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Twelve-year-old Justin (P) sustained severe head injuries while skiing at D. Justin (P) was a student of the privately owned Grayson Connor Ski School (hereafter ski school), which offered lessons at the ski resort. Justin (P) was attempting to ski on a slalom race course which had been laid out by the ski school owner, allegedly according to instructions from an agent of D. The mother Barbara Scott (P) with Justin’s father’s knowledge and acquiescence signed the application which included: For and in consideration of the instruction of skiing, I hereby hold harmless Grayson Connor, and the Grayson Connor Ski School and any instructor or chaperon from all claims arising out of the instruction of skiing or in transit to or from the ski area. I accept full responsibility for the cost of treatment for any injury suffered while taking part in the program. Justin (P) was practicing on the racecourse, and he missed one of the gates and left the course. Justin (P) appeared to be turning uphill to avoid an unused tow rope shack but was unable to do so and was ejected from his skis and down into the depression under the shack. He was found unconscious underneath the shack wrapped around one of the shack's 12- by 12-inch supports, and had sustained severe head injuries. Ps sued D and the ski school, alleging the racecourse had been improperly prepared and had been negligently placed too close to an unfenced towrope shack, which was supported by exposed unpadded pillars. The shack was approximately 40 feet from the closest gate. The ski school moved for summary judgment based on the exculpatory clause in the ski school application, signed by Justin's (P) mother. The trial judge granted that motion and dismissed the claims against the ski school. D moved for summary judgment on the ground that Justin (P) had 'assumed the risk' and was thus barred from recovery in a negligence action against D. The trial judge granted that motion and dismissed the claims against D. Ps appealed.

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