Keanu Barnes, a single dad with sole custody, executes a release and waiver of liability so that his 8 year old son, Corey Barnes, can participate in a summer camp field trip sponsored by, "Get Kids Outdoors, Inc." (GKO, Inc.). GKO, Inc. required all parents to sign waivers of liability. On July 1, GKO transported 15 children, including Corey, and 2 summer adult staff supervisors to the Lucky Day Bird and Butterfly Farm. Before parents or guardians signed the waivers, they were provided with a brochure that included photos of the farm, contact information, and a link to a website. The photos on the brochure depicted small children holding baby chicks, butterflies sitting on children's open hands, and a photo of children observing hummingbirds. If a parent researched the website for the farm, they would also see that the farm had a few Emus that walked around. But, the Emus were not described as dangerous, and they were not on the printed brochure that was provided to the children, parents or guardians.

The staff members for GKO were described as professional school counselors who worked part time in the summer for GKO. They were described as being licensed in CPR and having extensive training with children, and handling stressful situations with same.

When the bus arrived at the farm, the 2 adult staff members departed the bus, and left the children unsupervised on the bus, intending only to leave for a few minutes to find the owner of the farm. Corey decided to get out of the bus and follow the adults as he needed to use a restroom. Corey was the first child to step out of the bus. Corey was immediately attacked by a giant Emu. The 2 GKO adult staff members screamed for help but when no one assisted, they ran for their lives as Corey was repeatedly kicked by the Emu. The other children stayed on the bus and watched through the window. Corey managed to slap the Emu in the face causing the Emu to withdraw from the attack. Corey was taken to the closest hospital, where he was admitted for a concussion, broken collar bone, a broken nose, and a broken leg.

Mr. Barnes has medical insurance, but the deductible for a hospital visit is $10,000, and he must take several weeks off of work, with a reduced salary, to care for his son. The doctors also inform Mr. Barnes that Corey will need additional testing and follow-up care for possible internal organ damage as the Emu kicked Corey in the stomach. Dad is not litigious, doesn't like courtrooms, but reluctantly decides to sue GKO, Inc. in his own name, and in his son's name as Guardian, for GKO's negligence in handling the situation, and for not explaining that the farm included dangerous Emus that roamed around. Most of the parents had never heard of the farm, and the brochure that they were provided only had pictures of butterflies, hummingbirds, and baby chicks. Mr. Barnes stated in his lawsuit that had he known about the roaming dangerous Emus he would not have permitted his 8 year old son to participate.

Dad wants GKO to pay for his son's uncovered medical expenses, his own loss of salary in caring for his son's recovery, his own gym membership which he won't use until his son is better, and his own expensive online dating subscription as he is unable to use it for the foreseeable future due to his son's injury as the regular babysitter will not be sufficient to watch Corey. The lawsuit also seeks monetary compensation for Corey's physical therapy, and a tutor for Corey as Corey will miss the first several months of the fall semester, and for any permanent medical expenses that Corey may endure as a result of the Emu's vicious attack.

GKO, Inc. files a motion for a Summary Judgement, asking the court to swiftly dismiss the lawsuit because Mr. Barnes signed a release and waiver of liability for Corey to go to the farm.

You are the judge, there is no precedent in your state for a case such as this, but you must decide whether to allow Mr. Barnes's lawsuit to proceed against GKO, Inc., or to dismiss Mr. Barnes and Corey's lawsuit based on valid contract law - because as a parent, Barnes had signed a release and waiver of liability.

Discuss the enforceability of the contract, and release and waiver of liability, using contract law from chapter 13 and 14.

You must discuss the legal arguments from both sides.

A. What are the legal, policy, and ethical arguments in favor of dismissing the lawsuit, and ruling in favor of GKO, Inc.?

B. What are the legal, policy, and ethical arguments in favor of not enforcing the release and waiver of liability, and allowing Corey's lawsuit to proceed?

C. Assuming the lawsuit is able to proceed, which claims or damages (request for monetary compensation) might go forward? Which claims might be dismissed, if any?