3. Nina went to Elite Power Fitness Center to use a one-week complimentary pass. One each visit, she signed in on a sheet that contained the standard exculpatory clause including this language: "I also understand that Elite Power Fitness Center assumes no responsibility for any injuries and/or sicknesses incurred to me.." On October 5, 2015, Nina fell from a treadmill and sustained a severe head injury. She later died from that injury. No one witnessed the fall and there were no security or other cameras on the gym floor to see the incident. Nina's husband (her estate) sued the fitness center and claimed she struck her head against the window ledge because the treadmill was placed too close to the window. Does it matter whether or not she hit her head on the window ledge? Why or why not? Evaluate Nina's husband's claim and the Fitness Center's possible responses. 4. Luke was making fresh pasta with a pasta noodle machine from Mario Bros. Co. that was supposed to stop processing when the lid is opened. Luke lifted the lid, but the machine did not stop leading to severe hand injuries ultimately requiring amputation of Luke's hand. Luke wants to sue Mario Bros. Co. Describe the causes of action (legal concepts) that Luke would want to allege in his complaint against Mario Bros. Co. Discuss any possible responses or defenses that Mario Bros. Co. would have