In Boshyan v. Private I. Home Inspections, Inc., 2014 IL App (1st) 287715, the First District examines the interplay between a liquidated damages provision and limitation of liability language in a written home inspection contract. The plaintiff home buyer sued his home inspector for breach of contract after the plaintiff encountered property defects after he moved …
Tag Archives: exculpatory clause
Fitness Formula Club’s Contractual Release Defeats Member’s Personal Training Mishap (The ‘The Beach is That-A-Way’ Post)
This one’s just in time for the annual blizzard of new gym memberships and personal training sign-ups each January seems to bring. Cox v. US Fitness, LLC d/b/a Fitness Formula Club, 2013 IL App (1st) 122442, examines whether a gym (FFC) membership agreement’s liability release is enforceable against a gym patron who sued after she broke her wrist while attempting an exercise during …
Contractual Exculpatory Provisions and Procedural and Substantive Unconscionability – Some Illinois Bullet-Points
Exculpatory and limitation of damages provisions are staples of commercial transactions; especially in the service contract setting. The former shields a contracting party from all liability (“if something goes wrong, I’m not responsible”), while the latter caps a party’s monetary damages (“if something goes wrong, my maximum liability is $100”). For decades, cases across the land have grappled …