Tag Archives: Tunkl

Club Liability Regarding Childcare Programs

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. Of course, such parental waivers are not enforceable in many states; in fact, they are commonly enforced in only about 15 states.

Management should consult their local attorney for two reasons: first, to learn if parental waivers are enforceable in that state,

Another Waiver Fails to Protect in Connecticut

By Doyice Cotten

Ronald Perry and his minor son filed suit against the Town of East Haddam after the son (Tucker) was injured while riding a scooter while attending  a “Summer day camp.” (Perry v. Town of East Haddam, 2016 Conn. Super. LEXIS 1149).  They alleged, among other things, negligent supervision on the part of the town and the supervisor of the program.

Defendants responded to the suit by claiming they were protected by a liability waiver and indemnification agreement signed prior to the injury.

Factors Affecting Waiver Law in the State of Washington

By Doyice Cotten

This case examines Washington waiver law, specifically as it relates to health clubs and fitness centers. Most of the concepts, however, apply to all waivers in the state. Two issues raised will be addressed this week and three more will be addressed next week.

Part I

A recent Washington waiver case (DeAsis v. Young Men’s Christian Association of Yakima, 2014 Wash. App. LEXIS 2201) clearly explains Washington law regarding the enforcement of waivers used by health clubs.

Waiver Effectiveness at Senior Adult Recreation Centers

By Doyice Cotten

This post looks at two California cases addressing waiver effectiveness at recreation centers focusing on senior adults.

1997

The first case was YMCA of Metropolitan Los Angeles v. Superior Court (1997 Cal. App. LEXIS 392) which upheld the enforceability of a liability waiver in a case arising from a fall by a healthy, 73-year-old woman at a YMCA senior program. The senior lady fell down the stairs after viewing a jewelry display.