Law for Business 12th Edition by James Barnes,Terry Dworkin,Eric Richards

Exercise 9

Cooper, a minor, was a member of the Aspen Valley Ski Club for many years and was a competitive skier. Cooper and his mother signed a release of liability. It stated that he and his parents assumed all responsibility for risks that may occur. During training for a high-speed event, Cooper fell and hit a tree. He was seriously injured, including the loss of his vision. When Cooper sued the club, it cited the exculpatory clause. Should it be enforced? Why?