December 2007. When she joined, she signed a membership agreement that had a release of liability that

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December 2007. When she joined, she signed a membership agreement that had a release of liability that stated: “24 Hour. will not be liable for any injury, including, without limitation, personal, bodily, or mental injury, economic loss or any damage to you…resulting from the negligence of 24 Hour or anyone on 24 Hour’s behalf or anyone using the facilities whether related to exercise or not.” Ms. Ramirez read, understood, and signed the agreement. About two and a half years later, Ms. Ramirez went to the club to attend a yoga class. While there, she slipped in a puddle of water and/or sweat and was injured. Ms. Ramirez sued, claiming that the release of liability clause was unconscionable because the contract pitted Ramirez, an uneducated person who was not a high school graduate, against a corporation and because the agreement was nonnegotiable. She also argued she had “limited workout options” and that “there surely is a public policy in favor of seeing to it that folks have reasonable access to a safe and clean facility and to retain the right to hold the facility accountable for failing to provide…a safe and clean workout facility.” What resulted and why?

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The Legal And Ethical Environment Of Business

ISBN: 9781454893028

2nd Edition

Authors: Gerald R. Ferrera, Mystica M. Alexander, William P. Wiggins, Cheryl Kirschner, Jonathan J. Darrow

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