Thomas Manzo signed his son Ron to a Summer Camp in Tobermory, Ontario. The enrollment form is a document. The front page contains blanks for insertion of customer data whereas the following pages contain a reference to the Camp rules. The exculpatory clause is located at the last page. The whole document is written in a text undifferentiated as to size, with no highlighting and no paragraph headings or any other indication of its contents.

The exculpatory clause states the following:

The customer is aware that participation in any of the Cam activities may result in accidents or injury, and he/she assumes the risk connected with the participation of his/her child in any activities. The customer confirms that his/her child is in good health and suffers from no physical impairment which would limit their participation in the Summer Camp. The Customer acknowledges that Summer Camp, its officers, employees and agents shall not be liable for any claim, demand, cause of action of any kind whatsoever for, or on account of death, personal injury, property damage or loss of any kind resulting from or related to the user of the facilities or participation in any sport, exercise or activity within the Camp premises, and

the Customer agrees to hold Summer Camp harmless from same."

On the second week through Camp, Ron sustained a minor head injury and a broken elbow

while playing soccer on wet and muddy field. The father Thomas Manzo decides to sue the

Summer Camp organization.

Answer the following questions regarding this case

1. You have been hired to be the lawyer for the injured plaintiff. Identify two (3) important risks the Summer Camp needed to manage for participants. For each risk, identify one action the company needed to take to limit that risk.

2. Now, you are the lawyer for the company. Identify two (2) important elements that sustain the absence of any liability of the Summer Camp for the harmful event and the related unfounded claim of the plaintiff

3. You are now the judge and must make a decision on the case. Who do you think is responsible for the injury in this case

Using legal concepts and terms we have learned about, explain in detail why you think so.