Jump directly to the content

Conspicuously Display Provisions on Release Forms

Woman injured while receiving instruction sues fitness center.


A Washington state court ruled that a "waiver and release" provision in a fitness center membership agreement was not legally enforceable because it was not sufficiently conspicuous, and therefore a 74-year-old patron who was injured while receiving instruction on weightlifting equipment could sue the center. A 74-year-old woman (the "plaintiff") had rotator cuff surgery on her right shoulder and heart surgery to put in a stent. After completing post-surgery rehabilitation her doctor recommended that she continue to exercise. She joined a fitness center located a block away from her house. Membership in the center required that she sign a membership agreement. The agreement contained a "Waiver and Release" paragraph that stated:

Waiver and Release: I am aware that physical exercise is a calculated risk activity and that using The Club's exercise machines, free weights, aerobics, group fitness, ...

Join now to access this member-only content

Become a Member

Already a member? for full access.

Related Topics:
  • July 1, 2010

Related ResourcesVisit Store

Church Issues: Waivers and Release Forms and Church Liability
Church Issues: Waivers and Release Forms and Church Liability
What these documents do—and don't do—based on statutes and court decisions made nationwide.