At page 421 Determining clarity of exculpatory contract language4 citing cases“an ordinary and knowledgeable person will know what he is contracting away.”
- Fresnedo v. Porky's Gym III, 271 So. 3d 1185 (Fla. 3d DCA 2019).publishedSee also Sanislo v. Give Kids the World, Inc., 157 So. 3d 256, 260-61 (Fla. 2015) (holding: “Exculpatory clauses are unambiguous and enforceable where the intention to be relieved from liability was made clear and unequivocal and the wordi…
- UCF Athletics Ass'n v. Plancher, 121 So. 3d 1097 (Fla. 5th DCA 2013).publishedWhile the wording must be so clear and understandable that “an ordinary and knowledgeable person will know what he is contracting away,” id. (quoting Gayon v. Bally’s Total Fitness Corp., 802 So.2d 420, 421 (Fla. 3d DCA 2001)); see also Ra…
- Tatman v. Space Coast Kennel Club, Inc., 27 So. 3d 108 (Fla. 5th DCA 2009).publishedThe wording must be so clear and understandable that “an ordinary and knowledgeable person will know what he is contracting away.” Gayon v. Bally’s Total Fitness Corp., 802 So.2d 420, 421 (Fla. 3d DCA 2001); see also Raveson v. Walt Disney…
- Obsessions in Time v. Jewelry Exch. Venture, 247 So. 3d 50 (Fla. 3d DCA 2018).published(the wording of an exculpatory clause must be so clear and understandable that “an ordinary and knowledgeable person will know what he is contracting away)
At page 420 802 So.2d 420 (2001) Osvaldo GAYON, Appellant, v. BALLY'S TOTAL FITNESS CORPORATION, Appellee. No. 3D01-425. District Court of Appeal of Florida, Third…1 citing case
- Stacy Sanislo v. Give Kids The World, Inc., 157 So. 3d 256 (Fla. 2015).published Cain, 932 So.2d at 578 (citing Gayon v. Bally’s Total Fitness Corp., 802 So.2d 420, 420-21 (Fla. 3d DCA 2001)); Raveson v. Walt Disney World Co., 793 So.2d 1171, 1173 (Fla. 5th DCA 2001); cf. Univ.
Other citing cases
- Carl Delano Torjagbo v. United States, 285 F. App'x 615 (11th Cir. 2008).unpublished
v.
BALLY'S TOTAL FITNESS CORPORATION, Appellee.
Chasin & Baron; Kutner, Rubinoff, Bush & Lerner and Susan S. Lerner, Miami, for appellant.
George, Hartz, Lundeen, Fulmer, Johnstone, King & Stevens and Esther E. Galicia, Fort Lauderdale, for appellee.
Before GREEN, SHEVIN and SORONDO, JJ.
PER CURIAM.
We affirm the final summary judgment. "[Exculpatory] clauses are enforceable only where and to the extent that the[*421] intention to be relieved was made clear and unequivocal in the contract, and the wording must be so clear and understandable that an ordinary and knowledgeable party will know what he is contracting away." Covert v. S. Fla. Stadium Corp., 762 So.2d 938, 940 (Fla. 3d DCA 2000) (quoting Hertz Corp. v. David Klein Mfg., Inc., 636 So.2d 189, 191 (Fla. 3d DCA 1994)), review denied, 786 So.2d 1188 (Fla. 2001). The exculpatory clause in the health club membership contract Gayon signed satisfies the clear and unequivocal language requirement. See Borden v. Phillips, 752 So.2d 69 (Fla. 1st DCA 2000); Banfield v. Louis, 589 So.2d 441 (Fla. 4th DCA 1991). Cf. Fairchild v. W.O. Taylor Commercial Refrigeration & Elec. Co., 403 So.2d 1119 (Fla. 5th DCA 1981) (assuming clause intended as exculpation of liability, clause, printed in very small print and sandwiched between other sentences dealing with performance, is unenforceable). In addition, the application of the public interest test shows that the clause is valid, enforceable and not against public policy. See Goeden v. CM III, Inc., 756 So.2d 1105 (Fla. 3d DCA 2000); Banfield, 589 So.2d at 441.
Affirmed.