During Pete’s annual visit to Malibu Beach the second week i…

During Pete’s аnnuаl visit tо Mаlibu Beach the secоnd week in June fоr a water show where he showcased his newest surfing techniques, he noticed a skilled surfer riding the waves. Pete approached him and introduced himself to Dale, who responded that he had read the Surfer magazine’s online profile of him last month in their article discussing the top 100 excellent surfers in the U.S.  Pete told Dale he organized an annual surfing competition in Jupiter Inlet, Florida, and that he would consider Dale as one of the contestants for this surfing competition.  In order to qualify as a contestant in the surfing competition, Pete explained that the surfer had to have participated in at least one surfing competition.  Dale replied that he had already competed in a few competitions and had earned several awards as a surfer, and that he had been recently invited to submit his name for the 2028 Summer Olympics in Los Angeles.  Pete said he’d watch him surf over the next few days and touch base later.  Dale got up early each of the next four days and practiced his surfing, not sure where Pete was watching from the beach. He barely ate or slept during those next four days working hard to perfect his surfing techniques.  He was excited to be invited to a surfing contest since he had just started surfing and seemed to have a natural gift for it, even though he had not won any awards or even been invited to participate in the upcoming Summer Olympics. On the afternoon of the fourth day at Malibu Beach, Pete approached Dale and invited him to lunch.  Pete ordered champagne to celebrate a successful end to a couple days of surfing.  Pete waved off the waiter who pointed out that Dale driver’s license showed he was only 17, not the legal drinking age of 18.  “This man deserves a glass of champagne; you should have seen him out on the waves!”   Then Pete handed blurry-eyed Dale a pen and flipped to the last page of the agreement and told Dale that signing the agreement was a prerequisite to participating in the surfing competition.  The agreement contained an arbitration clause (in a small 8-point font)  stating that only Pete could recover attorney fees if the parties had to go to arbitration.  The contract also provided that the $1,300 participation fee was due a week before the surfing competition, and Jupiter Inlet would be the only place where the surfing competition would take place.  The competition would also not be rescheduled from the firm date of August 16th.  Dale still felt uncertain about signing a contract to participate in the surfing contest, and he felt nauseous from the lack of food and sleep over the last four days.  He also hesitated because of the $1,300 participation fee because money was an issue for Dale since he only worked part-time over the summer as a lifeguard.  When Dale told him he felt sick, Pete insisted it was a great networking opportunity and there would even be a cash prize of $5,000 for the winner.  He also told him that if he paid the $500 deposit, he would save $200 because the rates for the deposit were set to go up in two weeks.  “You have to understand, there are surfers around the country that come to this event, and we don’t have the space to accept everyone, so if you are serious about this, you better sign this contract and give me the $500 deposit today.  This is a chance of a lifetime!”  Dale complied and signed the contract and paid Pete $500 before he excused himself to go to the bathroom and threw up. Pete sent Dale an email a week before the competition and told him he’d hear from his attorney since he never paid the $1,300 and his check for $500 bounced.  On August 16th, Jupiter Inlet Beach was closed due to a tropical storm causing 70 mph winds and damage to buildings on the beach. Discuss the possible claims Pete has against Dale.  Discuss Dale’s defenses.