Tag Archives: health club

A Change in Arkansas Waiver Law

By Doyice Cotten and Mary Cotten

In Waivers & Releases of Liability 7th ed. (Cotten, D. and Cotten, M, 2010), Arkansas was classified as a Strict state when it comes to enforcing waivers.  A recent U.S. District Court ruling upholding the waiver in Kotcherquina v. Fitness Premier Management (2012) has caused a change in the Arkansas Strict classification. In the book, the Arkansas law is summed up by the following:

The Supreme Court stated that waivers are not invalid per se,

California Landlord Protected by Waiver for “Amenity” Exercise Facility

By Doyice Cotten

Lewis Operating Corporation and Homecoming II operate a residential property which offers a health club or exercise facility as an “amenity” for residents. John Costahaude, a resident, was using a treadmill when an employee or agent of the ownership group  rolled a ball into, or under, the treadmill, causing the treadmill to flip upward and throw Costahaude off the machine. (Lewis Operating Corporation v. The Superior Court of Riverside County, 2011 Cal.

NJ Club Saved by Waiver

A patron’s fall off a stationary bike meets a court’s support of waiver protection for clubs.

By John T. Wolohan
This January, 2010, article written by John Wolohan illustrates the value of  an effective waiver when an injury occurs.

Why do courts in some jurisdictions fail to uphold waivers, while other courts will accept them in most cases? Often, the reason is a belief that waivers encourage a lack of care. As a result, a court will closely scrutinize and invalidate a waiver if it is found to violate public policy or is overly broad,

Foot Loose: Legal Liability Issues Relating to Barefoot Exercise

Alexander “Sandie” Pendleton
Sports, Fitness & Recreational Team Leader
Kohner, Mann & Kailas, S.C.
Milwaukee, Wisconsin

Christopher McDougall’s bestselling book Born to Run, and the extensive discussion therein regarding the reported benefits of barefoot running, have helped to ignite a new exercise trend (craze?). Fitness center owners are being asked if members can exercise barefoot, or are just seeing members working out barefoot in areas of the facility where, until recently, no one wanted to do so.

Cardiac Care in Clubs

This article by Doyice Cotten originally appeared in Fitness Management, but is as timely today as ever. Health, fitness, and recreation providers should have a plan in place for dealing with heart attacks and other serious incidents. Failure to do so can leave the provider liable.

Jerry Atcovitz suffered a heart attack while playing tennis at Gulph Mills Tennis Club in Pennsylvania.  He later filed suit against the club claiming that damage to his heart could have been mitigated if the club had utilized an automated external defibrillator (AED). 

Waiver Cases: Health Clubs 4 Plaintiffs 0

Doyice Cotten summarizes four recent cases involving health clubs. The first three are appellate cases from Minnesota and the fourth is a New Jersey Supreme Court case. These cases re-emphasize the importance of unambiguous waivers. One might say that two of the three Minnesota cases involve gross negligence or willful and wanton actions, but the court did not agree. Actions resulting in injury are not often deemed grossly negligent, reckless, or willful and wanton by the courts. This high threshold further increases the value of well-written liability waivers.

Weighty Issue

A fitness center injury lawsuit illustrates the importance of a proper risk management plan.

Attorney John Wolohan ([email protected]) reports on a fitness center injury lawsuit that illustrates the importance of a proper risk management plan.  John is a professor of sports law and chair of the Sport Management & Media department at Ithaca College. This article was published in Athletic Business in May, 2010.

As any administrator or employee involved in the sports and recreation industry will acknowledge,

Hang onto those Waivers!

This article by Doyice Cotten was originally published in Fitness Management. It has been updated (in red) and presents the provider with some valuable information regarding waivers.

Jody Corso was injured while performing an aerobic exercise under the direction of an aerobics instructor.  She fell while using a yoga ball and when she quickly regained her feet, she injured herself.  She filed suit against the United States Surgical Corporation (owner of the fitness center provided for the use of its employees),

Make Your Waiver Broad

This article appeared in Fitness Management in May, 2008.

In a 2007 California waiver case, Georja Jones became a member of the Pritikin Longevity Center and Spa, a fitness center located within the Loews Santa Monica Hotel, Calif. She signed a membership agreement that consisted of several paragraphs. In paragraph seven, titled “Waiver of Liability,” Jones acknowledged that she was using the facility at her own risk, and waived the liability of the hotel.