Jeff is a new member of Wellness Fitness Center, Inc. (Wellness). He signed a contract for the membership. The contract stated, among other things, an exculpatory clause that Wellness...
"shall not be liable for any claim, demand, cause of action of any kind whatsoever for, or because death, personal injury, property damage or loss of any kind resulting from or related to Member's use of facilities or participation in any sport, exercise or activity within the club premises..."
While working out at Wellness, Jeff was walking slowly on a stair climber machine that suddenly and spontaneously started moving at top speed. Jeff was thrown from the stair climber and broke his leg. Jeff had been using the stair climber properly and according to instructions for use posted on the stair climber.
Discuss:
A. Is the exculpatory clause in the contract valid or invalid in Jeff's case? Why or why not?
B. Possible product liability claim(s) for which Jeff could sue Wellness, and why product liability claims might be applicable to this case.
C. Possible ordinary (non-product liability) negligence claims for which Jeff could sue Wellness and why a negligence claim might be applicable to this case.
1-2 paragraphs each part