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Wording changed in Winter Park liability release after lawsuit

post #1 of 20
Thread Starter 

I just signed my 2012/13 liability release/waiver for my Copper/Winter Park/Steamboat pass. I think the fine print has been changed...

 

 Undersigned understand that the use of the ski area facilities involves risks including, but not limited to, high elevation, wildlife encounters, falling trees and limbs, marked and unmarked obstacles, deep snow conditions and tree wells, slick or uneven walking surfaces, surfaces covered with ice and snow, unstable ice and snow including but not limited to slides and avalanches, rugged mountainous terrain, acts of other skiers and equipment malfunction.

 

Last year's read: 

 

Undersigned understand that the use of the ski area facilities involves risks including, but not limited to, high elevation, wildlife encounters, falling trees and limbs, marked and unmarked obstacles, slick or uneven walking surfaces, surfaces covered with ice and snow, unstable ice and snow, rugged mountainous terrain, acts of other skiers and equipment malfunction.

 

 

You will remember this  http://denver.cbslocal.com/2012/05/12/family-sues-over-inbounds-avalanche-death-at-winter-park/    Also, the family of the kid that was killed at Vail also filed suit; I don't know about the release form there.

post #2 of 20

I wonder if Intrawest has made the liability release form wording change at Whistler and other resorts that they own.

post #3 of 20
Dano--just FYI , Intrawest does not own Copper Mountain anymore. This will be the third season for Copper Mountain under the ownership of Powdr Corporation, which also owns Park City and Killington.

Best regards,
Bob
post #4 of 20

Not surprising to see the amendment. I never heard a ruling against Vail or Winter Park over the incident, but I’d imagine it’s near impossible to prove liability since snow conditions and weather are constantly changing. Additionally, I believe there’s only been 3 (2 from that day in January) in bounds avalanche deaths in Colorado in 50 years. You have better odds of getting mauled by prairie dogs than getting wiped out by a slide.

 

Here’s a video I found of the conditions that day. This is from Tophers Trees area at Winter Park the day of the slide and where the man was killed.  Pretty sketchy.

http://www.youtube.com/watch?v=nxT-abuTovQ


Edited by COBillsFan - 10/22/12 at 10:50am
post #5 of 20
Thread Starter 
Quote:
Originally Posted by Bob Barnes View Post

Dano--just FYI , Intrawest does not own Copper Mountain anymore. This will be the third season for Copper Mountain under the ownership of Powdr Corporation, which also owns Park City and Killington.
Best regards,
Bob

But my pass is an Intrawest pass, and we go through Winter Park (ie Intrawest) forms.  Copper's release (for Copper-only passes) is totally different. 

post #6 of 20
Thread Starter 
Here is the relevant passage for Whistler ... I don't know if it is changed, but the wording is different from WInter Park's. It's also in a different country....
 
ASSUMPTION OF RISKS
I am aware that skiing, snowboarding, participating in snow school lessons, tubing, cycling, mountain biking, hiking and sightseeing
(hereinafter collectively referred to as the “ACTIVITIES”) involve many risks, dangers and hazards including, but not limited to: boarding, 
riding and disembarking ski lifts; changing weather conditions; avalanches; loss of balance or control; exposed rock, earth, ice, and other 
natural objects; trees, tree wells, tree stumps and forest dead fall; the condition of snow or ice on or beneath the surface; variations in the 
terrain which may create blind spots or areas of reduced visibility; variations in the surface or sub-surface, including changes due to man- 
made or artificial snow; variable and difficult conditions; streams, creeks, and exposed holes in the snow pack above streams or creeks; 
cliffs; crevasses; snowcat roads, road-banks or cut-banks; collision with lift towers, fences, snow making equipment, snow grooming 
equipment, snowcats, snowmobiles or other vehicles, equipment or structures; collision with other persons; the failure to act safely or 
within one’s own ability or to stay within designated areas; negligent first aid, negligence of other skiers, snowboarders, cyclists, hikers
and other persons;  and NEGLIGENCE ON THE PART  OF WHISTLER BLACKCOMB OR ITS STAFF.  I UNDERSTAND THAT
NEGLIGENCE INCLUDES FAILURE ON THE PART OF WHISTLER BLACKCOMB OR ITS STAFF TO TAKE REASONABLE STEPS
TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF THE ACTIVITIES. USE OF TERRAIN,
TUBE AND BIKE PARK  FEATURES INVOLVES INCREASED RISK OF INJURY. I am also aware that the risks, dangers and
hazards referred to above exist throughout the ski area and that many are unmarked.
I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH THE ACTIVITIES AND I FREELY ACCEPT AND 
FULLY ASSUME ALL  SUCH RISKS, DANGERS AND  HAZARDS AND THE POS
post #7 of 20

fair enough, tree wells are a serious issue at Steamboat during the peak.  I am willing to bet the insurance Co's had them add it in.

post #8 of 20

Whatever became of the novel notion that "Skiing can be dangerous, deal with it."  And they forgot to add incorrect weather forecasts and moon phases to the list.

post #9 of 20

the day the attorney showed up biggrin.gif

post #10 of 20

They need another disclaimer for distracted or 420 altered lift operators.tongue.gif

Warning: Spoiler! (Click to show)
post #11 of 20

never gets old.....  icon14.gif

 

Hey if you want to ski, just sign it, no one reads it but Seg biggrin.gif

post #12 of 20
Thread Starter 
Quote:
Originally Posted by Finndog View Post

never gets old.....  icon14.gif

 

Hey if you want to ski, just sign it, no one reads it but Seg biggrin.gif

 

Don't you read every word of every agreement you sign??????

 

Yeah, well, I just got it in my email, and I wondered since there was a lawsuit, etc etc, and I did read it. Then I read Copper's. Then I looked up last year's WP ... I think I'm supposed to be raking leaves or something useful, this is much more procrastinate-y.

post #13 of 20

or making grits? biggrin.gif

post #14 of 20
Thread Starter 
Quote:
Originally Posted by Finndog View Post

or making grits? biggrin.gif

 

Pretty much ... next I will bake something, which I only do when I'm supposed to be doing something else...

post #15 of 20

how about some famous CO brownies? th_dunno-1[1].gif

post #16 of 20

I raked this weekend, I texted my landscaper.....  

Quote:
Originally Posted by segbrown View Post

 

Don't you read every word of every agreement you sign??????

 

Yeah, well, I just got it in my email, and I wondered since there was a lawsuit, etc etc, and I did read it. Then I read Copper's. Then I looked up last year's WP ... I think I'm supposed to be raking leaves or something useful, this is much more procrastinate-y.

post #17 of 20

Whistler could have saved a lot of $ in legal fees if they would just get you to sign a release that says "Whatever happens its your fault, not WB".

post #18 of 20
Quote:
Originally Posted by Bob Barnes View Post

Dano--just FYI , Intrawest does not own Copper Mountain anymore. This will be the third season for Copper Mountain under the ownership of Powdr Corporation, which also owns Park City and Killington.
Best regards,
Bob

 


Fact check.  POWDR doesn't own Killington although it does control day to day resort operations. 

 

Killington is a joint venture between POWDR and SP Land (shell company of some Texas tycoons.)  POWDR reportedly owns a roughly 60% share.  Mike Solimano (Killington GM) has to keep Chris Nyberg (POWDR Resorts Division), John Cummings (POWDR), and Steve Selbo (SP Land) happy.  POWDR is a significant minority investor in the SP Land village and real estate efforts to ensure that Killington operations reflect its minority owner's business interests.  Killington's two masters make strange bedfellows to say the least.

post #19 of 20

next year someone will probably ski into a bra hanging from the bra tree, hang them selves and sue....   wonder how they will word that... 

post #20 of 20
Quote:
Originally Posted by pdiddy View Post

next year someone will probably ski into a bra hanging from the bra tree, hang them selves and sue....   wonder how they will word that... 

I don't know, but if they mention tits I will sign it.
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