Leon, a bank vice president, joined Fitness Center, Inc. (FC). He signed a contract for the membership. The contract stated, among other things, an exculpatory clause that FC...
"shall not be liable for any claim, demand, cause of action of any kind whatsoever for, or on account of 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..."
Leon sustained back injuries when a treadmill on which he was walking collapsed at FC. Leon sued FC for his injuries.
Discuss:
• the legal claim for which Leon should sue FC and why the claim is applicable to this case
• the most likely outcome of Leon's lawsuit and why