Thursday, September 16, 2021

Fitness Center's Exculpatory Release Muscles Out Plaintiff's Claim


In the case of Urena v. L.A. Fitness, No. 20-964 (E.D. Pa. July 29, 2021, Schmehl, J.), Court granted summary judgment in a personal injury case arising out of an injury that occured at a fitness center.

The Court ruled that an exculpatory waiver agreement involving voluntary recreational activities is valid and enforceable. The Court found that the waiver did not implicate any public policy as private recreation does not implicate any public interest.

The Court additionally rejected the Plaintiff’s argument that the agreement was a contract of adhesion since the Plaintiff was under no compulsion to exercise at a gym.

Notably, the Court also ruled that a signed exculpatory clause can not be avoided by a signatory’s claim of an inability to understand English.

Anyone wishing to review a copy of this decision may click this LINK.  The Court's Order in this case can be viewed HERE


I send thanks to Attorney James M. Beck of the Reed Smith Law Firm from Philadelphia for bringing this case to my attention.

Source of Image:  Photo by Samuel Girven on Unsplash.com.

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