Facts: Katelyn joined a group of friends at a local paintball shooting range one afternoon. Before being allowed to participate, Splat Enterprises, the owner of the range, had Katelyn sign a waiver of liability. The waiver read in part:
I, for myself, release and hold harmless Splat Enterprises, the owners and operators of a paintball shooting facility with respect to any and all injury or loss, whether caused by the negligence of Splat Enterprises or others, except that which is a result of gross negligence or intentional action.
During the afternoon of paintball activities, Katelyn's mask became loose several times. Each time she returned to the Splat Enterprises' office and staff made adjustments. At one point Katelyn's mask was forced off her head by a branch as she tried to hide behind a tree. While the mask was dislodged, she was hit in the eye by a paintball pellet. The injury caused her the permanent loss of sight in one eye.
- Does the signed waiver restrict Katelyn from successfully suing Splat Enterprises for damages?
- What is necessary for a court to uphold the exculpatory clause and release the park from liability?
- What is necessary for a court to overturn the exculpatory clause and hold the park liable?