The Delaware Supreme Court was recently asked to examine a release of liability. Ketler v. PFPA, LLC, d/b/a Planet Fitness, No. 319, 2015 (Jan. 15, 2016). Plaintiff, DeShaun Ketler ("Ketler"), filed an action in the Superior Court claiming that he was injured while using exercise equipment at a Planet Fitness facility. Planet Fitness argued to the trial court that Ketler's claim was barred based on a release executed by Ketler that provided,
I understand and expressly agree that my use of this Planet Fitness facility . . . involves the risk of injury to me or my guest whether caused by me or not. I understand that these risks can range from minor injuries to major injuries including death. Inconsideration of my participation in the activities and use of the facilities offered by Planet Fitness, I understand and voluntarily accept this risk and agree that Planet Fitness . . . will not be liable for any injury, including, without limitation, personal, bodily, or mental injury. . . resulting from the negligence of Planet Fitness or anyone on Planet Fitness' behalf whether related to exercise or not. Accordingly, I do hereby forever release and discharge Planet Fitness from any and all claims, demands, injuries, damages, actions or causes of action. I further understand and acknowledge that Planet Fitness does not man, and therefore Planet Fitness may not be held liable for defective products. Id. at 1.
A release that allows a party to avoid liability for its own negligence is permissible in Delaware if it is unambiguous, not unconscionable and not against public policy. Justice Vaughn authored the opinion of the Supreme Court affirming the trial court's decision that this release satisfies these criteria and was sufficient to bar Ketler's claim. The decision may be read in its entirety here.
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