“Defendant claims that Plaintiff may not recover any damages because he agreed before the incident that he would not hold Defendant responsible for any damages. If Defendant proves that there was such an agreement and that it applies to Plaintiff’s claim, then Defendant is not responsible for Plaintiff’s harm, unless you find that Defendant was grossly negligent or intentionally harmed Plaintiff. If you find that Defendant was grossly negligent or intentionally harmed Plaintiff, then the agreement does not apply. You must then determine whether she is responsible for Plaintiff’s harm based on the other instructions that I have given you.”
[CACI Jury Instructions [citations omitted]]
