Athletic Business provides a specific example of how the enforceability of a signed release is predicated on gross negligence. In one case, a health facility’s waiver defense was refuted when the court found that the facility deviated from what was considered normal practice within the industry.
The facility’s problem was twofold: A client not only signed a contract in a language that was foreign to her, but she also subsequently suffered a treadmill injury caused by a lack of spacing between exercise machines. There was no clear evidence that a gym employee properly advised the member on risk or what she was signing. Plus, in not ensuring that there was the normal six feet of clearance behind the treadmill, the fitness center had severely strayed from the industry’s standard of care.
An incident like this may serve as a reminder to gym owners that waivers may not always absolve them of any liability when a client is injured.