The Appeals Court, nonetheless, ruled that since the code in question did not relate to the maintenance of the surface of the skating rink, the release was enforceable. In other words, since Whitman's professional judgment was involved, and because regulations are generally tailored to ensure that decisions such as this are made only by qualified instructors, Whitman's violation of her statutory duty precludes enforcement of the release to shield her from liability. State licensing requirements for instructors in effect in 1996 clearly contemplated protecting the public. Massachusetts regulations required applicants to furnish three references who can attest to the knowledge and skill of the applicant. See 330 Code Mass.
Regulations also delineate three licensing skill levels dependent on the ability of the applicant.
See 330 Code Mass. Finally, applicant's names must be published in a trade journal and comments on their qualifications solicited from the public. See 330 Code Mass. Contrast these regulations with more stringent ones currently in effect. B. Diana Mukpo Mukpo stands on a different footing than Whitman.