Seigneur v. National Fitness Institute, Inc.

752 A.2d 631 (2000)

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Nature of the Case

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Facts

D operates an exercise and fitness facility. Ms. Seigneur (P) after deciding to begin a weight loss and fitness program, joined D on a one-month trial basis. D promoted itself as a fitness club that employed 'degreed, certified fitness, clinical exercise, and health specialists' and 'promised to provide programs that are appropriate for your health status and fitness level.' D also promised to 'provide advice based upon scientific evidence.' P had a history of serious lower back problems, including a herniated disc. Her general physical condition was poor. P was required to complete and sign a document that contained the following clause: Important Information: I, the undersigned applicant, agree and understand that I must report any and all injuries immediately to NFI, Inc. staff. It is further agreed that all exercises shall be undertaken by me at my sole risk and that NFI, Inc. shall not be liable to me for any claims, demands, injuries, damages, actions, or courses of action whatsoever, to my person or property arising out of or connecting with the use of the services and facilities of NFI, Inc., by me, or to the premises of NFI, Inc. Further, I do expressly hereby forever release and discharge NFI, Inc. from all claims, demands, injuries, damages, actions, or courses of action, and from all acts of active or passive negligence on the part of NFI, Inc., its servants, agents or employees. P signed and an employee of D performed an initial evaluation. While attempting to lift a weight with her arms, P felt a tearing or ripping sensation in her right shoulder. P reported this to D's employee but it was ignored and the evaluation continued. After the incident, P claims she has had pain and difficulty using her shoulder. P has undergone shoulder surgery for a condition that her doctor attributed to the use of D's upper torso machine. Ps sued D. D filed a motion to dismiss arguing that the exculpatory clause contained in the Participation Agreement was valid and enforceable. D got summary judgment. P appealed.