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Texas Court Upholds Waiver and Release in Health Club Contract

April 10, 2015

Hanszen Laporte successfully represented Bally Total Fitness at both the trial and appellate courts and obtained a significant opinion upholding the waiver and release provision in Bally’s membership agreement.

In Ruben Grijalva v. Bally Total Fitness Corporation, Ruben Grijalva alleged that he injured himself while working out at Bally. He claimed that he caught his finger between his own weights and those set on the floor by another member, who was working out nearby. The trial court granted Bally’s summary judgment, and Grijalva appealed that judgment. On appeal, the First District Court of Appeals ruled in Bally’s favor and upheld the waiver and release provision in Bally’s membership agreement, which Grijalva signed when he joined Bally.

Read the appellate court’s full memorandum opinion here.

This decision represents a significant ruling for fitness and recreational sports centers.

Hanszen Laporte LLP is an AV Preeminent-rated and a 2015 top-ranked law firm based in Houston, Texas specializing in litigation, business and real estate.

For further information or questions, contact Anthony Laporte at 713.522.9444 or alaporte@hanszenlaporte.com.

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