Shortly after answering for our client’s Tae Kwon Duo studio, we moved to dismiss the infant’s compalint based on the language in the agreement signed by the infant’s mother that released our client from any claims of negligence that might occur in the future while the infant was on the premises.
Mr. Lichtenstein argued that as a condition of membership, the plaintiff executed a Membership Agreement which contained a well-disclosed and broad based release and waiver of liability of liability including any bodily injury that occurred during the course of instruction or while on the premises even if such injury was caused by the negligence of the insured or its purported negligence.
He argued that the release and waiver of liability was fully enforceable pursuant to New York’s General Obligations Law §5-326 given that plaintiff paid a fee for instruction in the martial art of Tae Kwon Do. Mr. Lichtenstein argued that only such agreements that provide for recreation (as opposed to instruction) are prohibited from containing releases for the service provider’s negligence.
The Court issued a decision dismissing the case.