Over the past few months I’ve been getting the itch to return to Cyclebar. I’m enjoying Peloton rides on my Schwinn IC4, but I know I work harder in studio and I’ve missed my favorite instructors.
Francina’s epic Hamilton Ride in early 2019
After 15 months away, I let my account un-freeze at the end of June. But when I logged in to check the class schedule, I decided I had to break up with Cyclebar.
Why I Broke Up With Cyclebar
I hadn’t opened my Cyclebar app since March 2020, so I wasn’t surprised to see a pop-up asking me to agree to a new waiver. I also wasn’t surprised to see terms requiring me to basically assume the risk of getting covid-19. What I was surprised to see was all the other terms and conditions and rights they wanted me to give up.
That’s a lot of fine print to read on your phone.
The first four paragraphs relate to covid-19. It’s the middle bold paragraph that gave me pause:
While it refers to covid-19, I don’t think it’s limited to covid-19, especially in view of the next paragraph:
And the last one seems to be an effort close any remaining loopholes:
Don’t get me wrong. I don’t think it’s unreasonable for fitness studios to require clients to sign a waiver assuming the risks of the physical activity–if I overdo it and hurt myself, that’s on me. I do think it’s unreasonable for a fitness studio to refuse to accept responsibility for injury that may occur due to the gross negligence of their employees. If an employee doesn’t assemble or maintain equipment properly and that causes harm, I think the studio should be responsible.
Lawyerly aside: The exact definition of “negligence” and “gross negligence” varies from state to state. In Virginia, “simple negligence” is “the failure to use the degree of care that an ordinarily prudent person would exercise under similar circumstances to avoid injury to another,” while “gross negligence” is “a degree of negligence showing indifference to another and an utter disregard of prudence that amounts to a complete neglect of the safety of such other person.” According to a state court opinion, “This requires a degree of negligence that would shock fair-minded persons.”
I don’t feel good about breaking up with Cyclebar. Looking over my “Cyclebar” photos, I am reminded of how much I enjoyed it. But I also don’t feel good about a company that won’t take responsibility.
LAWERLY DISCLAIMER: I am a lawyer, but I am not licensed to practice in Virginia, and my expertise relates to patent law, not torts. I MAY BE COMPLETELY WRONG ABOUT THE IMPLICATIONS OF THE CYCLEBAR WAIVER, SO IF YOU ARE A CYCLEBAR CLIENT OR THINKING ABOUT BECOMING ONE, DON’T TAKE MY WORD FOR IT–CONSULT A LAWYER LICENSED TO PRACTICE WHERE YOUR STUDIO IS, SEE WHAT THEY THINK, AND MAKE YOUR OWN DECISION.
I do wonder if part of my reluctance to “agree” to this waiver stems from a pandemic-induced need to exert more control where I can. I dug up my old Orangetheory Fitness contract and reviewed its waiver:
At least it only covers ordinary “negligence” and not “gross negligence” like the Cyclebar waiver, but it does give me pause about returning to Orangetheory ….
I know this hasn’t been much of a runfession, but it is something I needed to get off my chest. I’m also joining the Fit Five Friday Link-Up with Darlene, Michelle, Renée, Jenn, and Zenaida.
Deborah and I will be hosting the August Ultimate Coffee Date next weekend. We’ll open the (link-up) doors Friday August 6th, and keep the coffee brewing.
Do you read the fine print?
![The Ultimate Coffee Date](http://got2run4me.com/wp-content/uploads/2019/03/Ultimate-Coffee-Date.png" "The Ultimate Coffee Date")
Interesting.
I don’t belong to any gyms.
I am not sure I would read the waivers. I don’t for races.
So that is good advice.
I don’t read them for races either — I know those risks pretty well (my own health, potholes, cars). The obstacle races and adventure races have heavy duty waivers that do give me pause — especially if they have electrified obstacles. That’s not the only reason I don’t do them, but it’s one excuse.
Admittedly, I pretty much sign waivers without reading them. I know. I always assumed they did not really mean much legally. Perhaps, you were looking for a reason and this was it?
It probably depends where you live, but Virginia law generally favors corporations. I wasn’t looking for a reason, I was actually planning to sign up for a class!
OK, this article says they are not enforceable in Virginia, but can undermine your ability to recover damages ….
https://www.allenandallen.com/are-liability-waivers-enforceable-in-virginia/
We just had to sign a new waiver at CrossFit. Even as I signed it, I wondered…would this even hold up in court? Although i know my fall was my fault, I wonder if a different person would have sued them for negligence. I don’t think it would be hard. But i’m not that person. I’ve climbed that rope many times. I let go.
Suing is easy — winning a lawsuit is harder. 😉
Wow, that’s some interesting fine print. Like others, I seldom ever take the time to read it on waivers and such. Off topic, but I contemplated a malpractice suit against my doctor’s partner, four years ago, when he blew off my red, swollen knee…and we all know how that ended.
I don’t blame you for considering that, especially after all you went through
Oh, wow, Coco!
So if a Cyclebar employee purposely dropped a 10 pound weight on your foot you would not be able to sue them?!
That’s outrageous!
And that second fineprint to close the loopholes is very mean. I wouldn’t enter a contractual relationship with any business who has waivers worded like that.
Would you be able to cross out certain words/sentences and then sign it?
I don’t think it would cover deliberate harm, but if they set up a stack of weights in a blatantly dangerous way and they fell, it might cover that.
The manager asked “corporate” if they would make any change and they said no, which is not surprising giving the number of studios they own.
Seriously, I don’t generally read the fine print. Because pretty much anyone can sue for anything and they may or may not win, not necessarily based on logic but on how the lawyers argue it, or the jury, or the judge.
It’s why I’m not a lawyer, although my father (yes, he was also a patent attorney) and my brother (labor relations) are/were.
In the end, though, it is all about how YOU feel. Do what you feel is right, and your conscience can rest easy.
Well, signing a waiver would make it a lot harder to win …. Depending on state law, you might not even get to a jury if the waiver is legal and enforceable.
Anyway, I do think the fact that they don’t want to take responsibility for gross negligence bothered me. It doesn’t say much about commitment to safety.
I’m no lawyer but the gross negligence part jumped out at me as well. I too wonder if that would even hold up in court.
So, I found this article that says “Most states allow liability waivers for ordinary negligence, while refusing to enforce waivers for gross negligence, or intentional or reckless conduct.”
I would be nervous too. The whole COVID risks thing is one thing that I think we’re all still trying to make peace with, but “not my fault if the wheels literally fall off” nope nope nope.
Yeah, I have no problem with a covid waiver — although maybe not with a gross negligence clause. But, they should be responsible for the condition of the studio.
I hate to admit it but I never read the fine print! I guess I should follow your lawyer-ly example and be more careful about that. Yeah, the part about “gross negligence” is weird! I guess this means you have a few more Peloton rides in your future.
I admit that I do not usually read the fine print, but clearly I should! The “gross negligence” definitely caught my attention. My husband and son recently joined the new gym that opened (in our old gym’s location) – I’m off to find their agreement to take a closer look.
I admit that I never read the fine prints. Yikes!
Oh wow, yeah that would definitely give me pause. This makes me want to go back and re-read my OTF contract..