Perry Rowan worked at Salomon North America, Inc. as a glide tester for snow skis. Gliding testing determines which ski waxes and structures of the ski bottom run the fastest on the snow located at the venue where the testing is being determined. Rowan was a national caliber ski racer with international racing experience. On December 1, 1994, Rowan was killed while glide testing skis on a ski run located in Vail, Colorado, which was owned by Beaver Creek Associates. When completing a glide test, Rowan lost control and slid into an unpadded support beam on a picnic deck that Beaver Creek Associates had built. The fatal run occurred on the third day of a three-day testing period on the course. On the third day, prior to starting the test runs, Beaver Creek Associates asked Rowan to sign a form releasing the company of any liability for injuries, including death, he might suffer while engaging in the testing. Rowan's parents, as representatives of his estate, sued Beaver Creek Associates, amongst others, for wrongful death, asserting the company was negligent in constructing, placing, and failing to pad the deck. Beaver Creek Associates defended by arguing that the release Rowan signed was valid. Rowan's parents countered that the release was nonbinding because it lacked consideration (i.e., Beaver Creek Associates gave nothing of additional value to change the relationship between the company and Rowan on that third day of testing.

Was the release valid? (Argueing yes)