Section 18-106. Duties of skiers and ski area operators with respect to inherent risks  


Latest version.
  • It is recognized that skiing  is  a  voluntary  activity  that  may  be  hazardous regardless of all feasible safety measures that
      can be undertaken by ski area operators. Accordingly:
        1. Ski area operators shall have the following additional duties:
        a. To post at every point of sale or  distribution  of  lift  tickets,
      whether  on  or off the premises of the ski area operator, a conspicuous
      "Warning to  Skiers"  relative  to  the  inherent  risks  of  skiing  in
      accordance  with  regulations  promulgated  by the commissioner of labor
      pursuant to subdivision four of section eight hundred sixty-seven of the
      labor law, and to imprint upon all lift  tickets  sold  or  distributed,
      such  text  and  graphics  as  the commissioner of labor shall similarly
      specify, which shall conspicuously direct the attention of all skiers to
      the required "Warning to Skiers";
        b. To post at every point of sale or distribution of lift tickets at a
      ski area notice to skiers and passengers that  this  article  prescribes
      certain  duties  for  skiers,  passengers and ski area operators, and to
      make copies of this article in its  entirety  available  without  charge
      upon  request  to skiers and passengers in a central location at the ski
      area;
        c. To make available at reasonable fees, as  required  by  subdivision
      thirteen  of  section  18-103 of this article, instruction and education
      for skiers relative to the risks inherent in the sport  and  the  duties
      prescribed  for skiers by this article, and to conspicuously post notice
      of the  times  and  places  of  availability  of  such  instruction  and
      education in locations where it is likely to be seen by skiers; and
        d.  To post notice to skiers of the right to a refund to the purchaser
      in the form and amount paid in the  initial  sale  of  any  lift  ticket
      returned  to  the ski area operator, intact and unused, upon declaration
      by such purchaser that he or she is unprepared or unwilling to  ski  due
      to the risks inherent in the sport or the duties imposed upon him or her
      by this article.
        2. Skiers shall have the following additional duties to enable them to
      make informed decisions as to the advisability of their participation in
      the sport:
        a.  To  seek out, read, review and understand, in advance of skiing, a
      "Warning to Skiers" as shall be defined pursuant to subdivision five  of
      section  eight  hundred  sixty-seven  of  the  labor law, which shall be
      displayed and provided pursuant to paragraph a  of  subdivision  one  of
      this section; and
        b.  To  obtain such education in the sport of skiing as the individual
      skier shall deem appropriate to his or her level of  ability,  including
      the  familiarization with skills and duties necessary to reduce the risk
      of injury in such sport.