{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/8.01-227.11.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/8.01-227.11.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/8.01-227.11.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/8.01-227.11.html"}],"law_id":376988,"edition_id":2,"section_id":376988,"structure_id":53582,"section_number":"8.01-227.11","catch_line":"Definitions","history":"2012, c. 713.","full_text":"As used in this article, unless the context requires a different meaning:\n\n\t\t&#8220;ANSI Ski Lift Code&#8221; means the American National Standard (B77.1-2006): Passenger Ropeways &#8212; Aerial Tramways, Aerial Lifts, Surface Lifts, Tows and Conveyors &#8212; Safety Requirements, as published by the American National Standards Institute, including any supplements thereto or revisions thereof.\n\n\t\t&#8220;Competition&#8221; means any contest or event operated by a winter sports area operator or any other party authorized by the operator at a winter sports area involving comparison of skills, including, but not limited to, a ski race, mogul contest, jumping event, freestyle event, snowcross contest, or other similar contest or event. &#8220;Competition&#8221; includes training sessions or practice for a contest or event.\n\n\t\t&#8220;Competition terrain&#8221; means any part of a winter sports area in which an operator has authorized a competition to take place.\n\n\t\t&#8220;Competitor&#8221; means a winter sports participant who actually is engaged in a competition in any portion of a winter sports area made available by the winter sports area operator.\n\n\t\t&#8220;Designated trail&#8221; means a winter sports area trail on which a participant is permitted by the operator to participate in a winter sport.\n\n\t\t&#8220;Freestyle terrain&#8221; and &#8220;freestyle terrain park&#8221; means any portion of a winter sports area that has been designated as such by the operator for freestyle skiing, freestyle snowboarding, or similar freestyle winter sports and includes, but is not limited to, the terrain park itself and features such as rails, boxes, jumps, hits, jibs, tabletops, spines, ramps, banks, pipes, half-pipes, quarter-pipes, tables, logs, or other man-made features such as buses and other vehicles, propane tanks, and tractor tires; snowcross terrain and features; and other constructed or natural features, but does not include moguls, bumps, or rollers or jumps not built by the operator, unless they are within a designated freestyle terrain park.\n\n\t\t&#8220;Freestyler&#8221; means a winter sports participant utilizing freestyle terrain or a freestyle terrain park.\n\n\t\t&#8220;Helmet&#8221; means a type of molded headgear equipped with a neck or chin strap specifically designed by the manufacturer to be used while engaged in the winter sport of alpine skiing or snowboarding.\n\n\t\t&#8220;Inherent risks of winter sports&#8221; or &#8220;inherent risks of the winter sport&#8221; include:\n\n1\n\nExisting and changing weather conditions and visibility;\n\n2\n\nHazards associated with varying surface or subsurface conditions on a single trail or from one trail to another, including but not limited to hazards such as participant use, snow in any condition and changing snow conditions, man-made snow, synthetic snow, ice, synthetic ice, snow or ice falling from a tree or natural or man-made structure, crust, slush, soft spots, ridges, rollers, knobs, holes, grooves, tracks from winter sports area vehicles, bare spots, rocks, boulders, stumps, logs, and brush or other forest growth or debris, or piles thereof;\n\n3\n\nVariations in difficulty of terrain, whether natural or as a result of slope use, slope design, or both;\n\n4\n\nTrails that have, or fall away or drop off toward, natural or man-made obstacles or hazards, including but not limited to sharp corners, ridges, jumps, bumps, rollers, moguls, valleys, dips, compressions, cliffs, ravines, drop-offs, streams, rivers, ponds, lakes, stream beds, open water or water with thin ice, holes, steep, flat, and uphill sections, and all variants and combinations thereof;\n\n5\n\nThe potential for collision with other participants or other individuals, including with winter sports area personnel, whether or not those personnel are on duty or off duty; with wild or domestic animals; or with equipment or objects such as winter sports area infrastructure, snowmaking equipment, buildings and posts, and stationary and moving lit or flagged winter sports area vehicles;\n\n6\n\nThe potential for a participant to act in a negligent or reckless manner that may cause or contribute to the injury or death of the participant or other individuals or damage to property;\n\n7\n\nThe location, construction, design, layout, configuration, and condition of trails, freestyle terrain, and competition terrain;\n\n8\n\nThe fact that use of trails, freestyle terrain, and competition terrain and participation in or being near races or other competitions or events, including but not limited to as a participant, employee at a winter sports area, spectator, or observer, involves the risk of serious injury or death or damage to property;\n\n9\n\nThe fact that a helmet may not afford protection in all instances and that failure to wear a helmet that is properly sized, fitted, and secured may increase the risk of injury or death or the risk of more severe injury; and\n\n10\n\nThe fact that the use of passenger tramways may be hazardous to passengers, including but not limited to risks resulting from loading or unloading a tramway and the potential for a passenger to fall from a tramway.\n\t\t\t&#8220;Operator&#8221; or &#8220;winter sports area operator&#8221; means any person who has responsibility for the operations of a winter sports area, including its officers, directors, and employees and agents acting within the scope of their employment.\n\n\t\t\t&#8220;Participant&#8221; or &#8220;winter sports participant&#8221; means an individual of any age or physical or mental ability who is an amateur or professional invitee of the operator or a trespasser and who participates in a winter sport at the winter sports area, whether or not consideration is paid to participate in the winter sport and whether or not the participant holds a valid admission ticket for all or a portion of the winter sports area, and any employee of the operator who participates in a winter sport either as part of his employment duties or as recreation.\n\n\t\t\t&#8220;Participates in a winter sport&#8221; or &#8220;participating in a winter sport&#8221; means:\n\n1\n\nUsing a trail or other terrain at a winter sports area to engage in a winter sport;\n\n2\n\nParticipating in training or lessons for a winter sport as either an instructor or a student;\n\n3\n\nBeing a spectator, observer, bystander, or pedestrian of or to any activity on a trail or other terrain at or near a winter sports area; or\n\n4\n\nBeing a passenger on a passenger tramway.\n\t\t\t&#8220;Passenger&#8221; means any individual, including a winter sports participant, while being transported or conveyed by a passenger tramway, while waiting in the immediate vicinity for such transportation or conveyance, while moving away from the disembarkation or unloading point of a passenger tramway to clear the way for the following passengers, or while boarding or embarking upon or unloading or disembarking from a passenger tramway.\n\n\t\t\t&#8220;Passenger tramway&#8221; means any ski lift, chairlift, gondola, tramway, cable car, or other aerial lift and any rope tow, conveyor, t-bar, j-bar, handle tow, or other surface lift used by an operator to transport participants, spectators, observers, or pedestrians at a winter sports area, and any associated components including, but not limited to, lift towers, concrete tower foundations, tower bolts, tower ladders, lift terminals, chairs, gondolas, t-bars, j-bars, conveyors, and other structures relating to passenger tramways.\n\n\t\t\t&#8220;Person&#8221; means any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof.\n\n\t\t\t&#8220;Snowmaking equipment&#8221; means any machine used to make snow, including but not limited to snow guns and any associated towers, components, pipe, hydrant, hose, or other structures or equipment, including electrical equipment.\n\n\t\t\t&#8220;Trail&#8221; or &#8220;winter sports area trail&#8221; means any slope, trail, run, freestyle terrain, or competition terrain located in a winter sports area. &#8220;Trail&#8221; includes edges and transition areas to other terrain, but does not include a tubing park.\n\n\t\t\t&#8220;Tubing&#8221; means sliding on inflatable tubes, minibobs, sleds, toboggans, or any other comparable devices down a prepared course or lanes at a winter sports area.\n\n\t\t\t&#8220;Tubing park&#8221; means an area designated by an operator for tubing.\n\n\t\t\t&#8220;Winter sport&#8221; means a recreational or sporting activity, including sliding, jumping, walking, or traveling on a winter sports area trail for alpine skiing; Nordic skiing; telemark skiing; freestyle skiing; snowboarding; freestyle snowboarding; snowshoeing; tobogganing; sledding; or use of a snowmobile, minibob, snowbike, or comparable device; or any similar activity or use of a device that takes place at any time of the year on natural snow, man-made snow, ice, synthetic snow, synthetic ice, or any other synthetic surface, including a competition or the use of any device by a disabled or adaptive participant for a winter sport. &#8220;Winter sport&#8221; does not include ice skating or tubing.\n\n\t\t\t&#8220;Winter sports area&#8221; means all the real and personal property under control of the operator or on the premises of such property that is being occupied by the operator by fee simple, lease, license, easement, permission, or otherwise, including but not limited to any and all trails, freestyle terrain, competition terrain, passenger tramways, or other areas of real property. &#8220;Winter sports area&#8221; does not include a tubing park except for any passenger tramway serving a tubing park and the immediate vicinity of such a passenger tramway in which individuals embark upon or disembark from the passenger tramway.\n\n\t\t\t&#8220;Winter sports area infrastructure&#8221; means:\n\n1\n\nPassenger tramways;\n\n2\n\nSnowmaking equipment;\n\n3\n\nTowers, buildings, shacks, fixtures, furniture, and other structures, including utility infrastructure, located on the winter sports area property; and\n\n4\n\nSigns, fences, ropes, flags, posts, poles, and any other materials or structures used for posting signs or to manage or direct winter sports participants, spectators, observers, or pedestrians or any combination thereof.\n\t\t\t&#8220;Winter sports area vehicle&#8221; means a vehicle used on a winter sports area trail in the operation and maintenance of winter sports areas and competitions and includes, but is not limited to, snowmobiles, all-terrain vehicles, and any other similarly sized vehicles as well as larger maintenance vehicles such as snow grooming equipment.\n\n","order_by":null,"text":{"0":{"id":1407202,"text":"As used in this article, unless the context requires a different meaning:\t\t&#8220;ANSI Ski Lift Code&#8221; means the American National Standard (B77.1-2006): Passenger Ropeways &#8212; Aerial Tramways, Aerial Lifts, Surface Lifts, Tows and Conveyors &#8212; Safety Requirements, as published by the American National Standards Institute, including any supplements thereto or revisions thereof.\t\t&#8220;Competition&#8221; means any contest or event operated by a winter sports area operator or any other party authorized by the operator at a winter sports area involving comparison of skills, including, but not limited to, a ski race, mogul contest, jumping event, freestyle event, snowcross contest, or other similar contest or event. &#8220;Competition&#8221; includes training sessions or practice for a contest or event.\t\t&#8220;Competition terrain&#8221; means any part of a winter sports area in which an operator has authorized a competition to take place.\t\t&#8220;Competitor&#8221; means a winter sports participant who actually is engaged in a competition in any portion of a winter sports area made available by the winter sports area operator.\t\t&#8220;Designated trail&#8221; means a winter sports area trail on which a participant is permitted by the operator to participate in a winter sport.\t\t&#8220;Freestyle terrain&#8221; and &#8220;freestyle terrain park&#8221; means any portion of a winter sports area that has been designated as such by the operator for freestyle skiing, freestyle snowboarding, or similar freestyle winter sports and includes, but is not limited to, the terrain park itself and features such as rails, boxes, jumps, hits, jibs, tabletops, spines, ramps, banks, pipes, half-pipes, quarter-pipes, tables, logs, or other man-made features such as buses and other vehicles, propane tanks, and tractor tires; snowcross terrain and features; and other constructed or natural features, but does not include moguls, bumps, or rollers or jumps not built by the operator, unless they are within a designated freestyle terrain park.\t\t&#8220;Freestyler&#8221; means a winter sports participant utilizing freestyle terrain or a freestyle terrain park.\t\t&#8220;Helmet&#8221; means a type of molded headgear equipped with a neck or chin strap specifically designed by the manufacturer to be used while engaged in the winter sport of alpine skiing or snowboarding.\t\t&#8220;Inherent risks of winter sports&#8221; or &#8220;inherent risks of the winter sport&#8221; include:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":1407203,"text":"Existing and changing weather conditions and visibility;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":1407204,"text":"Hazards associated with varying surface or subsurface conditions on a single trail or from one trail to another, including but not limited to hazards such as participant use, snow in any condition and changing snow conditions, man-made snow, synthetic snow, ice, synthetic ice, snow or ice falling from a tree or natural or man-made structure, crust, slush, soft spots, ridges, rollers, knobs, holes, grooves, tracks from winter sports area vehicles, bare spots, rocks, boulders, stumps, logs, and brush or other forest growth or debris, or piles thereof;","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":1407205,"text":"Variations in difficulty of terrain, whether natural or as a result of slope use, slope design, or both;","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":1407206,"text":"Trails that have, or fall away or drop off toward, natural or man-made obstacles or hazards, including but not limited to sharp corners, ridges, jumps, bumps, rollers, moguls, valleys, dips, compressions, cliffs, ravines, drop-offs, streams, rivers, ponds, lakes, stream beds, open water or water with thin ice, holes, steep, flat, and uphill sections, and all variants and combinations thereof;","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":1407207,"text":"The potential for collision with other participants or other individuals, including with winter sports area personnel, whether or not those personnel are on duty or off duty; with wild or domestic animals; or with equipment or objects such as winter sports area infrastructure, snowmaking equipment, buildings and posts, and stationary and moving lit or flagged winter sports area vehicles;","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"6":{"id":1407208,"text":"The potential for a participant to act in a negligent or reckless manner that may cause or contribute to the injury or death of the participant or other individuals or damage to property;","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"7"},"7":{"id":1407209,"text":"The location, construction, design, layout, configuration, and condition of trails, freestyle terrain, and competition terrain;","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6","next_prefix":"8"},"8":{"id":1407210,"text":"The fact that use of trails, freestyle terrain, and competition terrain and participation in or being near races or other competitions or events, including but not limited to as a participant, employee at a winter sports area, spectator, or observer, involves the risk of serious injury or death or damage to property;","type":"section","prefixes":["8"],"prefix":"8","entire_prefix":"8","prefix_anchor":"8","level":1,"prior_prefix":"7","next_prefix":"9"},"9":{"id":1407211,"text":"The fact that a helmet may not afford protection in all instances and that failure to wear a helmet that is properly sized, fitted, and secured may increase the risk of injury or death or the risk of more severe injury; and","type":"section","prefixes":["9"],"prefix":"9","entire_prefix":"9","prefix_anchor":"9","level":1,"prior_prefix":"8","next_prefix":"10"},"10":{"id":1407212,"text":"The fact that the use of passenger tramways may be hazardous to passengers, including but not limited to risks resulting from loading or unloading a tramway and the potential for a passenger to fall from a tramway.\n\t\t\t&#8220;Operator&#8221; or &#8220;winter sports area operator&#8221; means any person who has responsibility for the operations of a winter sports area, including its officers, directors, and employees and agents acting within the scope of their employment.\t\t\t&#8220;Participant&#8221; or &#8220;winter sports participant&#8221; means an individual of any age or physical or mental ability who is an amateur or professional invitee of the operator or a trespasser and who participates in a winter sport at the winter sports area, whether or not consideration is paid to participate in the winter sport and whether or not the participant holds a valid admission ticket for all or a portion of the winter sports area, and any employee of the operator who participates in a winter sport either as part of his employment duties or as recreation.\t\t\t&#8220;Participates in a winter sport&#8221; or &#8220;participating in a winter sport&#8221; means:","type":"section","prefixes":["10"],"prefix":"10","entire_prefix":"10","prefix_anchor":"10","level":1,"prior_prefix":"9","next_prefix":"1"},"11":{"id":1407213,"text":"Using a trail or other terrain at a winter sports area to engage in a winter sport;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"10","next_prefix":"2"},"12":{"id":1407214,"text":"Participating in training or lessons for a winter sport as either an instructor or a student;","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"13":{"id":1407215,"text":"Being a spectator, observer, bystander, or pedestrian of or to any activity on a trail or other terrain at or near a winter sports area; or","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"14":{"id":1407216,"text":"Being a passenger on a passenger tramway.\n\t\t\t&#8220;Passenger&#8221; means any individual, including a winter sports participant, while being transported or conveyed by a passenger tramway, while waiting in the immediate vicinity for such transportation or conveyance, while moving away from the disembarkation or unloading point of a passenger tramway to clear the way for the following passengers, or while boarding or embarking upon or unloading or disembarking from a passenger tramway.\t\t\t&#8220;Passenger tramway&#8221; means any ski lift, chairlift, gondola, tramway, cable car, or other aerial lift and any rope tow, conveyor, t-bar, j-bar, handle tow, or other surface lift used by an operator to transport participants, spectators, observers, or pedestrians at a winter sports area, and any associated components including, but not limited to, lift towers, concrete tower foundations, tower bolts, tower ladders, lift terminals, chairs, gondolas, t-bars, j-bars, conveyors, and other structures relating to passenger tramways.\t\t\t&#8220;Person&#8221; means any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof.\t\t\t&#8220;Snowmaking equipment&#8221; means any machine used to make snow, including but not limited to snow guns and any associated towers, components, pipe, hydrant, hose, or other structures or equipment, including electrical equipment.\t\t\t&#8220;Trail&#8221; or &#8220;winter sports area trail&#8221; means any slope, trail, run, freestyle terrain, or competition terrain located in a winter sports area. &#8220;Trail&#8221; includes edges and transition areas to other terrain, but does not include a tubing park.\t\t\t&#8220;Tubing&#8221; means sliding on inflatable tubes, minibobs, sleds, toboggans, or any other comparable devices down a prepared course or lanes at a winter sports area.\t\t\t&#8220;Tubing park&#8221; means an area designated by an operator for tubing.\t\t\t&#8220;Winter sport&#8221; means a recreational or sporting activity, including sliding, jumping, walking, or traveling on a winter sports area trail for alpine skiing; Nordic skiing; telemark skiing; freestyle skiing; snowboarding; freestyle snowboarding; snowshoeing; tobogganing; sledding; or use of a snowmobile, minibob, snowbike, or comparable device; or any similar activity or use of a device that takes place at any time of the year on natural snow, man-made snow, ice, synthetic snow, synthetic ice, or any other synthetic surface, including a competition or the use of any device by a disabled or adaptive participant for a winter sport. &#8220;Winter sport&#8221; does not include ice skating or tubing.\t\t\t&#8220;Winter sports area&#8221; means all the real and personal property under control of the operator or on the premises of such property that is being occupied by the operator by fee simple, lease, license, easement, permission, or otherwise, including but not limited to any and all trails, freestyle terrain, competition terrain, passenger tramways, or other areas of real property. &#8220;Winter sports area&#8221; does not include a tubing park except for any passenger tramway serving a tubing park and the immediate vicinity of such a passenger tramway in which individuals embark upon or disembark from the passenger tramway.\t\t\t&#8220;Winter sports area infrastructure&#8221; means:","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"1"},"15":{"id":1407217,"text":"Passenger tramways;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"4","next_prefix":"2"},"16":{"id":1407218,"text":"Snowmaking equipment;","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"17":{"id":1407219,"text":"Towers, buildings, shacks, fixtures, furniture, and other structures, including utility infrastructure, located on the winter sports area property; and","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"18":{"id":1407220,"text":"Signs, fences, ropes, flags, posts, poles, and any other materials or structures used for posting signs or to manage or direct winter sports participants, spectators, observers, or pedestrians or any combination thereof.\n\t\t\t&#8220;Winter sports area vehicle&#8221; means a vehicle used on a winter sports area trail in the operation and maintenance of winter sports areas and competitions and includes, but is not limited to, snowmobiles, all-terrain vehicles, and any other similarly sized vehicles as well as larger maintenance vehicles such as snow grooming equipment.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3"}},"ancestry":[{"id":53582,"edition_id":2,"name":"Winter Sports Safety Act","identifier":"25","label":"article","depth":3,"order_by":27,"parent_id":53562,"metadata":{"child_laws":13,"child_structures":0},"date_created":"2026-08-02 03:18:58","date_modified":"2026-08-02 12:28:15","permalink":{"id":1507643,"object_type":"structure","relational_id":53582,"identifier":"25","token":"8.01\/3\/25","url":"\/8.01\/3\/25\/","edition_id":2,"permalink":0,"preferred":1}},{"id":53562,"edition_id":2,"name":"Actions","identifier":"3","label":"chapter","depth":2,"order_by":5,"parent_id":53558,"metadata":{"child_laws":357,"child_structures":31},"date_created":"2026-08-02 03:18:33","date_modified":"2026-08-02 12:28:10","permalink":{"id":1506637,"object_type":"structure","relational_id":53562,"identifier":"3","token":"8.01\/3","url":"\/8.01\/3\/","edition_id":2,"permalink":0,"preferred":1}},{"id":53558,"edition_id":2,"name":"Civil Remedies and Procedure","identifier":"8.01","label":"title","depth":1,"order_by":12,"parent_id":null,"metadata":{"child_laws":1095,"child_structures":142},"date_created":"2026-08-02 03:18:32","date_modified":"2026-08-02 12:28:09","permalink":{"id":1504031,"object_type":"structure","relational_id":53558,"identifier":"8.01","token":"8.01","url":"\/8.01\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":376988,"structure_id":53582,"section_number":"8.01-227.11","catch_line":"Definitions","url":"\/8.01-227.11\/","token":"8.01\/3\/25\/8.01-227.11","metadata":false},{"id":376989,"structure_id":53582,"section_number":"8.01-227.12","catch_line":"Warnings and other winter sports area operator requirements","url":"\/8.01-227.12\/","token":"8.01\/3\/25\/8.01-227.12","metadata":false},{"id":376990,"structure_id":53582,"section_number":"8.01-227.13","catch_line":"Winter sports area trail maps","url":"\/8.01-227.13\/","token":"8.01\/3\/25\/8.01-227.13","metadata":false},{"id":376991,"structure_id":53582,"section_number":"8.01-227.14","catch_line":"Freestyle terrain","url":"\/8.01-227.14\/","token":"8.01\/3\/25\/8.01-227.14","metadata":false},{"id":376992,"structure_id":53582,"section_number":"8.01-227.15","catch_line":"Winter sports area vehicles","url":"\/8.01-227.15\/","token":"8.01\/3\/25\/8.01-227.15","metadata":false},{"id":376993,"structure_id":53582,"section_number":"8.01-227.16","catch_line":"Passenger tramways","url":"\/8.01-227.16\/","token":"8.01\/3\/25\/8.01-227.16","metadata":false},{"id":376994,"structure_id":53582,"section_number":"8.01-227.17","catch_line":"Duties and responsibilities of winter sports participants and certain other individuals","url":"\/8.01-227.17\/","token":"8.01\/3\/25\/8.01-227.17","metadata":false},{"id":376995,"structure_id":53582,"section_number":"8.01-227.18","catch_line":"Helmets","url":"\/8.01-227.18\/","token":"8.01\/3\/25\/8.01-227.18","metadata":false},{"id":376996,"structure_id":53582,"section_number":"8.01-227.19","catch_line":"Assumption of risks","url":"\/8.01-227.19\/","token":"8.01\/3\/25\/8.01-227.19","metadata":false},{"id":376997,"structure_id":53582,"section_number":"8.01-227.20","catch_line":"Liability of winter sports area operator","url":"\/8.01-227.20\/","token":"8.01\/3\/25\/8.01-227.20","metadata":false},{"id":376998,"structure_id":53582,"section_number":"8.01-227.21","catch_line":"Common law regarding minors","url":"\/8.01-227.21\/","token":"8.01\/3\/25\/8.01-227.21","metadata":false},{"id":376999,"structure_id":53582,"section_number":"8.01-227.22","catch_line":"Failure to fulfill duty or responsibility not negligence per se","url":"\/8.01-227.22\/","token":"8.01\/3\/25\/8.01-227.22","metadata":false},{"id":377000,"structure_id":53582,"section_number":"8.01-227.23","catch_line":"Applicability of article","url":"\/8.01-227.23\/","token":"8.01\/3\/25\/8.01-227.23","metadata":false}],"next_section":{"id":376989,"structure_id":53582,"section_number":"8.01-227.12","catch_line":"Warnings and other winter sports area operator requirements","url":"\/8.01-227.12\/","token":"8.01\/3\/25\/8.01-227.12","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-227.11\/","history_text":"<p>This law was first created in 2012. The record of its establishment is cataloged in chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?121+ful+CHAP0713\">713<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":false,"permalink":{"id":1507645,"object_type":"law","relational_id":376988,"identifier":"8.01-227.11","token":"8.01\/3\/25\/8.01-227.11","url":"\/8.01-227.11\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/8.01-227.11\/","token":"8.01\/3\/25\/8.01-227.11","dublin_core":{"Title":"Definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-227.11","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>As used in this article, unless the context requires a different meaning:<br \/><br \/>\t\t&#8220;<span class=\"dictionary\">ANSI Ski Lift Code<\/span>&#8221; means the American National Standard (B77.1-2006): <span class=\"dictionary\">Passenger<\/span> Ropeways &#8212; Aerial Tramways, Aerial Lifts, Surface Lifts, Tows and Conveyors &#8212; Safety Requirements, as published by the American National Standards Institute, including any supplements thereto or revisions thereof.<br \/><br \/>\t\t&#8220;Competition&#8221; means any contest or event operated by a <span class=\"dictionary\">winter sports area operator<\/span> or any other <span class=\"dictionary\">party<\/span> authorized by the operator at a <span class=\"dictionary\">winter sports area<\/span> involving comparison of skills, including, but not limited to, a ski race, mogul contest, jumping event, freestyle event, snowcross contest, or other similar contest or event. &#8220;Competition&#8221; includes training sessions or practice for a contest or event.<br \/><br \/>\t\t&#8220;<span class=\"dictionary\">Competition terrain<\/span>&#8221; means any part of a <span class=\"dictionary\">winter sports area<\/span> in which an operator has authorized a competition to take place.<br \/><br \/>\t\t&#8220;<span class=\"dictionary\">Competitor<\/span>&#8221; means a <span class=\"dictionary\">winter sports participant<\/span> who actually is engaged in a competition in any portion of a <span class=\"dictionary\">winter sports area<\/span> made available by the <span class=\"dictionary\">winter sports area operator<\/span>.<br \/><br \/>\t\t&#8220;<span class=\"dictionary\">Designated trail<\/span>&#8221; means a <span class=\"dictionary\">winter sports area trail<\/span> on which a participant is permitted by the operator to participate in a <span class=\"dictionary\">winter sport<\/span>.<br \/><br \/>\t\t&#8220;<span class=\"dictionary\">Freestyle terrain<\/span>&#8221; and &#8220;<span class=\"dictionary\">freestyle terrain park<\/span>&#8221; means any portion of a <span class=\"dictionary\">winter sports area<\/span> that has been designated as such by the operator for freestyle skiing, freestyle snowboarding, or similar freestyle winter sports and includes, but is not limited to, the terrain park itself and features such as rails, boxes, jumps, hits, jibs, tabletops, spines, ramps, banks, pipes, half-pipes, quarter-pipes, tables, logs, or other man-made features such as buses and other vehicles, propane tanks, and tractor tires; snowcross terrain and features; and other constructed or natural features, but does not include moguls, bumps, or rollers or jumps not built by the operator, unless they are within a designated <span class=\"dictionary\">freestyle terrain park<\/span>.<br \/><br \/>\t\t&#8220;<span class=\"dictionary\">Freestyler<\/span>&#8221; means a <span class=\"dictionary\">winter sports participant<\/span> utilizing freestyle terrain or a <span class=\"dictionary\">freestyle terrain park<\/span>.<br \/><br \/>\t\t&#8220;<span class=\"dictionary\">Helmet<\/span>&#8221; means a type of molded headgear equipped with a neck or chin strap specifically designed by the manufacturer to be used while engaged in the <span class=\"dictionary\">winter sport<\/span> of alpine skiing or snowboarding.<br \/><br \/>\t\t&#8220;Inherent risks of winter sports&#8221; or &#8220;inherent risks of the <span class=\"dictionary\">winter sport<\/span>&#8221; include:<\/p><\/section>\n\t\t\t\t\t\t<section id=\"1\"><p><span class=\"prefix-number\">1.<\/span> Existing and changing weather conditions and visibility; <a id=\"paragraph-1407203\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/8.01-227.11\/#1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"2\"><p><span class=\"prefix-number\">2.<\/span> Hazards associated with varying surface or subsurface conditions on a single trail or from one trail to another, including but not limited to hazards such as participant use, snow in any condition and changing snow conditions, man-made snow, synthetic snow, ice, synthetic ice, snow or ice falling from a tree or natural or man-made structure, crust, slush, soft spots, ridges, rollers, knobs, holes, grooves, tracks from <span class=\"dictionary\">winter sports area vehicles<\/span>, bare spots, rocks, boulders, stumps, logs, and brush or other forest growth or debris, or piles thereof; <a id=\"paragraph-1407204\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/8.01-227.11\/#2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"3\"><p><span class=\"prefix-number\">3.<\/span> Variations in difficulty of terrain, whether natural or as a result of slope use, slope design, or both; <a id=\"paragraph-1407205\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/8.01-227.11\/#3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"4\"><p><span class=\"prefix-number\">4.<\/span> <span class=\"dictionary\">Trails<\/span> that have, or fall away or drop off toward, natural or man-made obstacles or hazards, including but not limited to sharp corners, ridges, jumps, bumps, rollers, moguls, valleys, dips, compressions, cliffs, ravines, drop-offs, streams, rivers, ponds, lakes, stream beds, open water or water with thin ice, holes, steep, flat, and uphill sections, and all variants and combinations thereof; <a id=\"paragraph-1407206\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/8.01-227.11\/#4\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"5\"><p><span class=\"prefix-number\">5.<\/span> The potential for collision with other <span class=\"dictionary\">participants<\/span> or other individuals, including with <span class=\"dictionary\">winter sports area<\/span> personnel, whether or not those personnel are on duty or off duty; with wild or domestic animals; or with equipment or <span class=\"dictionary\">objects<\/span> such as <span class=\"dictionary\">winter sports area<\/span> infrastructure, <span class=\"dictionary\">snowmaking equipment<\/span>, buildings and posts, and stationary and moving lit or flagged <span class=\"dictionary\">winter sports area vehicles<\/span>; <a id=\"paragraph-1407207\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/8.01-227.11\/#5\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"6\"><p><span class=\"prefix-number\">6.<\/span> The potential for a participant to act in a negligent or reckless manner that may cause or contribute to the injury or death of the participant or other individuals or damage to property; <a id=\"paragraph-1407208\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/8.01-227.11\/#6\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"7\"><p><span class=\"prefix-number\">7.<\/span> The location, construction, design, layout, configuration, and condition of <span class=\"dictionary\">trails<\/span>, freestyle terrain, and <span class=\"dictionary\">competition terrain<\/span>; <a id=\"paragraph-1407209\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/8.01-227.11\/#7\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"8\"><p><span class=\"prefix-number\">8.<\/span> The <span class=\"dictionary\">fact<\/span> that use of <span class=\"dictionary\">trails<\/span>, freestyle terrain, and <span class=\"dictionary\">competition terrain<\/span> and participation in or being near races or other <span class=\"dictionary\">competitions<\/span> or events, including but not limited to as a participant, employee at a <span class=\"dictionary\">winter sports area<\/span>, spectator, or observer, involves the risk of serious injury or death or damage to property; <a id=\"paragraph-1407210\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/8.01-227.11\/#8\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"9\"><p><span class=\"prefix-number\">9.<\/span> The <span class=\"dictionary\">fact<\/span> that a <span class=\"dictionary\">helmet<\/span> may not afford protection in all instances and that failure to wear a <span class=\"dictionary\">helmet<\/span> that is properly sized, fitted, and secured may increase the risk of injury or death or the risk of more severe injury; and <a id=\"paragraph-1407211\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/8.01-227.11\/#9\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"10\"><p><span class=\"prefix-number\">10.<\/span> The <span class=\"dictionary\">fact<\/span> that the use of <span class=\"dictionary\">passenger tramways<\/span> may be hazardous to <span class=\"dictionary\">passengers<\/span>, including but not limited to risks resulting from loading or unloading a tramway and the potential for a passenger to fall from a tramway.\n\t\t\t&#8220;Operator&#8221; or &#8220;<span class=\"dictionary\">winter sports area operator<\/span>&#8221; means any <span class=\"dictionary\">person<\/span> who has responsibility for the operations of a <span class=\"dictionary\">winter sports area<\/span>, including its officers, directors, and employees and agents acting within the scope of their employment.<br \/><br \/>\t\t\t&#8220;Participant&#8221; or &#8220;<span class=\"dictionary\">winter sports participant<\/span>&#8221; means an individual of any age or physical or mental ability who is an amateur or professional invitee of the operator or a trespasser and who participates in a <span class=\"dictionary\">winter sport<\/span> at the <span class=\"dictionary\">winter sports area<\/span>, whether or not consideration is paid to participate in the <span class=\"dictionary\">winter sport<\/span> and whether or not the participant holds a valid admission ticket for all or a portion of the <span class=\"dictionary\">winter sports area<\/span>, and any employee of the operator who participates in a <span class=\"dictionary\">winter sport<\/span> either as part of his employment duties or as recreation.<br \/><br \/>\t\t\t&#8220;Participates in a <span class=\"dictionary\">winter sport<\/span>&#8221; or &#8220;participating in a <span class=\"dictionary\">winter sport<\/span>&#8221; means: <a id=\"paragraph-1407212\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/8.01-227.11\/#10\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"1\"><p><span class=\"prefix-number\">1.<\/span> Using a trail or other terrain at a <span class=\"dictionary\">winter sports area<\/span> to engage in a <span class=\"dictionary\">winter sport<\/span>; <a id=\"paragraph-1407213\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/8.01-227.11\/#1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"2\"><p><span class=\"prefix-number\">2.<\/span> Participating in training or lessons for a <span class=\"dictionary\">winter sport<\/span> as either an instructor or a student; <a id=\"paragraph-1407214\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/8.01-227.11\/#2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"3\"><p><span class=\"prefix-number\">3.<\/span> Being a spectator, observer, bystander, or pedestrian of or to any activity on a trail or other terrain at or near a <span class=\"dictionary\">winter sports area<\/span>; or <a id=\"paragraph-1407215\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/8.01-227.11\/#3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"4\"><p><span class=\"prefix-number\">4.<\/span> Being a passenger on a <span class=\"dictionary\">passenger tramway<\/span>.\n\t\t\t&#8220;Passenger&#8221; means any individual, including a <span class=\"dictionary\">winter sports participant<\/span>, while being transported or conveyed by a <span class=\"dictionary\">passenger tramway<\/span>, while waiting in the immediate vicinity for such transportation or conveyance, while moving away from the disembarkation or unloading point of a <span class=\"dictionary\">passenger tramway<\/span> to clear the way for the following <span class=\"dictionary\">passengers<\/span>, or while boarding or embarking upon or unloading or disembarking from a <span class=\"dictionary\">passenger tramway<\/span>.<br \/><br \/>\t\t\t&#8220;<span class=\"dictionary\">Passenger tramway<\/span>&#8221; means any ski lift, chairlift, gondola, tramway, cable car, or other aerial lift and any rope tow, conveyor, t-bar, j-bar, handle tow, or other surface lift used by an operator to transport <span class=\"dictionary\">participants<\/span>, spectators, observers, or pedestrians at a <span class=\"dictionary\">winter sports area<\/span>, and any associated components including, but not limited to, lift towers, concrete tower foundations, tower bolts, tower ladders, lift terminals, chairs, gondolas, t-bars, j-bars, conveyors, and other structures relating to <span class=\"dictionary\">passenger tramways<\/span>.<br \/><br \/>\t\t\t&#8220;<span class=\"dictionary\">Person<\/span>&#8221; means any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof.<br \/><br \/>\t\t\t&#8220;<span class=\"dictionary\">Snowmaking equipment<\/span>&#8221; means any machine used to make snow, including but not limited to snow guns and any associated towers, components, pipe, hydrant, hose, or other structures or equipment, including electrical equipment.<br \/><br \/>\t\t\t&#8220;Trail&#8221; or &#8220;<span class=\"dictionary\">winter sports area trail<\/span>&#8221; means any slope, trail, run, freestyle terrain, or <span class=\"dictionary\">competition terrain<\/span> located in a <span class=\"dictionary\">winter sports area<\/span>. &#8220;Trail&#8221; includes edges and transition areas to other terrain, but does not include a <span class=\"dictionary\">tubing park<\/span>.<br \/><br \/>\t\t\t&#8220;Tubing&#8221; means sliding on inflatable tubes, minibobs, sleds, toboggans, or any other comparable devices down a prepared course or lanes at a <span class=\"dictionary\">winter sports area<\/span>.<br \/><br \/>\t\t\t&#8220;<span class=\"dictionary\">Tubing park<\/span>&#8221; means an area designated by an operator for tubing.<br \/><br \/>\t\t\t&#8220;<span class=\"dictionary\">Winter sport<\/span>&#8221; means a recreational or sporting activity, including sliding, jumping, walking, or traveling on a <span class=\"dictionary\">winter sports area trail<\/span> for alpine skiing; Nordic skiing; telemark skiing; freestyle skiing; snowboarding; freestyle snowboarding; snowshoeing; tobogganing; sledding; or use of a snowmobile, minibob, snowbike, or comparable device; or any similar activity or use of a device that takes place at any time of the year on natural snow, man-made snow, ice, synthetic snow, synthetic ice, or any other synthetic surface, including a competition or the use of any device by a disabled or adaptive participant for a <span class=\"dictionary\">winter sport<\/span>. &#8220;<span class=\"dictionary\">Winter sport<\/span>&#8221; does not include ice skating or tubing.<br \/><br \/>\t\t\t&#8220;<span class=\"dictionary\">Winter sports area<\/span>&#8221; means all the real and personal property under control of the operator or on the premises of such property that is being occupied by the operator by fee simple, lease, license, easement, permission, or otherwise, including but not limited to any and all <span class=\"dictionary\">trails<\/span>, freestyle terrain, <span class=\"dictionary\">competition terrain<\/span>, <span class=\"dictionary\">passenger tramways<\/span>, or other areas of real property. &#8220;<span class=\"dictionary\">Winter sports area<\/span>&#8221; does not include a <span class=\"dictionary\">tubing park<\/span> except for any <span class=\"dictionary\">passenger tramway<\/span> serving a <span class=\"dictionary\">tubing park<\/span> and the immediate vicinity of such a <span class=\"dictionary\">passenger tramway<\/span> in which individuals embark upon or disembark from the <span class=\"dictionary\">passenger tramway<\/span>.<br \/><br \/>\t\t\t&#8220;<span class=\"dictionary\">Winter sports area<\/span> infrastructure&#8221; means: <a id=\"paragraph-1407216\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/8.01-227.11\/#4\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"1\"><p><span class=\"prefix-number\">1.<\/span> <span class=\"dictionary\">Passenger tramways<\/span>; <a id=\"paragraph-1407217\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/8.01-227.11\/#1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"2\"><p><span class=\"prefix-number\">2.<\/span> <span class=\"dictionary\">Snowmaking equipment<\/span>; <a id=\"paragraph-1407218\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/8.01-227.11\/#2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"3\"><p><span class=\"prefix-number\">3.<\/span> Towers, buildings, shacks, fixtures, furniture, and other structures, including utility infrastructure, located on the <span class=\"dictionary\">winter sports area<\/span> property; and <a id=\"paragraph-1407219\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/8.01-227.11\/#3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"4\"><p><span class=\"prefix-number\">4.<\/span> Signs, fences, ropes, flags, posts, poles, and any other <span class=\"dictionary\">materials<\/span> or structures used for posting signs or to manage or direct <span class=\"dictionary\">winter sports participants<\/span>, spectators, observers, or pedestrians or any combination thereof.\n\t\t\t&#8220;<span class=\"dictionary\">Winter sports area vehicle<\/span>&#8221; means a vehicle used on a <span class=\"dictionary\">winter sports area trail<\/span> in the operation and maintenance of <span class=\"dictionary\">winter sports areas<\/span> and <span class=\"dictionary\">competitions<\/span> and includes, but is not limited to, snowmobiles, all-terrain vehicles, and any other similarly sized vehicles as well as larger maintenance vehicles such as snow grooming equipment. <a id=\"paragraph-1407220\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/8.01-227.11\/#4\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nDEFINITIONS (\u00a7 8.01-227.11)\n\nAs used in this article, unless the context requires a different\nmeaning:\t\t&#8220;ANSI Ski Lift Code&#8221; means the American National Standard\n(B77.1-2006): Passenger Ropeways &#8212; Aerial Tramways, Aerial Lifts, Surface\nLifts, Tows and Conveyors &#8212; Safety Requirements, as published by the\nAmerican National Standards Institute, including any supplements thereto or\nrevisions thereof.\t\t&#8220;Competition&#8221; means any contest or event\noperated by a winter sports area operator or any other party authorized by the\noperator at a winter sports area involving comparison of skills, including, but\nnot limited to, a ski race, mogul contest, jumping event, freestyle event,\nsnowcross contest, or other similar contest or event. &#8220;Competition&#8221;\nincludes training sessions or practice for a contest or\nevent.\t\t&#8220;Competition terrain&#8221; means any part of a winter sports area\nin which an operator has authorized a competition to take\nplace.\t\t&#8220;Competitor&#8221; means a winter sports participant who actually\nis engaged in a competition in any portion of a winter sports area made\navailable by the winter sports area operator.\t\t&#8220;Designated trail&#8221;\nmeans a winter sports area trail on which a participant is permitted by the\noperator to participate in a winter sport.\t\t&#8220;Freestyle terrain&#8221; and\n&#8220;freestyle terrain park&#8221; means any portion of a winter sports area\nthat has been designated as such by the operator for freestyle skiing, freestyle\nsnowboarding, or similar freestyle winter sports and includes, but is not\nlimited to, the terrain park itself and features such as rails, boxes, jumps,\nhits, jibs, tabletops, spines, ramps, banks, pipes, half-pipes, quarter-pipes,\ntables, logs, or other man-made features such as buses and other vehicles,\npropane tanks, and tractor tires; snowcross terrain and features; and other\nconstructed or natural features, but does not include moguls, bumps, or rollers\nor jumps not built by the operator, unless they are within a designated\nfreestyle terrain park.\t\t&#8220;Freestyler&#8221; means a winter sports\nparticipant utilizing freestyle terrain or a freestyle terrain\npark.\t\t&#8220;Helmet&#8221; means a type of molded headgear equipped with a neck\nor chin strap specifically designed by the manufacturer to be used while engaged\nin the winter sport of alpine skiing or snowboarding.\t\t&#8220;Inherent risks of\nwinter sports&#8221; or &#8220;inherent risks of the winter sport&#8221;\ninclude:\n\n1. Existing and changing weather conditions and visibility;\n\n2. Hazards associated with varying surface or subsurface conditions on a single\ntrail or from one trail to another, including but not limited to hazards such as\nparticipant use, snow in any condition and changing snow conditions, man-made\nsnow, synthetic snow, ice, synthetic ice, snow or ice falling from a tree or\nnatural or man-made structure, crust, slush, soft spots, ridges, rollers, knobs,\nholes, grooves, tracks from winter sports area vehicles, bare spots, rocks,\nboulders, stumps, logs, and brush or other forest growth or debris, or piles\nthereof;\n\n3. Variations in difficulty of terrain, whether natural or as a result of slope\nuse, slope design, or both;\n\n4. Trails that have, or fall away or drop off toward, natural or man-made\nobstacles or hazards, including but not limited to sharp corners, ridges, jumps,\nbumps, rollers, moguls, valleys, dips, compressions, cliffs, ravines, drop-offs,\nstreams, rivers, ponds, lakes, stream beds, open water or water with thin ice,\nholes, steep, flat, and uphill sections, and all variants and combinations\nthereof;\n\n5. The potential for collision with other participants or other individuals,\nincluding with winter sports area personnel, whether or not those personnel are\non duty or off duty; with wild or domestic animals; or with equipment or objects\nsuch as winter sports area infrastructure, snowmaking equipment, buildings and\nposts, and stationary and moving lit or flagged winter sports area vehicles;\n\n6. The potential for a participant to act in a negligent or reckless manner that\nmay cause or contribute to the injury or death of the participant or other\nindividuals or damage to property;\n\n7. The location, construction, design, layout, configuration, and condition of\ntrails, freestyle terrain, and competition terrain;\n\n8. The fact that use of trails, freestyle terrain, and competition terrain and\nparticipation in or being near races or other competitions or events, including\nbut not limited to as a participant, employee at a winter sports area,\nspectator, or observer, involves the risk of serious injury or death or damage\nto property;\n\n9. The fact that a helmet may not afford protection in all instances and that\nfailure to wear a helmet that is properly sized, fitted, and secured may\nincrease the risk of injury or death or the risk of more severe injury; and\n\n10. The fact that the use of passenger tramways may be hazardous to passengers,\nincluding but not limited to risks resulting from loading or unloading a tramway\nand the potential for a passenger to fall from a tramway.\n\t\t\t&#8220;Operator&#8221; or &#8220;winter sports area operator&#8221; means any\nperson who has responsibility for the operations of a winter sports area,\nincluding its officers, directors, and employees and agents acting within the\nscope of their employment.\t\t\t&#8220;Participant&#8221; or &#8220;winter sports\nparticipant&#8221; means an individual of any age or physical or mental ability\nwho is an amateur or professional invitee of the operator or a trespasser and\nwho participates in a winter sport at the winter sports area, whether or not\nconsideration is paid to participate in the winter sport and whether or not the\nparticipant holds a valid admission ticket for all or a portion of the winter\nsports area, and any employee of the operator who participates in a winter sport\neither as part of his employment duties or as recreation.\t\t\t&#8220;Participates\nin a winter sport&#8221; or &#8220;participating in a winter sport&#8221; means:\n\n1. Using a trail or other terrain at a winter sports area to engage in a winter\nsport;\n\n2. Participating in training or lessons for a winter sport as either an\ninstructor or a student;\n\n3. Being a spectator, observer, bystander, or pedestrian of or to any activity\non a trail or other terrain at or near a winter sports area; or\n\n4. Being a passenger on a passenger tramway.\n\t\t\t&#8220;Passenger&#8221; means any individual, including a winter sports\nparticipant, while being transported or conveyed by a passenger tramway, while\nwaiting in the immediate vicinity for such transportation or conveyance, while\nmoving away from the disembarkation or unloading point of a passenger tramway to\nclear the way for the following passengers, or while boarding or embarking upon\nor unloading or disembarking from a passenger tramway.\t\t\t&#8220;Passenger\ntramway&#8221; means any ski lift, chairlift, gondola, tramway, cable car, or\nother aerial lift and any rope tow, conveyor, t-bar, j-bar, handle tow, or other\nsurface lift used by an operator to transport participants, spectators,\nobservers, or pedestrians at a winter sports area, and any associated components\nincluding, but not limited to, lift towers, concrete tower foundations, tower\nbolts, tower ladders, lift terminals, chairs, gondolas, t-bars, j-bars,\nconveyors, and other structures relating to passenger\ntramways.\t\t\t&#8220;Person&#8221; means any individual, corporation, partnership,\nassociation, cooperative, limited liability company, trust, joint venture,\ngovernment, political subdivision, or any other legal or commercial entity and\nany successor, representative, agent, agency, or instrumentality\nthereof.\t\t\t&#8220;Snowmaking equipment&#8221; means any machine used to make\nsnow, including but not limited to snow guns and any associated towers,\ncomponents, pipe, hydrant, hose, or other structures or equipment, including\nelectrical equipment.\t\t\t&#8220;Trail&#8221; or &#8220;winter sports area\ntrail&#8221; means any slope, trail, run, freestyle terrain, or competition\nterrain located in a winter sports area. &#8220;Trail&#8221; includes edges and\ntransition areas to other terrain, but does not include a tubing\npark.\t\t\t&#8220;Tubing&#8221; means sliding on inflatable tubes, minibobs, sleds,\ntoboggans, or any other comparable devices down a prepared course or lanes at a\nwinter sports area.\t\t\t&#8220;Tubing park&#8221; means an area designated by an\noperator for tubing.\t\t\t&#8220;Winter sport&#8221; means a recreational or\nsporting activity, including sliding, jumping, walking, or traveling on a winter\nsports area trail for alpine skiing; Nordic skiing; telemark skiing; freestyle\nskiing; snowboarding; freestyle snowboarding; snowshoeing; tobogganing;\nsledding; or use of a snowmobile, minibob, snowbike, or comparable device; or\nany similar activity or use of a device that takes place at any time of the year\non natural snow, man-made snow, ice, synthetic snow, synthetic ice, or any other\nsynthetic surface, including a competition or the use of any device by a\ndisabled or adaptive participant for a winter sport. &#8220;Winter sport&#8221;\ndoes not include ice skating or tubing.\t\t\t&#8220;Winter sports area&#8221; means\nall the real and personal property under control of the operator or on the\npremises of such property that is being occupied by the operator by fee simple,\nlease, license, easement, permission, or otherwise, including but not limited to\nany and all trails, freestyle terrain, competition terrain, passenger tramways,\nor other areas of real property. &#8220;Winter sports area&#8221; does not\ninclude a tubing park except for any passenger tramway serving a tubing park and\nthe immediate vicinity of such a passenger tramway in which individuals embark\nupon or disembark from the passenger tramway.\t\t\t&#8220;Winter sports area\ninfrastructure&#8221; means:\n\n1. Passenger tramways;\n\n2. Snowmaking equipment;\n\n3. Towers, buildings, shacks, fixtures, furniture, and other structures,\nincluding utility infrastructure, located on the winter sports area property;\nand\n\n4. Signs, fences, ropes, flags, posts, poles, and any other materials or\nstructures used for posting signs or to manage or direct winter sports\nparticipants, spectators, observers, or pedestrians or any combination thereof.\n\t\t\t&#8220;Winter sports area vehicle&#8221; means a vehicle used on a winter\nsports area trail in the operation and maintenance of winter sports areas and\ncompetitions and includes, but is not limited to, snowmobiles, all-terrain\nvehicles, and any other similarly sized vehicles as well as larger maintenance\nvehicles such as snow grooming equipment.\n\nHISTORY: 2012, c. 713.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}