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Mero Case Summary

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Is CST liable to Mero Did CST act ethically in placing a release of liability clause in its contract?
Short Answers
No CST is not liable to Mero.
CST did act ethically in placing a release of liability clause in its contract.
Statement of Facts
City Segway Tours of Washington DC, LLC (CST), operated tours where customers used Segway personal transportation vehicles to tour the city.
Norman Mero and his significant signed up for the tour and signed a contract.
The contract they signed prior to beginning the tour contained a release of liability clause (exculpatory clause).
The contract stated I do hereby waive, release, acquit, and forever discharge the CST Indemnitees from any and all losses, claims, suits, causes of action, etc. for …show more content…
CST asserted that the release of liability clause that Mero signed released it from liability.
Mero argued the release of liability clause was not enforceable.
Discussion
Mero and his significant other signed up to do a Segway tour of D.C. with City Segway Tours of Washington DC. Prior to beginning the tour they signed a contract that contained a release of liability clause. While on the tour Mero collided with the Segway ridden by his significant other. Nero broke his arm in the accident. Nero Sued CST for negligence to recover for his injuries. CST asserted that the release of liability clause that Mero signed released it from liability. Mero argued the release of liability clause was not enforceable.
Conclusions
CST is not liable for Mero. CST had Mero and all other customer sign a contract that contained a release of liability clause (exculpatory clause). When Mero willingly signed the contract he became responsible for whatever happened during the tour.
CST did act ethically in placing a release of liability clause in its contract. CST needs to protect themselves as a business. The contract they provided makes people liable for their own

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