Agreement and release of liability

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Reference no: EM133813062

Question

Allan v. Snow Summit, Inc., 51 Cal.App.4th 1358 (4th Dist. 1996)

It is undisputed that Allan signed the "Agreement and Release of Liability" as a condition to enrolling in the ski school. Although Allan stated that he did not remember seeing or signing the document, he acknowledged he received it and he signed it. The "Agreement and Release of Liability" states plainly on its face that skiing is a dangerous activity, and that in consideration of receiving ski lessons, the student must agree to hold Snow Summit and is employees harmless and not to sue for any injury caused by participation in the hazardous activity, even if Snow Summit or its employees were negligent.

Allan's complaint alleges nothing other than the fact that he was injured from participating from the ski lesson, and that Snow Summit and Oldt were negligent in causing the injuries; this is precisely the subject matter to which Allan's promise not to sue applies. We perceive no reason why that promise should not be binding upon Allan. The judgment for Snow Summit, Inc. is affirmed.

Was the court's decision fair? Explain your answer.

Reference no: EM133813062

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