Alack v. Vic Tanny International of Missouri, Inc.
923 S.W.2d 330 · Supreme Court of Missouri · 1996
Facts
Plaintiff Alack was injured at Vic Tanny health club when a machine's handle disengaged, causing significant mouth and jaw injuries. Alack had signed a contract with a general exculpatory clause releasing the club from 'any and all claims,' but it did not explicitly mention 'negligence' or 'fault.' The trial court allowed the negligence claim to proceed, and the jury found for Alack.
Issue
Did the general exculpatory clause, which lacked specific language regarding 'negligence' or 'fault,' effectively release the health club from liability for its own future negligence? Was the trial court correct in denying a new trial on damages and refusing a punitive damages instruction?
Holding
The exculpatory clause was ambiguous and did not insulate the health club from liability for its own future negligence because it failed to explicitly use words like 'negligence' or 'fault.' The trial court's denial of a new trial on damages and refusal of a punitive damages instruction were affirmed.
Rule
Exculpatory clauses releasing a party from its own future negligence are strictly construed and must use clear, explicit, unambiguous, unmistakable, and conspicuous language, such as 'negligence' or 'fault,' to be effective. General language like 'any and all claims' is insufficient to waive liability for negligence.
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