Weck and Erney Secure Summary Judgment For Fitness Facility at Arbitration
Clausen Miller partner James M. Weck and associate Jeffrey M. Erney obtained summary judgment in binding arbitration on behalf of a fitness industry client. Claimant, a guest at the client’s fitness center near Indianapolis, Indiana, alleged that he sustained injuries when a chair collapsed in the lobby causing him to fall. Before entering the facility, the Claimant agreed to and signed a guest waiver of liability acknowledging the risks associated with the use of the facility and premises and agreeing not to sue or hold the fitness center liable for any injury, whether related to exercise or not.
The Claimant argued that the guest waiver did not cover the lobby furniture and further claimed that he did not remember signing the waiver. He asserted that the waiver applied only to exercise-related equipment and activities. The fitness center countered that the waiver bore his name and email, which the facility would not have unless Claimant provided the information when electronically signing the guest waiver. The Arbitrator agreed with Respondent’s argument that the guest waiver’s language was unambiguous and broad enough to cover the entire facility, including the lobby and that the Claimant’s argument was insufficient to refute the signature’s validity, concluding that the fitness center would not possess Claimant’s email without his input.
James M. Weck
Jeffrey M. Erney