A Fitness Services Waiver is a type of one-sided agreement between a client and a fitness provider (like a gym or personal trainer) in which the client waives their legal right to sue the fitness provider in case of any injury, loss, or damage. Although Fitness Services Waivers are signed for specific gyms or individual fitness professionals, the agreement is one-sided because it is only the client that is giving up rights. Often, these agreements are signed in exchange for the client to be able to participate in fitness services, such as at the beginning of a gym membership or personal training program.
This document provides a layer of protection to the individual or business providing the fitness services so that they won't be worried about any lawsuits while training or assisting the client. This Fitness Services Waiver provides clauses to protect the business or individual, as well as (if applicable) facility staff members and representatives from any liability associated with a person participating in fitness activities where there is a certain level of risk present.
This document is somewhat similar to a Release Agreement, but it is different in that it is far more specific and should be used only for fitness services and activities.
Please be advised that in the following states, these types of waivers have been held invalid and therefore, will likely not be effective: Connecticut, Louisiana, Montana, and Virginia.
Please be advised that in the following states, whether waivers such as this are valid has been held to be a matter for a jury decision and therefore, the effectiveness of this document may be in question: Arizona and Hawaii.
How to use this document
This document can be used for any type of fitness provider: an individual, a gym, or another type of organized business. In this document, there is not a lot of information to input. The reason for that is because this document should ideally be initialed and signed in multiple places by the client waiving their rights.
Within this Fitness Services Waiver, in the first half of the document, there are a series of statements that the client should ideally read, understand, and initial. The second half of the document contains standard release clauses that should be included within the document. Finally, the client normally signs and executes the document at the bottom. Generally, no signature is needed from the fitness provider.
After this document is filled out with the most information possible, it is a good idea to print it so that the client can then continue finishing it up.
Waiver agreements are generally subject to the laws of the individual state. As noted above, certain states may not permit waiver agreements like this and others may determine their effectiveness on a case-by-case basis.
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