MO STATESupreme Court of Missouri
1996

Alack v. Vic Tanny International of Missouri, Inc.

923 S.W.2d 330Supreme Court of Missouri • Decided 1996Enforced
FLAGSHIPBroad IndemnificationCited 120 times

HOLDING

A health club member was injured by faulty equipment and sued despite signing a contract with a broad release clause. Missouri's Supreme Court ruled that vague release language—even if it says 'any and all claims'—cannot block negligence lawsuits unless the word 'negligence' or 'fault' appears clearly and conspicuously in the contract. The court enforced the negligence claim and upheld a $17,000 judgment. For subcontractors, this means overly broad indemnity clauses without specific negligence language may not protect you from liability claims.

KEY FINDINGS

Broad Indemnification

Generic release language like 'any and all claims' is not enough to waive negligence liability—you must use the word 'negligence' or 'fault' explicitly and prominently

FULL COURT OPINION