David Bubu signed his son Ben to a summer recreational camp owned by SunFun Experience Inc. in Welland, Ontario. The enrollment form is a 11 pages document. The first page contains blanks for insertion of customer data whereas the following 9 pages contain a reference to the Camp rules. The whole document is written in a text undifferentiated as to size, with no highlighting and no paragraph headings or any other indication of its contents. The waiver clause is located at the last page and states the following: The customer is aware that participation in any of the Cam activities may result in accidents or injury, and he/she assumes the risk connected with the participation of his/her child in any activities. The customer confirms that his/her child is in good health and suffers from no physical impairment which would limit their participation in the SunFun Experience Inc.. The Customer acknowledges that SunFun Experience Inc., its officers, employees and agents shall not be liable for any claim, demand, cause of action of any kind whatsoever for, or on account of death, personal injury, property damage or loss of any kind resulting from or related to the user of the facilities or participation in any sport, exercise or activity within the Camp premises, and the Customer agrees to hold SunFun Experience Inc. harmless from same." On the second week through Camp, Ben broke his wrist falling on a muddy field while playing soccer during a rainy day. The father David Bubu decides to sue the SunFun Experience Inc.

Answer the following questions regarding this case. Add space as needed.

1. You have been hired to be the lawyer for the plaintiff. Identify two (2) important risks the SunFun Experience Inc. needed to manage for participants. For each risk, identify one action the company needed to take to limit that risk. (up to 6 marks).

2. Now, you are the lawyer for the company. Identify two (2) important elements that sustain the absence of any liability of the SunFun Experience Inc. for the harmful event and the related unfounded claim of the plaintiff (up to 6 marks)

3. You are now the judge and must make a decision on the case. Who do you think is responsible for the injury in this case? Using legal concepts and terms we have learned about, explain in detail why you think so. (up to 8 marks)