Fly by Night Airlines, Inc. is a commercial passenger airline. Fly by Night includes on its tickets a clause that states that the airline will not be liable for the injury or death of any passenger caused by its, or its employees' negligence. A Fly by Night shuttle flight form Washington to New York crashes into the East River, resulting in the deaths of all passengers and crew members. The cause of the accident is the direct result of Fly by Night's negligence. Fly by Night argues that because the terms were expressly stated on each ticket, the passengers thereby agreed to the airline's contract terms. Based on the clause on its tickets, can Fly by Night avoid liability?