Sanchez

Introduction

Plaintiff Kathleen Sanchez sued defendant Bally’s Total Fitness Corporation in negligence for injuries sustained during a slide aerobics class. The trial court granted defendant’s motion for summary judgment on two separate and independent grounds: (1) plaintiff’s claim was barred by the doctrine of primary assumption of the risk; (2) plaintiff’s claim was barred by a release she executed when she joined the health club five years earlier. We conclude the court properly granted summary judgment pursuant to the terms of the release of liability. We therefore affirm the judgment.

Factual Background

Plaintiff, a senior real estate officer for the Metropolitan Transportation Authority, first joined the health club in June 1990. Her application for membership contained the following clause: “Accidents/Injury: The member agrees that all exercises and use of the fitness centers are undertaken by the member at the sole risk of the member, and that the fitness center shall not be liable for any claims for injuries or damages whatsoever to person or property of the member or of a guest of a member arising out of or connected with the use of the fitness center.…