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9. Seigneur joined NFI, a health and fitness facil- ity, to lose weight and becomc fit. She was in poor physical condition and had back

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9. Seigneur joined NFI, a health and fitness facil- ity, to lose weight and becomc fit. She was in poor physical condition and had back problems that she discussed with NFI before signing a con- tract 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 in her shoulder while doing a series of tests to evaluate her physical condition. The tear required surgery to be repaired, and her surgeon stated 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 filed a motion for summary judgment on the basis of the exculpatory clause. The trial court granted NFI's motion, and Seigneur appealed. Do you believe the appellate court upheld the motion for summary judgment? Why or why not? [Seigneur : National Fitness Institute, Inc., 752 A.2d 631 (C1. App. Md. 2000).] 9. Seigneur joined NFI, a health and fitness facil- ity, to lose weight and becomc fit. She was in poor physical condition and had back problems that she discussed with NFI before signing a con- tract 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 in her shoulder while doing a series of tests to evaluate her physical condition. The tear required surgery to be repaired, and her surgeon stated 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 filed a motion for summary judgment on the basis of the exculpatory clause. The trial court granted NFI's motion, and Seigneur appealed. Do you believe the appellate court upheld the motion for summary judgment? Why or why not? [Seigneur : National Fitness Institute, Inc., 752 A.2d 631 (C1. App. Md. 2000).]

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