Legal Question in Consumer Law in Massachusetts

Fitness center liability waiver

A fitness center requires members to absolve it of all responsibility for anything that goes wrong on the premises (both the contract and a waiver say this; see text below). When I pointed out that an accident might due to malfunctioning equipment, etc., the owner assured me that if the mishap were demonstrably the center's fault, the contract and waiver would not stand up in court and would not prevent me from suing them.

My question: Is she correct? Does it make sense to sign such a contract and waiver, absolving them of all responsibility? The other factor is that this center is uniquely suited to my wife who has had a stroke. We both want to take advantage of it.

Exact text:

In the waiver, one agrees to ''release, waive and discharge, and to indemnify and hold harmless [center] and its employees and affiliates from all loss, expense and liability for injury, death or damages to the person or property of the undersigned while using [center]'s facilities.''

The contract states: ''I am hearby waiving and releasing [center] from and against any and all claims, costs, liabilities, and injuries incurred while on these premises.''


Asked on 1/03/07, 4:36 pm

1 Answer from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Fitness center liability waiver

The fitness owner cannot have it both ways. This is called an adhesion contract. This means an all-or-none agreement. On occasion these contracts or their clauses have not been upheld in court. Are you going to take the risk that a verbal representation from a none attorney is going to help you in the event of a problem?

The initial presumption is in their favor, and you would have to invalidate part of the agreement or challenge it.

Also remember that this waiver was written by a team of experienced lawyers who want to protect the fitness center. You would be a mere member that has minimal rights and minimal recourse.

If you have any other questions, contact me.

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Answered on 1/03/07, 4:57 pm


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