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BJ'S WHOLESALE CLUB v. ROSEN

No. 99, September Term, 2012.

80 A.3d 345 (2013)

435 Md. 714

BJ'S WHOLESALE CLUB, INC. v. Russell ROSEN, Individually, etc., et al.

Court of Appeals of Maryland.

November 27, 2013.

Attorney(s) appearing for the Case

Christopher R. Dunn (Jeffrey T. Brown, DeCaro, Doran, Siciliano Gallagher & De-Blasis, LLP, Bowie, MD), on brief, for petitioner.

Ari S. Casper (Denis C. Mitchell, Stein, Mitchell, Muse & Cipollone, LLP, Washington, DC), on brief, for respondent.

H. David Leibensperger, Esq., Berman, Sobin, Gross, Feldman & Darby, LLP, Towson, MD, for amicus curiae brief of the Maryland Association for Justice.

Argued before BARBERA, C.J., HARRELL, BATTAGLIA, GREENE, ADKINS, McDONALD and IRMA S. RAKER (Retired, Specially Assigned), JJ.

BATTAGLIA, J.

This case requires us to consider the enforceability of a clause, which contained both an exculpatory provision and indemnification language, in an agreement executed by a parent on behalf of his minor son permitting his son's use of a free supervised play area called the "Incredible Kids' Club" (Kids' Club) offered by BJ's Wholesale Club, Inc. (BJ's), a commercial wholesale retail center at its location in Owings Mills, Maryland. The Kids' Club contained...

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