This Table is excerpted from the 7th edition of Waivers & Releases of Liability by Doyice and Mary Cotten.
Have you ever wondered “What is the difference between assumption of risk and a waiver?” What about “‘What exactly is the function of a waiver?”
This article by Doyice Cotten originally appeared in Fitness Management. Sport, fitness, and recreation professionals often describe a situation involving an injury and ask if they are liable. This article will help others to quickly determine if he or she might be liable in an injury situation.
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,
This article by Alexander “Sandie” Pendleton addresses some of the concerns regarding the validity of online waivers. Mr Pendleton is with Kohner, Mann, and Kailis of Milwaukee.
Do courts enforce waiver agreements that are entered into electronically,
This article was written by Julie I. Fershtman, Attorney at Law (www.equinelaw.net). She offers expert comment on a timely question regarding liability waivers.
Dear Ms. Fershtman:
My friend gave me some form liability releases and boarding contracts.
This was written by Charles “Reb” Gregg in September, 2006. Mr. Gregg provides some invaluable information regarding indemnification agreements. Mr. Gregg is a practicing attorney in Houston, Texas specializing in adventure law and may be reached at 800 Bering Drive,
By David L. Herbert
This article by David Herbert was originally published in Fitness Management in June, 2008. It offers timely advice concerning the use of waivers in unsupervised facilities.
One of the most common reasons that a waiver fails when challenged in court is that it violates the public policy of the state. Often readers are puzzled by the term “public policy” and ask, “Just what is public policy?” This concept is quite broad and is not easily defined or explained.
