Petry v. Cosmopolitan Spa International, Inc.

OPINION

PARROTT, Presiding Judge.

On August 8, 1978, appellant Shirley Pe-try contracted with Appellee, Cosmopolitan Spa International, Inc. (Cosmopolitan), for a membership in its spa which was to include “processing, program counseling and facilities usage.... ” The written contract contained the following exculpatory clause:

“Member represents that he or she is in good physical condition and able to use the equipment provided and to take the exercises recommended by Cosmopolitan. Member fully understands and agrees that in participating in one or more of the courses, or using the facilities…