Dear Tutor,

I need your help on the question regarding law, exemption clause question.

Skating Fun Company ("SFC") operates a skateboarding park. Due to the provision of special facilities located within the park, SFC charges a fee of $10 for admission, and this admission fee is collected by a cashier situated at a booth located next to the main entrance of the park. Payment must be made prior to entry into the park.

At the side of the cashier's booth, there is a readily visible notice board with some text on it. The text is printed in a readable font size and colour, and contain the following clauses:

"(I) Welcome to our skateboarding park! As skateboarding is a physical activity that carries risks, please take care of your own safety at all times.

(II) We shall not be responsible or liable for any physical injury, property damage or any other loss suffered by you in connection with your use of the park and its facilities, whether due to any act, omission, negligence or otherwise on our part."

Dustin is a skateboarding enthusiast and he decided to visit the park. He paid the admission fee to the cashier, and as he was doing so, he saw the notice board. However, he did not bother to read the text in detail.

After Dustin entered the park, he started using one of the high ramps. Unfortunately, he suffered a fall at this high ramp, causing his elbow to be injured and his watch to be damaged. When the park officers investigated the cause of the fall, they discovered that the maintenance staff had been negligent in maintaining the surface of the high ramp. This caused the high ramp to have an uneven surface that caused Dustin's fall.

Question 1:

Apply the legal rules under the four (4) points relating to the enforceability of exemption clauses to analyse whether the relevant clause in this scenario is valid and enforceable against Dustin in relation to (i) his elbow injury, and (ii) the damage to his watch. (to define an exemption clause and expressly identify the relevant exemption clause in this scenario.)

Question 2:

To support your analysis with reasons, case law and/or statutory provisions (where applicable).

Thank you.