Legal Question in Entertainment Law in Michigan
Liability Waiver
Quick Question:
I'm a fitness instructor in the evenings and I'm starting my own class at a corporate facility. I want the students to sign a release form that states that I'm not responsible for any injuries they may obtain during the class (wrong form, not in proper physical health to be in the class, whatever the reason may be). What release form do I use in Michigan?? Is there a website I can purchase the standard form from and add my info?
1 Answer from Attorneys
Re: Liability Waiver
Michigan courts generally enforce exculpatory clauses (that's what we are talking about) to the extent they release a party from liability for negligence. You can't get a release of liability for reckless or intentional injuries beccause it is against public policy.
There is another issue, though. You must be certain that there is consideration for the promise. If you stick the language under your client's nose as they are getting ready for their first class--picture the contract on the wall in Willie Wonka's factory--they may be able to argue that you gave them no consideration for their agreement. You might want to talk to a lawyer about this issue.
I do not have a form to give you, but if you search the web for "exculpatory clause" or find a standard fitness club contract, you will probably find suitable language.
Good luck.
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