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Question
Sam was an expert distance runner who entered into Big City Marathon. In order to participate, he had to sign a "General Release of Claim," which said that he assumed all risk of competition and released all claims against the Marathon and its sponsors. During the first mile, Sam was found unconscious, probably as a result of tripping and falling on his head. He died a few hours later. Sam's estate filed a wrongful death suit against Marathon. Is the suit barred by the exculpatory clause?
Answer
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