The plaintiff alleged she suffered injuries while using a shoulder press machine at a gym and sued the operator for negligence, claiming the machine was defective and not properly maintained.
A jury found that the plaintiff had signed a membership agreement containing waiver provisions and that the defendant took reasonable steps to bring those provisions to her attention.
The trial judge determined the enforceability and scope of the waiver.
The court held that the membership agreement remained in effect through automatic renewal and that the waiver clearly and unambiguously released the defendant from liability for negligence, including claims arising from use of gym equipment.
The waiver was also sufficient to exclude liability under the Occupiers’ Liability Act.
The claim was barred by the waiver.
