Joyce Johnson (plaintiff) bought new ski boots from New, Inc. (defendant), doing business as Wintersport Ski & Spa (Wintersport). Wintersport adjusted Johnson’s ski bindings for her to use with her new boots. When Johnson went to pick up her equipment, she signed a waiver stating she releases Wintersport from liability for damage and injury caused by Wintersport’s negligence in adjusting the boot-binding system. The waiver stated the ski-boot-binding system would not always release and thus it was not possible to guarantee her safety. While Johnson was skiing, she fell. The bindings did not release, causing Johnson to injure her knee. She brought suit against Wintersport for their negligent adjustment of the bindings. The trial court granted Wintersport’s motion for summary judgment, and Johnson appealed.