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Contracts that seek to exculpate a party from liability for the party's own negligence are not favored by the law. Pride v. Southern Bell Telephone & Telegraph Co., 244 S.C. 615, 138 S.E. (2d) 155 (1964). An exculpatory clause is to be strictly construed against the party relying thereon. Id. 'It will never be . . . construed . . . to exempt [a party] from liability for his own negligence . . . in the absence of explicit language clearly indicating that such was the intent of the parties.' Hill v. Carolina Freight Carriers Corp., 235 N.C. 705, 71 S.E. (2d) 133, 137 (1952). 


As far as public policy is concerned, parties are generally permitted to agree in advance that one is under no obligation of care for the benefit of the other, and shall not be liable for the consequences of conduct which would otherwise be negligent. Prosser, Law of Torts, § 68, at 442 (4th Ed. 1971).Thus, in the absence of legislation to the contrary, there is ordinarily no public policy which prevents parties from contracting as they see fit. Consequently, it is not against public policy to enter into an ...

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