Jake has had two beers at a ski hill and sees that there is a tubing competition (where people ride in inflatable tubes down a hill as fast as they can). Thinking it will be fun, he goes to sign-up. With his third beer in hand (but still mentally capable), he goes to the reception desk to register. They take his $20 and hand him a waiver. It is 8 pages long, single-spaced, in 7-sized font. Near the bottom of page 6, there is a clause which reads, "you agree that the ski resort will not be liable for any personal injury, whether or not it is caused by us, if you have had any alcohol in the last 24 hours." Jake gets injured in an accident where he collides with another tuber.

He sues the ski hill. The ski hill points to the clause quoted above and says they don't owe any damages. Do you think that clause is enforceable and why?