Whitehill Resort, a ski hill operator held a toboggan race in which two person teams on a sled raced each other down a bumpy hill. Alexander and a partner competed in the event. Alexander paid the $30 entry fee and signed an entry form which included a waiver that released Whitehill Resort from: "any and all damages sustained in consequence of loss, injury, damage or death to any persons, property and from any or all actions, causes of action, claims and demands of any nature." Alexander and his partner won the first race. They were drinking between races and when they came to the start line for the second race they were visibly intoxicated. In their second race Alexander fell from his sled and broke his leg in two places. He sued Whitehill Resort in negligence. Explain the likely outcome of this case, specifically applying the legal concepts you have studied, including defences