PHLY Waiver Saver General Recommendations
**NOTE: Separate legal counsel licensed in the jurisdiction where the release will be used should ALWAYS be consulted for state specific
issues that may require additional consideration**
- The release, if possible, should be in a separate document. If it is in a contract (such as a health club membership agreement) it should
be in at least as large print as the rest of the document, and set off with a heading in large bold print. It is also a good idea to reference
the release immediately above the signature line in large, bold print. Something like "WAIVER & RELEASE OF LIABILITY --
THIS MEMBERSHIP AGREEMENT CONTAINS A WAIVER & RELEASE OF LIABILITY AND INDEMNITY AGREEMENT IN
SECTION "IV" ON THE REVERSE SIDE OF THIS DOCUMENT TO WHICH YOU WILL BE BOUND, AND UNDER WHICH YOU WILL
BE WAIVING IMPORTANT LEGAL RIGHTS. DO NOT SIGN THIS AG REEMENT BEFORE YOU READ IT." It is also wise to require that
the release paragraph be separately initialed. This goes to the conspicuousness issue.
- It should be in plain enough language that it can be understood by a layperson. It should clearly inform the reader that he or she is
waiving any claim for personal injuries, including those arising out of the negligence of the releasee, its employees, agents, owners, etc.
- The release should expressly exclude from the release claims for gross negligence, recklessness, and intentional acts.
- The release on the one hand, and the express assumption of risk on the other, while having similar language, should be distinct
sentences so that it is clear that the releasor is both releasing/waiving claims and assuming the risk. This is important where someone
other than the individual signing the release may assert a claim, such as a wrongful death or loss of consortium claim.
- It should be signed by every potential plaintiff. While cases are usually won where the release was signed by someone other than the
plaintiff, it can throw a wrench into what would otherwise be a straightforward defense. So in the event that one individual is buying a
membership for another, a family membership, etc., each individual member should be required to sign a release before using the facility.
- It is recommended to have the release in the primary language of the signor.
- There are other items that should also be considered for inclusion such as addressing potential product claims, use of likeness issues,
provision of medical care, etc.
- Be sure to have releases pertaining to minors signed by parent or guardian, and be sure language of the release pertains to the minor.
- Be sure to list all applicable releasees, including the club as well as its owners, officers, directors, administrators, employees and agents.
Health Club Recommended Waiver Agreement Phrases
- "The Club recommends that you seek the advice of your physician before commencing any exercise routine".
- "The member assumes any and all risks of injury associated with or in any manner related to his or her use of or presence upon the
health club premises, including injury resulting from the negligence of the health club or its employees".
- "The member assumes any and all risks of injury associated with or in any manner related to his or her use of any exercise equipment
(including, but not limited to, treadmills, weight machines, free weights, stair climbing machines, swimming pools, etc.) located within
the club’s facilities".
- "This waiver applies regardless of whether you are using exercise equipment at the time of the injury or whether your injury occurs as
a result of your presence upon the premises regardless of purpose or activity at the time of the injury-causing incident".
- "Member agrees and covenants not to sue or otherwise attempt to hold the club liable for any injuries regardless of the cause".
- "Member agrees to release, indemnify and hold the club harmless against any and all claims arising out of the member’s presence
upon the club’s premises, including the use of the premises by any family member or guest of the club member regardless of cause".
- "This waiver and release agreement is intended to be as broad as is allowed under applicable law and applies to any and all claims for
damages, regardless of whether they are allegedly caused by the negligence of the club or its employees".
- "This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) your use of any exercise
equipment or facilities which may malfunction or break, (b) the club's improper maintenance of any exercise equipment or facilities, (c)
the club's negligent instruction or supervision, including personal training, and (d) you slipping and falling while at the facility or on any
portion of the premises for any reason, including Club's negligent inspection or maintenance of its facility."
SAMPLE Health Club Waiver and Release Agreement
Amateur Sport Recommended Waiver Agreement Phrases
- "It is recommended that you seek the advice of your physician before commencing any exercise routine".
- "The participant assumes any and all risks of injury associated with or in any manner related to his or her use of or presence at any premises, use of any equipment, or participation in any sport, function or activity in any way related to membership, including injury resulting from the negligence of any party."
- "This waiver applies regardless of whether you are participating in any league practice, scrimmage, game or function at the time of the injury, or whether your injury occurs as a result of your presence upon the premises regardless of purpose or activity at the time of the injury-causing incident".
- "This waiver and release agreement is intended to be as broad as is allowed under applicable law and applies to any and all claims for damages, regardless of whether they are allegedly caused by the negligence of the league, a team, or their officers, directors,
administrators, employees and agents."
SAMPLE Amateur Sport Waiver and Release Agreement