P sustained personal injuries while taking a physical agility test to become a firefighter/paramedic for the D Fire Department. Ds moved to dismiss the negligence count asserting that the exculpatory agreement signed by P before taking the test released them from liability. P admitted signing the exculpatory agreement before taking the test but stated she only did so to obtain employment. She maintained that the exculpatory agreement is unenforceable. The court granted Ds' motion and dismissed with prejudice the ordinary negligence count. P appealed.

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