On behalf of Smiley & Smiley, LLP posted in Premises Liability on Sunday, January 12, 2014.
You may have joined a gym as part of your New Year’s resolution either this year or in years past. Or perhaps you joined a gym at another time of year that inspired you to get fit. When you joined a gym, the facility almost certainly had you sign a waiver of liability. You may or may not have scrutinized this form. But if you wanted to join the gym, you likely had no choice but to sign it as it was presented to you.
Liability waivers do protect both gyms and their staff from being sued in certain situations. However, these waivers are not airtight and do not protect gyms or staff members in all situations. If a facility or staff member is negligent or reckless and you are harmed as a result, you can likely pursue a personal injury or personal trainer negligence claim in some form.
Gym liability waivers and personal trainer agreements are contracts. Therefore, they are subject to the rules of contract law. As a result, the terms that the gym requires guests to sign may not be overly broad, include provisions that are against public policy or are otherwise unenforceable.
Each gym-related injury is unique. As a result, it is important that you speak with an attorney experienced in gym negligence and personal trainer negligence if you have been harmed and believe that you might have a legitimate claim against the facility and/or a staff member. Though gym liability waivers may bar some claims from moving forward, others may be pursued for the compensation that victims deserve.
Source: Law and Daily Life, “Does You Gym's Liability Waiver Mean Squat?” Brett Snider, Jan. 5, 2013
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