Tag Archives: supreme court

Nevada Supreme Court Rules on Waiver in a Gym Membership Agreement

By Doyice Cotten

Nathan Waldschmidt was injured while using the Edge Fitness facilities and filed suit challenging the waiver he had signed previously. He claimed the waiver was ambiguous.  In 2018 the Nevada Supreme Court ruled that the waiver signed by the plaintiff was enforceable (Waldschmidt v. Edge Fitness, LLC, 2018). [Neither details of the incident nor the complete waiver was reported.]

The Nevada Supreme Court upheld the summary judgment of the lower court stating that the waiver located in the gym membership contract was unambiguous.   

Wisconsin Supreme Court Reinforces its Stand Against the Enforcement of Waivers

By Doyice Cotten

Several liability waivers have been enforced by Wisconsin appellate courts over the years; more important, however, is the fact that the Wisconsin Supreme Court has never enforced a liability waiver. With the advent of Roberts v. T.H.E. Insurance Company (2016), that record is still intact.

Patti Roberts attended a charity event at which Sundog Ballooning, LLC, offered tethered hot air balloon rides. After watching the event for a few minutes, Roberts decided to take a ride.

Wisconsin Court Rules Waiver Signed by Race Participants Enforceable

By
Alexander “Sandie” Pendleton

Thanks to Sandie Pendleton for this up-to-the-minute look at Wisconsin waiver law. This article first appeared at Sandie Pendleton’s sports-law related website www.releaselaw.com.

On February 10, 2011, the Wisconsin Court of Appeals held enforceable a waiver signed by two subsequently-injured participants at an auto race.

The case, Beer v. La Crosse County Agricultural Society, arose out of a race held at the La Crosse County fairgrounds.