City Segway Tours of Washington DC, LLC (CST) operated tours where customers used Segway personal transportation vehicle to tour the city. Norman Mero and his significant other signed up for such a tour. The contract they signed prior to beginning the tour contained a release of liability clause (exculpatory clause) that stated, I do hereby waive, release, acquit, and forever discharge the CST Indemnitees from any and all losses, claims, suits, causes of actions, etc. for property damages, personal injuries, or death I may suffer or sustain while riding or operating the Segway, whether arising from my own acts, actions, activities and/or omissions of those of others, except only those arising solely from the gross negligence of the