Facts

Western Fun Riding Stables, a Minnesota Corporation, (hereinafter "Western"), is a riding stable located in Taylors Falls, Minnesota. It offers 1-hour and 2-hour trail rides to the public for a fee. Most of its customers are families camping at nearby Interstate State Park.

On July 6, 2014, Rhonda Wobbley purchased a 1-hour trail ride from Western. She signed Western's liability release, which contained the following language:

LIABILITY RELEASE: I AGREE THAT: In consideration of THIS STABLE allowing my participation in this activity, under the terms set forth herein, I, the rider, ... do agree to hold harmless, release, and discharge THIS STABLE, its owners, agents, employees, officers, directors, representatives, assigns, members, owners of premises and trails, affiliated organizations, insurers, and others acting on its behalf (hereinafter, collectively referred to as "ASSOCIATES"), of and from all claims, demands, causes of action and legal liability, whether the same be known or unknown, anticipated or unanticipated, due to THIS STABLE'S and/or ITS ASSOCIATES [sic] ordinary negligence; and I do further agree that except in the event of THIS STABLE'S gross negligence and willful and wanton misconduct, I shall not bring any claims, demands, legal actions and causes of action, against THIS STABLE and ITS ASSOCIATES as stated above in this clause, for any economic and non-economic losses due to bodily injury, death, property damage, sustained by me and/or my minor child and/or legal ward in relation to the premises and operations of THIS STABLE, to include while riding, handling, or otherwise being near horses owned by or in the care, custody and control of THIS STABLE, whether on or off the premises of THIS STABLE.

Western takes great care in matching horses with riders' abilities. Its guides are experienced wranglers who care for the horses, adjust the saddles individually for each rider, and also take great pride in telling tales about the St. Croix River Valley to entertain the customers.

Before riding, Rhonda advised Dusty, her trail guide, that she'd never ridden a horse before. Dusty grinned and told her not to worry because he'd be sure to give her "Killer" as a horse. Rhonda chuckled and was properly fitted in her saddle for the ride. In reality, Killer was the gentlest of all the horses at the stable.

The beginning of ride went uneventfully and Rhonda and Killer were getting along well. Dusty was busy telling a tale about a tremendous log jam that occurred in the 1800s along the St. Croix River. Dusty, being a bit of a character, told how the lumberjacks had to rig the jam with dynamite in order to free the jam along the river. As he described the dynamite blast, he yelled, "BOOM!" at the top of his lungs. Killer heard this loud noise and reared, throwing Rhonda to the ground. Rhonda sustained a broken hip as a result of the fall and has substantial medical bills.

Issue

I. Is a waiver releasing a stable from liability to an injured rider enforceable when the wrangler yells "BOOM" loudly during the trail ride?

Please determine if there is any Minnesota case law that is relevant to this issue and then prepare a page memorandum answering the above issue. Be sure to include any counterarguments that may be made by Rhonda under each element you discuss. Your memo must be in IRAC format:

Paragraph 1: Address the issue involved

Paragraph 2: Address the rule(s) that control Rhonda's case

Paragraph 3-?: Apply the law from the Cragun's case to Rhonda's situation. Discuss each element of the rule in order when applying it to the facts of Rhonda's case. Address any counterarguments that Rhonda might make.

Final Paragraph: Tell the reader what you conclude based upon your review of the law as applied to Rhonda's case. Offer any suggestions or recommendations that you think are applicable.