Leon v. Family Fitness Center

71 Cal. Rptr. 2d 923 (1998)

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Leon v. Family Fitness Center

California Court of Appeal
71 Cal. Rptr. 2d 923 (1998)

SC

Facts

Carlos Leon (plaintiff) was a member at Family Fitness Center (Family Fitness) (defendant). Upon joining, Leon signed a membership agreement that included releasing Family Fitness of all liability in the event Leon was injured while participating in a sport, exercise, or activity in the gym. The agreement consisted of a legal-sized piece of paper, with writing on both sides. The release provision was at the bottom of the left column on the front page. This column contained 90 lines of text, all the same size and font. The release provision was not set off by a heading or title of any kind. One day, while Leon was sitting on a bench in the gym’s sauna, the bench collapsed, causing him injury. Leon sued Family Fitness for his injuries. The trial court granted Family Fitness summary judgment based on the release in the membership agreement. Leon appealed.

Rule of Law

Issue

Holding and Reasoning (Work, J.)

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