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Avant v. Community Hospital4/12/2005
se specifically or explicitly refer to the negligence of [the Club]. As a matter of law, the exculpatory clause did not release [the Club] from liability resulting from injuries [Powell] sustained while on its premises that were caused by its alleged negligence. Therefore, the exculpatory clause is void to the extent it purported to release [the Club] from liability caused by its own negligence.
Id. at 761-62.
Avant argues that we should reach the same conclusion here because the Fitness Pointe Release was similarly nonspecific as to the issue of indemnification for negligence. We disagree. As discussed above, an exculpatory clause need not include the word "negligence" so long as it conveys the concept specifically and explicitly through other language. Moore, 583 N.E.2d at 146. The clause at issue in Powell failed in both respects. In contrast, the plain language of this Release was specific and explicit as to Avant's agreement to indemnify Fitness Pointe for its negligence, including negligent acts of its employees. When Avant signed the Release, he knowingly and willingly accepted that burden. Therefore, the trial court did not err by granting Fitness Pointe's motion for summary judgment.
Affirmed.
RILEY, J., and ROBB, J., concur.
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