Waivers aren’t anything, they are everything. Most popular tracking software programs provide a digital waiver solution that is very convenient for box owners. Here’s a few simple but critical things you must know to ensure your digital solution covers you should the worst occur.
STATE THE SPECIFICS
This knowledge bomb is first because it is the most important. You must have a lawyer from your home state review the verbiage in your waiver to ensure any state-specific requirements are listed in the language. (Stop. Reread the last sentence.)
Many states require specifics be listed in insurance policies, so having your lawyer review both your policy and your waiver when you open is paramount. Hell, while you’re at it, have an attorney look at your lease too. BEFORE you sign.
WHERE ARE YOU?
The language in your waiver must include a statement concerning what state laws will apply in the case of a lawsuit. If you don’t have this critical sentence, you could find yourself defending a lawsuit in an out-of-state court. In today’s electronic age, most state courts are willing to exercise jurisdiction over out-of-state businesses because websites can solicit commercial activity from out-of-state participants.
DO NOT DEFAULT
Box tracking software is all the rage. It’s almost impossible to be efficient without it. Do not use the default waiver language in the software. If you need a good reason why, please see the paragraphs above. If your software does not allow you to change the default waiver language, get new software. Get your waiver crafted just for you and drop it in the electronic template provided. Wodify allows each box to customize waiver language and this is paramount.
If your organization is dissolved, you sell your gym, the box changes name and you have a whole new life, YOU still need to be in possession of your former athletes’ waivers. This will protect you should you get drawn into a lawsuit. Don’t trust anyone who buys your box to keep your files. If you walk away, ensure you have an online storage system.
DIGITAL IS SOLID
Digital waivers minimize data entry errors and eliminate storage issues. You are also streamlining the athlete experience. ESign was signed into law by President Clinton in 2000. This law gives legal protection to electronic waivers and gives them the same weight as paper contracts.
Remember to pay once for a lawyer to ensure your language is tight now, and you won’t pay more later. If you have any questions, your Affiliate Guard family is always a phone call away!