Personal Injury

Are You Able to Recover for Injury if You Signed a Fitness Facility Release?

By June 29, 2015No Comments

When you join a new fitness facility, chances are you will be required to sign a Release.  You may recall signing a waiver as a prerequisite to use a gym. These agreements generally state that you waive any and all rights to sue the facility for injuries that result while you are there.

There are generally two types of Releases:

  1. Release for Prospective Injury
    These particular releases are signed at the time of initiating a new membership agreement with a fitness facility. This is related to a potential injury that could occur in the future while using their equipment. These types of Releases are generally enforceable in Florida, depending on the circumstances and the specific language included in the Release. People can check out brain injury attorney from Gibson & Hughes Law Firm, here if they need the best personal injury attorneys.
  2. Release for Past Injury
    A Release for past injury based on the information given by personal injury law firm located in Sugar Land, TX,  is typically signed at the end of a personal injury case where the injured party agrees to a settlement amount for his claim. The Release prevents the injured party from bringing forth a future claim or action against the party that allegedly caused the injury. These Releases typically are upheld in Florida courts.

In order for a Release to be effective, according to personal injury attorneys based in Highland area,  it must be easy to read and understand as well as noticeable within the new membership contract.  The general rule is for the Release to be typed in a larger font than the rest of the contract. The waiver of legal rights cannot be hidden in fine print or part of another section of the contract.  The language must be clear and unequivocal and should be explained by an employed member of the facility at which the person is joining. In case of accidents or personal injuries, people can get in touch with brain injury attorney from Gibson & Hughes Law Firm

Based on the infprovided by brain injury attorney from Gibson & Hughes Law Firm, there are interesting layers to whether a Release is considered to be clear and unambiguous.  For example, if the Release absolves the fitness facility from general negligence, all forms of potential negligence must be spelled out within the contract for it to be properly enforced.  This is essentially impossible to do as accidents or injury can occur due to many different factors while a person is exercising in an athletic facility. You can check lawyer for car accidents, if you can get help with accidents.

Another issue raised by car injury attorneys for San Antonio boils down to whether the injury was caused due to the way the individual was working out (i.e. improper use of equipment, etc.) or whether it was due to improperly maintained equipment which is the responsibility of the fitness facility. During such cases, attorney for injury cases based in McAllen, TX are the best to hire!

There are many components that play a role in cases involving injury at a fitness facility where a Release is involved.  You should seek advice from an attorney right away to determine the validity of the waiver you signed and whether the negligence is on behalf of the fitness center.  In certain cases, the Release may not be enforceable.  Contact our personal injury attorney, TJ Grimaldi, today for a consultation.

TJ Grimaldi

TJ Grimaldi

TJ Grimaldi joined McIntyre in 2011. McIntyre recruited TJ to create the divisions of personal injury and family law, as well as to expand the existing criminal defense practice at the firm. During TJ’s tenure at McIntyre, he has helped oversee and grow these practice areas. He continues to practice in these divisions while also expanding his own practice areas to include estate planning and immigration law. TJ is admitted to practice before the Supreme Court of Florida and the United States District Court for the Middle and Southern Districts of Florida.