Legal Gymnastics?

To the Editor:

We recently heard about a new gym in town. My 7-year-old daughter is very enthusiastic about the gymnastics classes she is taking at Kinetic Kids in Middlebury, but when we heard good things about Vasi’s Gymnasium on Peck’s Lane, we were thrilled to find a good gym so close to home. However, when we read the “Release and Waiver of Liability, Assumption of Risk, and Indemnity Agreement” that Vasi’s insists we sign before she can begin classes, we were upset by the legal language in the release. It seems that not only were we releasing the gym from any liability (even in the case of gross negligence!) we were also indemnifying the gym from any loss, damage, liability, etc.

I understand that gymnastics involves risks and, potentially, even catastrophic risks. I agree to hold harmless the owners of the gym if something awful were to happen in the normal course of gymnastics practice. That’s the waiver I signed at Kinetic Kids. When I asked Vasi’s if there was any way we could compromise, like putting in something like “except in the case of gross negligence” they told me No. Their insurance company requires them to have the document signed exactly as is or my daughter cannot take classes there.

It’s too bad that the lack of a little legal flexibility and the apparent inability for insurance companies to claim responsibility when it is due should keep my daughter from enjoying the obviously world-class training that Vasi’s could have offered her.

Joanne Marcinek

22 Honey Lane, Sandy Hook                                           March 5, 2007