Grebing

Plaintiff Timothy Grebing was injured while exercising at defendant 24 Hour Fitness USA, Inc.’s (24 Hour) facility in La Mirada, California. He appeals from the judgment entered after the trial court granted 24 Hour’s motion for summary judgment. The court ruled that Grebing had signed a valid release of liability and 24 Hour did not act with gross negligence. In his appeal, Grebing contends (1) the release cannot relieve 24 Hour of liability for gross negligence, and there is a triable issue of fact whether 24 Hour was grossly negligent; (2) the release does not relieve 24 Hour of liability for its own negligence; and (3) 24 Hour was in the chain of distribution and therefore can be liable based on products liability. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

1. Factual Background

24 Hour operates health clubs under the name 24 Hour Fitness. Grebing became a member of 24 Hour Fitness on November 10, 2011. On this date, he signed a membership agreement which included a provision with the heading “Release of Liability — Assumption of Risk — Buyer’s Right to Cancel — Communications—Agreement Term.” The provision stated: “Using the 24 Hour Fitness USA, Inc. (24 Hour)…