Exculpatory clause in gym membership agreement valid even if not read.

An exculpatory clause in a membership agreement for a recreational facility, such as a gym, is valid even if the member did not read the agreement before signing it. The court found that the agreement the plaintiff engaged in was a voluntary athletic or recreational activity and, therefore, the exculpatory clause was not contrary to public policy. It was not considered a contract of adhesion because the plaintiff was under no compulsion to participate and the membership agreement specifically stated that the signer acknowledged that he read and understood the entire agreement.

_{Case Law Alerts, 2^nd Quarter, April 2017}

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