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Garfield Esq  
#1 Posted : 02 May 2014 05:21:36(UTC)
Rank: Super forum user
Garfield Esq

We have a number of locations in UK and Ireland where we have a selection of gym equipment provided for general use. All equipment is checked and tested in line with manufacturer instructions and we have EL cover in place. The question of users signing a liability disclaimer has been asked, basically an indemnity clause to protect the company should an injury occur during use and confirmation of medical fitness, Could a disclaimer hold water legally? The equipment is popular, however there is a risk. Any views?
simplesafety  
#2 Posted : 02 May 2014 09:01:36(UTC)
Rank: Forum user
simplesafety

Agree there is a liability risk, I know nothing about disclaimers so cant comment. Speak with your insurance provider and ask what they would like to see. I imagine they would want you to approach this like a normal gym would, who see the gym equipment as machinery - providing an induction and basic training on operation before use, and probably a medical questionnaire type thing. are these gyms supervised by a gym instructor / trainer? or simply a room with some equipment?
A Kurdziel  
#3 Posted : 02 May 2014 09:26:00(UTC)
Rank: Super forum user
A Kurdziel

Disclaimers are generally not worth the paper they are printed on. If a claim is made, the courts will be interested in what is actually going on, on the ground, not written down on a piece of paper. You cannot be made to sign away any of your rights. So it is down to making sure that all the appropriate systems are in place to manage the gym .
Ron Hunter  
#4 Posted : 02 May 2014 15:54:48(UTC)
Rank: Super forum user
Ron Hunter

Is such activity not outwith the scope of ECLI?
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