Home › Did you sign a waiver? What Utah courts have said
Almost everyone who skis signs something: a season pass agreement, a lift ticket with fine print, a rental form or a lesson form. Many of these say you give up the right to sue. In Utah, that is not always the end of the story, but it is not always irrelevant either.
Call (801) 255-2102By Nuttall Brown & Coutts
Not always. Utah courts have said a ski area's release does not always stop a claim for the resort's own carelessness. The Act still bars claims for inherent risks, and releases used by other businesses or for competitions may be treated differently.
A release, often called a waiver, is a written agreement where a person gives up the right to bring a claim for injuries, usually including injuries caused by the other party's negligence. Releases appear on season pass applications, the back of lift tickets, rental agreements, lesson sign-ups, and online forms clicked through on a phone.
Utah courts have said that a ski area's release does not always stop a skier's claim for the resort's own carelessness. Competitions and other situations may be treated differently.
That has limits. It does not create a claim for inherent risks, which the Act still bars. It addresses releases used by ski area operators. It does not automatically decide how Utah courts will treat every release used by every business.
Releases from other kinds of businesses, or for other activities, can be treated differently. Examples might include an independent rental shop, a guide service, a tour company, or a summer activity like mountain biking or an alpine coaster. Utah courts have enforced some recreational releases and limited others. Each release has to be read on its own terms and in light of who used it and for what.
Parents often sign for their kids. Utah courts have limited how far a parent's signature can give up a child's claims, but each form is reviewed case by case.
Rental and lesson forms raise their own questions; see ski school and rentals.
Keep a copy of anything you signed, or a screenshot of what you clicked. Keep your pass, ticket and receipts. If you bought online, the confirmation email may show which terms applied. Even if you do not have a copy, the business usually does.
Insurance adjusters sometimes point to a release early, hoping you will drop the matter. Others say nothing about it until later. Before you decide a release ends your options, or that it does not matter, have a lawyer read it.
A release does not create a claim for an inherent risk, and the Act still bars those claims. Whether something else was involved depends on the facts. A lawyer can review them with you.
Questions after a ski or resort injury?
Hurt at a Utah ski area, or caring for someone who was? Tell us what happened and ask for a free review. You decide what happens next.
