Should I have my gym members sign a separate liability waiver or is it fine to put language in my membership agreement?

I am very sorry to hear about your injuries, and wish you a speedy and quick recovery. Many attorneys who practice full-time in personal injury law (I'm not one of them) can overcome a release and waiver. Moreover, it's often possible to go after more than just the company in this type of circumstance - there's the company, but there's also the Board, there are individual employees, and there is the manufacturer of any equipment uses (this would be a products liability matter). In Washington, you have at least a year to sue for personal injury. I recommend that you talk with at least three personal injury attorneys. They will want you to have a time line of the event and all the medical treatment you received, and will want to see all your medical records. You don't need someone in your county - it can be anyone licensed in WA State.

Whoever drafts the PSA, will draft it to their benefit. This is the reason that buyers, not sellers, will tend to draft the document as the seller is leaving the business and the buyer is gaining the business. Buyers therefore, tend to benefit from the draft of the agreement as they outline the things they will need to feel comfortable enough to proceed with the sale. I have extensive experience with PSA agreements. If you need drafting or reviewing assistance, you can contact me through the website or directly to my profile page at Donya Gordon Donya Gordon

You should sign a PSA after you have done your due diligence. You will need to look at the financials and the books of the company and complete any background check, including searching the court system for any lawsuits against the entity. Once you are comfortable with what you see, and you have the PSA reviewed by an attorney and it is in line with what the parties agreed to and protects your rights, then you can sign. As a contracts attorney that specializes in the purchase and sale of business, I can assist you with your PSA. You can find me on the website or my profile page - Donya Gordon Donya Gordon

Good morning - I am a WA State attorney. The purchase and sale agreement should, itself, specify the governing law that would be applicable; if that term is not already part of the PSA you were presented, it should be added. If you are buying a business in WA, normally the PSA will say that WA law will apply, but if you are buying a franchise, it's possible that the PSA will say something like that law of Delaware may apply. Washington has good governing law for this type of agreement. I also suggest that you discuss any concerns with your buyer's agent, and possibly request a WA State attorney to review all the documents before you sign anything.

It is almost always possible to amend a signed contract, but, of course, all signatories to the original contract would also need to sign any amendment. If, however, you foresee things you may want to sign later down the road, it'd be best to negotiate changes to the original contract, rather than amending an existing one....for one thing, what if the other signatories don't agree to your proposed amendment(s)?