Physical activity can be achieved on your own, but the main reason that people sign up for the gym or other fitness activities is to get access to the best equipment on their own schedule. Fitness centers need to make sure that clients understand the risk they're assuming by getting the best workout possible. However, some gyms are still relying on paper waiver forms in their application process. This is an inconvenience for gyms to store, and visitors can easily lose those papers. That's why it's more important than ever for fitness centers and spas to consider taking their liability waivers and release forms online.Try it Free
A gym liability waiver can be very effective in dissuading people from filing a lawsuit against your facility. Let's say that one of your trainers has a client who suffered a significant injury on the treadmill. That client may try to hire counsel and pursue litigation to cover their medical expenses. However, a proper liability waiver will show that the client assumed the risk of injury when they agreed to their gym membership.
Waivers are not an absolute way to get out of a lawsuit, but more often than not, a signed and accurate waiver will lead to a dismissal in a court of law. Together with proper liability insurance and equipment maintenance, gyms and other fitness services can spare themselves from litigation in their jurisdiction.
Your attorney, who may have helped to create the waiver forms for your fitness center, should be consulted in the event of a lawsuit. A personal trainer may be named as a defendant in that litigation if the injury occurred during a training session. However, a signed consent form citing the assumed risk for "negligent training or instruction" is good news for your gym. Your attorney can file a quick motion with the court, presenting that signed gym waiver and asking the judge to dismiss the case. This may prevent any costly lawsuits.
Operating without a waiver form is incredibly dangerous. If your fitness center doesn't have a waiver, you should speak with an attorney who has experience creating waivers for gyms and health clubs. If you're using a previous form from another establishment you own, you'll want your lawyer to take a look to make sure it's sufficient enough to cover clients within the jurisdiction of another location. You can even tailor any attachments to those waivers to suit the space and other accommodations.
A fitness waiver template may seem like a great idea to save money and time, but it's safer to have an attorney draw up a waiver specific to the physical fitness activity happening in your establishment. General waivers for "any and all" injuries that occur at your gym won't work. They're simply too vague and can leave you on the hook for a negligence claim or any medical expenses resulting from a client's injuries.
If your fitness center offers personal training sessions, you'll want to make sure that clients sign a gym waiver that specifically adheres to the classes offered and what fitness professionals recommend for those who sign up for the classes. A fitness release form should mention the risks specific to those sessions or equipment used. These forms also should be filled out well in advance of the first training session.
If you operate multiple locations, your gym's waiver should be drafted to accommodate a gym member to work out at any location. The same waiver can be used in different states across the U.S., but you should speak with an attorney regarding any regulations within the state for a consent form. Most states honor properly worded waivers that are signed by the gym member. However, a very small number of states do not allow liability waivers. Some language may need to be different depending on the laws in your state. A fitness waiver may also need to be adjusted based on city or county regulations.
Your fitness release form should not only accommodate the basic standards of waiver law in your given jurisdiction but include the potential risk associated with activities that are unique to your health club. A personal injury lawyer will advise you to list out the fitness services that are available through personal trainers or the use of specific equipment. In fact, release forms have been expanded during the COVID-19 pandemic to include virtual personal training sessions or fitness classes to clear your gym and staff members of any liability.
A gym membership agreement and any waivers should be presented separately. A court of law needs to see evidence of reasonable care by your facilities. This is demonstrated by a separate membership contract followed by later review of fitness consent forms that show there was a differential in the legal contract and other documents. Plus, those liability waivers need to be clearly labeled, making sure that the assumption of risk is understood without fine print.
WaiverSign note: WaiverSign can facilitate multiple agreements with a single signing link. With our platform, you can build out separate documents for your gym membership agreement, your waivers, and any other agreements you need to have clients sign. Each agreement is presented and signed individually, with individually signed copies of each sent to the gym member and stored for easy access in WaiverSign.
Yes. Any attorney with personal injury litigation experience should want to speak with you regarding your gym waivers. Of course, there is concern for gym owners spending too much on legal fees. However, most attorneys will offer a free consultation regarding these documents before seeking payment to craft a new waiver for your facilities.
While we don't recommend using another gym's liability waivers, there's no harm in speaking with gym owners in your area to get a referral to a particular attorney. This will point you in the right direction to protect your fitness center and your staff members from a potential negligence lawsuit.
A gym waiver for your fitness center should take an experienced attorney an hour or two, but it should not expand beyond that. Attorneys charge by the hour, usually at a rate of hundreds of dollars, so make sure that you are hiring an attorney with a reasonable rate who has a history of good practice in creating release forms. Don't hesitate to ask a lawyer for an estimate of how long a project will take them so you can make sure you are on board with how much you're spending to get these insights.
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Cory Sterling, the founder of Conscious Counsel, has supported over 800 wellness professionals worldwide with legal agreements. In this video, he explains the risk in copying and pasting a gym liability waiver template or similar agreement you find online. His newest service, Law is Fun, allows you to quickly and easily create a custom service agreement, intake form, and liability waiver for massage, yoga, fitness, pilates, dance, or health coaching. Plus as a WaiverSign user, you'll get an automatic 10% off your waiver.
Hard copies of gym liability waivers are a thing of the past. Paper signing becomes monotonous for the signer, and this important step actually becomes a hassle for gym owners. Personal information is rushed, leaving it illegible, and these papers take up too much physical space. Going digital makes life easier for any reasonable person, and presenting a liability waiver or fitness class release form electronically dramatically improves processes for any service provider. Acquiring electronic signatures through online health club waivers is incredibly beneficial, as it is:
An electronic waiver solution makes it easier for clients to check in at the gym. A facility owner can send a new client a link to a total waiver of liability in advance of their first visit or training session. With a simple URL, customers will be able to sign on the dotted line in advance and provide clearly listed personal information for quick reference. If you don't want to opt for emails, there is the waiver kiosk solution, providing a QR code that can be scanned for sign-up or check-in on a client's personal device.Try it Free
Every gym or fitness class is different in terms of the information that needs to be collected from its members. With WaiverSign’s standard and custom fields, you can set up your gym waivers to collect any information you need, update it whenever necessary, and ensure readability every time. You can also update a proper waiver to add changes to state law or local jurisdictions, making sure no document is rendered invalid because of outdated legal ramifications.Try it Free
Every interaction that people have with your fitness business matters. Emails, phone conversations, website visits, and social media interactions all have an impact on your brand's reputation. That's why it's important to make your fitness liability waiver stand out from start to finish with custom branding, like logos and background colors. Beyond gymnasiums, it also helps clients quickly reference their own records.Try it Free
First impressions are critical in any business, and eliminating the paperwork puts a greater emphasis on your gym's offerings. A quick and easy online waiver form to fill out gives visitors peace of mind that they know the risk of injury. This allows clients to get the documents out of the way and focus on their fitness routines. You’ll make the sign-up process faster by making it easier to account for all the signed liability waivers and membership agreements you need to collectTry it Free
As more gyms are accommodating classes for kids, it's important that a child's waiver is just as encompassing as for an adult client. This release of liability waiver should be clear for parents and legal guardians to understand, making sure that a child can enjoy a class safely while knowing the risk that comes with having children take part in fitness classes. A proper minor liability waiver should be filled out in advance of a class. If clients have concerns over those classes, they can consult with staff members to get a clearer understanding of the safe manner in which these sessions are conducted.Try it Free
You can customize the language and sections of a fitness waiver template to include appropriate inherent risks and other essential information critical to your business. This includes different qualifications for courses or personal training sessions. You can also:
The days of filing cabinets and stacking papers are over. WaiverSign's digital waiver platform makes everything from an orientation form to a consent form cleaner and more accessible thanks to a secure cloud environment. Once this authorization is obtained, gym owners can give access to personal trainers and other staffers to quickly reference forms in the event of a client's injury or potential legal action. Plus, that personal information is safely stored and kept away from the wrong hands.Try it Free
WaiverSign can help you gather digital signatures on any type of consent form that you need to have signed repeatedly. Your clients will love how easy it is, and you’ll love getting organized and saving time.
Whether your personal trainers are teaching gym members proper form in weight lifting or your health club needs clients to have medical clearance to use a sauna, you’ll find WaiverSign’s online waivers and digital release forms will save you time and money. WaiverSign’s online waiver software makes managing waivers simple.
Contractor Liability Waiver
"We use WaiverSign for our new Code of Conduct and Member Acknowledgement. It is so user-friendly for our varied demographics and streamlines the process for our health club. We love how simple it is to use."
"WaiverSign has helped our check-in process, lightened my workload, and provided an easier format for our guests and for us. We love being able to associate guests to an event name and easily look up guests."
"Working with WaiverSign has been a great experience. Having WaiverSign on our website allows large groups to complete the waiver prior to arriving, thus speeding their entry into our locations."
"WaiverSign was able to help us get our system up and running quickly and seamlessly. I highly recommend them for anyone looking to collect and organize waivers from a large group of participants."