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.

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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.

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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.

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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,

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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. 

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