Gayon v. Bally's Total Fitness Corp., 802 So. 2d 420 (Fla. 3d DCA 2001). · Go Syfert
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Gayon v. Bally's Total Fitness Corp., 802 So. 2d 420 (Fla. 3d DCA 2001). Cases Citing This Book View Copy Cite
15 citation events (15 in the last 25 years) across 3 distinct courts.
Strongest positive: Fresnedo v. Porky's Gym III (fladistctapp, 2019-04-24)
Top citers, strongest first. 6 distinct citers.
discussed Cited as authority (rule) Fresnedo v. Porky's Gym III
Fla. Dist. Ct. App. · 2019 · confidence medium
See 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 wording was so clear and understandable that an ordinary and knowledgeable person will know what he or she is contracting away”); Diodato v. Islamorada Asset Mgmt., Inc., 138 So. 3d 513, 517 (Fla. 3d DCA 2014) (reiterating the “well-settled principle that [exculpatory] clauses are disfavored and are narrowly construed” and reversing summary judgment where …
discussed Cited as authority (rule) Stacy Sanislo v. Give Kids The World, Inc. (2×)
Fla. · 2015 · confidence medium
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.
discussed Cited as authority (rule) UCF Athletics Ass'n v. Plancher
Fla. Dist. Ct. App. · 2013 · confidence medium
While 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 Raveson v. Walt Disney World Co., 793 So.2d 1171 (Fla. 5th DCA 2001), “the ability to predict each and every potential injury is unattainable and is not required to uphold an exculpatory provision within a release.” Give Kids the World, Inc. v. Sanislo, 98 So.3d 759 (Fla. 5th DCA 2012), rev. granted, No. SC12-2409, 2013 Fla. LEXIS 1249 (Fla. June 3, 2…
discussed Cited as authority (rule) Tatman v. SPACE COAST KENNEL CLUB, INC.
Fla. Dist. Ct. App. · 2009 · confidence medium
The 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 World Co., 793 So.2d 1171 (Fla. 5th DCA 2001).
cited Cited "see" Carl Delano Torjagbo v. United States
11th Cir. · 2008 · signal: see · confidence high
See Gayon v. Bally’s Total Fitness Corp., 802 So.2d 420 (Fla. 3d DCA 2001); Hopkins v. The Boat Club, Inc., 866 So.2d 108 (Fla. 1st DCA 2004).
discussed Cited "see, e.g." Obsessions in Time v. Jewelry Exchange Venture
Fla. Dist. Ct. App. · 2018 · signal: see also · confidence medium
See also Gayon v. Bally’s Total Fitness Corp., 802 So. 2d 420, 421 (Fla. 3d DCA 2001) (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”).
Osvaldo GAYON, Appellant,
v.
BALLY'S TOTAL FITNESS CORPORATION, Appellee.
3D01-425.
District Court of Appeal of Florida, Third District.
Dec 5, 2001.
802 So. 2d 420
Green, Shevin and Sorondo.
Cited by 10 opinions  |  Published

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.