One sunny afternoon, adventurous couple Kim and Tracy decided to go parasailing at a local parasailing operator, Just Chute Me. When they arrived at Just Chute Me, they were provided with a waiver that had print on both sides and a small pink sticker to affix to their chests after sign- ing the waiver to signify their agreement. The front of the waiver clearly stipulated that all participants were to read the exclusion of liability and assumption of risk notice on its back. The back of the waiver read as follows:

NOTICE TO ALL PROSPECTIVE PARASAILERS: ASSUMPTION OF RISK

Before parasailing, the Sticker Wearer assumes all risk of injury from any cause at all, including but not limited to the dangers of boating, parachuting, parasailing, and negligence. The Sticker Wearer agrees that Just Chute Me shall not be liable for personal injury, death, or property loss and releases Just Chute Me and waives all potential legal claims arising from this activity.

Both Kim and Tracy signed the agreements and affixed the pink stickers to their chests. The pink sticker read: "CHUTE MEI WAIVED IT ALL!"

Behind the desk was a small pink sign that said in peach coloured cursive text: "You must be sufficiently flexible to touch your toes in order to successfully para- sail." Neither Kim nor Tracy noticed the sign.

As the parachute began to rise from the back of the boat, Kim began to feel cramps in his lower legs. The parasailing operator told him to touch his toes to alleviate the pain. Kim yelled back, "I can't touch my toes!" Unfortunately, the parasailing operator let go of the rope and Kim began to ascend rapidly. He suffered nerve damage in both legs.

Kim and Tracy want to sue Just Chute Me for negligence. They have come to you, an expert parasailing injury lawyer, for a legal opinion. What are their chances? What are the key legal issues that would need to be addressed?