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So you're looking to run your own bootcamp and you're wondering if you need to ask your customers to sign a waiver? Chances are, you've signed many waivers before, for things like sports, camps, travelling and various other recreational activities. Bootcamps are no exception, and the reality is that injuries and accidents can happen.
A bootcamp waiver offers a peace of mind and protection for the business, and transparency to the participants by informing them of the risks to the activity. Let's take a closer look.
A bootcamp waiver is a legal document – basically an agreement between the bootcamp business and its participants. It protects the business by:
Signing a waiver is a standard practice across recreational activities, including bootcamp, where there are potential risks of injuries involved.
You should use a bootcamp waiver if you want to protect your business by reducing the risks of liability.
By having a waiver for your business, you are setting the expectation that:
Having a waiver doesn't exempt you from all responsibility, as it won't protect you against misconduct or negligence. Examples of negligence include:
A disclaimer is a statement in which you say you are not liable for something. It is commonly used by businesses to reduce or eliminate legal risk.
You've probably come across thousands of disclaimers, often featured in advertising, on websites, and integrated into the Terms & Conditions.
Disclaimers and waivers are both set up to protect businesses by reducing liability. However, disclaimers on its own are simply read by consumers, while waivers are signed.
Some waivers may include disclaimers, for example, a bootcamp business may have a disclaimer that participants must consult their physician before starting any exercise program.
A bootcamp waiver should include standard clauses such as an acknowledgement of the risks, a statement releasing the business from liability and a place for the participant to accept the terms by signing.
The following points are typically included in this type of agreement:
Waivers are legally binding documents and therefore enforceable by law. As long as your bootcamp waiver is clearly and properly worded and signed, then your business should be protected from liability and potential lawsuits.
There are some exceptions to the rule, such as:
That's up to you to decide. However, it's generally recommended that you do engage a lawyer to review this type of waiver. While you can use a general waiver, a lawyer will be able to help you cover off the liability risks unique to your business.
You can combine your fitness waiver with your customer registration/enrolment form.
The first section collects your customer's personal information, such as name, email, address, date of birth, phone numbers and emergency contact details.
The second section is around the customer's health conditions. The questions that you ask will help you understand any pre-existing medical conditions, injuries and limitations that your customer may have.
The waiver and lease of liability is generally the last section and it is important to present the information clearly. There are many different ways to write your fitness waiver, but be sure to include the information we have shared above and consult with your lawyer.