Florida precedent case .
Theis v. J & J RACING PROMOTIONS, 571 So. 2d 92 – CourtListener.com
While exculpatory clauses are not looked upon with favor, they are valid and enforceable when clear and unequivocal. Charles Poe Masonry, Inc. v. Spring Lock Scaffolding Rental Equipment Co., 374 So. 2d 487 (Fla. 1979); University Plaza Shopping Center, Inc. v. Stewart, 272 So. 2d 507 (Fla. 1973); L. Luria & Son, Inc. v. Alarmtec International Corp., 384 So. 2d 947 (Fla. 4th DCA 1980); Middleton v. Lomaskin, 266 So. 2d 678 (Fla. 3d DCA 1972).
The release and waiver signed by the decedent clearly excused appellees from liability for acts or omissions resulting from their own negligence "or otherwise." Since the term "negligence" as used in the release is not limited, it must be construed as intended to encompass all forms of negligence, simple or gross. A release using similar language has been held to exculpate from gross negligence, with only intentional torts not being held subject to such an exculpatory clause. L. Luria & Son, Inc. v. Honeywell, Inc., 460 So. 2d 521 (Fla. 4th DCA 1984).
The summary judgment is affirmed.
LEHAN and THREADGILL, JJ., concur.