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 handle disengaged, causing dental and jaw injuries. He had signed a contract with a general exculpatory clause releasing the club from "any and all claims" but did not explicitly mention negligence. The trial court submitted the clause's effect to the jury, which found for Alack, and the club appealed.
Issue
Did a general exculpatory clause, which did not explicitly use terms like "negligence" or "fault," effectively release the health club from liability for its own future negligence as a matter of law? Was the trial court's decision to affirm the jury's verdict and deny motions for a new trial on damages or punitive damages correct?
Holding
The court held that the exculpatory clause was ambiguous and did not insulate the health club from liability for future negligence because it lacked explicit terms like "negligence" or "fault." The trial court correctly denied the health club's request for a directed verdict and Alack's motions for a new trial on damages and punitive damages. The judgment of the trial court was affirmed.
Rule
Exculpatory clauses releasing a party from its own future negligence are disfavored and strictly construed. To be effective, such clauses must use clear, explicit, unambiguous, unmistakable, and conspicuous language, specifically mentioning "negligence" or "fault" or their equivalents, to clearly notify a party of the waiver. General language like "any and all claims" is insufficient.
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