Asked to Sign Away Your Rights by the Local Gym? Here’s the Truth About Gym and Fitness Facility Injuries

You’ve probably heard this familiar catch-phrase at one time or another… in fact, they’re the four favorite words of personal trainers, athletic team coaches, and weight loss gurus alike: “No pain, no gain.”

While there is certainly some truth to that old adage, there’s a limit to the level of pain and suffering you should have to experience while trying to get more physically fit – especially if you’re ever seriously injured at a health club, yoga studio, Pilates class, weightroom, gym, YMCA, or similar workout facility.

Quite simply, there are numerous risks that come with working out, playing sports, lifting weights, or using treadmills, stair-steppers, and related gym equipment to get some much-needed exercise. Typical hazards you’ll encounter in these kinds of health facilities include broken or poorly maintained machines, inadequately or improperly trained staff members, and such dangers as slippery floors in restrooms, locker rooms, or other areas of the club. All that might help explain why, as you’ll discover when you sign up for a class or visit a workout facility, the owners often do everything they can to persuade you not to sue them if you do happen to get hurt at the health club through no fault of your own. 

The Dangerous Fallacy of “Liability Waivers”

To protect themselves from legal jeopardy, many gyms and related facilities insist that you sign a document called a “waiver of liability” (sometimes also called a “pre-injury release”) in which you promise not to sue if you’re hurt on their premises. But if a gym owner or health club operator is proved to be negligent, or the personal trainer you trusted with your life turns out to be untrained or causes you to suffer harm by recommending an improper exercise for your age or current physical condition, it’s very likely you have legal grounds to hold them accountable for your injuries, including any medical costs you might incur, wages you might lose if you become unable to work, and even the pain and suffering you’ve experienced due to their actions (or lack of actions if, for example, you slip and fall in a puddle that should have been mopped up hours earlier, or you’re hurt when a defective treadmill experiences a catastrophic failure at high speed while you’re aboard).

And these waivers are almost always many paragraphs long, in type nearly too small to read. For instance, here’s just part of a lengthy waiver of liability that one Michigan-based YMCA requires guests to sign before entering the facility:

“PROGRAM WAIVER OF LIABILITY I am aware and understand that the YMCA of Greater Grand Rapids assumes no responsibility for any injuries, death, illnesses, or contraction of contagious and infectious diseases, including coronavirus disease 2019 (“COVID-19”), which I or my child may sustain as a result of my or my child’s physical condition or resulting from my or my child’s participation in any activities, programs, exercise, or the use of any facility, equipment, or other activities organized or sponsored by the YMCA of Greater Grand Rapids & Affiliates (the “Activities”). I EXPRESSLY ACKNOWLEDGE THAT I ASSUME ANY AND ALL RISK FOR ANY AND ALL INJURIES, DEATH, ILLNESSES, OR CONTRACTION OF CONTAGIOUS AND INFECTIOUS DISEASES, INCLUDING COVID-19, THAT MAY RESULT FROM MY OR MY CHILD’S PHYSICAL CONDITION OR RESULTING FROM MY OR MY CHILD’S PARTICIPATION IN THE ACTIVITIES, WHETHER CAUSED BY THE NEGLIGENCE OF THE YMCA OF GREATER GRAND RAPIDS OR OTHERWISE. In consideration of the privilege of joining, or using the YMCA, I hereby voluntarily waive, discharge and release the YMCA of Greater Grand Rapids & Affiliates, their officers, directors, agents, volunteers, and employees from any and all claims or demands, now known or hereafter known, for any injury, death, loss or damage, including property damage, or contraction of contagious and infectious diseases, including COVID-19, that I or my child may suer arising out of or attributable to the Activities, whether arising out of the negligence of the YMCA of Greater Grand Rapids or otherwise. I covenant not to make or bring any such claim against the YMCA of Greater Grand Rapids & Affiliates, their officers, directors, agents, volunteers, and employees, and forever release and discharge the YMCA of Greater Grand Rapids & Affiliates, their officers, directors, agents, volunteers, and employees from liability under such claims or demands. I understand the YMCA of Greater Grand Rapids is NOT responsible for personal property lost or stolen while members and/or program participants are using YMCA facilities or on YMCA premises. ALL prospective and current YMCA members are screened against a national, state and/or tribal sex offender registry or database. GENERAL This Liability Waiver constitutes the sole and entire agreement of the YMCA of Greater Grand Rapids and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Liability Waiver is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Liability Waiver or invalidate or render unenforceable such term or provision in any other jurisdiction. This Liability Waiver is binding on my estate, heirs, personal representatives, executors, administrators, successors, and assigns, and shall inure to the benefit of the YMCA of Greater Grand Rapids and its respective successors and assigns. All matters arising out of or relating to this Liability Waiver shall be governed by and construed in accordance with the internal laws of the State of Michigan without giving effect to any choice or conflict of law provision or rule (whether of the State of Michigan or any other jurisdiction). Any claim or cause of action arising under this Liability Waiver may be brought only in the federal and state courts located in Kent County, Michigan, and I hereby consent to the exclusive jurisdiction of such courts. BY SIGNING OR CLICKING TO AGREE, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS LIABILITY WAIVER AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE, INCLUDING THE RIGHT TO SUE THE YMCA OF GREATER GRAND RAPIDS AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY.”

Whew! Did you really read all that fine print? We didn’t think so. And you probably wouldn’t take the time to read any of it if you were standing at the front desk of the YMCA hoping to play pickleball or to sign your kids up for a summer day camp, a basketball league, or swimming lessons. That’s what the operators of this type of facility are probably hoping for, just as they most likely believe that if you do happen to get hurt on their premises, you’ll think the liability waiver is a legally binding agreement that prevents you from seeking compensation for their lack of maintenance, inadequate safety protocols, or other issues that contributed to your injuries.

Fortunately, as we explained in an earlier article, liability waivers aren’t bulletproof. In fact, the Michigan Supreme Court has ruled in the past that liability waivers signed by parents on behalf of children don’t preclude the parents from suing if their kids are hurt because it determined that parents can’t sign a contract that limits their child’s legal rights. So if you or your children are injured, or if, as happened at a Michigan high school a few years back, a toddler tragically dies due to someone’s negligence in a school gym, our attorneys can help you determine how to best proceed with a personal injury lawsuit or whether you should file one for wrongful death – even if you’ve had your arm twisted into signing a waiver of liability.

What About Injuries Caused by Defective Gym Equipment?

Many injuries in gyms or health clubs occur when individuals are using exercise equipment. Determining whether the equipment was faulty due to the way it was manufactured… or by how it was maintained … will demand careful analysis, possibly including calling upon expert witnesses familiar with engineering or manufacturing processes, to accurately assign blame in these situations. That’s why you’d be well advised to contact attorneys familiar with product liability laws. For more information, check out this article discussing class action lawsuits, a type of legal action which can be initiated if many people are hurt in the same way by the same defective product, and this one explaining negligence, which might be applicable if, for instance, a gym fails to maintain equipment that results in injuries to as few as one innocent victim.

Of course, it’s best not to get injured at all, so be sure to avoid any equipment that seems sketchy, has broken pedals, worn-out treads, or other damaged parts, or is missing components such as safety guards, has inadequate padding, or displays other obvious problems. Our advice: If a stair-stepper has an “out of order” sign taped to it, it’s probably a good idea simply to step away and use the next machine down the line!

What if You Slip and Fall Because of an 

Icy Entrance or a Wet Floor?

In circumstances where victims suffer personal injuries caused by the negligence of land possessors, property owners, or businesses, Michigan’s premises liability law rules the day. There’s good news, because a recent decision by the state Supreme Court makes it much more likely that people hurt in these situations will be able to receive fair compensation for their pain and suffering. The ruling is complicated, and involves a significant change to how the state previously handled premises liability cases, so rather than explaining it all here, we recommend that you read this recent article which explains in detail the Supreme Court’s updated interpretation of the law. The bottom line is that if you need us, our dedicated premises liability team will be ready, willing and able to help with your case.

If You Do Get Injured at a Gym, We Have More Advice…

Essentially, when you walk into any health club, gym, yoga studio, YMCA, or other similar facility, there’s always a chance you could leave in pain. But if that pain you’re suffering is the result of negligence, poor equipment maintenance, inadequate staff training, or some related cause, pick up the phone and call 855-MIKE-WINS (855-645-3946) immediately. (Of course, if you’re seriously hurt, dial 911 first!) Fill us in on what happened, and we’ll take the necessary steps to help you get all the compensation you deserve. 

Content checked by Mike Morse, personal injury attorney with Mike Morse Injury Law Firm. Mike Morse is the founder of Mike Morse Law Firm, the largest personal injury law firm in Michigan. Since being founded in 1995, Mike Morse Law Firm has grown to over 200 employees, served 40,000 clients, and collected more than $1.5 billion for victims of auto, truck and motorcycle accidents. The main office is in Southfield, MI but you can also find us in Detroit, Sterling Heights and many other locations.

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Asked to Sign Away Your Rights by the Local Gym? Here’s the Truth About Gym and Fitness Facility Injuries

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The personal injury lawyers at Mike Morse Injury Law Firm in Michigan discuss premises liability in gyms and waivers.

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Jonathan Deisenroth

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Mike Morse Injury Law Firm

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