On September 29, just under two weeks before his eighteenth birthday, Bagley, a highly skilled and experienced snowboarder, purchased a season pass from the Mt. Bachelor ski resort. Upon purchasing the season pass, he executed a release agreement as required by Mt. Bachelor. The significant portions of the release agreement were also printed on the pass. Beginning on November 18, after his eighteenth birthday, Bagley used his season pass to ride Mt. Bachelor’s lifts at least 119 times over the course of twenty-six days spent snowboarding at the ski area. However, on February 16 of the following year, while snowboarding over a manmade jump in Mt. Bachelor’s “air chamber” terrain park, Bagley sustained serious injuries resulting in permanent paralysis. Bagley sued Mt. Bachelor for negligence, claiming that he had timely disaffirmed the release agreement by notifying Mt. Bachelor of the injury. Mt. Bachelor argued that Bagley had manifested his intent to ratify by (a) failing to disaffirm the voidable release agreement within a reasonable period of time after reaching the age of majority, and (b) by accepting the benefits of that agreement. Explain whether Bagley has ratified the contract.
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