SHAW v. PREMIER HEALTH AND FITNESS CENTER, INC.

No. 1D05-6191.

937 So.2d 1204 (2006)

Mimi SHAW and her husband Perry Shaw, Appellants, v. PREMIER HEALTH AND FITNESS CENTER, INC., Appellee.

District Court of Appeal of Florida, First District.

September 18, 2006.


Attorney(s) appearing for the Case

Benjamin D. Rust, Tallahassee, for Appellants.

Ganesh Chatani of Fowler White Boggs Banker, P.A., Tallahassee, for Appellee.


THOMAS, J.

Appellants, Mimi and Perry Shaw, appeal the trial court's ruling granting final summary judgment in this negligence action. The sole issue on appeal is whether the trial court erred in finding that the waiver provision contained in the Membership Agreement clearly and unequivocally released Appellee from liability for its own negligent acts. We find that the waiver provision did clearly and unequivocally release Appellee from liability for its own negligence...

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