Jetspack manufactures a device that, using a rocket, propels people who are in water, up 40 feet in ...

Jetspack manufactures a device that, using a rocket, propels people who are in water, up 40 feet in the air. The device is available in tourist locations such as Newport Beach, California and Honolulu, Hawaii. Before allowing tourists to experience the device, the Jetspack dealers require users to sign a waiver that indicates that they understand the risks in using the device. Which of the following statements is correct about the liability of the Jetspack manufacturer?
 A) Because of the waiver Jetspack would have no liability to tourists who are injured while using the device.
 B) Jetspack would not have liability because the franchises are owned separately and there is no privity of contract between Jetspack and the tourists.
 C) Jetspack would have liability, despite the waiver, if the Jetspack device malfunctioned.
 D) None of the above