Does a Signed Release Protect a Fitness Club From Members’ Injuries?

            Many of us belong to or intend to join exercise facilities like fitness clubs. Most clubs if not all require new members to sign a Release of Liability sometimes known as a Release of Claims before joining. Does that protect the club should you have an injury and sue? Glad you asked.

Trip and Fall in the Sauna

            On May 1, 2017, Mansi Joshi entered the sauna at City Sports Club in San Jose owned by Fitness International (Fitness). When she closed the door, she realized the interior lightbulb had burnt out as it was completely dark. In trying to seat herself on the upper level, she fell into the heating unit and was badly burned.

            Joshi sued Fitness. Fitness claimed no responsibility because Joshi had signed a Release of Liability, and further as it had no prior knowledge of the burnt-out lightbulb it was not liable for gross negligence or premises liability.

Does a Release of Liability Work to Block Recovery?

            Joshi signed a membership agreement with Fitness that included a “Release and Waiver of Liability and Indemnity.” It purported to cover “accidental injuries occurring in dressing rooms, showers, and other facilities.” Of course, the release went on for several pages. It was signed by Joshi who understood it was a release and not a mere membership agreement which is important under the law.

            Generally, a well drafted release protects from negligence claims unless signing the release “impairs the public interest.” Releases relating to exercise facilities or recreational sports are generally deemed not to impair the public interest, thus they are generally enforceable. Strike one against Joshi.

Plaintiff’s Gross Negligence Claim

            Joshi also sued for gross negligence which is often described as a “want of even scant care” or “an extreme departure from the ordinary standard of conduct”. Was Fitness grossly negligent because the lightbulb was burned out? Gross negligence cannot be released in a signed  Release.

            Fitness presented evidence that the sauna had been regularly inspected and maintained, and Joshi presented no evidence that Fitness was aware that the lightbulb was burned out when the incident occurred. Without prior knowledge Fitness was not guilty of gross negligence.

            Joshi’s claim of premises liability likewise failed because Fitness was unaware of the burnt-out lightbulb. If Fitness had knowledge of the burnt-out lightbulb but failed to replace the bulb, it likely would have been found liable.

            Mansi Joshi loses, Fitness International prevails. The lesson for recreational businesses is to maintain the premises and if possible, have members sign a comprehensive Release of Liability. Make sure the parties signing the document knows it is a release and not merely a membership agreement or sign-up sheet.

            Jim Porter is a retired attorney from the Porter Simon law firm. These are Jim’s personal opinions. Porter Simon has offices in Truckee, California and Reno, Nevada. Porter Simon’s practice areas include:  real estate, development, construction, business, HOA’s, contracts, family law, personal injury, accidents, mediation and other transactional matters. Jim may be reached at jameslporterjr@gmail.com. Like Porter Simon on Facebook. ©2024