Zipusch

Yoko Zipusch appeals from a summary judgment entered in favor of Northridge GG, Inc. (Northridge), in her negligence action for personal injuries sustained when her foot became stuck to a sticky substance on a treadmill at a health club owned by Northridge. Zipusch contends the trial court erroneously concluded there were no triable issues of material fact regarding two matters: first, whether the liability release contained in the signed membership agreement exculpated the health club from its own negligence; and second, whether the health club negligently failed to inspect and clean its exercise equipment. On de novo review, we conclude (1) the release is too ambiguous to insulate the health club from liability to Zipusch for its own negligence, and (2) triable issues of material fact exist regarding whether the health club negligently failed to inspect and maintain its exercise equipment. Accordingly, we reverse the judgment and remand the matter for further proceedings.

FACTS AND PROCEEDINGS BELOW

Zipusch signed a “Membership Agreement” in October 2004 and thereafter became a member of LA Workout. The double-sided membership agreement contains a readily identifiable…