Legal Question in Business Law in Maryland

Contracts

My pool membership is up for renewal and they are requiring members to sign a contract releasing them from all liability even if they are found to be negligent. It also says by signing you agree to pay their fees should you choose to sue anyway. It must be signed in order to join, but would it be binding and hold up in court if they were truly negligent?


Asked on 3/29/07, 6:14 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Contracts

As outrageous as this seems, the MD courts have upheld similar language in a fitness club agreement. The court reasoned that the consumer has his choice of clubs so wasn't forced to join this particular one.

It wasn't clear from your question, but if your pool membership is part of your housing complex, you might be able to distinguish your situation from the fitness club case. You would argue that your pool is designed for residents of your development, so it's not on equal footing with some swim club 5 miles away.

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Answered on 4/05/07, 2:00 pm


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