The waiver protecting your gym may not work the way you think it does

Dr. JoAnn Eickhoff-Shemek, founder of the Fitness Law Academy and author of Law for Fitness Managers and Exercise Professionals, joins Anthony and Natalia to explain waivers, negligence, liability insurance, trainer agreements, equipment maintenance, emergency-action plans, group fitness safety, incident documentation, and the legal responsibilities every gym owner should understand.

In this special episode of The Gym Owner’s Podcast, Anthony Pasquale and Natalia Schulte sit down with Dr. JoAnn Eickhoff-Shemek — better known as Dr. JES — founder and president of the Fitness Law Academy and author of Law for Fitness Managers and Exercise Professionals.

With nearly 50 years in the fitness profession, Dr. JES has dedicated much of her career to helping fitness managers and exercise professionals understand legal liability, risk management, and safety.

The conversation begins with one of the most misunderstood areas of gym ownership: waivers. Dr. JES explains why waiver law varies by state, why some states may not enforce fitness waivers, and why every waiver should be prepared or reviewed by a qualified attorney in the facility’s jurisdiction.

She also explains the difference between ordinary negligence and gross negligence, the role of express assumption-of-risk documents, and why beginners need proper instruction before they can fully understand and assume the risks of an activity.

Using real fitness-industry cases, Dr. JES shows how preventable mistakes can lead to serious injuries and lawsuits. These examples include inappropriate exercise programming for a client with osteoporosis, facilities with ineffective emergency-action plans, and AEDs that were present but not operational.

The episode also covers liability insurance and the importance of reviewing exclusions carefully. Gym owners should confirm that every program, service, facility feature, and new activity is covered. Dr. JES recommends that trainers and instructors carry professional liability insurance and explains why management should require — and ideally provide — that coverage.

Anthony, Natalia, and Dr. JES also discuss independent contractors, trainer-rental agreements, worker classification, equipment maintenance, written contracts, and why undocumented maintenance may be treated as maintenance that never happened.

Later, the conversation turns to group fitness, beginner-level instruction, lesson plans, class evaluations, incident documentation, unsafe member behavior, and membership revocation. Dr. JES emphasizes that risk management is not one document or one policy — it is an ongoing safety culture supported by trained staff, clear procedures, legal counsel, insurance advisors, medical advisors, and consistent documentation.

Connect with Dr. JES and the Fitness Law Academy: Website: https://www.fitnesslawacademy.com Instagram: @fitnesslawacademy Textbook: https://www.fitnesslawacademy.com/textbook

Legal Disclaimer: This episode is for general educational purposes and is not legal advice. Laws vary by jurisdiction. Consult a qualified attorney in your state regarding your facility, contracts, waivers, policies, insurance, and legal responsibilities.

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