Tag Archives: unconscionable

Two Health Club Cases Clarify Delaware Waiver Law

By Doyice Cotten

Reminder: There is a new Fitness Law Academy Newsletter designed specifically for fitness professionals. It is written by Dr. JoAnn Eickhoff-Shemek, a fitness industry authority. And the best news of all —  its FREE!.    Click here for your free subscription!   djc

In 2016, the Delaware Supreme Court addressed a case in which a Planet Fitness health club member was injured when a cable broke on a seated rowing machine (Ketler v.

Adhesionary Contracts or Unconscionable Contracts: Are They Enforceable?

By Doyice Cotten

A recent New York waiver case (Lobell v. Youtube, LLC and Google, Inc., 2017 U.S. Dist. LEXIS 127327) involved the allegation that a waiver was not enforceable because it was both an adhesionary contract and an unconscionable contract. The U.S. District Court for the Southern District of New York examined the issue in light of California law (as called for by the provisions of the contract).

Adhesionary Contract

The court defined an adhesionary contract as “a standardized contract,

NJ Federal Court Addresses Several Waiver Issues:

By Doyice Cotten

In a recent New Jersey case (Kang v. LA Fitness of South Plainfield, 2016), the court addressed several issues relating to waivers. Among them was 1) non-reader or speaker of English, 2) font size, 3) national association standards, 4) failure to read the waiver, 5) failure to explain the waiver, 6) failure to initial a provision of the waiver, and 7) contract of adhesion.

Ms Kang was injured while working out on the chin/dip assist pull-up machine.

Massachusetts Skydiving Waiver Case Yields Some Interesting Results Regarding: Opportunity to Bargain, Unconscionability, & Strict Liability

By Doyice Cotten

Tricia Cahalane was seriously injured while performing a tandem skydiving activity. In the tandem skydive, she was attached to Marcus Silva, an employee, by a harness. During the skydive, Silva performed a “hook turn;”  Hook turns were allowed at that time, but have since been prohibited. When she landed, she broke the femur in each leg. Prior to the skydive, she signed a waiver releasing Skydive Cape Cod from liability for any injury incurred. She was given the opportunity to avoid signing the waiver for an additional fee of $750,

Oregon Supreme Court Rules on Enforceability of Liability Waivers

By Doyice Cotten

Author’s Note: It is rare that a court clearly defines and explains waiver law in a state. The Oregon Supreme Court made an effort to explain both the law and their reasoning; and, unlike many courts, explained the law in an understandable manner. The reader is urged to read the entire case. Much can be learned from the opinion.   From the opinion, it would seem that the Oregon Supreme Court is moving closer to the restrictive stances held by courts in Wisconsin,

Court Makes Clear the Texas Waiver Law

By Doyice Cotten

Note: This is a common negligence suit in which the defendant claims protection from a waiver of liability. Seldom do courts describe state waiver law so clearly.

Kimberly Ramirez , while a member of 24 Hour Fitness USA, Inc, slipped and fell when she stepped into a puddle of water on the floor (Ramirez v. 24 Hour Fitness USA, Inc., 2013 U.S. Dist. LEXIS 69451).

Waiver Protects Tennessee Motorcycle Safety School from Loss

By Doyice Cotten

Ruth Maxwell, a 58-year-old Tennessee resident, saw an ad for a motor scooter convention and decided it would be a fun and economical way to travel to and from work.(Maxwell v. Motorcycle Safety Foundation, Inc., 2013 Tenn. App. LEXIS 52)  She decided to enroll in a class to learn how to operate a motor scooter safely and signed up for a course with the defendant Mid Tenn Motorcycle Education Center, Inc (MTMEC).

Waivers: Adhesionary Contracts are Enforceable

This article was taken from Waivers & Releases of Liability 7th ed. and updated for SportWaiver.com. Click SportWaiver for a limited time special price on the book.

By Doyice Cotten

It was just a few years ago that most professionals in recreation, sports, and fitness thought that liability waivers were worthless. Now, of course, most understand that waivers can provide liability protection for the service provider in most states.

There are still a lot of erroneous ideas regarding waivers.