By Doyice Cotten
In Boswell v. YMCA of Middle Tennessee (2019), the plaintiff, Adam Boswell, a health club member, sought damages from the health club based on its alleged failure to protect him from sexual assaults in the locker room by another club member.
by Doyice Cotten
Jasmin Urena was working out at the Wyomissing LA Fitness of which she is a member. After the workout, she relaxed in the sauna, after which the first step collapsed as she got up to leave.
Estiban Mejia suffered a fatal cardiac arrest while exercising at a 24 Hour Fitness gym. A California statute (H&S Code sec. 104113) requires that every “health studio” acquire an automatic external defibrillator (AED) and train personnel to use the AED.
By Doyice Cotten
Gabriella Sosa-Gaines filed a negligence action against Capital Fitness and her personal trainer, Don Myles claiming injuries caused when the trainer pressed down in the area of her spine to relieve her discomfort during a training session (Sosa-Gaines v.
By Doyice Cotten
In several previous posts (including Established Protocol for Administering an Electronic Waiver Protects Fair when Participant is Killed), this author has commented on how the validity of electronic waivers is dependent upon following procedures by which the electronic signature of the participant can be shown to be authentic.
By Doyice Cotten
A waiver of liability is a contract intended to relieve a service provider from liability for injuries resulting from the negligence of the provider. Such waivers are enforceable in at least 45 states providing they meet certain requisites.
By Doyice Cotten
Lori Hassler joined Results by Design, LLC in order to begin a training regimen in the hope of “toning up” for her daughter’s upcoming wedding. She listed her goals on intake paperwork as a tighter abdomen,
By Doyice Cotten
Health clubs and other sport-, recreation-, and fitness-related businesses or organizations often provide child care programs for pre-school or older children in order to better accommodate the parent. They often require the parent to sign a liability waiver.
By Doyice Cotten
Personal trainers should recognize the potential for injury in their profession and strive to serve their clients safely and effectively. Gregory Pedersen, the personal trainer in Berisaj v. LTF Club Operations Company, Inc.
By Doyice Cotten
Many waivers, even otherwise well-written ones, fail because the language can be interpreted in two ways. This case provides us with a good example of such a waiver (Fresnedo v. Porky’s Gym III,