By Doyice Cotten
In Hinkal v. Gavin Pardoe & Gold’s Gym (2015), Melinda Hinkal was injured while a client of a Pennsylvania health club. She had signed a membership agreement containing a waiver of liability. While working with a personal trainer, she suffered a back injury and filed a negligence claim.
The major issue in the case was whether the waiver language was sufficiently conspicuous to be enforceable.
The Gold’s Gym membership agreement is printed on a single,