Question
Jenni runs a gym called Sweat & Go She wishes to be protected from liability from accidents to clients of the gym, and also wants
Jenni runs a gym calledSweat & GoShe wishes to be protected from liability from accidents to clients of the gym, and also wants to be able to charge for any damage to gym equipment.
Jenni seeks your advice as to whether the following two signs would be useful in achieving these results:
1. All clients entering this gym do so at their own risk. While all care will be taken, the Management ofSweat & Gowill not be responsible for any injury whatsoever or howsoever occurring to any client entering into this gym, including any injury occurring because of any negligence of the staff ofSweat & Go.
and
2. Any breakage or damage to any goods or equipment within this gym caused by the client will be paid for by the client, however occurring. By using the gym, clients agree to this condition.
Advise Jenni as follows:
a. Could these signs be considered as effective exclusion clauses?
b. Will they achieve the result that Jenni is hoping for? Refer to any relevant case law and/or legislation.
c. If the signs are effective,Sweat & Gorequires your advice as to where best to locate these signs. Jenni's suggestions are:
Over the front desk;
On a sales receipt or entry ticket to the gym; or
On a wall or plaque outside the gym.
d. Jenni is also thinking of incorporatingSweat & Go. Would incorporation affect the enforceability of the above signs?
In your answer, please refer to relevant case law and/or legislation.
In your answer, please refer to relevant case law and/or legislation.
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