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Sep. 23, 2016

Actually, you are not released from liability

A California Court of Appeal case turned longstanding liability release precedent on its head and highlights the risks of obtaining one from a non-English speaking patron. By Jill Haley Penwarden

Jill Haley Penwarden

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By Jill Haley Penwarden

A recreation provider such as a fitness center has a well-drafted liability release and requires all of its customers to sign the release before participating. Since the California courts have ruled that a liability release is a binding and enforceable contract, your client has a strong defense in the event of an injury, right? In most cases, yes - but what if the participant doesn't speak English and later claims she didn'...

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