Fitness center liability waiver
A fitness center requires members to absolve it of all responsibility for anything that goes wrong on the premises (both the contract and a waiver say this; see text below). When I pointed out that an accident might due to malfunctioning equipment, etc., the owner assured me that if the mishap were demonstrably the center’s fault, the contract and waiver would not stand up in court and would not prevent me from suing them.
My question: Is she correct? Does it make sense to sign such a contract and waiver, absolving them of all responsibility? The other factor is that this center is uniquely suited to my wife who has had a stroke. We both want to take advantage of it.
In the waiver, one agrees to ”release, waive and discharge, and to indemnify and hold harmless [center] and its employees and affiliates from all loss, expense and liability for injury, death or damages to the person or property of the undersigned while using [center]‘s facilities.”
The contract states: ”I am hearby waiving and releasing [center] from and against any and all claims, costs, liabilities, and injuries incurred while on these premises.”