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STELLUTI v. CASAPENN ENTERPRISES

No. A-3780-07T2.

975 A.2d 494 (2009)

408 N.J. Super. 435

Gina STELLUTI, Plaintiff-Appellant, v. CASAPENN ENTERPRISES, LLC, d/b/a Powerhouse Gym, Defendant-Respondent, and ABI Property Partnership, d/b/a Pavilion Center and Star Trac Fitness, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided July 29, 2009.

Attorney(s) appearing for the Case

Edward A. Genz argued the cause for appellant (Montenegro, Thompson, Montenegro & Genz, P.C., Brick Town, attorneys; Mr. Genz, on the brief).

Russell S. Massey argued the cause for respondent (Billet & Associates, LLC, attorneys; Robert Douglas Billet, Philadelphia, PA, on the brief).

Before Judges CARCHMAN, COLEMAN and SABATINO.

The opinion of the court was delivered by

SABATINO, J.A.D.

We consider in this appeal the scope and enforceability of exculpatory provisions in a form contract of a fitness club. In that non-negotiable agreement, the club disclaimed liability for "all injuries which may occur" as a result of, among other things, its member's "use of all amenities and equipment," his or her "participation in any activity," "the sudden and unforeseen malfunctioning of any equipment...

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