Waivers of Liability – (Release of Responsibility)
Members of fitness centers are all familiar with the part of their contract that says that the gym, gym staff, etc., are not liable for injuries sustained by members. So, the average gym member assumes that the Waiver is ironclad, and that they have no legal options against the fitness center.
However, in Wisconsin, waiver of liability agreements are disfavored, and to be upheld, the agreement (contract) must withstand very close scrutiny. The Wisconsin Supreme Court stated, “each exculpatory contract (waiver of liability) that this court has looked at in the past 25 years has been held unenforceable.” This does not mean that all such waivers are unenforceable, but if the court finds that the waiver is contrary to public policy, it will probably be invalid.
What It Means If You Are Injured
Health club members should know that despite signing a waiver or release of liability, they may still have a very good, actionable case against the negligent health club ownership, health club management, or health club employees such as trainers.
So, If you do get injured in a gym, health club, or fitness center, contact Wisconsin attorney Thomas Margolis.
As a former business owner in the health and fitness field, Medical Exercise Specialist, Personal Trainer, and Fitness Counselor for more than 12 years, Wisconsin personal injury lawyer Thomas Margolis has a thorough understanding of the fitness industry. Since Attorney Margolis has experienced all aspects of the workings of the health club/fitness center industry, he understands the legal issues associated with gym injuries from the plaintiff’s side (gym members), as well as the legal issues associated from the defense’s side (gym owners, managers, fitness trainers, and other fitness professionals working with gym members).
Wisconsin personal injury lawyer Thomas Margolis can help you to assess your gym injury case. Contact Margolis Law today.
Thomas Margolis is a Madison, Wisconsin based attorney, serving clients throughout the state of Wisconsin.