If no duty to the public is involved and the parties have freely and knowingly agreed,the exculpatory clause may be enforceable.

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Exculpatory clauses are provisions in contracts that release a party from liability for certain damages or losses that may arise in the future, even if the party caused these damages or losses through negligence or other wrongful conduct. In general, exculpatory clauses are disfavored by the law, as they may encourage careless or reckless behavior by the party that is protected by the clause. However, if the exculpatory clause does not involve a duty to the public or a violation of public policy, and if the parties have freely and knowingly agreed to it, the clause may be enforceable. This is because the law generally respects the freedom of contract and the principle of autonomy, which allows individuals to make their own choices and assume their own risks.

If No Duty to the Public Is Involved and the Parties