Question
Theresa was a seventeen-year-old competitor in horseback-riding events. Her riding coach was Karol. Theresa signed an agreement that released Karol from all liability except for
Theresa was a seventeen-year-old competitor in horseback-riding events. Her riding coach was Karol. Theresa signed an agreement that released Karol from all liability except for damages caused by Karol's "direct, willful and wanton negligence." During a competitive event at Galway Downs in Temecula, California, Theresa's horse struck a hurtle. She fell from the horse and the horse fell on her, causing her death. Her parents, Kristi and Fred, filed a suit in a California state court against Karol for wrongful death.
-Is the limitation of liability agreement that Theresa signed likely to be enforced in her parents' case?
-If so, how would it affect their claim? Explain.
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