Question
Dirk Diver, a 23 year-old student at Air Academy in Colorado Springs joined a parachute diving club so that he could experience the exhilaration of
Dirk Diver, a 23 year-old student at Air Academy in Colorado Springs joined a parachute diving club so that he could experience the exhilaration of sky diving and to engage in the world's most exciting sport. He signed a contract with the club, Super Divers, Inc. The contract contained an exculpatory clause releasing the club for damages due to any reason whatsoever, "including negligence by the Club." While descending on his first jump, Dirk collided with some electric power lines and suffered serious permanent injuries. Would the exculpatory clause excuse Super Divers, Inc. from liability if it should be found negligent? Why/why not?
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