Before enjoying the services offered by gyms and health clubs, you may be asked to sign a liability form. You may feel pressured to sign this form without carefully reading it, or you may just sign it because you’re in a hurry and you’d like to join the establishment as a member.
But if you sign it, what happens if you get injured at the establishment? Click here for our latest blog on gym injuries. Is the establishment then legally responsible for your injury? Are you signing away your right to seek legal action if you become injured as a result of their equipment or on their premises?
These are questions to consider carefully before signing on the dotted line.
Should I Sign A Liability Waiver?
A waiver of liability is not only common in certain establishments, but they’re also common when parents sign their kids up for sports and other recreational activities.
According to the liability form, you’re agreeing that, in the event that you or your child becomes injured, you’ll give up your legal rights to hold the establishment responsible for the injury.
The form has the power to limit the liability of an establishment or eliminate it completely. With all of this said, in the event that you become injured, you may still be entitled to fight the establishment where you became injured.
The only way to know for sure if you have a case is to meet with an experienced attorney who will evaluate your personal circumstances and situation. An attorney can evaluate the liability form that you signed to help determine whether or not the form is valid and therefore legally binding.
Will I Lose My Rights If I Sign A Liability Form?
You should never just sign any legally binding document without carefully reading it through. You have no idea what you’re signing.
Even if you’re in a rush, taking the time to think things through before signing could save you from hassle and stress later in the event that you find yourself stuck in a legally binding situation you did not foresee.
Typically, people do not imagine they’ll become injured. No one expects the worst to happen, especially if you’re excited to start a new “get healthy” routine like joining a gym or health club. One of the rights that you may be forfeiting is the 7th Amendment Constitutional right to a jury.
What To Do If You Were Injured
You’ll want to find out if the contract that you signed was in fact legally binding by challenging the validity of the form. There are a few ways to challenge the form’s validity.
In fact, the content and formatting of the form could invalidate it as a legal document. For instance, a liability form must be easy to read. And the form must legally identify the parties released from legal responsibility in the event that you’re injured.
Fraudulent marketing literature could be investigated and the possibility of gross negligence would be taken into consideration. If the form that you signed does not meet key legal requirements, you may have a case and you may find that it’s challenge-able. If the writing is deemed “unconscionable,” you could have a case.
If you’ve suffered an injury in New York City after signing a liability form, the only way to know if you have a case against an establishment is to consult with an attorney. To learn more and to request a consultation with the law office of Banville Law, contact us today.