Gym-N-I Playgrounds, Inc. v. Snider – Case Brief Summary (Texas)

In Gym-N-I Playgrounds, Inc. v. Snider, 220 S.W.3d 905 (Tex. 2007), the parties expressly agreed that the landlord made no express or implied warranties regarding "fitness or suitability for a particular purpose or otherwise." Id. at 907 n.1.

They also expressly agreed that "any implied warranties are expressly disclaimed and excluded." Id.

The lease also contained a provision that the tenant accepts the premises "as is." While specifically not deciding what the effect of the "as is" provision would have been absent the express waiver contained in the lease, the court did hold that the implied warranty of suitability in a commercial lease could be expressly disclaimed. Snider, 220 S.W.3d at 912.