Do Waivers Really Work, or Are They Not Worth the Paper They Are Written On?

If you own a fitness facility, personal training studio, or any sports-related business, chances are you require your members and clients to sign a waiver or release of liability before they begin exercising at your facility. But do waivers really work? Are they worth the paper they are written on?

The Short Answer

It depends. The enforceability of liability waivers varies significantly from state to state, and even from court to court within the same state. Some states, like Virginia and Louisiana, have found liability waivers to be against public policy and will not enforce them. Other states, like California and Colorado, generally uphold well-drafted waivers.

What Makes a Waiver Effective?

For a waiver to have the best chance of being enforced, it should:

• Be clearly written — Avoid legalese. Use plain English that the average person can understand.
• Specifically identify the risks — Generic language about “all risks” is less effective than specifically naming the types of injuries that could occur.
• Be conspicuous — The waiver language should be prominently displayed, not buried in fine print or hidden among other documents.
• Be signed voluntarily — The signer should not be pressured or coerced into signing.
• Not attempt to waive gross negligence — Most courts will not enforce a waiver that attempts to release a business from liability for gross negligence or intentional misconduct.

Waivers Are Not a Substitute for Insurance

Even the best-drafted waiver is not a guarantee against liability. Waivers can be challenged in court, and there is always a risk that a court will find the waiver unenforceable.

That’s why having proper liability insurance is essential for every fitness business. Insurance provides a financial safety net that protects your business when a waiver falls short.

The Bottom Line

Waivers are an important part of a comprehensive risk management strategy, but they should never be your only line of defense. Combine a well-drafted waiver with:

1. Proper liability insurance coverage
2. Regular safety inspections and equipment maintenance
3. Qualified, certified staff
4. Documented emergency procedures
5. Thorough incident reporting

For more information about liability insurance for your fitness business, contact SFIC or call us at (800) 844-0536.