After settling into my current schedule, I realized that I would probably work out more frequently if I joined a health club near my office. Westside Athletic Club has a location near my office in Big Pink, Portland’ s US Bank building. So I headed over to check it out. At the front desk, the peppy staff member enthusiastically endorsed my plan. And then she handed me a form that I needed to fill out and sign.
The form included a waiver of claims that appeared to immunize the health club from harms and losses caused by its fault. I told her I wouldn’t sign, and for her part she told me that she couldn’t allow me to look at the club. I asked her to tell management that they had just lost a sale. She was very polite and apologetic and promised to pass along my refusal.
So what’s the problem here, and why am I so snippy about such things?
Some legal background, first. Oregon generally enforces waivers and releases. In other words, if I sign a waiver, it will generally be enforced. There are a few exceptions, but you’re not reading this for details or even advice, so we won’t get too geeky about all this. Also, in the proper situation, I don’t have much of a problem with a waiver. For those of us who choose high risk activities like skydiving, skiing off the groomed portion of the mountain, scuba diving, and white water rafting, we have to accept that hazards exist and grievous injuries are possible. A properly balanced waiver isn’t particularly offensive in those settings.
But Westside wanted way more than that. While it wants people as customers, it refuses to take responsibility for something as simple as the safety of its club. If, for example, a Westside employee spilled oil all over a floor and didn’t clean it up, and the waiver-signing patron slipped and shattered her knee-cap, Westside would be off the hook for all harms and losses.
That’s a line that it should not cross and why I won’t do business with them. As a customer, I think I should be able to expect that the health club will keep the place properly maintained. Failing that, I won’t join a club that hides from its responsibility.
Now let’s be clear, injuries don’t happen often. As well, I’m going to guess that Westside was simply following legal advice. I wouldn’t be surprised if other athletic clubs foist the same provisions on their visitors. Still, those are excuses, and they don’t overcome the basic problem of taking responsibility for our actions. So Westside, if you want me to visit or join your health club, please offer me a deal we can both live with. I know business is tough, but that’s true for both businesses and consumers. I’m not interested in paying dues if you’re not willing to take responsibility for the safety of your club.
Absolutely! The other day an uninformed lackey handed me a health club form, completely oblivious to how it stripped away all of my rights, for even "known" problems or "negligence." I have a call in to the CEO, but I'm pretty sure I won't be taking a membership there. I'm shocked by how little regard they have for their clients. By making sweeping, all-encompassing statements, they have demonstrated a complete lack of responsibility for proper maintenance and safety, shirking all responsibility to keep me safe. I'll just go for a run...
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