Plaintiff was injured when the handlebars of a stationary
bicycle, which she was riding in a "spinning" class at a private
fitness club, abruptly became detached. She sued the club for
negligence. The club asserted that it was absolved from
liability because of a non-negotiable exculpatory agreement that
plaintiff had signed when she joined the club.
We found the exculpatory agreement enforceable in
insulating the club from liability for ordinary negligence
concerning the safety of its exercise equipment. The agreement
did not and could not, as a matter of public policy, shield the
club from more extreme conduct such as reckless, willful,
wanton, or palpably unreasonable acts or omissions diminishing
the safe condition of its equipment. Because the present
scenario did not involve such extreme conduct, we affirm summary
judgment in favor of the club.
Chase Smith assistant editor
