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Although exculpatory agreements are not favored and are strictly construed against the party they benefit, (Scott & Fetzer Co. v. Montgomery Ward & Co., 112 Ill. 2d 378, 395, 493 N.E.2d 1022, 98 Ill. Dec. 1 (1986)), parties may allocate the risk of negligence as they see fit, and exculpatory agreements do not violate public policy as a matter of law. Platt v. Gateway International Motorsports Corp., 351 Ill. App. 3d 326, 330, 813 N.E.2d 279, 286 Ill. Dec. 222 (2004). An exculpatory agreement will be enforced if: '(1) it clearly spells out the intention of the parties; (2) there is nothing in the social relationship between the parties militating against enforcement; and (3) it is not against public policy.' Chicago Steel Rule & Die Fabricators Co. v. Travelers Indemnity Co. of Ill., 327 Ill. App. 3d 642, 645, 763 N.E.2d 839, 261 Ill. Dec. 590 (2002).
'[T]he law does not favor contract provisions which relieve a person from his own negligence. . . .' Hyson v. White Water Mountain Resorts of Connecticut, Inc., 265 Conn. at 643, 829 A.2d 827. '[T]he law's reluctance to enforce exculpatory provisions of this nature ...
