Bar Exam (Next Generation) Quiz: Express Assumption Of Risk

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Express Assumption Of RiskQuestion 1 of 12

Before a backcountry skiing tour, Zina signed a release provided by Glacier Guides, Inc. The release stated: "I acknowledge the risks of skiing in uncontrolled terrain and release Glacier Guides from all claims for personal injury, including claims for ordinary negligence. I understand this release does not apply to gross negligence or intentional misconduct." State law provides that a backcountry guide may require a client to sign a release of liability for ordinary negligence, but any release of liability for gross negligence is void as against public policy. During the tour, the guide checked an avalanche forecast that rated the danger as "high," but decided to proceed anyway because the group had already paid. An avalanche swept Zina, causing severe injuries. Zina sued, alleging that proceeding despite the high-risk forecast was grossly negligent. Glacier Guides moved to dismiss based on the release.

Should the court grant the motion?

Yes, because the release expressly covers claims for personal injury and ordinary negligence.

Yes, because the guide's decision to proceed was, at most, ordinary negligence.

No, because the release expressly excludes gross negligence and a waiver of gross negligence would be void.

No, because releases signed before participating in a commercial recreation activity are categorically unenforceable.

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Bar Exam (Next Generation) Quiz

Bar Exam (Next Generation) Quiz: Express Assumption Of Risk

Practice Express Assumption Of Risk in Bar Exam (Next Generation) with focused quiz questions that help you check what you know, review explanations, and build confidence with test-style prompts.

What this quiz covers

This quiz focuses on Express Assumption Of Risk, giving you a quick way to practice the rules, question types, and explanations that matter most for Bar Exam (Next Generation).

How to use this quiz

Try each quiz question before looking at the correct answer. Use the explanations to review missed ideas, then come back to similar questions until the pattern feels familiar.

All questions

Question 1

Should the court grant the motion?

Yes, because the release expressly covers claims for personal injury and ordinary negligence.
Yes, because the guide's decision to proceed was, at most, ordinary negligence.
No, because the release expressly excludes gross negligence and a waiver of gross negligence would be void. (correct answer)
No, because releases signed before participating in a commercial recreation activity are categorically unenforceable.

Explanation: When you see a release-of-liability question, remember that public policy often permits waiving ordinary negligence in recreational contexts, but it strictly forbids waiving gross negligence. Your first job is to compare the release's scope with the misconduct alleged. Here, the release expressly excludes gross negligence, stating it does not apply to gross negligence or intentional misconduct. Zina's claim is exactly that—she alleges the guide acted grossly negligent by proceeding under a "high" avalanche risk. Because the release itself does not cover gross negligence, and state law separately voids any waiver of gross negligence, the release cannot bar the suit. The court should deny the motion. The first wrong answer, saying the release is effective because it covers personal injury and ordinary negligence, ignores the release's own carve-out and misframes the claim. The second wrong answer, saying the guide's conduct was "at most" ordinary negligence, is also incorrect: proceeding despite a high-risk forecast can plausibly be reckless, and at the motion-to-dismiss stage the court must accept Zina's allegations as true. Finally, the claim that pre-activity releases in commercial recreation are categorically unenforceable goes too far—ordinary negligence releases are generally enforceable, so the problem is not the category but the gross-negligence scope. On exam day, always ask two questions: Is the release valid as to this type of fault? And does the complaint allege that type? If gross negligence is alleged or the release excludes it, the release will not save the defendant.

Question 2

Ravi bought a ticket online to Thunderdome Paintball Park. The checkout screen displayed the full text of a "Release and Waiver" in a scrollable box directly above an "I agree" checkbox. The first line said: "I understand that paintball is dangerous and I release Thunderdome from any and all claims, including claims for negligence." Ravi checked the box without scrolling through or reading the text. After a game ended, a Thunderdome employee, while acting within the scope of employment, intentionally shot Ravi at close range, causing an eye injury. Ravi sued Thunderdome for battery. Thunderdome moved to dismiss based on the release. The state supreme court in Delgado v. Laser Tag Zone held: "An electronic agreement can create an express assumption of risk if the participant had reasonable notice and manifested assent; a participant is bound by terms he did not read. However, no exculpatory agreement may bar claims for intentional torts or willful misconduct."

Should the court grant Thunderdome's motion?

No, because an exculpatory agreement cannot bar a claim for an intentional battery, regardless of how clear the release language is. (correct answer)
Yes, because Ravi had reasonable notice and manifested assent, and he is bound even though he did not read the release.
Yes, because the release covers "any and all claims," including negligence, and battery is a claim for injury.
No, because an online waiver cannot bind a participant who did not read the terms before agreeing.

Explanation: Whenever you see an exculpatory clause or release, remember that while they are generally enforceable for negligence, they are categorically void for intentional torts. This question tests that public-policy exception. Delgado v. Laser Tag Zone confirms that electronic agreements can bind a participant who didn't read them—if there was reasonable notice and assent—but explicitly holds that no exculpatory agreement can bar claims for intentional torts or willful misconduct. Since the employee intentionally shot Ravi, this is a battery, an intentional tort. Therefore, the release is unenforceable against this claim, and the court should deny Thunderdome's motion. The choice that says "Yes, because Ravi had reasonable notice and manifested assent, and he is bound even though he did not read the release" is a trap. It correctly applies the general rule for electronic contracts but ignores the intentional-tort exception carved out by Delgado. Similarly, the choice claiming "Yes, because the release covers 'any and all claims,' including negligence, and battery is a claim for injury" misreads the scope—broad language cannot override a public-policy rule prohibiting waiver of intentional torts. The choice that says "No, because an online waiver cannot bind a participant who did not read the terms" is backwards; Delgado says a participant is bound by unread terms given reasonable notice and assent, which Ravi had. The only correct choice is the one that says "No, because an exculpatory agreement cannot bar a claim for an intentional battery, regardless of how clear the release language is" – that directly tracks the Delgado holding. Your strategy: When a release or waiver appears, immediately check whether the defendant's conduct was intentional. If it was, the exculpatory clause is almost always void, regardless of how clear the language is.

Question 3

Kira, age 28, paid to participate in RidgeLine Adventures' commercial aerial obstacle course. Before beginning the course, she signed a one-page form that stated in bold type: "I understand that the course involves risks, including falls, equipment failure, and the negligence of RidgeLine's employees. I assume all of these risks and release RidgeLine Adventures from all liability for personal injury, including injury caused by RidgeLine's negligence." A sign at the course entrance stated: "WARNING: OBSTACLE COURSES INVOLVE RISK OF SERIOUS INJURY OR DEATH."

Two weeks before Kira's visit, a RidgeLine employee noticed a hairline crack in one of the metal rungs of the course's rope ladder and reported it to Danforth, RidgeLine's owner. Danforth scheduled the rung for replacement but had not yet replaced it. The crack was not visible to participants. During the course, Kira fell when that rung snapped beneath her, fracturing her wrist. Kira sued RidgeLine for negligence, and RidgeLine moved to dismiss based on the release.

A state statute provides:

§ 28-14-7. Effect of express assumption of risk in commercial recreational activities.

(a) A written release of liability signed by a participant in a commercial recreational activity is enforceable to bar a claim for personal injury caused by the ordinary negligence of the provider if the release is signed before the participant begins the activity, the participant is at least 18 years of age, and the release specifically uses the word "negligence" or a clear equivalent in describing the claims released.

(b) A release described in subsection (a) does not bar a claim for:

(1) gross negligence, recklessness, or intentional misconduct;

(2) injury caused by a known, concealed, artificial hazard that the provider failed to warn the participant about, if the hazard is not inherent in the activity; or

(3) injury that occurs before the participant begins the activity or after the activity ends.

Which of the following best explains whether RidgeLine's release bars Kira's negligence claim?

The release bars the claim because it was signed before the activity began, Kira was at least eighteen, and the release expressly uses the word "negligence" and lists equipment failure among the risks Kira assumed.
The release bars the claim because equipment failure is an inherent risk of participating in an obstacle course, and the statute's exception applies only to artificial hazards that are not inherent in the activity.
The release does not bar the claim because a commercial recreation provider may not, as a matter of public policy, require a participant to waive liability for the provider's own ordinary negligence.
The release does not bar the claim because the cracked rung was a known, concealed, artificial hazard that RidgeLine did not warn Kira about and that was not inherent in the activity, so the statutory exception applies. (correct answer)

Explanation: When a statute validates a release but then carves out exceptions, you must apply the general rule and then test every exception. Here, the release is valid under subsection (a): it was signed before the activity, Kira is over eighteen, and it expressly uses "negligence." However, the cracked rung triggers the exception in subsection (b)(2). The crack was known (the employee reported it), concealed (not visible to participants), artificial (a defect in the metal rung), and not inherent in the activity—a normal obstacle course does not include structurally compromised equipment. Since RidgeLine failed to warn Kira about this specific hazard, the release does not bar her claim. The choice stating the release bars the claim because the signature and the word "negligence" were present correctly identifies the general rule but ignores the statutory exception—a classic trap of stopping at the first step. The choice arguing that equipment failure is inherent and thus falls outside the exception mischaracterizes the hazard; general equipment failure might be inherent, but a known, concealed defect is precisely what the exception targets. Finally, the public policy argument that providers cannot waive ordinary negligence is wrong, as this statute explicitly permits such waivers when the statutory conditions are met. On exam day, when you see a release, scan the facts for "known, concealed, artificial" and "not inherent"—these are your magic words to defeat an otherwise valid release.

Question 4

A whitewater-rafting company printed the following on each ticket: 'In consideration of being permitted to raft, I release the company from any and all claims for personal injury arising from rafting, including claims based on the company's negligence.' After completing a trip, a customer was walking from the river to the parking lot on a path maintained by the company. She slipped on loose gravel, fell, and broke her ankle. She sued the company. The company moved to dismiss based on the ticket release.

Which issue is most likely to determine whether the release bars the customer's claim?

Whether the release's phrase 'arising from rafting' extends to the customer's fall on the path after the trip. (correct answer)
Whether the customer's injury was caused by the company's negligence rather than by the natural condition of the gravel.
Whether the customer's fall occurred on the path after the rafting trip had ended.
Whether the customer had read the ticket before she boarded the raft.

Explanation: When you see a ticket release or exculpatory clause, the first question is not whether the company acted badly—it is whether the injury falls within the scope of the language releasing the company. Here the release covers claims "arising from rafting," so the critical issue is whether slipping on loose gravel while walking from the river to the parking lot has enough connection to the rafting trip to be covered. If a court reads "arising from rafting" broadly to include activities incident to the trip, the claim is barred; if it reads the phrase narrowly, the claim survives. That is why the correct answer is the one asking whether the phrase extends to the fall on the path. The choice focusing on whether the injury was caused by negligence rather than the natural condition of the gravel misses the point: the release expressly covers claims based on the company's negligence, so negligence alone does not defeat it. The choice noting that the fall occurred after the trip ended states a relevant fact, but timing is not the legal test—some post-trip conduct can still "arise from" rafting if it is part of the overall activity. Finally, whether the customer had read the ticket is not the key issue; absent fraud or hidden terms, a person is generally bound by ticket terms she accepts, whether or not she reads them. On the exam, focus on the exact scope language in releases and ask whether the plaintiff's injury falls within that language.

Question 5

Rico enrolled in a jiu-jitsu course at Dragon Strike Martial Arts. The enrollment form he signed stated: "I understand that martial arts is dangerous. I voluntarily assume all risk of injury, known or unknown, and I release Dragon Strike and its employees from any and all claims, including claims for personal injury, and I agree to hold them harmless." During a drill, an instructor negligently demonstrated a throw without a crash mat, and Rico suffered a spinal injury. Rico sued Dragon Strike for negligence. Dragon Strike moved to dismiss, citing the release. The state supreme court in Nguyen v. FitZone held: "A prospective release of liability for negligence is enforceable only if the writing unmistakably communicates that the signing party is releasing the other party from liability for the other party's own negligence. General language such as 'release from any and all claims,' 'assume all risk,' or 'hold harmless' is not enough unless the writing refers to negligence or fault of the releasee."

Should the court grant Dragon Strike's motion?

Yes, because Rico signed the release and voluntarily participated in an activity with known risks.
Yes, because the release covers "any and all claims" and "personal injury," which includes injuries caused by negligent instruction.
No, because a martial arts school may not require students to waive negligence claims as a condition of enrollment.
No, because the release does not expressly refer to Dragon Strike's own negligence, as the court's rule requires. (correct answer)

Explanation: When you see a question about a release or waiver of liability, the key is whether the writing clearly and unmistakably covers the defendant's own negligence. The state supreme court has set a strict rule: general language like "any and all claims," "assume all risk," or "hold harmless" is not enough unless the release also refers to negligence or fault of the releasee. Here, the release says Rico assumes all risk and releases Dragon Strike from "any and all claims" and "personal injury," but it never mentions "negligence" or "fault." Under the court's holding, that omission is fatal. The motion to dismiss should be denied because the release does not expressly waive Dragon Strike's own negligence. The choice that says "Rico signed the release and voluntarily participated in an activity with known risks" is a trap—assuming risk is not the same as releasing the school from liability for its own negligence. The choice that says the release covers "any and all claims" and "personal injury" incorrectly assumes broad language satisfies the court's rule; it does not. And the choice that says a martial arts school may not require students to waive negligence claims is too broad—the rule doesn't prohibit such waivers, it simply requires clear language about the school's own negligence. Only the answer that identifies the lack of express reference to Dragon Strike's negligence matches the court's rule. Strategy: Whenever a question involves a liability release, scan the exact wording for "negligence" or "fault." If those words are absent, the release will not bar a negligence claim, no matter how sweeping its other terms.

Question 6

A horseback-riding stable required all new riders to sign a form stating: 'I assume all risks of horseback riding, including risks caused by the stable's negligence, and I release the stable from all claims.' Before signing, a novice rider asked the stable manager if a horse named Scout was safe for beginners. The manager replied, 'Scout has never thrown anyone.' In fact, Scout had thrown three riders in the past year, and the stable's policy was to assign Scout only to experienced riders. The novice signed the form and was thrown when Scout bolted. She sued the stable. The stable moved to dismiss based on the signed form.

Which fact is most important in determining whether the release bars the rider's claim?

The rider signed the release after hearing the manager's statement and before mounting Scout.
The rider had no previous horseback-riding experience and did not appreciate the risk that Scout might bolt.
The release did not specifically mention the risk of a horse bolting.
The manager's statement about Scout's safety record was false, and the rider relied on it in signing the release. (correct answer)

Explanation: Whenever you see a signed release or exculpatory clause, ask whether the release itself was fairly obtained. Even a broadly worded release can be voided if it was induced by fraud or misrepresentation. Here, the key fact is that the manager's statement about Scout's safety record was false, and the rider relied on it in signing the release. That turns the release from a knowing waiver into a product of deceit. If the stable fraudulently induced the rider to sign by misrepresenting the horse's history, the release does not bar the claim — even though the form said it covered negligence. The wrong answers miss this core problem. That the rider signed after hearing the statement and before mounting simply shows timing, not whether the signing was valid — she could have signed after the statement and still waived her rights. The rider's lack of experience and failure to appreciate that Scout might bolt might matter to assumption-of-risk analysis, but the express release already covers that; the real issue is the false reassurance. The release not mentioning bolting is also irrelevant because the form said "all risks" broadly, and a general release need not list every specific injury. Study tip: when a release is challenged, look first for fraud, duress, or unconscionability. A false statement that induces signing is the strongest reason to set aside a clear waiver.

Question 7

A skydiving center required a customer to sign a form before her first jump. The form stated: 'I release Skydive Central from any and all claims arising from my jump, including claims for negligence.' During the jump, her parachute failed to open because it had been negligently repacked by Aero-Pack, an independent company that Skydive Central paid to pack its parachutes. The customer was injured and sued both Skydive Central and Aero-Pack. Skydive Central moved to dismiss based on the release. Aero-Pack also moved to dismiss, arguing that it was covered by the release as a provider of services used in the jump.

Which fact, if true, would most help Aero-Pack's motion to dismiss?

The customer signed the release only minutes before boarding the plane and did not reread it.
The customer believed that the release applied only to Skydive Central.
The customer initialed a line in the form stating that the release also applied to the center's contractors and equipment suppliers. (correct answer)
The customer did not know that Aero-Pack had packed the parachute.

Explanation: Whenever you see a release-of-liability question, ask two things: Did the plaintiff clearly assent to the release, and did the release clearly cover the defendant? Here, Aero-Pack is an independent contractor, not a party to the customer's contract with Skydive Central, so it can enforce the release only if the customer intended to benefit Aero-Pack. The fact that the customer initialed a line stating the release also applied to the center's contractors and equipment suppliers is powerful evidence of that intent. It shows she specifically acknowledged and agreed that third-party service providers like Aero-Pack would be protected, making Aero-Pack an intended third-party beneficiary of the release. Each other fact is unhelpful. That she signed only minutes before boarding and did not reread it does not defeat the release—she had time to read and no coercion or procedural unconscionability is shown. Her belief that the release applied only to Skydive Central contradicts the written terms, and a party's unexpressed subjective intent cannot override clear contract language. Finally, not knowing that Aero-Pack packed the parachute is irrelevant: the release covers "any and all claims arising from my jump" and specifically names contractors, so ignorance of which contractor was involved does not negate her assent. Study tip: On exculpatory-clause questions, focus on the scope of the release and whether the plaintiff gave clear, knowing assent—especially to clauses benefiting third parties.

Question 8

After Omar was arrested for drug possession, a court ordered him to complete a residential substance-abuse treatment program or serve six months in jail. The only facility within 100 miles that would accept him, Brigham Center, required him to sign an admission form stating: "I release Brigham Center and its employees from all liability for negligence in connection with my treatment." Omar signed and was admitted. During detoxification, a counselor negligently failed to check on Omar, who suffered a seizure and permanent injury. Omar sued Brigham Center for negligence. Brigham moved to dismiss. The state supreme court in Antonelli v. Serenity House held: "An exculpatory agreement is unenforceable when the service is of great public importance and the plaintiff was under practical compulsion to accept its terms. In deciding whether practical compulsion exists, courts consider whether the service is necessary, whether meaningful alternatives existed, and whether bargaining power was unequal. Medically supervised detoxification for offenders referred by criminal courts is such a service."

Is the release enforceable?

Yes, because Omar chose treatment instead of jail, so his decision to sign was voluntary and informed.
No, because detoxification is a service of great public importance and Omar had no meaningful alternative. (correct answer)
Yes, because the release expressly covers negligence and was part of the signed admission form.
No, because the release was an adhesion contract and contained no severability clause.

Explanation: Whenever you see an exculpatory agreement—a release promising not to sue for negligence—focus on public policy. The question is not simply whether the release was signed or clearly worded; it is whether the law will honorit. Under Antonelli, courts refuse to enforce such releases when the service involves great public importance and the plaintiff acted under practical compulsion. That test is met here: medically supervised detoxification for criminal-court-referred offenders is a service of great public importance; and Omar had no meaningful alternative, because Brigham Center was the only facility within 100 miles that would accept him, and the alternative was jail. This is practical compulsion, not real choice. Therefore the release is unenforceable. The answer claiming Omar's choice of treatment over jail made signing voluntary misses the point; a choice between treatment and incarceration is precisely the sort of compulsion the rule addresses, and the statement also confuses voluntariness with informed consent. The answer relying on the release expressly covering negligence and being part of the signed form ignores that no clarity of language can override public policy. Finally, the answer about adhesion contract and lack of severability clause points to possible contract defenses, but Antonelli does not require an adhesion contract or the absence of a severability clause; an exculpatory agreement can be unenforceable even if negotiated. On the exam, when an exculpatory clause appears, ask: Is the service essential? Did the plaintiff have a real alternative? If no, the release likely fails.

Question 9

A ski resort's lift ticket stated in small print: 'The holder assumes all risks inherent in the sport of skiing.' A skier was riding a chairlift when the lift stopped abruptly and then reversed, throwing her from the chair. The accident was caused by the lift operator's error in stopping the lift at a loading point. The skier sued the resort. The resort moved to dismiss, relying on the ticket statement.

Which issue is most important in deciding whether the ticket statement bars the skier's claim?

Whether chairlift malfunctions are a risk inherent in the sport of skiing.
Whether the ticket statement clearly and unambiguously releases the resort from liability for negligent operation of the chairlift. (correct answer)
Whether the skier voluntarily used the lift after receiving the ticket.
Whether the lift operator's error occurred while the skier was loading or while the chair was on the slope.

Explanation: When you see a ticket or contract containing an exculpatory clause, focus immediately on the scope and clarity of that language. Courts strictly construe such clauses against the drafter, especially when negligence is alleged. Here, the central issue is whether the statement "assumes all risks inherent in the sport of skiing" clearly and unambiguously releases the resort from liability for its own negligent operation of the chairlift. To bar a negligence claim, the language must specifically mention negligence or use unmistakable terms that waive the resort's duty to operate safely. The phrase "risks inherent in the sport" may not cover an operator's error, which is a risk of operational negligence, not intrinsic to skiing itself. The choice about whether chairlift malfunctions are a risk inherent in the sport misses the point—even if they are, the clause must explicitly cover that specific negligence. The choice about voluntary use of the lift is a red herring; voluntary use relates to implied assumption of risk, but here we are dealing with an express written waiver, and the issue is its enforceability, not the skier's subjective consent. The choice about whether the error occurred while loading or on the slope is a factual detail that might affect causation or damages, but it does not affect the interpretation of the ticket statement. Remember this rule: for an exculpatory clause to bar a negligence claim, it must be conspicuous, clear, and unambiguously cover the specific negligence alleged—so don't get distracted by factual details about the incident or subjective assumptions of risk.

Question 10

A landlord used a standard lease that contained this clause: 'Tenant releases landlord from all liability for personal injury caused by landlord's negligent maintenance of the building's common areas.' A tenant signed the lease. A year later, the tenant was injured when a handrail in a common stairway pulled loose because the landlord had not repaired it despite two maintenance requests. The tenant sued the landlord. The landlord moved for summary judgment based on the lease clause.

Which argument would best support the tenant's opposition to summary judgment?

The clause is a contract of adhesion and therefore automatically unenforceable.
The tenant's signing of the lease was not voluntary because she needed housing.
The landlord's failure to respond to two maintenance requests was reckless rather than merely negligent.
Prospective waivers of liability for negligent maintenance of common areas in residential leases are invalid as against public policy. (correct answer)

Explanation: Whenever a landlord raises an exculpatory clause to escape liability, your first instinct should be public policy. This question tests whether a residential lease can prospectively release a landlord from negligence in maintaining common areas. In most jurisdictions, it cannot: residential tenants need safe common areas, landlords have a nondelegable duty, and enforcing such waivers would encourage dangerous conditions. Here, the handrail was in a common stairway, the landlord had notice through two requests, and the injury resulted from exactly the type of negligent maintenance the clause purports to waive. Because the waiver is invalid as against public policy, the tenant can defeat summary judgment. The other arguments miss the mark. The clause being a contract of adhesion does not automatically make it unenforceable; adhesive contracts are enforced unless also unconscionable. Similarly, the tenant's need for housing may explain unequal bargaining power, but alone it does not make signing involuntary in the legal sense of duress. Arguing that the landlord's conduct was reckless rather than merely negligent is a factual distinction that may avoid the clause's wording, but it does not attack the clause's validity; and if the waiver is void on public policy grounds, the landlord cannot rely on it even for ordinary negligence. Remember: when you see a residential lease waiver for common-area negligence, think public policy, not contract defenses.

Question 11

While registering her eight-year-old son Malik for Camp Lakota's overnight program, Tanya signed a form titled "Parental Release." The form stated: "I, as parent/guardian of Malik, on behalf of my child, release Camp Lakota and its staff from any and all claims for negligence." It did not mention Tanya. During swimming, a lifeguard left the pool area to take a phone call, and Malik nearly drowned. Malik, by his guardian ad litem, and Tanya, for her own medical expenses, sued Camp Lakota. The camp moved for summary judgment. The state supreme court in Whitfield v. Summer Pines held: "A parent cannot prospectively release a minor child's own claim for personal injuries; such a release is void. A parent may release the parent's own claims, including a claim for medical expenses, if the release is knowing and voluntary."

How should the court rule on the motion?

Grant the motion as to both claims, because the signed release covers all negligence claims arising from camp activities.
Deny the motion as to both claims, because Tanya could not release Malik's claim and the form did not release her own claim. (correct answer)
Grant the motion as to Malik's claim only, because a parent may release a child's claim but not her own claim.
Grant the motion as to Tanya's claim only, because a parent may release her own claims but not a minor child's claims.

Explanation: When a parent signs a pre-injury release on behalf of a child, you must separate two distinct claims: the child's own claim for personal injuries and the parent's derivative claim (like medical expenses). The controlling rule here is clear: a parent cannot prospectively waive a minor child's personal injury claim, but a parent may waive her own claim if the release is knowing and voluntary and actually covers it. In this case, the form only mentions releasing "my child" and says nothing about Tanya's own claims. Even if the form had attempted to cover Tanya's medical expenses, the holding in Whitfield would still allow that waiver—but the form doesn't. For Malik's claim, the waiver is void as a matter of law. Therefore, neither claim is barred: Malik's because it cannot be released, and Tanya's because the release didn't include her. Now examine the other options. The choice that says "grant the motion as to both claims" fails because it ignores both the voidness of Malik's waiver and the absence of any waiver for Tanya. The choice granting only Malik's claim is backwards—the law does the opposite. The choice granting only Tanya's claim is also wrong: while a parent can release her own claim, the form here doesn't mention her, so she never waived anything. The correct outcome is to deny the motion entirely. Your takeaway: always parse the release language to see exactly who is releasing whom, and remember that a minor's own claim is categorically non-waivable by a parent—even if the form says "on behalf of my child."

Question 12

A guest at a climbing gym signed a one-page form before entering the climbing area. The form stated in bold type: 'The guest assumes all risks of injury, including injuries caused by the gym's negligence.' During the visit, a rope that the gym had not inspected broke while the guest was climbing, and the guest fell and was injured. The guest sued the gym. The gym moved to dismiss based on the signed form. In opposition, the guest presented evidence that two employees had told the gym's owner the rope was frayed, and the owner replied, 'The release protects us if someone gets hurt.'

Which of the following is the most legally significant basis for the court to deny the gym's motion?

The form was presented as a take-it-or-leave-it condition of entry, and the guest had no opportunity to negotiate its terms.
The guest signed the form quickly at the front desk without reading it because other climbers were waiting in line.
The gym's owner had actual knowledge that the rope was frayed and consciously allowed the rope to remain in use because he believed the release would protect the gym. (correct answer)
The guest was not separately told that the form released the gym from liability for negligence.

Explanation: Whenever you see a signed release or assumption-of-risk form, ask two questions: does the clause cover the tort, and is the claimed conduct the sort a release can legally protect? Releases can bar ordinary negligence in many jurisdictions, but they generally cannot shield willful, wanton, reckless, or intentional misconduct. Here the form purported to release the gym from all risks "including injuries caused by the gym's negligence." That would cover a negligent failure to inspect. But the guest's evidence showed that two employees told the owner the rope was frayed, and the owner consciously kept it in use because he believed the release would protect the gym. Actual knowledge of a dangerous condition plus conscious disregard of it is not ordinary negligence; it is willful/wanton, and a release is no defense. That is the legally significant basis to deny dismissal. .The other options are less legally significant. The take-it-or-leave-it condition might suggest procedural unconscionability, but adhesion alone does not invalidate a release; the guest can still be bound. Signing quickly without reading does not avoid the contract absent fraud or duress; a person is generally bound to written terms they sign. Not being separately told the form released negligence does not matter because the bold-type release was part of the signed form and no separate oral warning was required. So none of those defeats the release; the owner's actual knowledge and conscious decision does. On exam questions involving releases, watch for facts that elevate negligence to willful/wanton—especially actual knowledge plus conscious disregard—because that is the key to overcoming a signed waiver.