(dissenting).
I respectfully dissent.
In my opinion, the roster and release form, signed by Johnson, was sufficient to release Rapid City and the Rapid City Softball Association from liability. Although Johnson does not dispute signing this form, she now contends that she did not know what she signed.
Besides being a softball player and the team’s manager when she signed the form, she was also a practicing attorney. Lawyers must be learned in the law. Educational requirements consist of satisfactorily passing an examination conducted by the State Board of Bar Examiners and graduation from a law school accredited by the American Bar Association. SDCL 16-16-6. In my opinion, she knew what she signed but does not want to be bound by what she signed.
South Dakota precedent recognizes that parties can agree to assume risks which are part and parcel of a sporting event. In Lee v. Beauchene, 337 N.W.2d 827, 829 (S.D.1983), this Court upheld the validity of a release where the plaintiff was injured due to an alleged negligently maintained race track. “The conduct complained of and the type of accident that occurred are clearly contemplated by, and within the scope of the release.” Id. According to her coach’s deposition, Johnson was not a good slider and ordinarily ran into base standing up. She purposely avoided sliding. Softball, while not a dangerous sport, is certainly not immune to injuries. Sliding is an expected part of the competition and clearly contemplated by the parties; it is innate to the game. Thus, injuries occurring therefrom are encompassed by the release. Harris v. Walker, 119 Ill.2d 542,116 Ill.Dec. 702, 519 N.E.2d 917 (1988); Trainor v. Aztalan Cycle Club, Inc., 147 Wis.2d 107, 432 N.W.2d 626 (App.1988); Malecha v. St. Croix Valley Skydiving Club, 392 N.W.2d 727 (Minn.App.1986). “The parties need not have contemplated the precise occurrence which occurred as long as it is reasonable to conclude the parties contemplated a similarly broad range of accidents.” Korsmo v. Waverly Ski Club, 435 N.W.2d 746, 749 (Iowa App.1988) (emphasis added) (citing Schlessman v. Henson, 83 Ill.2d 82, 46 Ill.Dec. 139, 141, 413 N.E.2d 1252, 1254 (1980)). This is consistent with a large and growing number of cases in other jurisdictions upholding these agreements in “sporting event” situations as noted by Aztalan Cycle Club, 432 N.W.2d at 631.* Naturally, there is recourse for intentional, willful or wanton acts.
Johnson bears the responsibility of avoiding the release. For her to now say that she did not know what she was signing is, in effect, to plead and assert that she is ignorant about her rights. Her argument is blatantly ridiculous. It is so weak that she does not even allege trickery, artifice, fraud, or *704undue influence to induce her to sign the release. Sorensen v. Coast-to-Coast Stores, 353 N.W.2d 666 (Minn.App.1984). She claims that she signed a “roster” not a release. “At the most, the document may have been innocently misrepresented, which would not have been sufficient to invalidate the release.” Paterek v. 6600 Ltd., 186 Mich. App. 445, 465 N.W.2d 342 (1990). No representations outside the contents of the release are alleged. She has faded to establish any of the aforementioned factors and is, thus, bound by the agreement to which she assents. Sabbagh v. Professional & Business Men’s Life Ins. Co., 79 S.D. 615, 116 N.W.2d 513 (1962). She did not meet the burden of negating the release. Gustafson v. Gustafson, 239 Neb. 448, 476 N.W.2d 819 (1991).
A written release is nothing more than a contract by which the parties consent to a release of an obligation. Maryland Casualty Co. v. Delzer, 283 N.W.2d 244 (S.D.1979); Erck v. Bachand, 10 N.W.2d 518 (S.D.1943). As such, its interpretation is a question of law. Butterfield v. Citibank of South Dakota, 437 N.W.2d 857, 858 (S.D.1989). Johnson had legal capacity to contract. SDCL 53-1-2. Public policy, as well as our State and Federal Constitutions, strongly favors freedom to contract. Did Johnson consent? Consent is a question of law. Amdahl v. Lowe, 471 N.W.2d 770 (S.D.1991); Federal Land Bank v. Houck, 68 S.D. 449, 4 N.W.2d 213 (1942); McPherson v. Fargo, 10 S.D. 611, 74 N.W. 1057 (1898).
She voluntarily entered into a relationship with the Rapid City Softball Association. Her signed release with its broad language provides a complete defense for damages against the defendant except for those due to intentional, willful, or wanton acts. Seymour v. New Bremen Speedway, Inc., 31 Ohio App.2d 141, 287 N.E.2d 111 (1971); Madison v. Superior Court, 203 Cal.App.3d 589, 250 Cal.Rptr. 299 (1988). The release need not contain the exact word “negligence” to achieve the intent of the parties. Douglass v. Skiing Standards, Inc., 142 Vt. 634, 459 A.2d 97 (1983).
Indicating that she was unaware of the release language on the form she signed, Johnson insists that she cannot be bound by the release. Ordinarily, a releasor cannot avoid the effect of a release upon the ground that at the time she signed the paper she did not read it or know its contents. 66 Am. Jur.2d Release § 15 (1973). Nonetheless, the State of Washington upheld that rationale in Baker v. City of Seattle, 79 Wash.2d 198, 484 P.2d 405, 406-07 (1971), holding that the disclaimer was buried in the middle of the agreement and was not conspicuous.
Not so here. Johnson’s release did not have the salient points hidden in fine print or fancy legal jargon. It was highlighted in red ink exclaiming: “WARNING — SOFTBALL MAY BE HAZARDOUS TO YOUR HEALTH!!!” The release proclaims, in capital bold letters, “WE DO HEREBY RELEASE THE R.C. SOFTBALL ASSN, THE R.C. PARKS/REC. DEPARTMENT AND THE CITY OF RAPID CITY FROM ANY AND ALL LOSS OR INJURY THAT MIGHT OCCUR WHILE PLAYING IN THE R.C. SOFTBALL ASSN. SANCTIONED PROGRAM.” (Italics added.) Johnson’s signature is the fourth complying signature on the page. This was the same form that had been in use for several years according to her coach’s deposition. Johnson had played in this league at least three years, thus subject to at least three signings of this release. Her failure to read or understand the legal effect of the release she executed does not abrogate it. Korsmo, 435 N.W.2d at 747; Malecha, 392 N.W.2d at 731; Smith v. City of Flint School Dist., 264 N.W.2d 368 (1978).
It is implied by Justice Wuest’s special writing that Johnson was subject to a contract of adhesion. Corpus Juris Secundum defines this as a contract “which, imposed and drafted by the party of superior bargaining strength, relegates to the subscribing party only the opportunity to adhere to the contract or reject it.” 17 C.J.S. Contracts § 10 (1963); see Rozeboom v. Northwestern Bell Telephone Co., 358 N.W.2d 241, 243-244 (S.D.1984) (a disparity of bargaining power lends to a contract of adhesion). In Malecha, 392 N.W.2d at 730, the plaintiff was told if he wanted to skydive, he had to sign the form. Johnson faced the same choice. The contract was upheld because the plaintiff did *705not have to participate. Contracts offered on a “take it or leave it” basis are not automatically adhesion contracts. Green v. Clinic Masters, Inc., 272 N.W.2d 813 (S.D.1978); Milligan v. Big Valley Corp., 754 P.2d 1063, 1067 (Wyo.1988); Clinic Masters v. District Court for County of El Paso, 192 Colo. 120, 556 P.2d 473, 475 (1976); St. Paul Fire v. Guardian Alarm Co., 115 Mich.App. 278, 320 N.W.2d 244 (1982) (mere fact that a contract is standardized and preprinted does not make it unenforceable as a contract of adhesion).
In exchange for signing the release, Johnson received the right to compete and participate — it is valuable consideration. Rhea v. Horn-Keen Corp., 582 F.Supp. 687 (W.D.Va.1984); Seymour, 287 N.E.2d at 116. Although Johnson would not have been allowed to play softball had she not signed the release, she was under no compulsion to sign. Schlessman, 46 Ill.Dec. at 141, 413 N.E.2d at 1254; LaFrenz v. Lake County Fair Board, 172 Ind.App. 389, 360 N.E.2d 605 (1977). Johnson was not forced to play softball or play for this particular league.
Courts usually uphold these agreements where there is no disparity in bargaining positions. Stuart M. Speiser et al, The American Law of Torts, § 5.39 at 1090 (1983). Such releases are neither unusual nor per se void as a matter of public policy. American Druggists’ Ins. Co. v. Equifax, Inc., 505 F.Supp. 66, 68 (S.D.Ohio 1980); Petersen v. Kemper, 70 S.D. 427, 18 N.W.2d 294 (1945). In Justice Wuest’s writing, he quotes a large paragraph from Speiser’s treaty, but, as indicated by the ellipsis, omits a sentence. That missing sentence reads, “Thus, a provision that would exempt its drafter from any liability occasioned by his fault should not compel resort to a magnifying glass and lexicon.” Nevertheless, such was done.
As I am of the opinion that this release is valid and the summary judgment was properly granted because there are no genuine issues of material fact concerning the language of the release, I would not reach the issue concerning the recreational use statute. The moving parties were entitled to judgment as a matter of law. SDCL 15 — 6—56(c); Wilson v. Great Northern Ry. Co., 83 S.D. 207, 157 N.W.2d 19 (1968). “Under both state and federal jurisdictions the rule is identical. When a contract is clear and unambiguous and speaks to a subject it is expected to, there is no need to go beyond the four corners of the contract.” AFSCME Local 1922 v. State, 444 N.W.2d 10, 12 (S.D.1989). This individual, a practicing attorney, is attempting to go beyond the four corners of the contract.
Writing for a unanimous Court in Enchanted World Doll Museum v. Buskohl, 398 N.W.2d 149, 151 (S.D.1986), Justice Wuest wrote:
Whether the language of a contract is ambiguous is ordinarily a question of law. (Citation omitted.) The language in a contract may be said to be ambiguous when “it is reasonably capable of being understood in more than one sense.” (Citations omitted.)
This release is not ambiguous. It is direct, simple, and cannot be “understood in more than one sense.” Johnson’s deposition testimony that she did not “recall reading any sort of warning and if [the waiver] was at the bottom [of the form], I didn’t read it,” is not a defense to the release.
I vote to affirm the summary judgment.
MILLER, C.J., joins this dissent and I am authorized to so state.
See, e.g., Gore v. Tri-County Raceway, Inc., 407 F.Supp. 489 (M.D.Ala.1974); Valley Nat. Bk. v. Stock Car Auto Racing, 153 Ariz. 374, 736 P.2d 1186 (App.1987); Coates v. Newhall Land & Farming, Inc., 191 Cal.App.3d 1, 236 Cal.Rptr. 181 (1987); Hulsey v. Elsinore Parachute Center, 168 Cal.App.3d 333, 214 Cal.Rptr. 194 (1985); Dosier v. C.V. Nalley, Inc., 95 Ga.App. 862, 99 S.E.2d 432 (1957); Lee v. Sun Valley Co., 107 Idaho 976, 695 P.2d 361 (1984); Lohman v. Morris, 146 Ill.App.3d 457, 100 Ill.Dec. 263, 497 N.E.2d 143 (1986); Winterstein v. Wilcom, 16 Md.App. 130, 293 A.2d 821 (1972); Lee v. Allied Sports Associates, Inc., 349 Mass. 544, 209 N.E.2d 329 (1965); Malecha v. St. Croix Valley Skydiving Club, 392 N.W.2d 727 (Minn.App.1986); Barnes v. New Hampshire Karting Ass'n, Inc., 128 N.H. 102, 509 A.2d 151 (1986); Theroux v. Kedenburg Racing Association, 50 Misc.2d 97, 269 N.Y.S.2d 789 (1965), aff'd, 28 A.D.2d 960, 282 N.Y.S.2d 930 (1967); Cain v. Cleveland Parachute Training Center, 9 Ohio App.3d 27, 457 N.E.2d 1185 (1983); Huckaby v. Confederate Motor Speedway, Inc., 276 S.C. 629, 281 S.E.2d 223 (1981); Corpus Christi Speedway v. Morton, 279 S.W.2d 903 (Tex.Civ.App.1955); Conradt v. Four Star Promotions, Inc., 45 Wash.App. 847, 728 P.2d 617 (1986).