Given the fact that many people belong to health clubs these days, I’m often approached by people about their Massachusetts health club contracts. You see, (if you belong to a gym or health club,) you’ll learn that the standard contract terms that are used for these types of agreements by almost all Massachusetts gyms and health clubs, prevent you as the customer from suing the health club for any injuries suffered on the premises.
These health club injuries can arise from any number of circumstances: A weight dropped on someone, a cable or pulley on a machine that lets go, a slip and fall on a floor or pool area, even swimming pool injuries. You signed the agreement, and now you find that you’ve been injured in some way that you feel is attributable to negligence of the part of the health club. So you’re out of luck, right?
No, you’re not. While 99.9% of businesses try to escape liability by incorporating liability disclaimers like this, not all of them are effective or valid. When it comes to health club memberships in Massachusetts, attempted “Releases of Liability” like these are barred by state statute. Specifically, Massachusetts General Laws Chapter 93, Section 80, which states in relevant part: “No contract for health club services may contain any provisions whereby the buyer agrees not to assert against the seller or any assignee or transferee of the health club services contract any claim or defense arising out of the health club services contract or the buyer’s activities at the health club.”
So, if you’ve suffered a Massachusetts health club injury, don’t crumple up your health club membership contract and conclude you’re not out of luck. Contact an experienced Massachusetts health club injury attorney. At least you’ll get your legal issues back in shape.