Tag Archives: personal trainer

Waivers Protect Georgia Health Club and Personal Trainer

 By Doyice Cotten

A man and his wife joined a gym, signing a total of 3 waivers of liability. He began working with a personal trainer and on the day he suffered a stroke, he took a food supplement (R.A.G.E.), which he had bought elsewhere, and did a workout with the trainer. He sued the gym alleging the workout was too vigorous and sued the drug manufacturer.

The first document he signed was a membership agreement with an exculpatory agreement within it:

“WAIVER AND RELEASE LIABILITY”:

The Club urges you and all members to obtain a physical examination from a doctor before using any exercise equipment or participating in any exercise class.

More News Regarding Rhabdomyolysis.

Personal Trainers NEED to Know About Rhabdomyolysis

By Doyice Cotten

Check out the following link to athleticbusiness.com for a recent article telling more about the potentially deadly disease caused when participants train too hard too quickly.

http://www.athleticbusiness.com/articles/article.aspx?articleid=4022&zoneid=11

See also two previous articles that appeared on this site:

https://www.sportwaiver.com/killer-disease-caused-by-exercise/

https://www.sportwaiver.com/do-you-know-about-rhabdomyolysis-it-is-a-must/

Help spread the word to other trainers. Email this post to them.

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,

Waiver Law in Pennsylvania: Personal Trainer vs. Licensed Physical Therapist

By Doyice Cotten

A 2010 court ruling in Pennsylvania (Taylor v. L.A. Fitness International, 2010 Phila. Ct. Com. Pl. LEXIS 252) illustrated a difference in the effectiveness of waivers depending upon who the relying party is. The plaintiff was injured while under the care of a personal trainer provided by L.A. Fitness. She alleged that the trainer taught her an improper exercise, failed to properly assist or sport her, and that his negligence caused her shoulder injury.