Exculpatory Clause Enforcement

Exculpatory contract clause may excuse negligence, but only if:

1. enforcement does not adversely affect the public interest;
2. the exculpated party is not under a legal duty to perform;
3. the contract does not involve a public utility or common carrier; and
4. the contract does not grow out of unequal bargaining power or is otherwise unconscionable.

Marcinczyk v. N.J. Police Training Comm'n.