The Fourth District Court of Appeal has reversed a summary judgment for national gym chain Fitness International LLC—known as LA Fitness—ordering the trial court to decide whether a pop-up window on a computer tablet prevented the plaintiff in a personal injury case from reading an exculpatory clause in his contract.

Plaintiff Jeffrey Savoia sued his Hollywood gym and its manager in 2017, claiming he was injured after slipping on cleaning product employees had sprayed to remove mildew from bathroom shower curtains. The defendants denied any wrongdoing, and Broward Circuit Judge Jeffrey R. Levenson found Savoia had waived his claim when he signed an electronic membership agreement.

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