Tag Archives: broad waiver

Even Broadly Worded Waivers Are not Without Limitations

By Doyice Cotten

Many, or even most, waivers are written in such a manner as to include seemingly all mishaps that can occur to the client. There are many cases illustrating that the power of a liability waiver is not unlimited.

In a 2015 Illinois case (Hawkins v. Capital Fitness, Inc.), Hawkins signed the following waiver:

 

“MEMBER ACKNOWLEDGES THAT EXERCISE, TANNING AND USE OF THE EQUIPMENT AND FACILITIES OF THE COMPANY OR OF THEIR AFFILIATES NATURALLY INVOLVES THE RISK OF INJURY AND MEDICAL DISORDERS,