blog




  • Essay / Court Case - 945

    McOskar Enterprises, Inc. owns and operates a health and fitness center identified as “Curves for Women”. Tammey J. Anderson, the plaintiff, joined Curves on April 2, 2003. As part of the joining process, Anderson signed a liability release agreement. This agreement releases Curves from any liability related to injuries that may be sustained while contributing to activities or using equipment. The agreement also stipulated that participants accepted all risks of death or injury that might occur. Anderson read and signed the terms agreement with Curves. After entering into the liability agreement, Anderson began training under the observation of a Curves trainer using the facility's machines. During practice, Anderson informed the coach that she began experiencing pain in her neck, shoulder and arm, but completed her workout. She continued to feel the pain when she returned home and sought medical attention. As part of the prescribed medical treatment, she was sent to a course of physiotherapy. In June 2003, Anderson underwent a cervical discectomy, a procedure used to treat compression of the nerves or spinal cord. After his procedure, Anderson sued Curves, alleging negligent acts during his training. Anderson v. McOskar Enterprises, Inc., 712 NW 2d 796 (Minn. 2006). Anderson contends that the waiver she signed is unenforceable because its scope is ambiguous and contravenes public policy. One of the main questions to be resolved is whether the release is legally enforceable? Areas to review and address are: whether the contract is ambiguous in scope, whether the release violates public policy, and whether the release protects Curves from negligence. "The parties to a contract may, without violation of public policy...... middle of paper ...... and obligations towards it. By signing, both parties have expressed their clear intention regarding the waiver of liability, and the waiver clearly relieves Curves of any liability for negligence. In reviewing the facts, issues and documents involved in the case of Anderson v. McOskar Enterprises, Inc., it is clear that Curves should not be accused of having an ambiguous release form and that they should not be held liable of any kind. of negligence. Curves' liability waiver does not violate public policy and supports the defense that the waiver is not legally ambiguous. The district court made the right decision in not holding Curves liable for any wrongdoing in this case. Anderson has signed and accepted a release of Curves from liability for negligence and this alone makes it impossible for Anderson to sue Curves for any form of liability, including negligence..