The following article highlights the importance of both facility maintenance and participation waivers.
The individuals in the article were hurt on the premises of a fitness center and sued the facility for their injuries. Both fitness centers had the participants sign a waiver shielding the center from liability. The outcome of both cases was to rule in favor of the participants and that the fitness center was liable for their injuries.
Part of the problem with the waiver is that it is too broad to protect the fitness center. The waivers need to be much more specific when discussing the inherent risks of physical activity. The other reminders is that a waiver does not waive the duty to provide a safe environment. Make sure that their is a written procedure regarding equipment checks and facility cleaning and that any issues are documented accurately. When something is worn, take steps to address it in the form of fixing it, removing it from use or a sign warning of dangerous conditions.
Your waiver may protect you if it is properly worded and the participants are aware of the risks involved with their participation. Showing that equipment is checked and the facility is cleaned will also demonstrate your willingness to ensure participant safety. Don't wait for something to happen before you address it. Perform routine checks on the facility and the equipment.
http://www.athleticbusiness.com/civil-actions/examining-membership-agreement-language-in-ymca-lawsuit.html?topic=3,300&eid=277204494&bid=1067635
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