Waivers | State Laws

Facts - Health club member sued health club for personal injuries while on the club=s premises, but was not using the club=s exercise equipment. The member signed a waiver of liability as part of a membership agreement at the club. The waiver released the club from liability for all personal injuries sustained by a member on the premises whether using exercise equipment or not.

Rationale - A written release may exculpate a tortfeasor from future negligence or misconduct. To be effective, the release must be clear, unambiguous, and explicit in expressing the intent of the subscribing parties. The release need not achieve perfection. Exculpatory agreements in the recreational sports context do not implicate the public interest and therefore are not void as against public policy. In determining the purpose for which the release was signed, an appellate Court looks at the language of the release and the agreement in which it is included, and not the inherent risks of the underlying recreational or sports