You got hurt at the gym. It's not just a common workout injury, like a pulled muscle from running too fast or lifting too much. You believe the gym was negligent. Perhaps there was a wet spot on the stairs and you slipped and fell, or perhaps the employees did not do proper maintenance on the equipment and it broke while you were using it.
The one thing holding you back from instantly suing for your medical bills and other damages is that you did sign a waiver when you joined the gym. You figured it meant typical workout injuries couldn't lead to lawsuits; a gym being what it is, you thought that made sense. But now the owner of the gym says that the waiver means they're not liable no matter how you got hurt.
Will It Hold Up?
You obviously agree that you signed the waiver and you know that it offers the gym some protection, but what you're wondering is if that agreement will even hold up in court. What are some reasons that a contract may not be enforceable?
You did not even realize that what you were signing was a waiver. They tricked you by telling you it was something else, got your signature and filed it away without your consent. Not only did you not sign voluntarily, but you think they committed fraud.
You knew it was a waiver, but you were led to believe that it didn't do what it actually does. For instance, you thought it only applied to liability for workout injuries, not negligence, and you never would have signed otherwise.
The contract is wildly unfair, and not in your favor. It absolves the gym of guilt when they clearly put you in harm's way and showed no regard for your safety -- or for the safety of others. It is an inherently unfair deal that was slanted heavily against you, even though you did not fully understand that at the time.
Fighting the Waiver
These are just three examples, but they help to show that you do have options. Not all contracts and waivers hold up in court. If you were injured, you must know all of your legal options to seek financial compensation.
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