How Waivers Can Protect Fitness Facilities

Here are some of the causes of lawsuits in fitness centers, and the effect of waivers on liability in specific cases.

A woman was seated in a whirlpool when a strong gust of wind blew down an umbrella used to shade it. A broken piece of umbrella struck the woman in the back, causing injury. The woman had signed a membership agreement that included a waiver section absolving the fitness center from responsibility for all claims arising out of the member's use of the health club, facilities or equipment. In a 2004 ruling, the court found that the waiver was unambiguous, and barred recovery by the injured member (Peters vs. Bally's Holiday Spa Health Clubs of California, 2004 Cal. App. Unpub. LEXIS 3547).

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