Part 2 | The Importance of a Sports Waiver Form - What to Include to Protect Your Business?
We recently explored how to create an effective sports waiver to protect your business from any training injuries or liabilities. Now it's time to demonstrate how essential athlete waivers truly, are and what you should be sure to include. With this in mind, it's worth reiterating the importance of a sports waiver.
Here's are some components to include in your sports waiver form to give you the most protection when working with athletes.
Information on Medical Conditions
The client joining your training program needs to assure they're healthy enough to take part in vigorous exercise. If they don't bother to get a complete medical checkup before doing your program or sporting event, you shouldn't have to pay compensation for their medical bills.
It's why one of the first legal aspects in your waiver should include a statement assuring the client is physically able to participate in your training. You should also state the client needs to provide all health information or medications to you so you can use or administer these if an emergency arises.
Always indicate you'll act on your behalf to hospitalize the client if a health event occurs, but you're not responsible for the medical costs.
Financial Responsibility and Insurance
Another important component of your waiver should indicate that your client is solely responsible for their finances when it comes to injuries. While you'll touch on this in the above medical provisions, this gives more clarity to the subject overall.
One statement you'll want to make is to that the client shows proof of medical insurance so they will be fully covered for any injuries incurred. Their insurance has to fully cover the training they're doing in your sports facility.
Sometimes sports businesses add "assumption of training risk" to this, though it's often better to make it a separate category for clearer definition.
Complying With Your Training Rules
Next, you need to make it clear the client must comply with the rules you set forth in your training. As you know, athletic training requires specific and careful methods to reach a result. Doing anything beyond those rules could easily lead to injury.
Your clients need to understand this and are personally liable if they deviate from the rules you set forth. It's also possible to expand on this if you have particular guidelines for hotels or transportation the clients use while partaking in your training program.
Using the Client's Identity in Marketing
The publicity side of your waiver should also have its own section. You might want to include images or quotes from your client list to promote your business in future marketing efforts. You'll need athlete, and parent consent for minors, to do this. You can include the above in your waiver outside of a separate release agreement.
In the agreement, clients will consent to you using their image for publicity or advertising. This might mean photographs of your clients during training. Make sure this also applies to any press coverage your business may receive. That way, if a camera crew comes in to do a quick news spot, you know you are safe to show the athletes on camera.
Governing State Laws
At the end of your waiver, you'll want to indicate your agreement conforms to your local state laws. These laws are obviously going to differ from state to state. Take time to research what you can legally include in the agreement and what doesn't hold up in a court of law.