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Thread: Hot box waivers

  1. #11

    Array

    School
    10th Planet Fort Lauderdale Hotbox!
    Location
    Boca Raton, Florida
    Posts
    1,081
    Quote Originally Posted by JonScottND View Post
    Waivers don't do shit really, A waiver regardless of what it says cant stop anyone from taking you to court thus incurring the expenses of the legal system. They are also easily over turned in court if a person can demonstrate that the place did not provide a safe environment.(thats some pretty lose terms, think about it.. What we practiced your honor? Oh uh, how to break someones arm sir.. What training do I have to teach this? Well sir.. I watched some shit on the internet..) You want to cover really cover your ass id suggest insurance.
    A properly written waiver would specifically include a provision which exculpates the gym for any negligence, which would include any failure to provide a safe environment. In fact, for sports like ours where you are obviously at risk of being injured just by participating, the law provides what's called "Implied Assumption of the Risk", which is a defense that the gym could invoke which basically says that by participating in the activity, you are knowingly accepting the fact that you could potentially be injured, and therefore you can't sue in tort when those injuries occur. However, in that situation, negligence on the part of the gym or the instructors (agents of the gym) becomes actionable IF there is no waiver signed. But again, a waiver that doesn't cover negligence is basically useless.

  2. #12

    Array

    School
    BJJ FUCK YOU TEAM
    Location
    New Orleans, Louisiana
    Posts
    109
    Thanks "Gumby" good info . I have a purple belt coming give a seminar ,you ever in New Orleans hit me up!

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