Fitness Waiver
A waiver is a legal document which protects someone who wants to reduce their risk of liability.
4.8 (27 reviews)
Last updated December 20, 2024
Under 5 minutes
Suitable for Australia
Written by
Edwin Montoya Zorrilla
Reviewed by
Damin Murdock
Document Overview
A waiver is a legal document which protects someone who wants to reduce their risk of liability. Reducing liability is important for businesses, especially those that facilitate risk-related activities.
As a fitness instructor, it is feasible that accidents or injuries may occur while customers are participating. A fitness waiver is a specific agreement between the customers and the fitness provider whereby the client will give up their ability to sue if any injuries, damage or loss were to occur. The document will also outline the risks associated with your fitness services. These risks must be acknowledged and accepted by customers prior to commencing.
It’s important to remember that there are some exceptions to the release of liability. You won't be protected by a waiver if an incident is caused by some forms of negligence or misconduct on behalf of your business. It is highly recommended that all waivers be reviewed by a lawyer.
The Legal Risk Score of a Fitness Waiver Template
Our legal team have marked this document as low risk considering:
- Participants waive their rights to hold the organization liable for any injuries, damages, or death that may occur during activities, except in cases of gross negligence or intentional misconduct.
- The waiver applies to all potential legal claims, including those in tort, contract, and equity, essentially preventing participants from seeking legal recourse for a broad range of issues that might arise from their participation.
- The document’s provisions are heavily in favor of the organization, as it places the responsibility of assessing safety and health conditions on the participant, who must decide when to discontinue participation if conditions seem unsafe.
Fitness Waiver Checklist
Complete your free Fitness Waiver with our checklist
Ensure Proper Understanding and Agreement
Before signing, make sure all parties have read and fully understood the terms of the waiver, acknowledging the risks and limitations of liability involved.
Secure All Necessary Signatures
Obtain signatures from all relevant parties to ensure the document is legally binding and recognized by all involved.
Review by Legal Counsel
Have the document reviewed by a lawyer to ensure that it complies with applicable laws and that all parties' interests are adequately protected.
Maintain Records
Keep a copy of the signed document for your records and provide all other parties with a copy to ensure that everyone retains proof of the agreement and its terms.
Use this Fitness Waiver if:
- You want to protect your fitness business from liability and potential lawsuits.
- You want your customers to fully understand the risks of participating in your fitness services.
What does this Fitness Waiver cover?
- Release of liability
- Negligence and misconduct
- Acknowledgement of risk
- Acknowledgment of physical condition
- Acceptance of terms
Further information:
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