A Waiver of Liability is more important than ever : it ’ s your number one defence against getting sued and being held liable .
Unless it is customised and professionally drafted , there is a high likelihood that your waiver will be unenforceable , which defeats the purpose of having one in the first place . Here ' s an analogy . Imagine I ' m hiking Mount Everest . I ' m a size 12 shoe . The hike goes great because I ' m prepared with the proper equipment for my weight and size .
After , you decide to hike Everest , too . You ' re a size 8 shoe , and think you can just wear mine because they ' re just shoes after all , and what ' s a few sizes difference ?
So what happens ? Disaster . You can barely make it a few miles because snow is getting in your shoes , your toes are freezing , your heels are blistering and you can ' t grip the ground . You turn back , defeated , having learnt a lesson the painful way : you need shoes that fit your exact requirements . The same goes for legal contracts .
If you do not address the unique nuances , relationships and agreements specific to your business , you are entering dangerous territory .
It may be tempting to save money on a generic or DIY Waiver ( or any legal contract for that matter .) And maybe you ' ve heard other people in your industry do the whole copy and paste thing . However , it won ' t protect you in litigation ( or avoiding litigation ) which costs multiple thousands of dollars .
Doing the due diligence to spend a little upfront to ensure you are protected with proper legal documents is well worth the investment .
The 4 Key Requirements
To be effective , a waiver needs to meet four key requirements . It must be :
• Clear
• Unambiguous
• Unequivocal
• Specific
1 . Clearly define the activity you and your client will participate in : what is your role in this activity and what does the activity entail ?
2 . Communicate the risks : be open and honest in your communication , including what can go wrong in the course of the activity .
3 . Client makes a choice : does the client understand the risks
WANT MORE ?
Want more info on what to include in your waiver of liability ?
Watch this short video of Cory explaining the key points in a waiver and
click here to download the free chapter on waivers from The Yoga Law Book ( also applicable to the fitness industry )
involved and voluntarily agree to engage in the activity ?
4 . Client signature : have the client sign the waiver to waive future claims and release you from liability .
The key is to be open , honest , and clear . A waiver will not protect your business if it contains ambiguous terms .
Cory Sterling The founder of law firm Conscious Counsel , Cory is a lawyer , small business owner , group fitness instructor and yoga teacher . Conscious Counsel specialises in working with fitness and wellness businesses around the globe , including in Australasia .
42 | NETWORK SPRING 2021