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Beauty Shop Woes. When Janice went to work as a hairstylist in Rick’s shop, she entered into an agreement with Rick whereby if she left, she would not work for another beauty shop within 50 miles for 2 years. Rick trained Janice in several new techniques. After nine months, Janice was offered a great job down the street at a new beauty shop, quit Rick, and had a number of customers follow her down the street to her new job. Rick claimed that she had signed a contract and had no right to go to work at the new shop. Janice disagreed and told Rick that no judge in the country would enforce such an agreement. Janice told Rick that she was more worried about a customer, Treena, who was threatening to sue her because her hair turned green after Janice worked on it. Janice agreed that Treena’s hair was damaged. Janice pointed out, however, that she told Treena that odd results could result from a dye attempt, and she required that Treena sign a contract releasing Janice from all liability before she did anything with Treena’s hair. Treena, however, sued anyway. Which of the following is true regarding the enforceability of the clause providing that Treena not hold Janice liable for any bad results?
A) Such clauses are always enforced so long as the complaining party had the capacity to contract.
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B) Such clauses are never enforced.
C) Such clauses are enforced so long as no duress was applied.
D) Such clauses are enforced unless a person sustains a physical injury, and hair damage would not qualify as a physical injury.
E) Such clauses might be enforced if the contract involves private businesses providing nonessential services.