When you own a Texas gym, you’ll want to have signed liability waivers to reduce the danger of getting sued for personal injuries that occur at your facility. Yet you don’t know how many types of liability waivers you need.
General Rule
Although it varies by facility, a general rule of thumb is to have two different liability waivers: one that’s designed for gym members; and the second one is for gym guests to sign. Although it’s theoretically possible to use only one liability waiver for both gym members and guests, it’s typically not a good idea because there are different issues to address for these gym facility users.
Children as Members or Guests
What about gyms that permit minors (under age 18) to use their facilities? Should a separate youth waiver be used? As a practical matter the member and guest liability waivers can be designed to be used for both adults and children…with a parent or legal guardian signing on behalf of the child. So, there’s really no need to create additional liability waivers just for kids.
Avoid the Dangers Created by Generic Waivers
One common mistake many attorneys make is giving a generic liability waiver to a gym client to use. These types of waivers are often unenforceable, i.e., the gym owner can still be liable.
Your Texas gym liability waivers should be specifically designed to address recent court decisions about the enforceability of such waivers. Courts tend to protect the consumer (e.g., the gym member or guest) instead of business owner, particularly if there’s been a personal injury. This means it’s important to use waivers that have been crafted specifically for protecting you as a Texas gym owner.
Do You Need Help With Your Texas Gym Legal Documents?
If you need liability waivers for your Texas gym or help complying with the Texas Health Spa Act so that your gym membership agreements are enforceable, schedule a phone consultation with Business Lawyer Mike Young today.
