“Georgia Gym Liability: Navigating Enforceability of Waivers for Insurance Carriers"

Swift Currie attorney Amber O’Connell authored an article for the Daily Report highlighting the importance of liability waivers for legal risk management tool for gyms, especially in Georgia.

Gyms must uphold strict compliance with the Health Spa provisions of the Fair Business Practices Act when drafting their waiver contract to ensure that it is valid and enforceable. O’Connell provided guidance specific elements required by the Consumer Protection Division, which include: specific formation, rules and regulations of consumer use, required healthy warning, and ensuring the consumer has a copy of the document.

“While compliance is the foundation, a liability waiver’s enforceability is also governed by Georgia common law. A waiver is only effective if its language and presentation are sound. Georgia law is clear that a waiver can only protect against claims of ordinary negligence; it will not shield against claims of gross negligence or willful misconduct,” said O'Connell.

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