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Contracts Keyed to Blum
Lhotka v. Geographic Expeditions, Inc.
Citation:
104 Cal. Rptr. 3d 844, 181 Cal. App. 4th 816 (2010)Facts
Lhotka and Plaintiff were required to sign Defendant’s limitation of liability and release form before participating in a $16,831 expedition to hike Mount Kilimanjaro. The form released Defendant from all liability in connection with the trip and waived any liability claims “to the maximum extent permitted by law.” The release also required that the parties submit any disputes first to mediation and then to binding arbitration. Additionally, a letter from Defendant’s president explained that the form was mandatory and that the form was standard industry practice. Lhotka died of an altitude-related sickness while on the expedition, and his mother, Plaintiff, filed suit.
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