Heil Valley Ranch, Inc. v. Simkin

We granted certiorari to decide whether a release or exculpatory agreement purporting to waive “any claim [plaintiff] might state against the [defendant] as a result of physical injury incurred” while horseback riding is clear and unambiguous under Jones v. Dressel, 623 P.2d 370, 376-78 (Colo.1981). The court of appeals held that the agreement in this case, which did not use the word “negligence” in its exculpatory provision, was void because it was ambiguous. Simkin v. Heil Valley Ranch, Inc., 765 P.2d 582, 584-85 (Colo.App.1988). We conclude that a valid release or exculpatory agreement…