Can You Sue a Gym After Signing a Liability Waiver?

If you’ve worked out at a gym, you’ve signed what is known as a liability waiver. The aggressively upbeat gym employees hand you these papers under the guise of being “no big deal,” but a big deal it is. Gym liability waivers are documents designed to protect fitness centers from legal claims resulting from injuries sustained by members or guests – they don’t want to be left paying a medical bill for someone’s stupidity. Weights are heavy, you can get hurt. 

These waivers are common across the United States, including New York, and mitigate the legal risks for gym owners. However, despite their prevalence, liability waivers do not provide absolute protection against lawsuits. It is very possible to hold a gym accountable for injury or accident on their property even if you’ve signed a waiver. 

What Is A Liability Waiver and Why Do I Have to Sign It? 

A gym liability waiver is a contractual agreement where members acknowledge the risks associated with using the gym’s facilities and agree not to hold the gym liable for any injuries or damages that may occur. The purpose of these waivers is to limit the gym’s liability for accidents that result from ordinary negligence and to intimidate signers into avoiding filing a lawsuit. In these waivers you’ll usually find:

Assumption of Risk: Members recognize and accept the inherent risks of physical activities.

Release of Liability: Members release the gym from any claims arising from injuries.

Indemnification: Members agree to indemnify the gym for any third-party claims related to their actions.

Acknowledgment of Gym Policies: Members confirm they understand and will adhere to the gym’s rules.

While these waivers are indeed legally binding, their enforceability can be challenged under certain conditions. Just because you’ve signed a waiver doesn’t mean you’re SOL. 

How Does New York Handle Liability Waivers?

New York courts generally uphold liability waivers, lawyers work hard to make sure these waivers are legally airtight, but they do not provide blanket immunity. There are more than a few ways a waiver can become unenforceable. 

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Waivers typically cover ordinary negligence but not gross negligence or intentional misconduct. Gross negligence involves a severe disregard for the safety of others, far beyond ordinary carelessness. If a gym acts with gross negligence, the waiver may not protect it from liability. For instance, in Gross v. Sweet, an accident involving a parachute jumping incident post-signing a waiver, the New York Court of Appeals held that liability waivers cannot exculpate gross negligence or willful misconduct (49 N.Y.2d 102, 424 N.Y.S.2d 365 (1979)).

The language of the waiver must be clear and unambiguous. Courts scrutinize waivers for clarity and specificity. If a waiver is vague or overly broad, it may be deemed unenforceable. According to New York General Obligations Law § 5-326, agreements attempting to exempt providers of recreational activities from liability must be specific and clearly communicated.

Waivers that contravene public policy are not enforceable. Public policy in New York prohibits waivers from exempting liability for willful or grossly negligent acts that violate statutory duties or regulations designed to protect health and safety.

Courts evaluate the fairness of the waiver’s terms and whether the member had a meaningful choice in signing it. If a waiver is deemed overly one-sided or if there was unequal bargaining power, it might be invalidated.

How to Beat a Gym Waiver

Despite the existence of a signed waiver, there are several scenarios where an injured party might successfully sue a gym in New York. Gross Negligence, for example. If a gym’s conduct constitutes what the law recognizes as “gross negligence,” the waiver may be useless. If a gym fails to maintain its equipment, or if they fail to clean a spill, and it leads to an injury, the injured party may have grounds for a lawsuit.


A waiver could also be poorly written, misleading, or too ambiguous. In those cases, it may not be enforceable. Courts require that waivers explicitly state the risks being waived – they have to spell it out in too much detail. In Alexander v. Kendall Central School District, the court found that ambiguous language in a waiver could render it unenforceable (221 A.D.2d 963, 634 N.Y.S.2d 719 (4th Dept. 1995)). 

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Gyms are also required to adhere to various health and safety regulations. Failure to comply with these regulations can result in liability that a waiver cannot protect against. For instance, under New York’s General Business Law § 627-a, fitness centers must maintain automated external defibrillators (AEDs) and ensure staff are trained to use them. Non-compliance with such statutory requirements can lead to liability regardless of a signed waiver.


If a gym misrepresents the safety of its facilities or the competence of its staff, or conceals known hazards instead of just handling them, a waiver may not protect them from liability. Fraudulent behavior or intentional misrepresentation nullifies the waiver’s protective effects. If the waiver ends up being a lie or a “massaging” of the truth, it is likely unenforceable. 

How About My Gym in Queens? 

In Queens gyms must adhere to both city and state regulations regarding safety and consumer protection. If you ask a Queens personal injury lawyer, the local legal environment emphasizes consumer rights and safety standards, making it crucial for gyms to maintain high levels of compliance. For example, if a Queens gym fails to comply with fire safety regulations or local building codes, it could face liability despite a waiver. Additionally, the dense population and high usage rates of gyms in urban areas like Queens increase the potential for accidents, necessitating rigorous safety protocols and clear communication with members.

Yes, You Can Sue Your Gym Sometimes

Gym liability waivers are part of belonging to a gym and they are taken seriously. However, their enforceability in New York is not absolute. Factors such as gross negligence, clarity of the waiver’s language, public policy considerations, and compliance with statutory duties play critical roles in determining whether a waiver will protect a gym from liability. Individuals who believe they have grounds to sue a gym despite signing a waiver should give a lawyer a call to assess the specifics of their case and navigate the complexities of New York law. Don’t let a big, scary liability waiver scare you away from keeping a gym accountable. 

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