PETRY v. COSMOPOLITAN SPA INTERN., INC.


641 S.W.2d 202 (1982)

Shirley PETRY, Appellant, v. COSMOPOLITAN SPA INTERNATIONAL, INC., and Holiday Spa of Tennessee, Inc., Appellees.

Court of Appeals of Tennessee, Eastern Section.

Permission to Appeal Denied September 13, 1982.


Attorney(s) appearing for the Case

Richard A. Schulman of Reingold, Powers, Schulman & Robbins, Chattanooga, for appellant.

Samuel F. Robinson, Jr., of Robinson, Stanley & Burnette, Chattanooga, for appellees.


Permission to Appeal Denied by Supreme Court September 13, 1982.

OPINION

PARROTT, Presiding Judge.

On August 8, 1978, appellant Shirley Petry contracted with Appellee, Cosmopolitan Spa International, Inc. (Cosmopolitan), for a membership in its spa which was to include "processing, program counseling and facilities usage... ." The written contract contained the following exculpatory clause:

"Member represents that he or she is in good physical...

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