Leon

— Carlos A. Leon appeals a summary judgment entered in favor of Family Fitness Center (#107), Inc. (Family Fitness) in his negligence action for personal injuries sustained when a bench collapsed beneath him while using the sauna at Family Fitness. Leon contends the trial court erroneously concluded there were no triable issues of material fact regarding whether the liability release contained in the retail installment contract he signed was legally adequate to exculpate Family Fitness from its own negligence and whether the release was obtained by fraud or overreaching in its inception. On de novo review, we conclude the purported release is neither sufficiently conspicuous nor unambiguous to insulate Family Fitness from liability to Leon for injuries received when its sauna bench collapsed. Accordingly, we reverse the judgment and remand the matter for further proceedings.

Factual and Procedural Background

Carlos Leon signed a “Club Membership Agreement (Retail Installment Contract)” on June 1993 and thereafter became a member of Family Fitness. The membership agreement is a legal-length single sheet of paper covered with writing front and back. The front page is…