On or about May 12, 2009, plaintiff Colleen M. Holmes signed and dated an Entry Form for the 2009 Susan G. Komen Race for the Cure (the Event) to be held on Saturday, June 13, 2009 [in St. Louis, Missouri]. The one- page entry form contained a section titled, “RACE WAIVER AND RELEASE.” This section contained the following language:
1. When do courts enforce exculpatory clauses?
2. What are the specific requirements for an exculpatory clause to be enforceable in Missouri?
3. Was the exculpatory clause at issue in this case enforceable? Why or why not?
4. When Holmes signed the release on May 12, KSDK had not yet become a sponsor of the event. Did this fact render the clause unenforceable? Explain.