Monica Bing, an educated businesswoman-turned-chef, was looking to join a local fitness club, to work off stress after the long hours she puts in at her restaurant, MC Ritzy, which she co-owns with her husband, Chandler Bing. There were many fitness clubs from which to choose near the restaurant, but she settled on the Stay Fit Gym (the “Gym”). She visited the Gym after a long shift seeking to join it. A sales rep handed Monica a 5-page, preprinted form contact. He asked that she fill in the blanks and sign the contract if she agreed to its terms. On the first page of the contract was an exculpatory clause in bold letters that would hold the Gym harmless in the event of injury suffered by the member. Monica completed the contract, and signed and dated it. One evening after a shift, she went to the Gym for a “workout.” As she was walking by the Gym’s swimming pool, she slipped in a puddle and fell. Monica broke her arm and collarbone.

Question: Is the exculpatory clause enforceable? Explain.

Answer rating: 100% (QA)

Answer The exculpatory clause is likely enforceable Exculpatory clauses are generally enforceable in ... View the full answer