and signed the entr ing to read it Kamikazi Ski Lodge Limited operated a ski resort in He had been drinking prior to the point in time that a mountainous ski area. While the company offered a number of runs suitable for skiers of all levels of entered the contest, but did not appear to be drunk unaware of his actions. competence, it maintained one particularly fast and adventurous run on a slope that required a relatively Later that day, the contestants (including Crocker) high degree of proficiency to successfully ski its course. were shown a videotape of the previous year's race. The In its advertising brochure the company warned poten- tape described the race and provided footage of inc. tial patrons of the lodge that they should not attempt dents that involved contestants being thrown from the the run unless they had considerable experience. The inner tubes, as well as those who managed to remain in their inner tubes to the end of the race. company also required all guests to sign a guest- registration form at the time of check-in at the lodge. On the day of the contest, Crocker appeared at the The form provided as follows: starting point for theyace in an obviously drunken state "Guests assume all risks associated with their use of His speech was slurred, and he had difficulty standing on the owner/operator's lodge and facilities. The owner/ the slope. Nevertheless, he managed to obtain his inner operator, its employees, and agents shall not be liable tube from the lodge employees in charge of the race for any loss or injury incurred by any guest, however and prepared for the start of the race. At the starting caused, Registration as a guest shall constitute a gun, he threw himself into the inner tube and managed waiver of all claims that the guest may have against thereafter to more or less successfully navigate the the owner/operator or its employees for any injury or slope. He placed among the five finalists, suffering only loss suffered while on the premises." a cut above one eye when he was thrown from his inner Each year the lodge held a special challenge tube on one occasion. competition on its most difficult slope that required Before the final run, he took a large drink of brandy the contestants to travel down the slope in large rub- that had been offered to him by a spectator. The race ber inner tubes rather than on skis. The competition operator noticed Crocker drinking brandy, and asked was appropriately described as the "$500 Kamikazi him if he was in any condition to compete in the final Challenge Race," and was open to all contestants on race. Crocker replied that he was, and the final race the payment of a $15 race-registration fee. Contestants began. were also required to sign an entry form at the time of Partway down the slope, Crocker failed to negoti payment, which provided: "Contestant recognizes that ate a sharp turn, and was thrown from his inner tube the Kamikazi Challenge is a dangerous undertaking that and into a rock gully. His injuries rendered him a quad- could result in injury. The contestant assumes all risk riplegic, and he brought an action against the resort for and responsibility for any or all injuries suffered while damages. engaged in the competition." Discuss the liability of the lodge, and speculate, with Two days before the competition, Crocker, a novice reasons, as to how the case might be resolved. skier who was a guest at the lodge, paid his entry fee