(Answered) : Recently Pennsylvania Superior Court Addressed Validity Exculpatory Clause Within Gym Memb Q28870898

Recently, the Pennsylvania Superior Court addressed the validityof an exculpatory clause within a gym membership agreement.Exculpatory clauses and waivers of liability are enforceable,provided they are conspicuous. In certain circumstances, the waiverprovision can be enforced even when it is unread, if a reasonableperson should have noticed the clause

In this case, Melinda Hinkal asserted anegligence claim against Gavin Pardoe, a personal trainer workingat Gold’s Gym. Ms. Hinkal also brought respondeat superior claimsagainst Gold’s Gym and TRT Holdings (Defendants).

While exercising at the gym under Mr. Pardoe’s direction, Ms.Hinkal alleged that she suffered an injury that ruptured a disc inher neck, requiring two separate