## Facts

- The City of Santa Barbara operated “Adventure Camp,” a summer day camp serving children with developmental disabilities.
- Katie Janeway, a 14-year-old with cerebral palsy, epilepsy, and other disabilities, attended the camp.
- During registration, Katie’s mother signed an agreement releasing the City and its employees from liability for “any negligent act” connected to Katie’s participation.
- Katie drowned while attending the camp at the camp’s swimming pool.
- Katie’s parents sued for wrongful death, alleging negligence and gross negligence, including inadequate supervision and staffing.

## Issues

1. Whether a preinjury release in a recreational program may validly exculpate a provider from liability for future gross negligence under California public policy.
2. Whether, on summary judgment, the release could bar claims premised on alleged gross negligence.

## Decision

- The California Supreme Court affirmed the Court of Appeal’s judgment.
- The Court held that, in the recreational context, a release is unenforceable to the extent it purports to waive liability for future gross negligence.
- The Court declined to decide whether the release was enforceable as to ordinary negligence in this case.
- The Court left for further proceedings the factual question whether the defendants’ conduct amounted to gross negligence.

## Legal Principles

- Gross negligence is “a want of even scant care” or “an extreme departure from the ordinary standard of conduct.”
- Although releases may be enforceable to bar future liability for ordinary negligence in many recreational settings, public policy generally bars enforcement of agreements that attempt to excuse future gross negligence.
- A contractual term that would remove the obligation to meet at least a minimal standard of care in providing recreational services is void to the extent it purports to excuse aggravated misconduct.

## Conclusion

California public policy prohibits enforcing a preinjury recreational liability release insofar as it attempts to absolve a provider from future gross negligence, so such a release cannot bar claims alleging grossly negligent conduct.


City of Santa Barbara v. Superior Court, 41 Cal. 4th 747 (Cal. 2007)