Torts — Premises liability — Slip and fall in gym — Contracts — Exculpatory clause — Trial court erred in entering summary judgment in favor of defendant based on exculpatory clause in electronic membership agreement, which was presented to plaintiff on a computer tablet without an accompanying printed contract — Where in version of contract that was printed and placed in record, the contract had three pages; the bottom of the first page indicated that it was “Page 1 of 3” but did not reference exculpatory clause, which was in a box on the second page; and plaintiff’s signature appeared on the bottom of the first page, and plaintiff described contract language as being mostly obscured by a “pop-up” space for his signature, there remained a question of fact as to whether the electronic presentation of the contract prevented plaintiff from reading it — Further, question remained as to whether plaintiff was induced into not reading further by statements of defendant’s employee indicating that the contract consisted of financial terms and membership dates and directing the plaintiff to sign
44 Fla. L. Weekly D2991a
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