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texas gym liability waiver

Who Should Sign A Texas Gym Liability Waiver?

By Business Contracts, Business Lawyer
texas gym liability waiver

Many Texas gym owners (and owners of martial arts studios) fail to get necessary signatures on liability waivers.

The most common mistake is to wait until after someone has been using the gym to get the waiver signed. This should be done before the facility is used. No exceptions.

The biggest reason for this error is the guest or trial membership. Not wanting to lose a potential sale of a gym membership, staff will omit paperwork trying to make it easy for a new person to try out the facilities.

However, newbies are more likely than long-time members to (a) get injured and (b) sue the gym for such injuries.

Another frequent error is getting the wrong person to sign the liability waiver when the individual using the gym is a minor (under 18 years of age).

Although you can get the minor to sign, that’s not going to mean much. Nor does it help you as the gym owner if a minor’s friend signs on the kid’s behalf.

Instead, you’ll want the waiver signed by the child’s parent or legal guardian. And the signature area on the waiver should reflect this relationship.

If you own a Texas gym or martial arts studio and need help with your liability waivers or other legal documents (e.g., gym membership agreement, media releases, etc.), it’s time to set up a phone consultation with Attorney Mike Young.

How Many Liability Waivers Does Your Texas Gym Need?

By Business Contracts, Business Lawyer

texas gym liability waiverWhen 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.