5-705

5-705. Duties of skiers in any action against
the ski area operator

In any civil action brought by a skier against a ski area operator, the duties of a
skier shall be as follows:

1. At all times a skier has the sole responsibility to know the range of the
skier's own ability to negotiate a ski slope or trail and to ski within the limits of
that ability. A skier expressly accepts the total risk of and all legal responsibility
for injury to person or property resulting from any of the inherent dangers and risks of
skiing.

2. Before using a chair lift, passenger tramway, rope tow or surface lift, a skier
shall have the knowledge and ability to safely load, ride and unload from the device.

3. A skier shall maintain control of the skier's speed and course at all times when
skiing and shall maintain a proper lookout to enable the skier to avoid collisions with
other skiers and with natural and man-made objects, whether marked or unmarked.

4. A skier shall avoid snow maintenance and grooming equipment, vehicles, lift
towers, signs and other equipment located on ski slopes and trails.

5. A skier shall heed all posted information, signs and other warnings and shall
refrain from acting in a manner that may cause or contribute to the injury of the skier
or other persons or property. A skier is presumed to have seen and understood all signs
and notices posted pursuant to sections 5-702, 5-703 and 5-704. Under conditions of
decreased visibility, the duty rests on the skier to locate and ascertain the meaning of
all the signs and notices.

6. A skier shall only use skis, snowboards and other equipment that have been
equipped with a functional strap or other device designed to reduce the risk of runaway
equipment.

7. A skier shall not ski on a ski slope or trail or a portion of a ski slope or
trail that a ski area operator has designated as closed pursuant to section 5-703,
subsection D.

8. A skier shall not begin to ski from a stationary position or enter a ski slope
or trail from the side unless the skier is able to avoid colliding with moving skiers
already on the ski slope or trail.

9. A skier shall not cross the uphill track or place any object in the uphill track
of a rope tow or surface lift except at locations that have been designated for crossing
by a ski area operator.

10. A skier shall not move uphill on any passenger tramway or use any ski slope or
trail while the skier's ability to do so is impaired by the consumption of alcohol or by
the use of any narcotic or other drug.

11. A skier involved in a collision with another skier that results in an injury
shall not leave the vicinity of the collision before giving the skier's name and current
address to an employee of the ski area operator or a member of a paid or voluntary ski
patrol. This paragraph does not prohibit a skier from leaving the scene of a collision
to secure first aid for a person who is injured in the collision. If a skier leaves the
scene of a collision to secure first aid, the skier shall leave the skier's name and
current address as required by this paragraph after securing the first aid.

12. A skier shall not knowingly enter the public or private lands of an adjoining
ski area if the owner of that land has closed that land to skiers and the landowner or
the ski area operator has designated the adjoining land as closed.