Hello please help here I'm confused. Thank you

Hi, does the fact that the Ski Company should have known about the weather beforehand become a factor in this case scenario? Is negligence waived off by them signing the waiver? how about exclusion?

This is a part of the description of exclusion: If the exclusion clause is held to be valid at the time of contract formation and applicable to the facts of the case, the court may consider whether the clause should be enforced on the basis of public policy. The party seeking to avoid enforcement of the exclusion clause must demonstrate an abuse of freedom of contract that outweighs the public interest in the court enforcing contracts made by the parties. The court noted that conduct approaching serious criminality, even though not outright criminal, or obvious fraud are examples of conduct that would override freedom of contract and render an exclusion clause inoperable.

Extreme Skiing Company, a company that specializes in ski trips, offers a heli-skiing trip that involves a helicopter ride to a remote mountain slope. The price of $1,000 per person, which includes hotel, meals, and helicopter transportation, is advertised in a skiing magazine. In response to the advertisement, Allyson calls Extreme Skiing and agrees over the telephone that she and Matthias will join the trip. Extreme Skiing's representative says he will mail the enrollment forms to Allyson and Matthias. Allyson agrees that she and Matthias will meet the trip operators at the hotel the day before the trip. Two weeks before the trip date, Allyson and Matthias receive and complete the enrollment forms. They mail the forms back to Extreme Skiing along with the payment price. These are received by the company one week before the trip.

Allyson and Matthias go to the designated hotel the day before the trip. As they and the other eight participants assemble in the hotel lobby, the trip operators hand out forms entitled "Standard Release and Waiver of Liability" and ask each participant to sign one. The form states that ExtremeSkiing is not responsible for any losses or damages suffered by the participants for any reason, including negligence on the part of the company.

Allyson and Matthias are reluctant to sign the form but are told that unless they do so they will not be allowed to go on the trip. Finally, they sign the form. The next day, all the participants are taken by helicopter to the ski slope.

During the course of the ski trip, there is an avalanche and Allyson suffers a broken leg as a result. Matthias also loses all his ski equipment. An investigation reveals that there had been an avalanche warning about the area into which the participants were flown, and that Extreme Skiing ought to have been aware of this warning.

What is the main contract issue that arises in this fact situation? Discuss why it is an issue in accordance with contract law principles.