Jones v. Dressel
Colorado Supreme Court
623 P.2d 370 (1981)
17-year-old Jones (plaintiff) signed a skydiving-services contract with Free Flight (defendant) containing an exculpatory clause releasing it from all liability, including negligence, with an alternative fee-based option to waive the clause that was crossed out before Jones signed and which Jones never asked to use. After turning 18 and continuing to use Free Flight's services, Jones was seriously injured when a Free Flight plane crashed en route to a jump site; he sued for negligence and willful and wanton conduct, and the trial court granted the defendants partial summary judgment on the simple-negligence claim based on the exculpatory clause.
Whether an exculpatory provision in a contract for nonessential services relieves a defendant from liability for simple negligence where the contract was fairly entered into and the exculpatory intent was clear and unambiguous.