Law for Business 10th Edition by James Barnes,Terry Dworkin,Eric Richards

Exercise 11

The University of West Virginia has both intramural and club athletics. The university takes no role in the organization, regulation, or supervision of club sports, but it actively controls the intramural sports and regulates them for safety. Recognition as a club sport entitles the club to get money from the school, to join the sports club federation and get more money, and to use the school's facilities. Students participating in club sports are required to sign a release stating they recognize the hazards involved in the activity and that they waive any claims they may have against the university for injuries or death occurring as a result of their participation in the sport. Kyriazis played the club sport of rugby and was injured. When he sued, the university said the suit was barred by the exculpatory agreement. Should the court refuse to enforce the agreement on the ground of public policy?