Why does health club agreement waive my litigation rights?
June 21, 2014 11:30 AM Subscribe
The "health club" in my apt. building (some free weights, a few weight machines, treadmills, ellipticals) requires tenants to sign an agreement, the first two clauses of which involve litigation:
The first says, paraphrasing, I hereby release, waive, discharge and covenant not to sue the management co., owners, employees, etc. from all liability to me and anyone with me for any loss or damage on account of my injury or death caused by the exercise equipment, negligence of the company, etc.
posted by the sobsister to Law & Government (9 answers total)
The second says that I agree to indemnify and hold harmless the company from any loss, liability, damage, cost or expense, including attorneys fees, that they may incur due to any such loss, damage, etc.
Aside from how off-putting I find them, are such clauses binding/legal? Am I really waiving my right to litigate if the ceiling falls on me while the treadmill I'm on bursts into flame? Or is this like the "management is not responsible for..." signs that are all bluff because they actually are responsible?