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Members of the general public used Indian Cunes Park for motorcycle dirt bike riding. On December 21, 1982, Michael Kurashige was injured while riding
Members of the general public used Indian Cunes Park for motorcycle dirt bike riding. On December 21, 1982, Michael Kurashige was injured while riding his motorcycle on the park's trails. Before using the park, Kurashige had signed a general release agreement. In the agreement was a statement, in large capitalized letters, to the effect that motorcycling is an inherently dangerous activity and that all riders assume the risks by signing a general release. The agreement's general release provides that the rider releases the park from all liability for property damage, injury and death while the rider is on the park's premises. Kurashige sued the park, claiming that the release was unconscionable and therefore not enforceable. If you were the judge, what factors would you look at in making a ruling? How would you rule in this case? Would the result be different if Kurashige had been thrown from his bike into a big hole of which park management was aware?
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