Clause & Effect <b>Contestant Releases/Physical Injury Claims

The U.S. District Court for the District of Columbia decided that a contestant on the TV game show “Wheel of Fortune” was barred by a release he signed from pursuing a negligent conduct claim against the show's producer over alleged injuries he sustained during taping. But the court also ruled that the contestant could proceed with his claims of reckless or intentional conduct. Wright v. Sony Pictures Entertainment Inc., 03-2083 (JDB). Will Wright was the winning contestant on a “Wheel of Fortune” segment taped in Washington, DC. In the contestant release form he signed, Wright acknowledged that he waived the right to bring any claims arising from “participation on the program or from use of any prize.” The release also stated in capital letters:

“I AGREE THAT I WILL NOT BRING OR BE A PARTY TO ANY LEGAL ACTION OR CLAIM AGAINST THE RELEASED PARTIES, BASED UPON OR ARISING OUT OF MY PARTICIPATION ON THE PROGRAM OR IN ANY WAY RELATED TO THE PROGRAM, OR ANY EXPLOITATION OF THE PROGRAM, ON ANY LEGAL THEORY (INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY …)”

Wright claimed that when show host Pat Sajak approached to congratulate him on winning the show segment, instead of shaking Wright's hand, Sajak “jumped on” Wright, wrapped his arms and legs around him and “kind of like bounced.” The district court first found that District of Columbia law should apply to the suit Wright filed, even though he lived in Virginia, because the contestant release form was “negotiated, signed, and substantially performed” in DC, and because Wright's tort claims arose in DC. The court went on to note that for Wright's negligent conduct claim, “there is no public policy prohibition on enforcing prospective liability waivers. … [T]he Contestant Release Form … is unambiguous and clear so that plaintiff would understand he was waiving his right to bring a claim for personal injuries suffered as a result of his participation as a contestant on Wheel of Fortune.” However, the court also concluded: “[Restatement (Second) of Contracts Sec. 195(1)] articulates a public policy that prohibits enforcement of prospective liability waivers for recklessly or intentionally caused harms. Under that principle, plaintiff's claims of negligence and infliction of emotional distress, to the extent they allege (and plaintiff ultimately proves) reckless or intentional conduct, cannot be waived by the Contestant Release Form signed by plaintiff.”