If you own a fitness center or martial arts dojo in the Lone Star State, it’s important to limit your legal risks by getting a Texas gym waiver and release of liability signed.
But who should sign it?
Every member or guest who uses your facilities. And you’ll want it signed before they start instead of after the fact to protect you against personal injury claims.
What about minors?
There should be a waiver and release of liability signed for every child who uses your Texas gym or martial arts studio. And it’s important that a parent or legal guardian signs the waiver on the child’s behalf. Because the child’s signature or that of an adult friend of the family isn’t enough to make the waiver and release valid.
What happens if a child continues using your fitness center or dojo after he turns 18?
As a young adult, you’ll want the 18-year-old to sign a new waiver and release of liability. And be sure to keep the original signed by the parent or guardian as additional protection against injury claims.
What if there’s a break/vacation in attendance?
If a person stops coming to your gym or martial arts studio for a while (e.g. several months) and then comes back, as a precaution it may make sense to get a new waiver signed before that person resumes using your facilities (and keep the original as a backup). Because without a newly signed waiver, that person could argue that new injuries are not covered by the old waiver as it lapsed when the person stopped coming to your premises for a while.
An experienced Texas business lawyer can help you put into place a waiver and release of liability, membership contract, and other important legal documents to help you profitably run your fitness center or dojo while reducing your liability exposure. Plus the attorney will advise you on how to comply with the Texas Health Spa Act.
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