Your massage therapy business needs to have massage liability waivers in place before you do any work on clients. This can help protect you or any massage therapists you employ if your client subsequently suffers an injury due to their massage therapy session.
However, it is important to ensure that your massage liability waivers are written in a way that does not invalidate the waiver, as this could leave your massage therapists and business open for potential litigation.
Here is more about how massage liability waivers work and how to ensure yours is in compliance with your state laws. If you have additional questions about massage liability waivers or are facing litigation surrounding your massage liability waivers, do not hesitate to contact the trusted attorneys at the Center for Health and Wellness Law, LLC, to discuss your concerns in further detail.
What Are Massage Liability Waivers?
Although liability waivers are often seen as a formality, the truth is that they are designed to help protect businesses, including your massage therapy business, from liability when a client suffers an injury.
Injuries can occur due to a specific massage technique or new techniques that the client has agreed to. In any case, making sure you have a legally sound liability waiver in place can go a long way in helping to avoid protracted and expensive legal issues should an injury occur.
However, that does not mean that clients will not attempt to pursue legal action despite signing a massage liability waiver. In fact, certain types of activities do not allow for liability waivers in some states. And the person signing a liability waiver usually must understand all of the legal standards and actions included within the waiver for the waiver to be valid.
The Purpose of Massage Liability Waivers
Traditional liability waivers mean a client gives up their right to pursue legal liability against their massage therapist or massage therapy provider. This means your client, the injury victim, is agreeing not to pursue legal action against you if they have signed a liability waiver.
However, there may be some instances in which a personal injury attorney takes your liability waiver under scrutiny and finds loopholes that could result in legal liability. And in other cases, a case against you may be allowed to proceed in spite of any existing liability waiver.
When a Liability Waiver Can Result in a Lawsuit
When a client is receiving any type of massage therapy, your liability waiver should waive their right to pursue a lawsuit. However, if they accuse you of negligence or malicious harm, you may be at risk. Not only could your massage therapy business be sued, but so could staff members and various others involved with your business.
Traditionally, standard liability waivers do not apply when negligence or catastrophic injuries occur. But by taking steps to draft a well-thought-out waiver, you may be able to avoid being sued for massage therapist negligence and related matters.
How to Ensure Your Massage Liability Waiver Is Valid
Not all liability waiver agreements will protect you entirely from negligence-based claims. If you hope to ensure your massage liability waiver is valid, a qualified and experienced attorney can take a close look to help you gain some peace of mind
When and if you’re ready, you can have our team draft or review your massage liability waiver so you can ensure compliance from the start.
What to Include in Your Massage Liability Waivers
Some of the most important details to be included in your massage liability waiver if you hope to avoid legal issues in the future include the following:
- A general liability waiver clause
- Outlining the client’s rights
- Specifying the types of negligence claims that the client is waiving
- Outlining the known risks of massage therapy
This is not an exhaustive list, which is why it’s important to consult with an attorney before implementing a new liability waiver for your massage therapy business.
Exceptions to Massage Liability Waivers
Any intentional action that results in harm could be excluded from the scope of a massage liability waiver. This includes instances of assault, battery, or any type of fraud involving your clients. If any of these instances cause injury to your clients, any signed waiver is likely invalid.
The other important thing to keep in mind is that waivers are not bulletproof. In fact, they often do not stand up against legal claims of negligence.
However, they can serve as a deterrent to some legal action, and in some cases, they actually can prevent legal action from being taken against you.
How to Avoid Issues with Massage Liability Waivers
If you were hoping to avoid issues down the line with your massage liability waivers, here are some steps you can take:
- Make sure your clients read your massage liability waiver.
- Make sure you are available to answer your clients’ questions or concerns regarding the language contained within your massage liability waiver agreement.
If you are finding it difficult to explain the details within your massage liability waiver or you see that your clients are having a hard time understanding the contents, it may be time to draw up a new liability waiver so you do not put yourself or your business at legal or financial risk.
Call Today to Protect Your Massage Therapy Business from Lawsuits
Having a strong massage liability waiver in place can help protect your massage therapy business from potential lawsuits. Speak with our experienced attorneys at the Center for Health and Wellness Law, LLC, if you’re ready to ensure your massage liability waivers are valid, easy to understand, and as strong as possible.
Reach out to our office to schedule your initial case review. You can reach us by phone at (608) 579-1267 or through our online contact form to get started as soon as today.
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