COHEN V. FIVE BROOKS STABLE
Plaintiff, who fell from a horse during a guided trail ride, did not release the provider of the horse and guide from liability for injuries caused when guide suddenly caused his horse to gallop without warning the other riders, thereby causing plaintiff's horse also to gallop. Express release of liability resulting from tendency of horses to "run and bolt uncontrollably...without warning and without apparent cause" did not clearly and unambiguously inform an ordinary person untrained in the law that its purpose and effect was to exempt defendant from liability for its own negligence. Where guide admittedly knew that many riders were inexperienced or unskilled, and defendant stated in writing that it endeavored to provide skilled guides so that riders could enjoy the activity even if unskilled themselves, triable issue existed as to whether guide's sudden action increased the risk inherent in the activity, precluding summary judgment based on primary assumption of risk.
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