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The Importance of Waivers and Legal Protections in Gymnastics

American gymnast Simone Biles has 11 Olympic medals and 30 World Championship medals, an incredible feat that cemented her place as one of the top gymnasts of all time. Watching her fly through the air is astonishing; she seems not to be bound by the same laws of gravity that affect the rest of us. And for those far more earth-bound, it can be just as nerve-wracking as it is inspiring to watch.

Gymnastics is a dangerous sport. Even the landings that go well are hard on bones and joints because of the force placed on them. The force of a landing is estimated to range from five to 18 times a gymnast’s body weight. This is an incredible amount of force, which is primarily absorbed by the knees and ankle joints.

And even small adjustments—as little as a fraction of an inch in the height of a twist, a leap on a balance beam, or a landing—can lead to very bad outcomes. Broken bones, sprains, knee injuries, ACL tears, meniscus tears, repetitive stress fractures, and concussions are just some of the more common injuries in gymnastics.

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How prevalent are gymnastics injuries?

Gymnastics injuries are very prevalent, and those injuries aren’t confined to the elite, competitive level. All levels of gymnastics, from beginners on up, have some injury risk.

An analysis of publicly available data found an estimated 72,000 youth gymnastics-related injuries in ERs each year.

The more advanced the gymnast, the higher the chance of injury. Because many gymnasts start at a young age, some injuries are the result of overuse or re-injury.

Other factors that can lead to injuries are poor sleep, stress, and inadequate nutrition.

Coaches and instructors should work with parents and guardians to ensure that minor children participating in a gymnastics program are physically and emotionally fit enough to withstand the rigors of training.

Why are liability waivers important?

Liability waivers highlight and reinforce the risks that are inherent in any sports program. Since most participants in a gymnastics program will be minor children, liability waivers will need to be signed by a parent or the child’s legal guardian.

A liability waiver will not necessarily prevent a gym from being sued, particularly if negligence is a factor. What a liability waiver establishes is that the gymnastics program informed the parent(s) or legal guardian of the inherent risks involved in participating in this particular sport, and notifies them that injuries are a possibility. Signing a liability waiver is an indication that the parent or guardian has been informed of, understands, and assumes risk. This is an important step to take, and is likely required by your insurance provider.

What needs to be covered by a liability waiver?

A liability waiver is a legal document, so gymnastics training facilities should consult with a legal representative who specializes in this type of document development.

A good liability waiver should include an attestation from the parent or legal guardian that the child:

  • Is physically able to participate in a gymnastics program
  • Will follow the gym’s rules
  • Has disclosed any health conditions

Additionally, the waiver must clearly state that:

  • Individuals participating in the gymnastics program are doing so voluntarily, and they are accepting the risks associated with the activity
  • That they are releasing the gym, its owners, and coaches from liability
  • That they waive their right to sue for injuries sustained during practice or in competitions, exhibitions, or similar venues

Are there other legal protections I should consider if I run a gymnastics program?

Some of the best ways to reduce legal liability risks are preventative measures. For example, the following are all preventative steps:

  • Make sure all equipment is in working order, and clearly mark (or remove) any equipment that is in need of repair
  • Maintain adequate staffing levels.
  • Post signage that clearly states under what conditions spotters are mandatory
  • Enforce all rules – inconsistent enforcement can lead to claims of negligence.
  • Know and follow any applicable safety guidelines from gymnastics’ governing bodies
  • Be proactive and aware when it comes to the health of the young athletes. This includes their physical health and their mental health.
  • Run background checks on anyone who works with children
  • Have a reporting program in place for any gymnasts who get injured

Another important legal protection is having the right insurance coverage in place. This will protect your gymnastics program from the financial losses associated with being sued.

Having sufficient liability insurance for your business and professional liability insurance for your coaches and instructional staff is a good place to start.

What other types of insurance should a gymnastics program consider?

There is a lot to think about when you are considering what types of insurance you may need.

  • Commercial property insurance to cover your building
  • Equipment coverage, which should include theft and malfunction coverage
  • General liability to cover potential legal expenses associated with third-party injuries
  • Professional liability to cover potential claims against your coaches and instructional staff
  • Commercial auto to cover transportation to events
  • Special events liability to cover meets, competitions, and exhibitions
  • Assault and battery, and alleged sexual abuse liability coverage

On this final point, gymnastics has the second-highest number of allegations of misconduct in youth sports. High-profile news stories have put a spotlight on young athletes, so it is important not just to have this insurance coverage, but also to take proactive steps to prevent such abuse from happening.

How much does liability insurance for a gymnastics business cost?

As with so many other forms of insurance, premium costs are heavily influenced by a range of factors that will vary from one business to the next.

Some of the factors insurers will consider are the size of the business, what the annual revenues are, where the business is located, the experience range and number of coaches and instructors, how many gymnasts and participants are in the program, and what their age range is. An important factor is prior claims history. If your gymnastics program has had a claim previously, your rates will likely be higher.

If you want to know more about what type of coverage you need for a gymnastics program, contact the experts at Rate Insurance. With access to commercial coverage from a number of insurance providers, they can help to find the right coverage at the right price for your gymnastics business.

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