Polly decides to go snow skiing at a ski facility owned by Bill.Bill requires that all the skiers sign an agreement containing a release providing that even if the ski facility is negligent and that negligence results in injury,the skier agrees not to hold the ski facility liable.While on one of the steepest slopes Polly fell,breaking her leg.She complains that she was not adequately warned of conditions on the slope and sues Bill.Polly's position is that the release is not enforceable.What is the release Polly signed called,and what is Bill's best argument?

The release is called an exculpatory clause.An exculpatory clause is a statement releasing one of the parties to an agreement from all liability,regardless of who is at fault or what the injury suffered is.A basic test to determine whether an exculpatory clause is unenforceable is to see whether the enforcing party engages in a business directly related to the public interest.Courts believe it is against the public interest to release businesses engaging in work in the public's interest from accountability to the public they are serving.Bill's best argument would be that the services provided by the ski facility were not related to the public interest and not something in which people were required to engage.Polly could have declined skiing if she did not want to be bound by the clause.