The Wisconsin Supreme Court has ruled that a boy can sue a health club over his mother's death in its pool because the waiver form she signed before going for a swim was invalid and did not grant the club immunity, the Associated Press reports.
The court ruled the waiver form was invalid because it was so broad that it did not properly notify the victim that she was releasing others from liability for intentional as well as negligent acts. The court also held the form served two purposes, a guest registration and a liability waiver. Because of that, the victim was not fully notified about the significance of the document she signed.
Finally, the justices ruled the form did not offer the victim an alternative to signing it. The court found that such a waiver must allow signees an opportunity to bargain for another option for such releases to be valid under state law.
This case serves as a reminder to club operators across the country of the importance of a clear and well-crafted waiver of liability.
President Bush recently signed a law that will allow employers to store Employment Eligibility Verification (I-9) Forms electronically. The Department of Homeland Security is developing regulations to implement the new law, and employers should be able to take advantage of this new option by April 2005.
Federal law requires employers to fill out an I-9 form for each new hire to verify the individual's eligibility to work in the United States. Employers must keep forms on file for three years or a year after the employee leaves work, whichever is later.
Current rules require employers to store I-9 forms in their original form or on microfilm or microfiche. Many employers will find it easier to store and transmit I-9s using a computer.
IHRSA's legislative alerts, previously available only via fax, can now be delivered to your e-mail inbox!
Legislative alerts keep club operators apprised of key measures that could affect their businesses. They include bill summaries, contact information for key lawmakers, advised action steps, and more.
Many e-mail alerts also include links to sample letters that can be easily and quickly personalized and sent electronically to committee members who will vote on key legislation.
To ensure that IHRSA has your current e-mail address for prompt delivery of legislative alerts, please send your name, club name, address, and preferred e-mail address to gr@ihrsa.org. If you would like to receive alerts for all 50 states, or would like to add a member of your staff to the alert list, please indicate this in your message.
State Legislative Updates
Connecticut: SB 394, which would repeal the sales tax on health club services, has been introduced.
Maine: SB 92, which would provide an exception to the law prohibiting discrimination in places of public accommodation to permit a fitness center to provide facilities and services exclusively to persons of one sex, has been referred to the Judiciary Committee.
Missouri: HB 256, which would repeal the sales tax on health club memberships, has been introduced.
New York: HB 1106, which would prohibit the use of a video mobile telephone within the premises of a health club and the dissemination of images so derived, has been referred to the Assembly Committee on Codes.
