Powell v. American Health Fitness Center of Fort Wayne, Inc.

OPINION

SHARPNACK, Chief Judge.

Freda Powell appeals a summary judgment granted to American Health Fitness Centers of Fort Wayne (“American Health”). Powell raises several issues which we consolidate and restate as whether the exculpatory clause in the contract between American Health and Powell released American Health from any liability for injuries Powell sustained while on its premises allegedly caused by the negligence of American Health. We reverse and remand.

The facts most favorable to Powell, the nonmoving party, follow. On September 16, 1993, Powell signed a membership agreement…