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Seigneur v. National Fitness Institute5/31/2000
REPORTED
In this case, we are asked to examine the enforceability of an exculpatory clause found in a fitness club's contract.
On September 4, 1998, Gerilynne Seigneur and her husband James filed a complaint in the Circuit Court for Montgomery County against National Fitness Institute, Inc. ("NFI"). The Seigneurs asserted that Ms. Seigneur was injured as a result of NFI's negligence while she was undergoing an initial evaluation at a fitness club owned and operated by NFI. NFI filed a motion to dismiss the complaint based on an exculpatory clause found in its contract with Ms. Seigneur. Pursuant to Md. Rule 2-332(c), NFI's motion was treated as a motion for summary judgment because matters outside the pleadings were presented to the court. See also Rule 2-501. The motion for summary judgment was granted, and the Seigneurs filed this appeal in which they presented a single issue, viz: Does the exculpatory clause in the agreement entered into by the parties validly release NFI from all liability for injuries to Ms. Seigneur caused by NFI's negligence? We answer that question in the affirmative.
I. FACTUAL BACKGROUND
NFI is a Maryland corporation operating an exercise and fitness facility on Shady Grove Road in Rockville, Montgomery County, Maryland. On January 30, 1996, Ms. Seigneur, after deciding to begin a weight loss and fitness program, joined NFI on a one-month trial basis. She selected NFI over its competitors for several reasons: First, NFI was recommended to her by her chiropractor; second, NFI promoted itself as a fitness club that employed "degreed, certified fitness, clinical exercise and health specialists" and "promised to provide programs that are appropriate for your health status and fitness level"; and third, NFI promised to "provide advice based upon scientific evidence."
When she signed her membership contract, Ms. Seigneur had a history of serious lower back problems, including a herniated disc. Moreover, her general physical condition was poor. These facts were disclosed to NFI prior to the accident.
As part of the application process, Ms. Seigneur was required to complete and sign a document entitled "National Fitness, Inc. Health Programs Participation Agreement" ("the Participation Agreement"). Besides informing the customer of NFI's payment and fee collection policies, this agreement contained the following clause:
Important Information: I, the undersigned applicant, agree and understand that I must report any and all injuries immediately to NFI, Inc. staff. It is further agreed that all exercises shall be undertaken by me at my sole risk and that NFI, Inc. shall not be liable to me for any claims, demands, injuries, damages, actions, or courses of action whatsoever, to my person or property arising out of or connecting with the use of the services and facilities of NFI, Inc., by me, or to the premises of NFI, Inc. Further, I do expressly hereby forever release and discharge NFI, Inc. from all claims, demands, injuries, damages, actions, or courses of action, and from all acts of active or passive negligence on the part of NFI, Inc., its servants, agents or employees. (Emphasis added.)
Ms. Seigneur signed the Participation Agreement on January 30, 1996. Kim Josties, an NFI employee, then performed an initial evaluation of Ms. Seigneur, in which Ms. Seigneur was first directed to perform various flexibility tests. Ms. Josties next directed her to the weight machines for strength testing. Ms. Seigneur worked on the leg extension machine and then the bench press. She made no complaints after using either of these devices. Ms. Seigneur next used an upper torso weight machine. Ms. Josties
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