Gross Negligence, Inherent Risks, Assumption of Risks: Using Waivers to Protect Fitness Clubs

Miller, John J.

doi:10.1080/07303084.2015.1009810

Cited by 2 publications

(1 citation statement)

References 2 publications

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“…Exceptions to this conflict are based on the general contract law principle that a party is not bound by a contract if the language was not clear and specific enough for the party to know, understand and appreciate the terms (Wong, 2010). The importance of utilizing properly drafted and administered waivers has been well documented (Cotten, 2013;Eickhoff-Shemek, Herbert, & Connaughton, 2009;Miller, 2015;Young, Fields, & Powell, 2007). Health/fitness facility managers in Australia perceived 'waivers' as the second most important risk management practice after 'insurance' (Sekendiz, 2014a).…”

Section: Theoretical Background and Purpose Of The Studymentioning

confidence: 99%

An Examination of Waiver Usage and Injury-Related Liability Claims in Health/Fitness Facilities in Australia

Sekendiz

Ammon

Connaughton

2016

Journal of Legal Aspects of Sport

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Under Australian law, recreational service providers can use exclusion (exculpatory) clauses in their service contracts to diminish legal liability for personal injury or death due to negligence. The purpose of this study was to examine (a) the use (i.e., development and administration) of liability waivers, (b) the number of liability claims stemming from injuries, and (c) the types and locations of injuries occurring in health/fitness facilities in Queensland, Australia. The data were collected using a cross-sectional risk management survey of health/fitness facilities. Fifty-two health/fitness facility managers responded to the survey. The results indicated that waiver forms were used at all of the health/fitness facilities participating in the study. In addition, there were a total of 28 legal claims filed against the health/fitness facilities (19%, n = 10) for orthopedic injuries that were predominantly settled out of court. The findings suggest that health/fitness facilities should develop and implement comprehensive risk management programs to reduce the risk of injuries and subsequent liability claims.

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Section: Theoretical Background and Purpose Of The Studymentioning

confidence: 99%

An Examination of Waiver Usage and Injury-Related Liability Claims in Health/Fitness Facilities in Australia

Sekendiz

Ammon

Connaughton

2016

Journal of Legal Aspects of Sport

View full text Add to dashboard Cite

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An exploratory study on decision-making processes of fitness training professionals in curating exercise programs

2021

J Mkt Inf Sys

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Fitness training professionals (FTPs) are widely in demand by both commercial fitness centers and individual people. In commercial fitness centers, they serve their clientele in one-to-one personal training sessions and group settings. Despite the widespread reach and demand of these professionals, there is no standardized path to enter Malaysia's fitness industry. The resulting inconsistency of services rendered creates among the biggest concerns for their customers. It is not clear to the public what knowledge and skills are applied when FTPs conduct safe and correct exercises. Furthermore, there is a lack of an integrative framework for studying strategic decisions made in the professional fitness industry. Therefore, this study's main objective is to examine the decision-making processes of FTPs used in curating exercise programs with the use of the Cognitive Continuum Theory (CCT) and the Strategic Decision-Making Model (SDMM). This study attempts to contribute a new framework to study FTPs' decision-making processes. Additionally, this framework may help FTPs promote and justify injury-free physical activity for fitness enthusiasts and the general public.

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Gross Negligence, Inherent Risks, Assumption of Risks: Using Waivers to Protect Fitness Clubs

Cited by 2 publications

References 2 publications

An Examination of Waiver Usage and Injury-Related Liability Claims in Health/Fitness Facilities in Australia

An Examination of Waiver Usage and Injury-Related Liability Claims in Health/Fitness Facilities in Australia

An exploratory study on decision-making processes of fitness training professionals in curating exercise programs

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