Tina Marie Lund, as conservator of the Honorable Fred Karasov v. Calhoun Orange, Inc. d/b/a Orange Theory ...

Syllabus

A contractual provision that shields a party from future liability for their own negligent acts is subject to strict construction and is enforceable only when the provision clearly and unequivocally states the parties' intent that the contract shift liability for the party's own negligent acts. If a contract includes two clauses that both contain liability- shifting language, those two clauses must be read together to determine whether the entire document manifests a clear and unequivocal intent to encompass liability arising from acts of negligence. Affirmed.