Nasser

I. BACKGROUND

Except as noted, the following facts were undisputed for purposes of the summary judgment proceeding. In February 2004, Naser signed a membership agreement (Agreement) with Lakeridge and became a member of the club. The Agreement stated on its first page in bold print: “The Member is fully aware of the potential dangers incidental in engaging in the activity and instruction of exercise activities (such as weight lifting, bodybuilding, aerobic dancing, and any other exercise activity). In consideration of permitting this member to join this Club or to participate in exercise activity and/or instruction at these premises (including the entire indoor area and outdoor parking area), the Member agrees to voluntarily assume all liability and to indemnify [Lakeridge] for any death, injury, or damage suffered by any person, including the Member, arising out of the Member’s activities at [Lakeridge] even if death, injury, or damage is caused by [Lakeridge’s] own passive or active negligence.” (Boldface omitted.) Immediately below this release of liability (Release) and just above Naser’s signature on the first page of the form, the Agreement stated in bold print: “The…