As every Box owner knows, CrossFit is a strenuous and sometimes risky sport. Usually through no fault of the Box owner, members and guests sometimes are injured when working out and, in limited circumstances, can suffer bodily harm while being merely on the premises due to unforeseen circumstances.
Due to the potential liability that a Box owner can incur for individual injuries, valid and legally enforceable liability waiver provisions should be part of any Box guest waiver — for ‘drop-ins’ and those individuals that are trying the Box for the first time — and membership contract. To that effect, the following are some issues that should be addressed and included in any document that deals with release of liability and assumption of risk as it relates to a Box’s athlete.
As many Box owners know, most folks don’t read the waiver carefully. So as to preclude any subsequent assertion by the injured party, include the following at the top of the document: “THIS IS A LEGAL DOCUMENT. YOU SHOULD READ IT CAREFULLY.” Also, the following provision should be contained in the document as a separate paragraph in bold and capital letters:
“I HAVE BEEN GIVEN THE OPPORTUNITY TO CAREFULLY READ THIS RELEASE FROM LIABILITY AND ASSUMPTION OF RISK DOCUMENT. WHETHER OR NOT I ELECT TO DO SO IS MY RESPONSIBILITY AND DECISION AND SHALL NOT AFFECT THE VALIDITY OF THIS AGREEMENT, AND TO THAT EFFECT I INTEND IN ALL CIRCUMSTANCES AS NOTED HEREIN FOR IT TO BE LEGALLY BINDING FOR ANY AND ALL PARTICPATION THAT I MAY HAVE AT THE [BOX] FOR ANY AND ALL PROGRAMS AND WORKOUTS WHETHER NOW OF HEREINAFTER AT ANY TIME.”
Other issues that are overlooked include making sure the athlete dates it, the document itself is retained by the Box owner — a copy can be given to athlete if requested — making sure it is in a typed, easily readable format, and the legal and trading name of the Box (if applicable) is included as the contracting party.
To strengthen the protection created by the release and waiver of not only the Box itself but also its owners, Coaches and other parties, language similar to the below should be considered:
“FOR AN IN CONSIDERATION OF PERMITTING ME TO PARTICIPATE IN THE PROGRAM, AND INTERACT WITH THE TRAINERS AND FACILITY OF [Box], I, FOR MYSELF AND FOR MY HEIRS, BENEFICIARIES, EXECUTORS, SUCCESSORS AND ASSIGNS, HEREBY RELEASE AND FOREVER DISCHARGE [Box], ITS OWNERS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, INDEPENDENT CONTRACTORS, AGENTS, ATTORNEYS, VOLUNTEERS, INSURERS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, “[Box] PARTIES”), FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES, LOSSES, LIABILITIES, RIGHTS, ACTIONS, CAUSES OF ACTION, EXPENSES, AND SUITS OF ANY KIND WHATSOEVER, FORESEEN OR UNFORESEEN, FOR PERSONAL INJURY, WRONGFUL DEATH, DAMAGE TO PROPERTY, OR OTHERWISE RESULTING FROM MY PARTICIPATION IN ANY WORKOUT AND/OR THE ACTS OR OMISSIONS OF THE [Box] PARTIES, INCLUDING ANY AND ALL NEGLIGENT ACTS, WHETHER ACTIVE OR PASSIVE, IRRESPECTIVE OR WHETHER SUCH INJURIES, DEATH OR DAMAGES OCCUR PRIOR TO, DURING OR AFTER THE PROGRAM.”
Even though all Boxes have personal and property liability insurance, a properly executed release of liability and assumption of risk agreement can help minimize and decrease the risk of the Box and its owners from lawsuits brought by an athlete that is hurt while on or around the Box premises. We all are excited when a new person comes to visit or joins our Box, but don’t let that excitement turn into a nightmare because you didn’t take the time to have a release and waiver agreement properly drafted and signed.
This literature has been developed by Del Duca Law Offices to provide general information about the topic discussed. The information discussed is not intended to create, and do not create, an attorney-client relationship or representation regarding any potential engagement. Readers should not act upon these materials without seeking professional counsel.
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