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PROTECTPRO YOURSELF


Are waivers important for fi tness professionals? Absolutely.


A recent British Columbia Court BY GARY W. PITTS


A waiver, sometimes called a contract between participant and service provider, can be an effective method to prevent the participant/ signatory from suing even in a case of negligence.


protect an organization from liab ity for serious injuries or even death.


A


hat is understood and signed by participants) can prohibits waivers for bodily injuries.)


In the B.C. case, two participants were injured when they collided on a zip line. They sued the adventure company, which admitted that a negligent employee had caused the ac- cident. The B.C. Supreme Court held that the injured parties 1. The design, format and content of


Keep these points in mind when


you are discussing your waivers with your lawyer:


had read and signed the waiver and that both understood the waiver should be clear and written


by your lawyer to specifically describe the inherent risks associated with your activityor event.


they would be waiving their rights to sue. Moreover, the Court in plain language.


stated that these kinds of waivers are in widespread use and 2. The docum nt shou d be worded


that there is a long and well-established line of legal authority upholding them. Since 1985 there have been many lawsuits involving skiing, diving, rafting and adventure sports. The message is clear: A waiver is one of the best risk man-


agement tools available to personal trainers and fi tness club owners. (Note: In Quebec, the Quebec Consumer Protection Act prohibits waivers for bodily injuries.)


26 Fitness Business Canada September/October 2012


of Appeal decision has once again af- firmed that a properly drafted waiver (that is understood and signed by par- ticipants) can protect an organization from liability for serious injuries or even death. In the B.C. case, two participants


were injured when they collided on a zip line. They sued the adventure company, which admitted that a neg- ligent employee had caused the ac- cident. The B.C. Supreme Court held that the injured parties had read and signed the waiver and that both un- derstood they would be waiving their rights to sue. Moreover, the Court stated that these kinds of waivers are in widespread use and that there is a long and well-established line of legal authority upholding them. Since 1985 there have been many lawsuits involv- ing skiing, diving, water rafting and adventure sports. The message is clear: A waiver is one of the best risk management tools re acveanit Blabrlie to personal trainers and fit- oness club owners. (Note:In Quebec,


Are waivers important for fitness professionals? Absolutely.


3. You may need more than one


waiver. Very specific kinds of waivers with very specific wording are becom- ing more prevalent, e.g., participant waivers, guest waivers, event waivers. 4. You can help your lawyer, who


may have little real knowledge of your business activities, to clarify and de- scribe the risks associated with your business. 5.


Remember that in cases of


doubtthe Court will side against the person who has written the waiver and in favour of the participant/signer. SIDEBAR: A waiver, sometimes also called a re-


lease, is a contract between a partici- pant and service provider by which the participant agrees not to pursue legal action. An effective waiver pre- vents the participant/signer from su- ing, even in cases of negligence.


tish Columbia Cou t of Appeal decision has ce again affi rmed that a prop rly drafted waiver (t the Quebec Consumer Protection Act


Gary W. Pitts is an Ottawa-based sports and risk management lawyer. Contact him at gary. pitts@rogers.com. ###


Keep these points in mind when you are discussing your


waivers with your lawyer: 1. The design, format and content of the waiver should be


clear and in plain language. 2. The document should be worded by your lawyer to


specifi cally describe the inherent risks associated with your activity or event. 3. More than one waiver may be needed. Participant,


Guest and Special Event waivers are examples that are becoming more prevalent. 4. You can help your lawyer, who may have little


real knowledge of your business activities, to clarify and describe the risks associated with your business. 5. Remember, in cases of doubt the Court will usually side in favour of the participant/signatory. FBC


Gary W. Pitts is an Ottawa-based sports and risk management lawyer. Contact him at gary.pitts@rogers.com.


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