Darryl Wild Enters a Motorcycle Race

Multiple Choice

Darryl Wild enters a motorcycle race. As a condition of entering, he signs a waiver releasing the race organizers for any claims arising from injury to his person however caused, including as a result of negligence by them or their agents. During the race, a flag man goes too far out onto the course and when Darryl attempts to avoid him, he loses control and crashes. Darryl sues the organizers for his injuries. Which of the following is TRUE?

A) Motorcycle racing is a high risk activity.
B) Darryl could have been in no doubt as to the existence and extent of the waiver.
C) The courts generally uphold exemption clauses in actions brought by participants against high risk activities.
D) Both A and B
E) All of the above.