Seigneur joined the NFI, a health and fitness facility, to lose weight and become fit.She was in poor physical condition and had back problems that she discussed with NFI prior to signing a contract with the facility.The contract she ultimately signed contained a clause that said NFI was not responsible for injuries sustained during exercise.Seigneur claimed that she tore a muscle I her shoulder while doing a series of test to evaluate her physical condition.The tear required surgery to be repaired, and her surgeon state that he believed the injury was caused by her using an upper-torso weight machine during her fitness evaluation.She sued NFI for negligence.NFI files a motion for summary judgment on the basis of the exculpatory clause.The trail court granted NFI's motion, and Seigneur appealed.

Do you believe the appellate court upheld the motion for summary judgment?

Why or why not?

• Identify the parties involved in the case dispute (who is the plaintiff and who is the defendant).
• Identify the facts associated with the case and fact patterns.
• Develop the appropriate legal issue(s) in question (i.e., the specific legal issue between the two parties).Provide a judgment on who should win the case - be clear.
• Support your decision with an appropriate rule of law.

[Seigneur v. National Fitness Institute, Inc. , 752 A.2d 631 (Ct. App. Md. 2000).]