Sandra C. Schlobohm v. Spa Petite

1. Exculpatory clauses are strictly construed against the party they benefit because they are not favored by the court and a clause that is ambiguous in scope or purports to release a person for intentional, willful or wanton acts is not enforceable. 2. Other jurisdictions have adopted a two-prong test for determining whether exculpatory clauses are invalid as contrary to public policy: (1) whether there was a disparity of bargaining power between the parties; and (2) the types of services being offered or provided.