Scenario 2 - Capacity and Legality

Hank was a talented soccer player and started playing competitively in 2014 when he was sixteen. Many of the tournaments required participants to sign an exculpatory clause in order to participate. One of Hank’s parents signed the agreement. In 2016, Hank participated in the regional soccer championships in Atlanta Georgia. During the event, several players crashed into each other, Hank sustained an injury to his back, leaving him partially paralyzed. Hank filed a negligence lawsuit against the tournament organizers. The organizers could not find the exculpatory clause that Hank signed for the event. The organizers argued that Hank must have signed the agreement to enter the tournament, but even if he had not signed one, his participation in the event demonstrated his intent to be bound by the terms of the agreement.

Did Hank have contractual capacity to enter into the contract? Why or why not?