Gym Liability Waivers: What They Do (and Don't) Protect You From

• Injuries Involving Minors: A minor (anyone under 18) cannot sign their own waiver, nor can they sign a waiver for someone else. The signee must be over 18 themselves, or they need to be the parent or legal guardian for the minor. Older siblings shouldn't sign a waiver for their younger brother or sister. Sports coaches also aren't able to sign on behalf of a child in their program. This job falls exclusively to the parent or guardian. Even when signed by a parent or guardian, waivers are often scrutinized more closely in claims affecting minors. tl;dr - Don't rely solely on waivers if you're coaching minors.
• Gross Negligence or Unsafe Conditions: This is when a member is injured because of your gym's negligence. Examples can include: Broken or poorly maintained equipment; not addressing known hazards; and inadequate safety procedures. Be especially careful here too, because your insurance policy may also deny your claim if it's found that you were truly, intentionally negligent.
• Lack of Supervision or Improper Supervision: As the gym owner, you have a certain responsibility to oversee your gym members' safety. This is especially relevant for 24-hour or unstaffed gyms, where insurers and courts expect additional risk controls beyond a signed waiver.
• Activities Not Clearly Covered in the Waiver: If your waiver doesn't explicitly reference certain training styles, specific equipment, recovery therapies (i.e. sauna and cold plunge or tanning), Open Gym or after-hours access, and you offer these, it's due for an update. It's very common for gym owners to evolve their offerings but fail to update your waiver language. It's a good idea to review your waiver at least once a year. You don't need to rewrite it, or consult with a legal advisor (unless you're making major changes). Just make sure it still applies to your gym business and double check against your insurance policy that you're still meeting all requirements.

From an insurer's perspective, a clear waiver shows that:

• Members were informed about risks
• Participation was voluntary
• The gym took reasonable steps to communicate safety boundaries

All of this matters when a claim is reviewed. Especially if injuries happened during a normal gym activity.

Even when a waiver doesn't fully block a claim, it can:

• Support the gym's position in a lawsuit
• Reduce ambiguity about assumed risk
• Help defense attorneys argue the claim more effectively

This can influence how long a claim lasts and how expensive it becomes, which insurers care about deeply.

Insurance companies price risk (and your policy) based on frequency of claims and severity of claims.

Waivers don't stop someone from filing a claim, but they can:

• Discourage marginal or opportunistic lawsuits
• Reduce settlement leverage in certain cases
• Help resolve claims faster

That's why insurers often ask whether waivers are in place.

Having a waiver does not automatically lower your premium, but not having one can raise concerns.

Insurance underwriters (the people who determine your policy's price) also look at:

• Training type and class structure
• Supervision and staffing
• 24-hour or unstaffed access
• Facility condition and equipment
• Claims history

Waivers are part of the picture, but not the whole picture.

For gyms with:

• ‍24-hour or unstaffed access
• Open Gym hours
• Youth programs
• Contact or grappling disciplines

Insurers expect stronger documentation and controls overall.

In these cases, waivers are often seen as table stakes. They're necessary, but not sufficient on their own.

Insurance companies don't rely on waivers to protect themselves. They rely on insurance coverage to respond when something goes wrong.

Waivers help manage risk on the front end. Insurance is what pays for legal defense, medical costs, and settlements on the back end.

Both matter, they just serve different roles.

Ultimately, the key takeaway for gym owners is that waivers show you take your business and risks seriously. The strongest protection with waivers is when you use both waivers and insurance together.

With no staff present, insurers assume:

• Less immediate supervisions
• Slower emergency response
• Greater reliance on member judgement

A waiver helps document that members understand those risks. It shows that:

• Access is voluntary
• Members accept responsibility for training during unstaffed hours
• Expectations were clearly communicated

This is especially important for claims that occur late at night or outside normal business hours.

At the same time, waivers are often weaker in 24-hour scenarios.

Common reasons for this include:

• Injuries occur without witnesses
• Claims involve allegations of unsafe conditions
• Members argue they didn't fully understand the risks of unstaffed access

In these cases, the absence of staff can shift scrutiny back to:

• Facility design
• Access controls
• Equipment maintenance
• Whether the gym disclosed 24-hour access to its insurer

A signed waiver alone usually isn't enough.

For 24-hour gyms, insurers typically evaluate:

• How access is controlled (key fob, app, codes)
• Whether access logs are maintained
• Clear signage and posted rules
• Updated waivers that explicitly reference unstaffed hours

The waiver supports these controls. It doesn't replace them.

Many gym owners assume that since everyone signed a waiver, they're covered.

The reality is that:

• Waivers help reduce friction and discourage claims
• Insurance is what responds when a claim actually happens

If 24-hour access isn't properly disclosed or covered, a claim can become far more complicated, regardless of how strong the waiver is.

For gyms offering unstaffed access, the strongest protection comes from:

• A clearly written, up-to-date waiver the addresses 24-hour use
• Insurance coverage that explicitly allows unstaffed access
• Risk controls that align with how the gym actually operates

Each layer supports the others.