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.
