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A discussion question in Business Law and Ethics: In August 2020, AUAF sponsored a trip for underprivileged youth to the Oxus River in the Afghan

A discussion question in Business Law and Ethics:

In August 2020, AUAF sponsored a trip for underprivileged youth to the Oxus River in the Afghan Pamir for the purpose of going whitewater rafting. AUAFs head of student affairs, Khalil Gibran, handled most of the arrangements for the whitewater event on behalf of AUAF. Khalil required all youth participants to obtain permission slips from their parents. Mariam Hind gave verbal permission to her daughter, Ariana, to participate. While Mariam remembered also signing a permission slip to facilitate Arianas participation in the trip, Ariana apparently lost the form before turning it in to Khalil. Nonetheless, Mariam recalled giving Khalil verbal authorization for her daughter to join the rafting trip. Khalil, on behalf of AUAF, subsequently signed two documents with the rafting company, Oxus River Rafting, Inc., on Arianas behalf: The first was an indemnity agreement (an agreement where one party agrees to pay for potential losses or damages caused by another party) and the second, a release of liability agreement. The release of liability agreement, which was signed by both Ariana and Khalil as her guardian, read: I understand this rafting trip, which has been arranged by OXUS RIVER RAFTING, INC., is a recreational sport which involves certain hazards and risks. The risks and hazards involved may include, but are not limited to, traveling in rough waters in a rubber raft, having medical emergencies in remote areas, hypothermia, bodily injury, unexpected weather conditions, as well as risks involved in transportation by cars, buses, and other vehicles. By signing this form, I indicate I am aware of the above dangers and that, furthermore, I release OXUS RIVER RATING, INC. from liability, claims, debts, and actions of all kinds both now and in the future, as a result of my participation in this trip. I hereby assume all risks and dangers and all responsibility for any losses and/or damages, whether caused in whole or in part by the negligence or other conduct of the owners, agents, officers, or employees of OXUS RIVER RAFTING, INC, or by any other person. During the trip, Arianas raft flipped over, she was pinned against a rock, and she drowned before she could be rescued. Arianas mother brought a lawsuit against the rafting company claiming her daughters death was the result of the rafting companys negligence. The rafting company brought a lawsuit against both AUAF and Khalil asserting that they were contractually obligated to pay for any damages that may be found against it, on the basis of the two documents signed by Khalil. AUAF responded the agreements were void as against public policy. Discuss in two paragraphs.

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