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Recovery for Slippery Aerobics Injury Barred by Injury Release Clause
Description Health club member could not sue club for negligence for injury she sustained when she fell on a slippery mat used for slide aerobics. Injury release clause in club membership contract was valid even if it was not highlighted and did not specify negligence or types of injuries covered.
Topic Torts
Key Words Negligence; Contractual Release
C A S E   S U M M A R Y
Facts Plaintiff was a member of a health club. She was injured when she slipped and fell on a slippery mat used for slide aerobics. She sued the health club for negligence for using such slippery mats. The club noted that her membership contract contained a liability release for injuries sustained during exercise. Trial court dismissed the case; plaintiff appealed.
Decision Affirmed. The release clause in her membership contract barred recovery for personal injuries of this nature. The fact that the clause did not specify negligence, and even though the release clause was not highlighted, does not matter. Plaintiff knew or had the capacity to understand the provisions of the contract and the injury was the kind within the parties' contemplation. The courts look to the intent of the parties as it appears in the release forms, not to the details of the language as to the exact kind of injury suffered.
Citation Sanchez v. Bally's Total Fitness Corp., 79 Cal.Rptr.2d 902 (Ct. App., 2 Dist., Calif., 1998)

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