Waiver and release protects YMCA from liability

A waiver and release from liability resulting from a member’s use of its “facilities” has protected a YMCA in Tennessee from a claim by a member who was injured when a shower seat in a fitness center became unmoored and she was seriously injured.

The member argued that the waiver included as part of the membership application was ambiguous and should be interpreted to exclude her use of the showers, and also that it was overly broad and unenforceable.  A trial court granted summary judgment to the Y.  The Tennessee Court of Appeals has affirmed.