Where would Celia file her lawsuit?

Celia decided to take a road trip with her two boys Evan and Mason. They live in Montana and decided they wanted to see the Grand Canyon. When they arrived at the Grand Canyon, they decided to join a trail tour by donkey. Prior to beginning the tour, Celia signed a release of liability contract in the event that something happened while on the trail. The release stated that “Canyon Tours is not responsible for any injuries and that all participants in the tour do so at their own risk.” Celia and the boys began the tour. About half way through, Celia’s donkey lost its footing on the trail causing Celia to fall off and hit her head. Celia suffered a concussion. Celia wants to sue for her injuries. 1. Where would Celia fi le her lawsuit? What defenses would Canyon Tours argue? 2. Assume that as part of the contract that Celia signed, the following clause was included: “Any claims that participants may have against Canyon Tours must be fi led in Grand Canyon, Arizona. The laws for the state of Arizona shall apply to any claims of participants.” The clause was not conspicuous and was simply part of the preprinted document? What arguments could Celia advance to argue that Montana law applied to the contract?

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