If you have ever joined a gym, you have probably had to sign some kind of liability waiver. Learn what it means to sign a gym liability waiver here.
According to a 2016 survey, nearly 300,000 patients are rushed to the ER every year as a result of injuries incurred during recreational physical workouts. These are alarming statistics for both fitness enthusiasts and gym facilities.
The gym is a hotspot for physical injuries, from the weights, slippery floors, difficult workout routines and people pushing their bodies to the limit. It is for this reason that most gyms and personal trainers require their clients to sign a gym liability waiver when they resister.
Many gym members and fitness clients don’t realize what the document means. Some regard it as a simple gym agreement for accepting their terms and conditions. But a liability waiver has a profound legal weight.
What Does it Mean to Sign a Gym Liability Waiver?
A gym liability waiver is a very specific release agreement. A release agreement is a binding document where one party releases another party from legal liability.
In this case, a gym liability waiver is a one-sided release agreement. The gym member or client gives up their legal right to sue the gym, its staff, or personal trainer for personal injury, damage, or loss incurred within the facility or during workout sessions.
The agreement is one-sided because only one party (the client) relinquishes their legal right. The waiver is aimed at reducing the liability burden against a fitness facility or personal trainer when working with clients.
What is Contained in the Agreement?
The document requires no input from the client. All that the client has to do is read and sign the various page to confirm acceptance of the terms.
The first part of the document describes what it’s about and the terms that have been put forward. The rest of the document is populated with standard release clauses. The gym, fitness studio, or trainer does not necessarily have to sign the document.
It’s essential to read and understand the entire agreement before signing.
Understanding the Limits
Fitness waivers are executed and recognized at the state level. In the states of Louisiana, Connecticut, Virginia, and Montana, these waivers are invalid and rendered ineffective by state law.
In other states like Hawaii and Arizona, the waiver only holds legal significance under specific conditions. Various state laws may favor the rights of one party over the other.
Consult an attorney if you are unclear about your state’s laws regarding the waiver.
Suing for Negligence
Despite signing the release agreement, you can still sue for injury compensation if you can prove that the injury occurred due to recklessness or gross negligence by the gym staff or personal trainer.
You could also sue if you can prove that the injury was intentional or perpetrated by the gym’s employees.
As much as personal fitness facilities such as gyms are likely places to get injured, your gym or personal trainer will still require you to sign a gym liability waiver. Very few gyms and personal trainer will even consider negotiating the terms of the agreement.
The important thing is to understand your legal rights. Also, remember that the facility can still be held accountable for injuries under specific circumstances such as negligence.
Contact us today if you are seeking justice and compensation for personal injuries. Consult with us about your case.