Johnson v. Ubar, LLC

¶1 The membership agreement Josephine Anne Johnson signed with Mieko’s Magnolia Fitness contained a provision that waived all risk of loss, damage, or injury and released Mieko’s from liability. Johnson sued Mieko’s after she fell and injured herself while working with a personal trainer. Based on the *535“Waiver and Release” in the membership agreement, the trial court dismissed Johnson’s lawsuit on Mieko’s motion for summary judgment. Because reasonable persons could disagree about whether the Waiver and Release provision in the membership agreement is conspicuous, we reverse and remand for…