Who's Signing on the Dotted Line?

A membership card and a previously signed agreement prevented a suit against a facility after an injury.

In an interesting case, a California Court of Appeals ruled that a husband's alleged execution of a release agreement on behalf of his wife prevented her subsequent personal injury lawsuit against a fitness facility. In this case, Brown v. 24 Hour Fitness (Contra Costa County Super. Ct. No. C05-00438), the wife joined the defendant facility in early 2001, and apparently executed a prospective release as part of a membership agreement with the facility. Several months later, she terminated her membership. However, her son acquired a membership for her in the fall of 2001, and her husband allegedly signed her name to the membership agreement, which also contained a release provision. Thereafter, she was provided and subsequently used a membership card that stated, "This membership and card are not transferable and are bound by the terms covered in membership agreement." Apparently, the wife used the membership card on a number of occasions to gain access to the fitness center, its facilities and various amenities prior to March 2003.

Log in to view the full article
Page 1 of 148
Next Page
AB Show 2025 in San Diego
AB Show is a solution-focused event for athletics, fitness, recreation and military professionals.
Nov. 5-8, 2025
Learn More
AB Show 2025
Buyer's Guide
Information on more than 3,000 companies, sorted by category. Listings are updated daily.
Learn More
Buyer's Guide