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Greetings. I'm not sure whether this question should be on this board, so let me know if I've gone astray. Here's my question. The gym I was planning to join until I read the contract has an onerous disclaimer of liability. The relevant paragraph reads:
"In consideration of being allowed to participate in the fitness activities and weight-loss programs of Gym and to use its facilities, equipment, machinery, and mats, subject only to the statutory rights and implied warranties which cannot be excluded, I do hereby waive, release and forever discharge Gym and their officers, affiliates, subsidiaries, agents, employees, representatives, executors and all others from any and all responsibilities or liabilities from injuries or damages arising out of or connected with my attendance and/or participation at Gym, including my participation in all fitness and weight-loss activities, my use of equipment and/or machinery, passive, or active, any omission or commission, including any liability arising the from [typo in original] negligence of a Gym representative."
[The next paragraph goes on to make gym members liable for exactly the things for which the first paragraph makes the gym not liable, but that’s a discussion for a different day.]
It seems grossly unfair to me that the gym disclaims liability for its own negligence, but my question is whether this would hold up in a lawsuit if I were injured due to the gym's negligence. There are some weasel words ("subject only to the statutory rights and implied warranties which cannot be excluded") that make me think they know they're reaching for the stars. What is the reality? What does statutory rights and implied warranties mean? Also, as a topic for general discussion, what as a society can we do to limit this kind of anti-consumer overreach? NB: I live in California. Thanks much. --Dan
"In consideration of being allowed to participate in the fitness activities and weight-loss programs of Gym and to use its facilities, equipment, machinery, and mats, subject only to the statutory rights and implied warranties which cannot be excluded, I do hereby waive, release and forever discharge Gym and their officers, affiliates, subsidiaries, agents, employees, representatives, executors and all others from any and all responsibilities or liabilities from injuries or damages arising out of or connected with my attendance and/or participation at Gym, including my participation in all fitness and weight-loss activities, my use of equipment and/or machinery, passive, or active, any omission or commission, including any liability arising the from [typo in original] negligence of a Gym representative."
[The next paragraph goes on to make gym members liable for exactly the things for which the first paragraph makes the gym not liable, but that’s a discussion for a different day.]
It seems grossly unfair to me that the gym disclaims liability for its own negligence, but my question is whether this would hold up in a lawsuit if I were injured due to the gym's negligence. There are some weasel words ("subject only to the statutory rights and implied warranties which cannot be excluded") that make me think they know they're reaching for the stars. What is the reality? What does statutory rights and implied warranties mean? Also, as a topic for general discussion, what as a society can we do to limit this kind of anti-consumer overreach? NB: I live in California. Thanks much. --Dan
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