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

April 1, 2017
Toro v. Fitness Int'l LLC, 150 A.3d 968 (Pa. Super. 2016)

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, 2nd Quarter, April 2017

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