July 22, 2019

July 19, 2019

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Exculpatory Release Protected Illinois Fitness Center and Its Instructor

Plaintiff severely injured her wrist after falling from a riser during a personal training session at the defendant's fitness center. The membership agreement plaintiff signed provided the center and its employees "will not be liable in lawsuits including negligence lawsuits brought against them by members or their guests." Plaintiff claimed the release should not apply to dangerous equipment or faulty instruction. The trial court disagreed and entered summary judgment for the defendant.

The First District affirmed. The release included injuries caused by bad equipment. Also that a member could be injured during a personal training session due to inadequate or faulty instruction. Not all advice is good, even when professionally given. Cox v. U.S. Fitness, LLC, 2013 IL App (1st) 122442.

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