Enforcing Releases/Waivers of Liability for Health & Fitness Clubs: A State by State Compendium

In order to limit loss and exposure, many health & fitness organizations have their members and guests sign waivers of liability before participating in any activities. But will those waivers really shield health clubs from potential liability? This program provides a state by state comparison of the enforceability of liability waivers and general releases. It will become unquestionably evident that a waiver upheld in one state could just as easily be found unenforceable in another. This course identifies the most “lenient” states for enforcing waivers and compare them to the stricter jurisdictions throughout the county. 

The course also discusses some of the overriding factors courts rely upon when determining whether a waiver can be upheld, such as whether the language of the waiver is clear and unambiguous, the circumstances under which the release is being executed, and whether the state’s public policy would allow such a release to be enforced. It explores each state’s twist on these factors by examining seminal decisions. 

Finally, the course reviews actual releases and waivers from health and fitness clubs throughout the country and discusses whether these examples would be enforceable in different jurisdictions. Mr. Mezzacappa also discusses the pitfalls of the enforceability of waivers and offers advice to address these potential defects during the drafting stage. 

Learning Objectives: 

I. Review how each state treats waivers/releases of liability 

II. Identify the key factors each state relies upon in determining whether a release is enforceable 

III. Examine actual waivers/releases of liability that are being used throughout the country, discussing whether they are enforceable and identifying potential issues with each release 

IV. Identify the classic pitfalls that prevent waivers/releases of liability from being enforced and consider potential ways to address these defects in the drafting stage