1. What did the judge mean when he said that

1. What did the judge mean when he said that GeoEx’s one-sided arbitration scheme “may well guarantee that GeoEx wins even if it loses”?

2. Did the fact that the terms of the release were nonnegotiable contribute to its procedural unconscionability or its substantive unconscionability? Explain.


Jason Lhotka was thirty-seven years old when he died of an altitude-related illness while on a GeoEx [Geographic Expeditions, Inc.] expedition up Mount Kilimanjaro with his mother, plaintiff Sandra Menefee. GeoEx’s limitation of liability and release form, which both Lhotka and Menefee signed as a requirement of participating in the expedition, provided that each of them released GeoEx from all liability in connection with the trek and waived any claims for liability “to the maximum extent permitted by law.”