Inc. Mrs. Brooks and her husband filed a diversity suit against Timberline Tours, Inc. and the other Defendants in the United States District Court for the District of Colorado. Plaintiffs alleged that the negligence of Defendants caused the accident in which their son drove off the trail and over an embankment with his mother as a passenger. I understand and acknowledge those risks may result in personal claims against Timberline Tours, Inc., . . . . . . . . I hereby voluntarily release Timberline Tours, Inc., . . . I further agree, promise and covenant not to sue, assert or otherwise maintain or assert any claim against Timberline Tours, Inc., . . .
Plaintiffs appeal the district court's summary adjudication of their claims.
For the reasons stated herein, we affirm. Whether an exculpatory release is valid is a question of law for the court to determine. Therefore, the validity of an exculpatory release is an appropriate issue for summary adjudication. The parties agree that only the fourth Jones factor, the clarity of the language, is at issue in this appeal. The release provisions are written in simple, clear terms that are free from legal jargon.