The defendants moved for summary judgment dismissing a personal injury claim arising from a zip-line accident, relying on a participant agreement containing a waiver of liability.
The plaintiff argued the waiver was invalid or unenforceable because she did not understand she was signing a release, the waiver language was ambiguous, and the circumstances of signing were misleading.
The court held that the evidentiary record was incomplete regarding the conditions under which the agreement was presented and signed, including potential misrepresentations and the plaintiff’s understanding of the document.
Given the document’s structure, typographical errors, and disputed circumstances, the court concluded that credibility findings and a full evidentiary record were required.
Summary judgment was therefore inappropriate and the enforceability of the waiver must be determined at trial.
