Ken Sulejmanagic, aged 19, signed up for a course in scuba diving taught by Madison at the YMCA.

A: Ken Sulejmanagic, aged 19, signed up for a course in scuba diving taught by Madison at the YMCA. Before it began, Ken was required to sign a form releasing Madison and the YMCA from liability for any harm that might occur. At the end of the course, Madison, Ken, and another student went into deep water. After Ken made the final dive required by the course program, Madison left him alone in the water while he took the other student for a dive. When Madison returned, Ken could not be found, and it was later determined that he had drowned. Ken’s parents sued Madison and the YMCA for negligence in the performance of the teaching contract. The defendants raised the defense that the release Ken signed shielded them from liability. The plaintiffs claimed that the release was invalid. C: Ken’s parents cannot sue Madison and the YMCA because Ken signed a form releasing them from liability for any harm that might occur. When it is established that there has been a waiver of a breach, the party waiving the breach cannot take any action on the theory that the contract was broken.

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