Know Your Rights When Signing Commercial Gym Contracts
In 2015, there were 36,180 registered gyms located throughout the United States. Perhaps you were a member of one or looking to join another. At the beginning of every year, gyms scramble to get people to sign contracts the second they walk through the door. Before you fork over your hard-earned cash, make sure you know your rights as a consumer so you can identify which rights a gym is asking you to sign away in those contracts.
General Tips
Before you sign on the dotted line, do some research on the gym you want to join. Here are some questions you should know the answer to:
- Is the gym accredited with the Better Business Bureau here in Georgia?
- Have there been any complaints or lawsuits filed against the gym in the last three years?
- Will the gym send you a contract via email so you can read it thoroughly before you sign it? Gyms typically won’t do this, but it doesn’t hurt to ask. If a gym does email it, that’s a good sign it isn’t hiding anything from you.
- Is there an auto-renewal policy?
- How can you cancel your contract? Most gyms require members to mail or email notice to the corporate office. Be sure to read the contract to see if you will be forced to pay for the remainder of your contract if you cancel it early.
Liability Waivers
A waiver is the forfeit or surrender of claims, rights, or privileges. In exchange for participating in activities as a gym member, you forfeit (certain) rights to sue the gym or trainer. Essentially, this means you promise not to sue the facility for the dangers associated with the activities detailed in the liability waiver. The gym also promises that you will not be injured from the equipment you will use.
Below are some things to consider before you sign a gym contract:
- You will waive typical negligence claims but still retain the right to sue for gross negligence (intentional) or negligent security.
- Will the gym be liable for premise liability associated with its equipment and staff?
- You will likely sign a model release form. If you sign it, the gym will be able to take pictures of you and use them as it wishes.
If you signed a liability waiver at the gym where you were injured, you will want an attorney to investigate the incident and determine whether the waiver is valid and whether there are any ways to get around the waiver. For example, Georgia case law has established that liability waivers are invalid insofar as they purport to waive liability for gross negligence. Many times a jury must decide whether the negligence which caused an injury is “gross.” See McFann v. Sky Warriors, Inc., 268 Ga. App. 750, 758 (2004) and Trustees of Trinity College v. Ferris, 228 Ga. App. 476, 477 (1997) (“[w]hen facts alleged as gross negligence are such that there is room for difference of opinion between reasonable men as to whether or not negligence can be inferred, and if so whether in degree the negligence amounts to gross negligence, the right to draw the inference is within the exclusive province of the jury”).
A key fact in all Georgia cases affirming the grant of summary judgment to Defendants based on liability waivers has been that in each of those cases the waivers contained specific language that relieved the Defendant of liability for negligence. In Georgia, exculpatory clauses must be “explicit, prominent, clear and unambiguous.” Holmes v. Clear Channel Outdoor, Inc., 284 Ga. App. 474, 477 (2007). Any ambiguities in exculpatory clauses are construed against the drafter. Id. If the “Waiver of Liability” at issue in your claim does not mention negligence, it may not bar your claims.
The Three-Business-Day Refund Rule
What happens if you sign a gym contract but get buyer’s remorse quickly thereafter? Don’t worry. You have three business days to tell an employee, generally the front desk manager, that you changed your mind and want a refund. By law, the gym is required to refund your money within 10 business days.
Answers to Your Gym Contract Questions
To protect your rights as a consumer, keep the foregoing tips in mind as you decide whether to join a Georgia gym. If you sign a contract, make sure to get a signed copy. If you need help or have questions, call the Atlanta area trial lawyers at Williams Elleby Howard & Easter at 833 – LEGALGA for a free consultation.
