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LUND v. BALLY'S AEROBIC PLUS, INC.

No. B127903.

93 Cal.Rptr.2d 169 (2000)

78 Cal.App.4th 733

Ellen LUND, Plaintiff and Appellant, v. BALLY'S AEROBIC PLUS, INC., et al. Defendants and Respondents.

Court of Appeals of California, Second District, Division Six.

February 28, 2000.

Attorney(s) appearing for the Case

Steven W. O'Reilly, Torrance, and Charles B. O'Reilly, Marina Del Rey, for Plaintiff and Appellant.

Anthony J. Ellrod and Steven J. Renick, Manning, Marder & Wolfe, Los Angeles, for Defendant and Respondent.

YEGAN, J.

The modern health or fitness club is a place where a person can attain physical health and fitness. It is also a place where a person can get hurt. For this reason, most, if not all, health clubs require patrons to assume the risk of physical injury associated with body building and aerobic conditioning. As we shall explain, here the waiver and release of liability operates as an effective written assumption of the risk which bars recovery.

Ellen...

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