Storer

BACKGROUND

Davis is president and owner of E Street MX, Inc., a recreational motocross track in Marysville. Davis described the track as one mile in length with numerous turns and jumps. Riders bring their own motorcycles and safety equipment to the track. Storer began riding motorcycle “dirt bikes” at the age of 13 and was a member of the E Street track. He first rode there in the 1980’s. Storer said that when he arrived at the track’s entrance, he was handed a clipboard and asked to sign his name. He said the only thing on the clipboard that he could see were names of other riders that signed in. He explained there was one folded sheet of paper with signature lines at the top of the clipboard, and underneath there was another sheet of paper with more signature lines. Storer did not know he was signing a release of liability, did not read the portion of the page above the fold, and did not ask if he was signing anything other than a sign-in sheet. He subsequently acknowledged his signature on numerous track release forms. According to E Street, a track employee routinely ensures that every customer signs a document entitled “release and waiver of liability, assumption of risk…