By Doyice Cotten

Unsupervised gyms are pretty common today. Whether it is a regular gym or a facility in a residential building, these facilities pose an extra risk for the user. For that reason, owners of any facility that allows patrons to work out while no staff is on hand need to be certain that their waiver is worded in such a way that they are protected.

Waivers should not only include a description of the inherent risks found in any supervised workout facility, but should also warn the client of several special inherent risks found in unsupervised facilities.

Risks Created or Enhanced by the Lack of Supervision
The waiver should contain language that insures that the client understands these risks:

1. The waiver should make it clear that during certain hours of operation no trained attendant is on hand for emergencies. Further, at times there may not be anyone – attendant or other client – on hand to assist, and that should other clients be on hand, they would most likely be untrained in emergency care. The waiver should emphasize that some emergencies demand immediate care in order to prevent death or permanent damage to the individual.

2. The waiver should stress that all ordinary risks are enhanced. Make it clear to the client that the absence of a trained attendant tends to increase the risks associated with fitness and conditioning activities. The waiver should emphasize that both ordinarily minor risks and major risks are enhanced by the absence of trained support staff. Clients should understand that severe head injuries, serious arterial lacerations, strokes, heart attacks, or other such serious conditions could become life threatening when there is no emergency care or when emergency care is delayed. In addition, minor injuries can become more serious when treatment is delayed or an inappropriate treatment is applied.

3. The waiver should accentuate the fact that satisfactory emergency care may be unavailable. The waiver should stress the fact that there will be no trained party available to utilize the AED in the event of sudden cardiac arrest (and quite possibly, no one at all available). Likewise, there will be no trained staff member to administer CPR if needed. In fact, there may be no one to call EMS for help.

4. The client should be informed that the danger of getting infections is increased. The waiver should make it clear that the chance of getting infections such as colds, influenza, and staph are enhanced since no staff will be on hand to clean or sanitize equipment on a periodic basis.

5. The waiver should point out that dangers resulting from entry by unauthorized persons are increased. Regardless of the security method used by the facility, the opportunity for unauthorized entry is greater than that of a supervised facility. It should be mentioned that in the event of altercations, threats, or violent acts (e.g., assault or rape), there may be no one who can or will be of assistance.

So…..
You should re-read your waiver. Does it warn the client of these enhanced risks. If not, it is time to get a new waiver. The single paragraph waiver is becoming a thing of the past; today’s waiver should contain clear, specific warnings of risk. If warnings are missing, the waiver will not be enforced in many states.