Question
Brooke, age 16, went white water rafting with a tour group while on vacation in Colorado.The tour was run by Rapid Waters, Inc.When she arrived
Brooke, age 16, went white water rafting with a tour group while on vacation in Colorado.The tour was run by Rapid Waters, Inc.When she arrived at the river site, she had to register; the registration papers included an exculpatory clause.During the tour, Brooke fell out of the boat and was injured.When she sued Rapid Waters, Inc., the tour company responded that it was not liable because she signed the exculpatory clause. Which of the following is true?Select all that apply.
Group of answer choices
Brooke is bound by the exculpatory clause because she must adhere to the same contractual terms as everyone else in the tour group.
Brooke is not bound by the exculpatory clause if it was inconspicuous.
Brooke can disaffirm the exculpatory clause because she is a minor and can sue Rapid Waters, Inc.
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