What are my rights if I joined a gym and was injured during a personal training session because the trainer was negligent?

I missed a day of work, incurred medical bills, and had to cancel a vacation. The Gym must have agreed the trainer was incompetent in some way because she has been fired for “consistently” violating gym policy. I’m only asking for a refund of the $250 I spent on the sessions but they are saying they will not do that because I signed a wavier and completed one session. Obviously the contract comes into play here but can they deny all responsibly if a employee was negligent?

Asked on June 8, 2012 under Personal Injury, Washington

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Most likely the waiver that you signed applies only to your own negligence and not the negligence of the trainer at the gym that you were injured at. As such, you need to carefully read the waiver in that its terms and conditions could control the outcome concerning your injuries and claims of liability as to the gym.

Potentially the waiver might be in violation of public policy on the injuries you sustained. If the gym will not refund you the $250 for the sessions that you paid for as well as medical bills and lost wages and pain and suffering, then you should bring an action against the gym and former trainer in small claims court.


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