Lhotka died from an altitude-related illness while he and his mother, Menefee, were on an expedition up Mount Kilimanjaro with Geographic Expeditions Inc. Before going, they signed a waiver of liability and a release form after receiving a letter from GEI that said completion of the form was mandatory. The form said they had to sign the agreement without modification and said that other travel companies were no different. The form contained a clause calling for arbitration of any dispute in San Francisco, even though Lhotka and Menefee were Colorado residents. 

Finally, the form required them to indemnify GEI for costs and attorney fees for any resulting litigation (regardless of who won). After Lhotka's death, Menefee sued under various theories, including that the arbitration clause was unconscionable. Was the arbitration clause unconscionable?

Answer rating: 100% (QA)

Unconscionable clause is such a clause wherein the terms in the clause heavily favors one party putt... View the full answer