Stacy Sanislo v. Give Kids The World, Inc., 157 So. 3d 256

Give Kids the World (nonprofit) provided a free vacation; the Sanislos signed a wish-request form and a liability-release at the resort releasing the charity from “any liability whatsoever” and “any and all claims and causes of action of every kind.”
While on a wagon ride coordinated during the visit, a wheelchair lift failed and Ms. Sanislo was injured; suit was brought alleging Give Kids the World’s negligence.
At trial the Sanislos obtained summary judgment on the release defense, a jury returned a verdict for the Sanislos, and judgment was entered for damages and costs.
On appeal the Fifth District reversed, holding the broad release barred the negligence claim despite not using the words “negligence” or “negligent acts.”
The Supreme Court granted review to resolve a conflict: whether exculpatory clauses must expressly reference a party’s own negligence to be enforceable.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether an exculpatory clause that omits the words “negligence” or “negligent acts” is ineffective to bar negligence claims	Sanislo: indemnity precedent requires explicit language protecting the defendant’s own negligence; ordinary persons wouldn’t expect a release to waive another’s duty of care	Give Kids the World: explicit “negligence” language is unnecessary; clear, broad language releasing "any liability" is understandable and should be enforced; indemnities differ from releases	The absence of the words “negligence” or “negligent acts” does not automatically render an exculpatory clause ineffective; enforceability depends on whether the clause clearly and unequivocally manifests intent to release liability

Univ. Plaza Shopping Ctr., Inc. v. Stewart, 272 So.2d 507 (Fla. 1973) (indemnity in general terms does not indemnify indemnitee for its own negligence unless intent is clear and unequivocal)
Charles Poe Masonry, Inc. v. Spring Lock Scaffolding Rental Equip. Co., 374 So.2d 487 (Fla. 1979) (University Plaza rule applies where parties may be jointly liable; courts disfavor underwriting wrongful conduct)
Cox Cable Corp. v. Gulf Power Co., 591 So.2d 627 (Fla. 1992) (reaffirmed University Plaza principles; specificity required in indemnity agreements)
Cain v. Banka, 932 So.2d 575 (Fla. 5th DCA 2006) (exculpatory clauses enforceable when wording is clear and an ordinary person would understand what is contracted away)
Levine v. A. Madley Corp., 516 So.2d 1101 (Fla. 1st DCA 1987) (held exculpatory clause ineffective to bar negligence absent explicit reference to release for the defendant’s own negligence)