BJ's Wholesale Club v. Rosen
Annotate this CaseBJ's Wholesale Club, Inc., a commercial wholesale retail center, offered a free supervised play area called the "Incredible Kids' Club" for children to use while their parents shopped. To use the Kids' Club, BJ's required parents to sign an agreement containing an exculpatory clause and an indemnification clause. Russell Rosen executed the agreement on behalf of his three minor children. Rosen's son, Ephraim, was allegedly injured in the Kids' Club. Rosen and his wife (the Rosens) filed a negligence action against BJ's, and BJ's filed a counterclaim against the Rosens alleging breach of contract for failing to indemnify, defend, and hold BJ's harmless pursuant to the indemnification clause. The circuit court granted summary judgment for BJ's. The court of special appeals struck down the exculpation and indemnification clauses and reversed. The Court of Appeals reversed, holding that the court of special appeals erred by invoking the State's parens patriae authority to invalidate the exculpatory clause in the Kids' Club agreement. Remanded.
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