McAtee

Appellants Michael McAtee and Jed Seybold were injured while participating in a motorcycle, or “motocross,” race sponsored by respondent American Motocross Enterprises, and held on land owned by respondent Newhall Land & Farming Co., Inc. which had been rented to the sponsor for the purpose.

As a condition to entering the race appellants each signed a “Release and Waiver of Liability and Indemnity Agreement,” exact copies of which we attach as appendices to this opinion.

Based upon the injuries they suffered, appellants brought suit on the dual theories of general negligence and negligence associated with the ownership or possession of real property. After answering the complaint, respondents moved for summary judgment premised upon the respective release and waiver agreements. That motion was granted, the trial court expressing its reasoning as follows: “The Court: How could this be more clear, this release?

In urging the reasoning employed and the result reached by the trial court were erroneous appellants rely upon the rationales and decisions found in Conservatorship of Link (1984) 158 Cal.App.3d 138 [ 205 Cal.Rptr. 513 ], Ferrell v. Southern Nevada Off. Road…