Make Your Waiver Broad

Protect your fitness center with a waiver that covers your entire facility and a wide range of activities.

In a 2007 California waiver case, Georja Jones became a member of the Pritikin Longevity Center and Spa, a fitness center located within the Loews Santa Monica Hotel, Calif. She signed a membership agreement that consisted of several paragraphs. In paragraph seven, titled "Waiver of Liability," Jones acknowledged that she was using the facility at her own risk, and waived the liability of the hotel. About a month later, she was injured when she tripped over a hose that was on an outdoor sidewalk on hotel property about 50 to 75 feet from the fitness center's entrance. She subsequently sued, alleging negligence and premises liability. As its defense, the hotel claimed that the waiver signed by Jones released Loews Santa Monica Hotel from liability. The trial court declared a summary judgment in favor of Loews and Jones appealed [Jones v. Loews Santa Monica Hotel Inc., 2007 Cal. App. Unpub. LEXIS 5309].

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