Law Case

McOskar Enterprises, Inc. owns and manages a health and fitness center identified as “Curves for Women”. Tammey J. Anderson, the complainant, joined Curves on April 2, 2003. As part of the joining process Anderson signed a release of liability agreement. This agreement released Curves from any liabilities related to injuries that might be sustained by contributing in any activities or through the use of equipment. The agreement also stated that participants agreed to all risks of death or injury that could occur, Anderson read and signed the agreement of terms with Curves. After completing the liability agreement, Anderson began working out under the observation of a Curves’ trainer using the machines within the facility. During the workout Anderson notified the trainer that she began to feel pain in her neck, shoulder and arm, but finished her workout. She continued to feel the pain when she got home and pursued medical attention. As part of her prescribed medical treatment she was sent for a course a physical therapy. In June 2003 Anderson underwent a cervical discectomy, a procedure used to treat nerve or spinal cord compression. After her procedure Anderson sued Curves, claiming negligent acts during her workout. Anderson v. McOskar Enterprises, Inc., 712 NW 2d 796 (Minn. 2006).
Anderson contends that the release she signed is unenforceable because it is ambiguous in scope and contravenes public policy. One of the main issues that need to be addressed is whether the release is legally enforceable? Areas to be reviewed and addressed are is if the contract is ambiguous in scope, if the release breaks public policy, and if the release protects Curves from negligence. “Parties to a contract may, without violation of public poli...

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...nd obligations to her. By signing both parties expressed their clear intent related to the release of liability, and the release plainly clears Curves of any liability for negligence. In reviewing the facts, issues, and documents that were involved in the Anderson v. McOskar Enterprises, Inc. case it is clear that Curves should not be accused of having an ambiguous release form, and that they should not be held liable for any type of negligence. Curves release of liability does not breach public policy and supports the defense that the release is not legally ambiguous. The district court made the correct decision by not holding Curves liable for any wrong doing in the case. Anderson signed and agreed to a release of Curves of their liability for negligence and that alone makes it impossible for Anderson to sue Curves for any form of liability, including negligence.