Gross Negligence Claims and Releases

Lawyers are finding ways around waivers that have worked to protect fitness centers in the past.

Fitness centers are increasingly using prospectively executed releases/waivers to defend against claims put forth by users of their facilities to bar successful claims and suits. When they have been used to bar so-called ordinary negligence allegations, and where they have been properly worded and administered, these documents have generally been given legal force in most states to bar successful claim and suit - even in the face of claims that users did not read them, understand them or interpret them to bar their own particular claim or situation.

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