Castro v. Fitness International, LLC

01.02.2019

Fitness International filed a Motion for Summary Judgment on the grounds that Plaintiff  granted agency to his daughter to sign a membership agreement thereby binding Plaintiff to the waiver contained therein. 

Defendant was able to convince the court that regardless of the agency determination at the time the membership agreement was executed by Plaintiff’s daughter in Plaintiff’s presence, Plaintiff was afforded the benefits of the agreement under the contract and continues to obtain such benefits today. 

Based on the foregoing, the Court agreed that Plaintiff ratified the agreement and is bound by the waiver.  Finding no viable claim of gross negligence, the Court granted the Defendant's Motion for Summary Judgment.