Are Your Waivers Crystal Clear?

Thanks to ambiguous language, a facility's release did not bar a lawsuit in a recent California case.

A recent California Court of Appeals decision should prompt all fitness facilities to review their release/waiver documents to determine if they will be effective in barring suits against them. In this case [Zipusch v. LA Workout Inc., 66 Cal.Rptr.3d 704 (Cal.App.Dist.2, Oct. 3, 2007)], the plaintiff, a member of a fitness center owned by the defendant, suffered personal injuries when her foot became stuck to a sticky substance on a treadmill at the facility. She filed suit "for general negligence and premises liability, alleging its failure to inspect and maintain the exercise equipment resulted in the sticky substance remaining on the treadmill, causing her to lose her balance when her foot became stuck to it."

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