Jay, a life coach and green juice enthusiast, purchased online ads that said:

"Are you feeling tired and sluggish all the time? Did you gain the COVID-19 ... 19 pounds!?! My juice fast has helped so many people - people just like you - step out of that unwanted weight and step into the best version of themselves! Not sure where to start? Join my daily zoom classes and I will walk you through each step of the way!"

The ad contained a hyperlink that took customers to his website - JayJuiceExpert.com.

Ben saw the ad and with summer coming up, decided a juice fast would be a great way to kick-start his journey back to fitness.

Ben signed up for classes online and entered his credit card information. Just above the green "Purchase" button was little grey text that said, "By signing up for this program you agree to the Terms and Conditions for JayJuiceExpert.com." A link to the Terms and Conditions was later emailed to Ben at the bottom of the "Welcome to Juicing with Jay!" email. The link was at the very bottom of the email, below the signature line and images of green juice and Jay's six-pack abs. Ben did not read the entire email, and he never clicked the link or read the Terms and Conditions.

The Terms and Conditions were an a-page document and contained tons of information, including that all disputes between the customer and JayJuiceExpert must go to arbitration. It also said, buried on page 18 of 20, "Customer understands that any sort of fasting, especially juice fasting, can result in serious medical side-effects, including death. Customer assumes the risk of any negative side effects."

Ben joined the weekly zoom classes where Jay discussed the benefits of fasting and provided juice recipes. Students were told to consume only green juice and water. As the days went by, students in the zoom class reported feeling tired and unwell. Ben was feeling especially awful, with no energy, stomach pain, and headaches. Jay told Ben that the painful side effects were a sign that he had lots of toxins in his body and really needed to continue the fast - not a sign to stop. Every day, as Ben felt sicker and sicker, Jay encouraged him to keep going. Ben's friends and family also noticed him looking tired and unwell and encouraged him to stop the program. Other students in class even sent Ben private messages in the zoom chat asking if he was okay and telling Ben that he should consider stopping his juice fast. Jay told Ben to keep going.

One day, Ben was found unconscious by his roommate. He was rushed to the hospital and diagnosed with Hyperoxaluria, a harmful condition that can lead to kidney failure. In 2013, the American Journal of Medicine published a study of a male patient who suffered kidney failure after participating in a 6-week juice fast.

Ben sued Jay and JayJuiceExpert.com hoping to recover his medical expenses, lost wages, pain, and suffering. Jay argued that Ben agreed to the Terms and Conditions, which prevented him from bringing a lawsuit. You are Ben's lawyer. You read the Terms and Conditions and notice that Hyperoxaluria is not mentioned as a side effect, nor is organ failure. You also think you can be successful in your lawsuit representing Ben.

What claims will you bring on Ben's behalf and will he prevail?