LA Fitness enters into an employment contract with Alex for personal training services. Alex agrees that he will be paid 50% of all business he brings in as well as a base salary. As part of the deal, LA Fitness asks Alex to sign a provision saying that if he is assaulted by anybody in the gym that he waives his right to sue LA Fitness and can only go after the individual who assaulted him instead. Is this provision enforceable? Yes, because Alex can still sue the individual who committed the wrongful act Yes, because Alex was paid valid consideration for this agreement Yes, because Alex had the right to reject this provision but agreed to it instead No, because companies cannot contract around gross negligence or intentional torts
Answer (1)
The correct answer is:No, because companies cannot contract around gross negligence or intentional torts.Here’s why: While employers can sometimes limit liability for ordinary negligence through waivers, the law does not allow a business to avoid responsibility for things like intentional harm, gross negligence, or failure to provide a reasonably safe workplace. If Alex is assaulted in the gym, LA Fitness could still be liable (for example, for negligent security or unsafe conditions). A contract provision waiving that liability would be unenforceable because it goes against public policy[tex].[/tex]
