Sep 14

Gym Liability Waiver

With New Year almost here, many people are going to make a decision to join a gym in the New Year, so expect an increase in the number of people that are going to come to register for gym membership during this season.

There are always a potential for injuries to happen in the gym, some of these injuries can be life-threatening. You need to protect your business from lawsuits in case of injury. This is the reason why most gyms include liability waivers in their membership agreement.

Some fitness professionals are familiar with liability waivers and they know it can protect them from liability. However, many of them do not understand that what is required to make an airtight liability waiver that is enforceable in any law court. Probably, some fitness professionals or gym owners don’t realize how costly a lawsuit can get if their liability waiver doesn’t hold up in a law court.

 

What is a Gym Liability Waiver anyway?

Gym liability waiver is a form that you give to every gym member to sign stating that they are aware of dangers and risks of using gym equipment and machines and they won’t hold you or your gym responsible if they get injured while using the equipment.

A well-written gym waiver and release document, signed voluntarily by an adult user of the gym, will, under most circumstances protect the gym owner from negligence or liability in at least 45 states. In fact, most states now enforce liability waivers signed by parents or guardian on behalf of a minor participant.

 

Why you need a waiver?

  • It can save you from costly lawsuits
  • It protects the clients from suing you
  • It makes participants more responsible
  • It makes participants aware of the risk of using the equipment and machines in your gym house.

Can Liability Waiver Fail?

A gym liability waiver can fail to hold up in court for many reasons. One of the common reasons why liability waiver fails to hold up in court is a poorly written waiver or a waiver that is not sufficient and encompassing. Fortunately, you can get good waiver templates to create waivers that are enforceable in courts of law and reduce the likelihood of this type of waiver failure.

 

Creating A Good and Enforceable Liability Waiver

It is important that you create a waiver that can be enforced in court. There is no point rushing to create a waiver that cannot hold up in a court of law or one that cannot protect you. Lawsuits are expensive; even if you end up winning the case, the client would have given you a bad name by taking you to court.

You can avoid this problem by creating an enforceable waiver. One way to start is by downloading a good waiver template. There are some websites that provide free liability waiver forms. Once you get your form, here are what you need to ensure that are included in the waiver:

  1. Is Your Waiver a Separate Agreement of One to Three Pages? Your liability is good if the agreement serves only for liability protection (I.e. not combined with registration or sign-up function)
  2. Does Your Waiver Have a Descriptive Title that Include One of the Phrases below?
  • Assumption of Risk
  • Waiver of Liability
  • Indemnification
  • Indemnity

Your waiver is good if it is described with one of the above-listed phrases. It is not enforceable if the title includes:

  • Application
  • Registration
  • Membership contract
  • Sign-up sheet
  1. Are the fonts you use big enough to be easily ready by the signer?

Your waiver is good is your waiver have large and easy to ready fonts

  1. Is the language clear enough for the reader to understand? You must avoid use of big terms and grammars that may be confusing to the intended reader.
  2. Is the agreement written in an easily readable format?
  3. Does the waiver list the risks that are associated with using your equipment and machines?

You must evaluate your waiver form to ensure it contains the above points. You don’t need to create a waiver form from scratch; you can easily download free liability waiver templates from some good websites that offer legal template services.

 

What Gym User Must Know Before Signing Gym Liability Waiver

As a user, it is important you take time to know what you are signing. This is important because you won’t be able to sue the gym once you sign their waiver that is prepared in an enforceable manner.

You should know that:

  • Any liability that bars every liability for any injury that happens in the gym is overly broad and unenforceable. This is known as a total waiver of liability.
  • Most courts see it as against public policy to enforce any liability waiver that releases the gym from liability that arises from an intentional or reckless conduct by its members or representatives.
  • Ensure you don’t sign a waiver that bars you from suing the gym due to their employees’ own negligence.

 

Do you need a gym liability waiver? Download an enforceable gym liability waiver from our website now.

“I, _______________________________, have enrolled in the personalized health and fitness program offered through Gym Fitness. I recognize that the program may involve strenuous physical activity including, but not limited to, muscle strength and endurance training, cardiovascular conditioning and training, and other various fitness activities. I hereby affirm that I am in good physical condition and do not suffer from any known disability or condition which would prevent or limit my participation in this exercise program. I acknowledge that my enrollment and subsequent participation in purely voluntary and in no way mandated by Gym Fitness.”

“In consideration of my participation in this program, I,_________________________, hereby release Gym Fitness and its agents from any claims, demands, and causes of action as a result of my voluntary participation and enrollment.” “I fully understand that I may injure myself as a result of my enrollment and subsequent participation in this program and I, ___________________________________, hereby release Gym Fitness and its agents from any liability now or in the future for conditions that I may obtain. These conditions may include, but are not limited to, heart attacks, muscle strains, muscle pulls, muscle tears, broken bones, shin splints, heat prostration, injuries to knees, injuries to back, injuries to foot, or any other illness or soreness that I may incur, including death.”

I HEREBY AFFIRM THAT I HAVE READ AND FULLY UNDERSTAND THE ABOVE STATEMENTS.

___________________________ (Participant Signature)
___________________________ (Date)

 

To download the free Liability release form in PDF format, please click Free Liability Waiver.

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