Therefore, because the defendants' purpose for the excursion with respect to Murley was instructional, N.Y.G.O.L. ยง 5-326 is inapplicable. The Court further finds that under New York case law, the liability releases signed by Murley were written in clear and unequivocal language with the expressed intent of absolving the defendant from the consequences of all negligence. See Scrivener v. Sky's The Limit, Inc., 68 F. Supp.2d 277, 280 (S.D.N.Y. 1999) (holding an agreement releasing a skydiving company from liability was enforceable because the agreement expressed in unequivocal and clear terms the intention of the company and its instructors to be relieved from liability); Lux v. Cox, 32 F. Supp.2d 92, 100 (W.D.N.Y. 1998) (holding that an exculpatory agreement releasing a race car driving school from liability for negligence enforceable because the language clearly expressed the intent of the parties); Watts v. Country Cycle Club, Inc., 237 A.D.2d 350, 655 N.Y.S.2d 422 (2d Dep't 1997) (holding that the language of the release clearly expressed the intention of the parties to relieve the defendant of liability for injuries due to defendant's negligence); Chieco v. Paramarketing, Inc., 228 A.D.2d 462, 643 N.Y.S.2d 668 (2d Dep't 1996) (holding the release and waiver for paragliding lesson to be valid despite plaintiff's allegation that he did not read or understand the document); Baschuk v. Diver's Way Scuba, Inc., 209 A.D.2d 369, 370, 618 N.Y.S.2d 428 (2d Dep't 1994) (holding that a liability release signed by a student in a scuba diving course was enforceable because the release's clear and unequivocal language expressed the intent to relieve the school of all liability for personal injury). Moreover, as previously stated, it is undisputed that Murley was aware of the dangers of scuba diving and fully assumed the risks.
Accordingly, the release is enforceable. See Lux v. Cox, 32 F. Supp.2d 92, 100 (W.D.N.Y. 1998) (granting summary judgment and holding exculpatory agreement releasing the race car driving school from liability for negligence valid because language clearly expressed the intent of the parties); McDuffie v. Watkins Glen Int'l, Inc., 833 F. Supp. 197, 202 (W.D.N.Y. 1993) (granting summary judgment denying race car driver's negligence claim because of valid release); Watts v. Country Cycle Club, Inc., 237 A.D.2d 350, 655 N.Y.S.2d 422 (1997) (affirming grant of summary judgment because language of release clearly expressed the intention of the parties to relieve the defendant of liability for injuries sustained by plaintiff due to defendant's negligence); Chieco v. Paramarketing, Inc., 228 A.D.2d 462, 643 N.Y.S.2d 668 (2nd Dep't 1996) (reversing denial of defendant's summary judgment motion because plaintiffs release and waiver for a paragliding lesson valid despite plaintiffs allegation that he did not read or understand the document); Baschuk v. Diver's Way Scuba, Inc., 209 A.D.2d 369, 618 N.Y.S.2d 428 (2nd Dep't 1994) (affirming grant of summary judgment for the defendant because release signed for scuba diving instruction unequivocally expressed parties' intention to relieve defendant from liability for personal injuries due to defendant's negligence). Scrivener maintains, however, that the release is void under New York General Obligations Law ยง 5-326 which provides: