When you join a health club, you often have to sign a “waiver” form that says you can’t sue the club for injuries you might suffer on the premises. But in a recent case, the Wisconsin Court of Appeals said a health club’s waiver was so extreme that it had to be thrown out entirely, allowing a member to seek compensation.
Ron Brooten claimed he was hurt when a weight bench collapsed while he was performing a bench press. He sued the club, claiming that its employees had carelessly assembled the bench.
The health club said it couldn’t be sued because of the waiver.
But the court looked closely at the fine print of the waiver form, and said it was so outrageous that it had to be tossed out. That’s because the form said that Brooten could never sue anyone for any harm at the gym, even if someone deliberately injured him. It also said that if someone else sued the health club or its employees for any harm arising from Brooten’s participation in an activity, then Brooten automatically had to pay for everyone’s legal defense as well as any court award or settlement.
That’s going too far, the court said. It threw out the waiver form and allowed Brooten to sue.
