Spa Day

After having signed a release, plaintiff was injured during a complimentary one-hour training session at defendant-spa. The First Department held that the release was void as against public policy, in Debell v. Wellbridge Club Management, which was decided on May 3, 2007. The statute is General Obligation Law § 5-326, which declares unenforceable a release entered into with a place of amusement or recreation, as opposed to one which offers services which are instructional in nature and design. The court said that it did not matter that the actual injury was suffered during a training session, arguably instructional, since defendant-spa did not hold itself out as a training center.