Civil Litigation & Procedure - Releases - Superior Court of Pennsylvania

Summary of Pennsylvania Decisions

Nissley v. Candytown Motorcycle Club, Inc. 2006 PA Super 349 (December 6, 2006)

Holdings: A Release and Indemnity Agreement (exculpatory clause) in a membership application is valid if it (1) does not contravene public policy; (2) was between persons and related to their own personal affairs; and, (3) the agreement was not a contract of adhesion. To relieve a party of liability, the exculpatory agreement (1) must be construed strictly since it is not favored by law; and, (2) must spell out the intention of the parties with the greatest of particularity and show the intent to release from liability beyond doubt by express stipulation.