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With New Year's resolutioneers rushing to sign up for gym memberships, liability waivers will likely be included in every membership agreement.
These memberships are contracts, which are enforceable regardless of whether you read them. But the liability waiver isn't always airtight.
What does this liability waiver mean and how can it affect potential injuries at the gym?
Membership agreements are contracts, but the piece of paper you're actually filling out and signing when going to the gym is actually an invitation for an offer. When you sign the agreement, you're technically making the gym an offer -- using their terms and conditions -- which the gym easily accepts. Why wouldn't they? They wrote the thing.
Legally, the offeror (you) is the master of your offer, so you have a choice whether to include any of the terms or conditions of the membership agreement -- including the liability waiver. Just like a contract for a job offer, you can scratch out or change things to your liking and then hand it over the gym to see if they sign.
Smaller community gyms might be more receptive to the idea of letting you negotiate a gym membership, but the big chains like Gold's Gym, 24 Hour Fitness, or Bally Total Fitness will probably see any changes to the form contract as a no-go.
So let's assume that you do sign a membership "contract" with the boilerplate liability waiver. What does it mean?
In general, gym liability waivers prevent you from suing the gym in the event that you hurt yourself while exercising there. These waivers are typically enforceable, but keep an eye out for:
This means a gym member is likely to be out of luck if a carelessly racked weight falls and breaks the member's toe. However, if it was done intentionally or with gross negligence, the waiver might not mean squat.
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.