Ski and Snowboard Liability Waivers: What You're Agreeing to When You Hit the Slopes

What You Sign Away on Ski and Snowboard Liability Waivers for Some Fun in the Snow

With Winter at full peak, many Pennsylvanians head straight to the slopes for some

fun in the snow. Ski resorts used to print their terms on the back of the ski pass.

Now, many ski resorts use online purchasing which requires you to scroll through the terms

and conditions of use and “click” to accept. However, most resorts still require you to sign

ski and snowboard liability waivers. When you buy a lift ticket or a season pass, you agree to those terms and conditions - many of which waive important legal protections.

Resorts use different language in their waivers. Sometimes the terms can be vague or poorly written. Different states’ laws can affect the enforceability of the terms.

In some cases, parents cannot agree to waive important protections for their minor children. If you have a case from an incident at a ski resort, you should consult with an attorney who can better help you understand how these terms may apply to you.

Here are some typical terms that you may be agreeing to without even knowing.

You Assume All Inherent Risks

You acknowledge that snowboarding, skiing, tubing, and other winter activities can be dangerous and lead to injuries or even death.

In fact, "the inherent risks [involved] in the sport of downhill skiing" is codified in Pennsylvania’s Skier’s Responsibility Act, 42 Pa.C.S. § 7102(c). West Virginia, New York, Vermont, Colorado, Utah and other states have similar laws recognizing the dangers.

You take responsibility for risks such as ice, variations in terrain, lack of safety fencing, collisions with other skiers or snowboarders, chairlift malfunctions, falls from trails or lifts, and many other situations.

This attempts to limit the resort’s liability and provide it with a defense in court if you’re

hurt.

Rented Equipment is Accepted “As-Is”

When you rent skis or a snowboard, you expect them to be safe. However, you may be

agreeing that the equipment you get is “as-is”. This means the resort is not

guaranteeing its safety, that it fits you properly, or that it is appropriate for the conditions.

You also may have to pay a large security deposit or even agree to pay 100% of the

cost to repair or replace the rental equipment if it is lost, stolen, or damaged.

Release of Liability

You agree that if your property is damaged, you are injured, or even killed, you (or your

family) will release the resort, its employees, and agents from any and all responsibility

You agree not to bring suit and to give up any rights you have to pursue a claim in court.

This applies even if you were harmed due to the resort’s fault and not your own. These

terms are used by resorts to escape responsibility and to try to get lawsuits dismissed.

States’ laws differ on the enforceability of these provisions. For example, in Pennsylvania, the release must be clearly written. If it is not clear, it may not be enforced.

Furthermore, the language can only release a defendant for simple negligence. This means that claims for gross negligence, recklessness, or intentional conduct are not waived and cases involving shocking or egregious behavior can still be pursued.

Also, parents typically cannot release liability for their minor-children’s injuries.

You Give Up Your Right to a Jury Trial

Instead of going to court, you may have to pursue your claims through mediation or

arbitration – a process that does not provide for a jury trial, limits the number of

witnesses and types evidence you can use, does not allow an appeal of the outcome,

and requires confidentiality. All these things can make it harder for you to get justice.

You also may agree to use the laws of a state other than your own to decide the matter.

This is designed to pick and choose the laws that are most favorable to the resort, force

you to pursue your rights in a faraway place, and make it more expensive for you to do

so.

You Indemnify the Resort

This means that if you cause an injury to someone else, damage property, need to be rescued or given medical attention, you may be held legally responsible for paying the costs that the resort incurs because of your actions. These costs could include the attorney fees, expenses, damages, and other items.

Your Pass is Non-Transferrable and Non-Refundable

Your lift pass is usually not able to be transferred or sold to any person for any reason,

whatsoever. To make matters worse, you may not be able to receive a refund under any

circumstances – even if you are sick or there is no snow on the slopes!

Loss of Pass / Revocation:

You agree that the resort has the right in its sole discretion to confiscate or terminate

your pass, without refund, if you are suspected of breaking any resort rules, providing

false information, exhibiting reckless behavior, or violate any law.

Waiver of Photo/Video Rights:

You often grant the resort the right to use any images or video taken of you while on the

property for its advertising or promotional purposes without your permission and without

paying you.

Ever-Changing Terms and Conditions

You agree that the resort can change its terms simply by updating them on its website

and without providing you personal notice. If you purchase a pass like the Epic Pass or

Ikon Pass that provide access to multiple resorts, this may allow changes to the

locations where you can ski, black out certain dates, lower the benefits you receive,

cancel discounts, and change other elements of the program at any time, in their sole

discretion, and without providing you personal notice.

How to Protect Yourself

Protect yourself before you head to the mountains!

Read the terms of your ski pass. Although it is easy to click accept, you still agree to the

terms even if you didn’t read them or understand them.

Ask questions about anything you don’t understand. If you don’t like the terms, or don’t

understand them, then don’t agree.

Wear protective equipment like a helmet. Helmets can help prevent serious head

injuries.

Consult with an attorney.

If you or someone you know was harmed at a ski resort, do not hesitate to contact us at

Gurrera Law.

We’ll see you on the slopes!