Pete had never been horseback riding before but wanted to learn. Pete drove to Sam’s Stables (Sam’s). He approached an employee, mentioned that he’d never ridden a horse before but said he was anxious to learn. The employee handed Pete a form titled “Release,” and told Pete he’d have to sign it before he’d be allowed to ride. In part, the form stated: I recognize that there are inherent risks in any horseback riding activity. I am also aware of the possible risks and dangers inherent in participating in such activities, including, but not limited to, possible injury or property damage from falling from my horse, collision with other riders, physical strain and injury due to unfamiliar or unexpected movements of the horse, biting or kicking by the horse, and allergic reaction to the horse, saddle and equipment, or vegetation and foliage encountered while riding. In consideration of Samâs for making its facilities available to me for my use for horseback riding and activities related thereto, I hereby agree to and do hereby fully release Samâs and its agents and employees from any and all liability which they may have for injuries, death, or any other damages resulting from any injury which I may sustain while engaging in horseback riding and activities related thereto. Pete skimmed the form quickly and signed it. He was then placed on a horse and began to ride. After two minutes, the horse suddenly took off at a full gallop and left the trail. The horse then raised up on her hind legs, throwing Pete onto a cactus. He was seriously injured. The horse had never thrown a rider before. Pete sues Sam’s for negligence. If Sam’s defends on the ground that Pete assumed the risk by signing the Release, which of the following statements is most likely correct?
A. Because the document constituted an adhesion contract, it is unenforceable.
B. Because the document did not specifically mention the risk of falling off the horse and landing on a cactus, it is unenforceable.
C. Because Sam’s knew Pete was an inexperienced rider, the release is unenforceable.
D. The release is probably enforceable.
Answer:D
Pete had never been horseback riding before but wanted to learn. Pete drove to Sam’s Stables (Sam’s). He approached an employee, mentioned that he’d never ridden a horse before but said he was anxious to learn. The employee handed Pete a form titled “Release,” and told Pete he’d have to sign it before he’d be allowed to ride. In part, the form stated: I recognize that there are inherent risks in any horseback riding activity. I am also aware of the possible risks and dangers inherent in participating in such activities, including, but not limited to, possible injury or property damage from falling from my horse, collision with other riders, physical strain and injury due to unfamiliar or unexpected movements of the horse, biting or kicking by the horse, and allergic reaction to the horse, saddle and equipment, or vegetation and foliage encountered while riding. In consideration of Samâs for making its facilities available to me for my use for horseback riding and activities related thereto, I hereby agree to and do hereby fully release Samâs and its agents and employees from any and all liability which they may have for injuries, death, or any other damages resulting from any injury which I may sustain while engaging in horseback riding and activities related thereto. Pete skimmed the form quickly and signed it. He was then placed on a horse and began to ride. After two minutes, the horse suddenly took off at a full gallop and left the trail. The horse then raised up on her hind legs, throwing Pete onto a cactus. He was seriously injured. The horse had never thrown a rider before. Pete sues Sam’s for negligence. If Sam’s defends on the ground that Pete assumed the risk by signing the Release, which of the following statements is most likely correct?
A. Because the document constituted an adhesion contract, it is unenforceable. B. Because the document did not specifically mention the risk of falling off the horse and landing on a cactus, it is unenforceable. C. Because Sam’s knew Pete was an inexperienced rider, the release is unenforceable. D. The release is probably enforceable.