In August 2020, AUAF sponsored a trip for underprivileged youth to the Oxus River in the Afghan Pamir for the purpose of going whitewater rafting. AUAF’s head of student affairs, Khalil Gibran, handled most of the arrangements for the whitewater event on behalf of AUAF. Khalil required all youth participants to obtain permission slips from their parents. Mariam Hind gave verbal permission to her daughter, Ariana, to participate. While Mariam remembered also signing a permission slip to facilitate Ariana’s participation in the trip, Ariana apparently lost the form before turning it in to Khalil. Nonetheless, Mariam recalled giving Khalil verbal authorization for her daughter to join the rafting trip. Khalil, on behalf of AUAF, subsequently signed two documents with the rafting company, Oxus River Rafting, Inc., on Ariana’s behalf: The first was an indemnity agreement (an agreement where one party agrees to pay for potential losses or damages caused by another party) and the second, a release of liability agreement. The release of liability agreement, which was signed by both Ariana and Khalil as her guardian, read: I understand this rafting trip, which has been arranged by OXUS RIVER RAFTING, INC., is a recreational sport which involves certain hazards and risks. The risks and hazards involved may include, but are not limited to, traveling in rough waters in a rubber raft, having medical emergencies in remote areas, hypothermia, bodily injury, unexpected weather conditions, as well as risks involved in transportation by cars, buses, and other vehicles. By signing this form, I indicate I am aware of the above dangers and that, furthermore, I release OXUS RIVER RATING, INC. from liability, claims, debts, and actions of all kinds both now and in the future, as a result of my participation in this trip. I hereby assume all risks and dangers and all responsibility for any losses and/or damages, whether caused in whole or in part by the negligence or other conduct of the owners, agents, officers, or employees of OXUS RIVER RAFTING, INC, or by any other person. During the trip, Ariana’s raft flipped over, she was pinned against a rock, and she drowned before she could be rescued. Ariana’s mother brought a lawsuit against the rafting company claiming her daughter’s death was the result of the rafting company’s negligence. The rafting company brought a lawsuit against both AUAF and Khalil asserting that they were contractually obligated to pay for any damages that may be found against it, on the basis of the two documents signed by Khalil. AUAF responded the agreements were void as against public policy. Discuss.

Oh no! Our experts couldn't answer your question.

Don't worry! We won't leave you hanging. Plus, we're giving you back one question for the inconvenience.

Submit your question and receive a step-by-step explanation from our experts in as fast as 30 minutes.
You have no more questions left.
Message from our expert:
Hi and thanks for your question! Unfortunately we cannot answer this particular question due to its complexity. We've credited a question back to your account. Apologies for the inconvenience.
Your Question:

In August 2020, AUAF sponsored a trip for underprivileged youth to the Oxus River in the Afghan Pamir for the purpose of going whitewater rafting. AUAF’s head of student affairs, Khalil Gibran, handled most of the arrangements for the whitewater event on behalf of AUAF. Khalil required all youth participants to obtain permission slips from their parents.

Mariam Hind gave verbal permission to her daughter, Ariana, to participate. While Mariam remembered also signing a permission slip to facilitate Ariana’s participation in the trip, Ariana apparently lost the form before turning it in to Khalil. Nonetheless, Mariam recalled giving Khalil verbal authorization for her daughter to join the rafting trip.

Khalil, on behalf of AUAF, subsequently signed two documents with the rafting company, Oxus River Rafting, Inc., on Ariana’s behalf: The first was an indemnity agreement (an agreement where one party agrees to pay for potential losses or damages caused by another party) and the second, a release of liability agreement. The release of liability agreement, which was signed by both Ariana and Khalil as her guardian, read:

I understand this rafting trip, which has been arranged by OXUS RIVER RAFTING, INC., is a recreational sport which involves certain hazards and risks. The risks and hazards involved may include, but are not limited to, traveling in rough waters in a rubber raft, having medical emergencies in remote areas, hypothermia, bodily injury, unexpected weather conditions, as well as risks involved in transportation by cars, buses, and other vehicles.

By signing this form, I indicate I am aware of the above dangers and that, furthermore, I release OXUS RIVER RATING, INC. from liability, claims, debts, and actions of all kinds both now and in the future, as a result of my participation in this trip. I hereby assume all risks and dangers and all responsibility for any losses and/or damages, whether caused in whole or in part by the negligence or other conduct of the owners, agents, officers, or employees of OXUS RIVER RAFTING, INC, or by any other person.

During the trip, Ariana’s raft flipped over, she was pinned against a rock, and she drowned before she could be rescued.

Ariana’s mother brought a lawsuit against the rafting company claiming her daughter’s death was the result of the rafting company’s negligence. The rafting company brought a lawsuit against both AUAF and Khalil asserting that they were contractually obligated to pay for any damages that may be found against it, on the basis of the two documents signed by Khalil. AUAF responded the agreements were void as against public policy. Discuss.

Knowledge Booster
Constitution
Learn more about
Need a deep-dive on the concept behind this application? Look no further. Learn more about this topic, management and related others by exploring similar questions and additional content below.
Similar questions
  • SEE MORE QUESTIONS
Recommended textbooks for you
Understanding Business
Understanding Business
Management
ISBN:
9781259929434
Author:
William Nickels
Publisher:
McGraw-Hill Education
Management (14th Edition)
Management (14th Edition)
Management
ISBN:
9780134527604
Author:
Stephen P. Robbins, Mary A. Coulter
Publisher:
PEARSON
Spreadsheet Modeling & Decision Analysis: A Pract…
Spreadsheet Modeling & Decision Analysis: A Pract…
Management
ISBN:
9781305947412
Author:
Cliff Ragsdale
Publisher:
Cengage Learning
Management Information Systems: Managing The Digi…
Management Information Systems: Managing The Digi…
Management
ISBN:
9780135191798
Author:
Kenneth C. Laudon, Jane P. Laudon
Publisher:
PEARSON
Business Essentials (12th Edition) (What's New in…
Business Essentials (12th Edition) (What's New in…
Management
ISBN:
9780134728391
Author:
Ronald J. Ebert, Ricky W. Griffin
Publisher:
PEARSON
Fundamentals of Management (10th Edition)
Fundamentals of Management (10th Edition)
Management
ISBN:
9780134237473
Author:
Stephen P. Robbins, Mary A. Coulter, David A. De Cenzo
Publisher:
PEARSON