Legal Question in Consumer Law in North Carolina
Contract
An indoor karting/amusement facility makes a participant sign a ''release & waiver'' besides paying a fee. The R&W states that the participant holds the facility harmless for damages/injury/death caused by their negligence. Is such a contract legal? Can they make you waive your right to sue if they are negligent?
1 Answer from Attorneys
Re: Contract
Whether such an agreement is enforceable is difficult to predict. In one case, a person enrolled in a motorcycle safety program and was injured when the throttle malfunctioned. Our courts held that a release signed by the student was not enforceable. These cases are very fact-specific, and whether such a release at a karting facility is enforceable requires more facts. Similar issues are raised with e.g. skiing facilities.
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