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Don't think of what you pay per month as fitness center fees it's an investment in your health, happiness and future. It's a relatively small payment when you compare it to the everlasting value of a gym membership.
Liability waivers are enforceable in California solely to the extent they shift to the customer the risk of ordinary negligence. Under California law, a liability waiver cannot excuse an injury caused by a defendant's gross negligence, recklessness or intentionally wrongful act.
General Liability: Basic gym liability insurance, this covers accidents that can occur in your gym, such as customer slip and falls. It also protects against lawsuits that can arise from such accidents. Professional Liability: Also called errors and omissions (E&O) insurance, this protects against claims of negligence.
Here is all that pertains writing an effective liability waiver:Get help. Writing a waiver should not be complicated.Use the correct structure.Proper formatting.Include a subject line.Include a caution!Talk about the activity risks.Do not forget an assumption of risk.Hold harmless.More items...?
The Waiver must be clearly worded and unambiguous in its intent to relieve any and all legal liability, even liability for negligence. The Waiver should be prominent and not hidden in the fine print of a long contract. The Waiver must be signed by the person who it is being used against.
Negligence is, by far, the most common cause of action against a gym. A liability waiver is your shield against those lawsuits. By signing the waiver, a member agrees not to hold you liable for negligence if they are injured at your gym provided they were put on notice, in writing, of possible risks of injury.
The answer is simple a gym membership can lead your health to improve over time. Better health means lower blood pressure, better mental health, and an improved immune system. Exercise has also been shown to help reduce blood sugar levels in diabetics or those who are on the verge of becoming diabetic.
As tempting as it may be, you should never write your own liability waiver. Unless you're a fully qualified lawyer with experience in this area, it's likely that you'll omit critical language that puts your business at risk for lawsuits.
What happens when the gym creates a dangerous environment that harms a member? It all comes down to one question: is that liability waiver enforceable? Gym membership contracts are considered contracts of adhesion, which are disfavored in the law.
In general, gym liability waivers prevent you from suing the gym in the event that you hurt yourself while exercising there. These waivers are typically enforceable, but keep an eye out for: A total waiver of liability.