California, United States of America
The following excerpt is from Salton Bay Marina, Inc. v. Imperial IrrIGAtion Dist., 172 Cal.App.3d 914, 218 Cal.Rptr. 839 (Cal. App. 1985):
This result is equally compelled by the rules of law governing the interpretation of clauses attempting to limit liability for negligence. The language of an agreement in order to exclude liability for negligence must be "clear and explicit" and "free of ambiguity or obscurity." (Conservatorship of Link (1984) 158 Cal.App.3d 138, 143, 205 Cal.Rptr. 513.) The law generally looks with disfavor on attempts to avoid liability or to secure exemption for one's own negligence. (Celli v. Sports Car Club of America, Inc. (1972) 29 Cal.App.3d 511, 518, 105 Cal.Rptr. 904.) The law requires exculpatory clauses to be strictly construed against the party relying on them. (Id., at p. 519, 105 Cal.Rptr. 904.)
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