False. Exculpatory clauses, while they can be challenged in some situations, are not inherently unenforceable simply because individuals may not have had the chance to review and negotiate them. The enforceability of these clauses often depends on various factors, such as the clarity of the language, whether they are in a conspicuous location, and the overall context of the agreement. Courts will consider whether the clause is reasonable and whether it is against public policy, but lack of negotiation alone does not automatically render an exculpatory clause unenforceable.
true of false Exculpatory clauses (such as the ones you see on valet tickets when parking a car) are unenforceable because those who leave their cars in the care of a valet have not had a chance to review and negotiate the terms of the exculpatory clause that is being forced upon them.
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