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Before climbing at Summit Wall, Elise signed a one-page release stating that she "releases Summit Wall from claims for ordinary negligence arising from the inherent risks of indoor rock climbing, including falls, holds breaking, and belay errors." Summit Wall required employees to clip each climber into an auto-belay and then tug the line before allowing the climber onto the wall.
An employee waved Elise onto the wall without clipping her into the auto-belay, even though a red warning light was flashing at the base of the lane. Elise did not see the light and assumed the employee had clipped her in. She fell from 18 feet and was injured. Summit Wall argues that the release bars the claim and that Elise assumed the risk of falling by choosing to climb.
Analyze Summit Wall's express-assumption and implied-assumption-of-risk defenses. Discuss any limits if the employee's conduct is found grossly negligent or reckless rather than merely negligent.