In Morganteen v. Cowboy Adventures, Inc., 190 Ariz. 463, 949 P.2d 552 (App. 1997), the plaintiff signed a release that was substantially identical to the release in this case. Id. at 464, 949 P.2d at 553. During the trail ride, the plaintiff was injured when she was thrown from a horse. Id. The plaintiff maintained that when her horse started to skitter, the trail guide instructed her to "pull on the reins," which the defendant later admitted was improper advice. Id. The trial court granted summary judgment in favor of the defendant, concluding that by signing the release, the plaintiff had waived her right to sue the defendant. Id. The Court reversed, holding that a plaintiff's "tort remedies may not be waived unknowingly." Id. at 466, 949 P.2d at 555. The Court reasoned that "'an actual bargain must be made' to establish an 'intentional relinquishment of a known right.'" Id.