Tag Archives: Porky’s

Test Your Legal IQ: Predict Whether the Court Enforced this Waiver

By Doyice Cotten

Many waivers, even otherwise well-written ones, fail because the language can be interpreted in two ways. This case provides us with a good example of such a waiver (Fresnedo v. Porky’s Gym III, 2019). The judges read the waiver and came up with two diametrically opposed interpretations. Here are the facts of the incident, some pertinent Florida waiver rulings, the waiver itself, and the arguments of the two sides – one saying the plaintiff clearly waived his right to redress;