Language Key to Enforcing Waivers at Health Clubs

Readers of this column already know that most waivers - if written correctly - will be upheld by the courts as long as they don't violate public policy.

Readers of this column already know that most waivers - if written correctly - will be upheld by the courts as long as they don't violate public policy. However, not all states look at waivers the same. For example, in the states of Louisiana, Montana, New Mexico and Virginia, all waivers violate public policy. In some states, the courts will uphold the enforceability of a waiver or exculpatory clause in almost any situation, provided the decision to sign the waiver was voluntary.

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