Can an exculpatory contract be legally enforced if it is in "fine print" on an admission ticket that is not signed or read?

The enforceability of an exculpatory contract, particularly when it is presented in "fine print" on an admission ticket, is primarily contingent on factors such as the party's awareness and assent to the terms. While there are legal principles that suggest that parties should read contracts they enter into, the courts also emphasize the importance of the conspicuousness of the terms, especially in instances involving public policy or consumer protection.

In this case, option D asserts that the exculpatory clause can still be legally enforceable. This is justified because, in some jurisdictions, the requirement for an enforceable exculpatory clause does not strictly depend on the visibility (or lack thereof) of the fine print, especially if the purchaser had a reasonable opportunity to be aware of the terms, even if they did not read them. The act of purchasing the ticket may demonstrate a form of acceptance, which some courts may deem to satisfy the requirement of assent to the contract terms, including the exculpatory clause, regardless of whether the font was small or hard to read.

Additionally, the concept of “notice” plays a crucial role. If a reasonable person would know about the existence of the contract terms through the act of purchasing an admission ticket, the