Fitness Releases

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Biletsky Law - Fitness LawWhen going to work out in a gym, compete in a competition, or perform on the set of a production, you will likely be confronted with a release document to sign. While these release documents come in many shapes and sizes, the basic function of all of the releases is the same, which is to relieve the other party from liability.

In gyms, the predominant concern is that the gymnasium is providing a facility and equipment which you could potential injure yourself on. Gyms often require releases when signing up or when visiting to help shield themselves from liability.

When competing in a fitness or athletic competition, you are usually required to sign a waiver and a release form as well. With a competition, there is additional concerns beyond providing the facility and equipment in that you are also pushing your abilities to the limit and are at a greater risk of injuring yourself.

With regards to filming releases, regardless of the type of filming that you are involved with, there is undoubtedly going to be some kind of release or waiver which protects the production company from liability (and also allows them to use your image, amongst other things). This is even more so the case when dealing with productions that involve some kind of athletic or fitness performance. The importance behind these types of releases is the fact that you are being given access to certain facilities. Furthermore, you may also be given instructed to perform  certain activities where there is a high risk of death or serious bodily harm.

So, what’s in these agreements that act to protect these gyms, competitions, and productions from liability?

Acknowledgment of Risk

One of the first parts to the release is going to be a section where you formally acknowledge the inherent risk in participating in whatever it is that you are signing up for. Whether it be the 30 foot rock wall at the gym or the sword fight scene that you are featured in. If there is some kind of activity or thing that carries with it a risk of injury or death, this paragraph will make you acknowledge that such a danger exists.

Assumption of Risk

This section comes with it more history and controversy than most other sections. There have been cases upon cases dealing with the assumption of risk and whether they are against public policy and therefore invalid. One of these arguments is the fact that although the activity may be inherently dangerous, the operator of the activity still has a duty of care to keep you safe.

There are other logical considerations to take into account as well. For instance, sky diving has an inherent risk of harm that comes with partaking in the activity. In a world where the assumption of risk always prevails, the sky diving operator wouldn’t be held to such a high duty of care since you already assumed the risk. In such scenarios, what need is there to keep all of the safety procedures in place or the maintenance of the plane at top performance?

Release of Liability

You’ve acknowledged the risk, you’ve assumed the risk, and now you’ve taken the next step and released the other party from liability. This is the third step in the release where you agree that regardless of what happens, that the operator is not liable and that neither your nor anyone who may succeed you (in the event of death or serious bodily harm) will be able to bring any claims against them. Some of these releases will go pretty far as to release any kind of liability, even so far as to release them from liability resulting from their own negligence.

Disclaimer and Waiver of Warranties

Depending on the service or product, there are certain inherent warranties that come with the product or service. In certain instances these may apply more towards products themselves (think vitamins and supplements) where you are signing off that you do not expect the product to perform in a certain manner.

Miscellaneous

There are of course other provisions. Depending on the activity or situation, there may be terms which require you to pay for all of your own medical expenses, but which authorizes the establishment or company to call emergency personnel in the event of your injury. One reasons for this is that they do not want to pay your medical expenses. However, they also do not want your condition to worsen while you are injured on their premises. So instead, they want to have the authorization to be able to call and get you out of there as soon as possible.

Whether you own the establishment, are in charge of production, or are the athlete that is signing off on the waiver, it is important that you be aware of what kind of terms you are agreeing to with liability waivers and releases.

For more information on liability releases or for legal assistance regarding releases, contact Biletsky Law.

Fitness Sponsorship

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“Making a living from doing what you love must be one of the most fulfilling things [that] a person can do.” –David Kimmerle.

The health and fitness industries are some of the greatest examples of people going out and doing what they love. In addition to being able to do what you love for work, being able to monetize on your accomplishments can be even more awarding. But the industry is not just about the prizes and competitions, the world of supplements and other health and nutrition products is an integral part to the fitness industry and provides a unique incentive to competitors and trainers.

Sponsorship is an essential way that athletes are able to monetize on their product. An athlete’s “product” is often considered their bodies and talents. When talking about sponsorship in the realm of sports and fitness, these companies are looking for the ideal person who can represent their brand and take their products or services to the next level. Whether it is because of the unique look that an athlete has, or because of the massive social media following that the individual has, sponsorship helps a product or service identify with their consumer base.

Having the look and having the talent that catch the eye of a sponsor is something that needs to be mastered in your field of specialty. However, once the lawyers come in and bring out the contracts, that’s where your hard work and skills have less of an impact and your leverage and negotiation skills come into play.

A sponsorship agreement can be divided into many different sections and it is important that you understand what each section means when you are presented with a sponsorship agreement.

The Compensation

Let’s face it, while you may love the product or service of the sponsor, just being a part of their organization may not be enough to sway you into signing a contract. Sponsorship agreements are somewhat unique when it comes to contracts in that the compensation is not always just the usual straight money deal. Certainly it can be, but often times it is a blend of money, products, and recognition. It is important before entering into a sponsorship agreement that you be able to identify what is important to you and what you expect to get out of the sponsorship relationship. This all depends on you as a person and where you are in your career. An athlete just starting out may have a hard time deciding whether the fame or fortune is more important in the beginning of their career. Whatever kind of compensation you choose, be sure that you make it clear to the sponsor what it is that you are looking for.

Conflicts

Conflicts in sponsorship agreements occur more often than one may imagine. One of the reasons for this is because many of these companies are “vertically integrated” and because they may not just provide one kind of product. Instead, they provide a multitude of products and may also be the manufacturers, distributors, wholesalers, and resaler of the product. When a sponsor has their hand in so many industries, the chances of you running into a conflict increases. It is essential that you keep track of who your sponsors are and what your limitations are as far as conflicts. In most cases, the contracts will very clearly outline for you what kind of products or services you are prohibited from being affiliated with, but for the contracts that don’t spell it out so clearly, it is important to be aware of what your sponsor does before entering into another sponsorship agreement.

Morals Clause

Morals clauses work to help prevent tarnishment or damage to a company’s brand or image. The validity and enforceability of morals clause is an entire issue in and of itself. Courts have battled with this time and time again, and whether this provision will be enforceable should be further down the road in your thoughts than what are in the these clauses.

Put the enforceability aside, it’s reasonable to understand why a pre-workout manufacturer doesn’t want a convicted murderer or a thief to be the face of their company. But there are some morals clauses that go too far in attempting to limit your speech and private actions. The basis to most of these clauses is that you cannot get in trouble by the law for certain things and it cannot come out in public that you partake in certain activities (for certain sponsors, drug and alcohol tests are mandatory and may come unannounced).

Your Duties

OK, so you’ve been sponsored! That’s great, but what do you have to do? Each sponsor requires something unique from the individuals that they sponsor. Some require that you post a certain amount of content on your social media pages, others require that you appear at certain events and ceremonies, while others require that you wear branded clothing of theirs when you are at certain events or even when you are out in public for a certain amount of time. It is important to understand what your duties are and what you need to do to make sure that you are not in breach of your contract.

There are many other provisions which go into these contracts and it is important that you are aware of the impact that each of these provisions have on your sponsorship relationship.

To learn more about sponsorship agreements or to obtain assistance in reviewing or negotiating an a sponsorship agreement, contact Biletsky Law.