(PLEASE JUST ANSWER QUESTION 4 BELOW - QUESTION 3 IS TO BE USED FOR POINT OF REFERENCE TO ANSWER QUESTION 3)

Question 3:

BJs Wholesale Club offers its members use of a childrens play center where parents can drop off their children while they shop. To use the play center, the parent must sign a standard form release, printed in eight-point bold type, that includes the following exculpatory and indemnification language:

I, individually and on behalf of my child, do hereby waive, release and forever discharge BJs Wholesale Club, Inc. from any and all claims and causes of action of any kind or nature which are in any way related, directly or indirectly, to the use of Play Center which I may have or that hereafter may accrue including any such claims or causes of action caused in whole or in part by the negligence of BJs Wholesale Club, Inc. I understand that my child is here at my own risk and expense and agree that neither I nor my child will bring any claim or cause of action of any kind or nature against BJs Wholesale Club, Inc. I further agree to indemnify, defend and hold harmless BJs Wholesale Club, Inc. from any claims or causes of action of any kind arising from my or my childs use of the Play Center.

Member Russell Rosen signed the release without reading it after being told that the terms were standard by a BJs employee. Fifteen months later, his wife took their five-year-old son to BJs. She dropped him off at the play center, where he was severely injured after falling off play equipment. The parents, individually and as parents and next friends of their son, filed a negligence action. BJs filed a counterclaim, alleging breach of the release agreement. BJs then moved for summary judgment, invoking that agreement, which the trial court granted. The parents appealed.

1. Who will be successful on appeal?
2. Are the terms of this release standard? Does your answer to this question affect who you think will be successful on appeal?
3. If you were an executive at BJs Wholesale Club, would you change any of your business practices going forward?

Question 4:

Same facts as question 3, Member Russell Rosen slipped and fell on a wet floor outside of the Play Center and injured her back. There was no wet floor sign.

1. What claims does Rosen have against BJs Wholesale Club?
2. Who will be successful on each claim?
3. Does the waiver signed by Rosen affect this situation at all?