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GAYON v. BALLY'S TOTAL FITNESS CORP.

No. 3D01-425.

802 So.2d 420 (2001)

Osvaldo GAYON, Appellant, v. BALLY'S TOTAL FITNESS CORPORATION, Appellee.

District Court of Appeal of Florida, Third District.

December 5, 2001.

Attorney(s) appearing for the Case

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 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,...

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