USA Statutes : arizona
Title : Amusements and Sports
Chapter : SKIING
5-701 Definitions
In this chapter, unless the context otherwise requires:
1. "Base area lift" means a passenger tramway that skiers ordinarily use without
first using another passenger tramway.
2. "Chair lift" means a type of transportation on which passengers are carried on
chairs suspended in the air and attached to a moving cable, chain or link belt supported
by trestles or towers with one or more spans.
3. "Competitor" means a skier actually engaged in competition or in practice for
competition with the permission of a ski area operator on any slope or trail or portion
of any slope or trail designated for competition by the ski area operator.
4. "Conditions of ordinary visibility" means daylight and, if applicable, nighttime
in nonprecipitating weather.
5. "Inherent dangers and risks of skiing" means those dangers or conditions that
are an integral part of the sport of skiing, excluding acts of ordinary or gross
negligence, or reckless or intentional conduct on the part of the ski area
operator. Inherent dangers and risks of skiing include:
(a) Changing weather conditions.
(b) Existing and changing snow surface conditions, such as ice, hard pack, powder,
packed powder, wind pack, corn, crust, slush, cut-up and machine-made snow.
(c) Surface or subsurface conditions, whether marked or unmarked, such as bare
spots, forest growth, rocks, stumps, streambeds, trees or other natural objects.
(d) Impacts with lift towers, signs, posts, fences or other enclosures, hydrants,
water pipes or other man-made structures and their components, whether marked or
unmarked.
(e) Variations in steepness or terrain, including roads, catwalks and other terrain
modifications, whether natural or as a result of slope design, snowmaking or grooming
operations.
(f) Collisions with other skiers.
(g) The failure of skiers to ski within their own abilities.
6. "Passenger tramway" means a device used to transport passengers uphill on skis
or in cars on tracks or suspended in the air by the use of steel cables, chains, belts or
ropes, usually supported by trestles or towers with one or more spans.
7. "Rope tow" means a mode of transportation that pulls a skier riding on skis as
the skier grasps the rope with the skier's hands.
8. "Ski area" means all ski slopes and trails or other places within the boundary
of a ski area operator's property, administered as a single enterprise in this state.
9. "Ski area operator" means any corporation, company, partnership, firm,
association or other commercial entity, including a natural person, and its employees,
agents, members, successors in interest, affiliates and assigns that have responsibility
for the operations of a ski area.
10. "Ski Slopes and Trails" means those areas designated by a ski area operator for
use by skiers for any of the purposes listed in paragraph 11.
11. "Skier" means a person using a ski area for the purpose of skiing or sliding
downhill on snow or ice on skis, a toboggan, sled, tube, skibob or snowboard or any other
device, using any of the facilities of a ski area, including ski slopes and trails, or
observing any activities in a ski area as a sightseer or visitor.
12. "Surface lift" means a mode of transportation that pulls skiers riding on skis
by means of attachment to an overhead cable supported by trestles or towers. Surface
lift includes a J-bar, a T-bar, a platter pull and any similar device.
5-702 Posting passenger informationsigns
A. A ski area operator shall maintain a sign system with concise, simple and
pertinent information for the protection and instruction of people on a passenger
tramway.
B. A ski area operator shall prominently display signs that are readable in
conditions of ordinary visibility and, if applicable, that are adequately lighted for
nighttime passengers, as follows:
1. At or near the loading point of each passenger tramway, rope tow and surface
lift advising that any person not familiar with the operation of the tramway, rope tow or
surface lift should ask ski area personnel for assistance and instruction.
2. In a conspicuous place at the loading area of each two-car or multicar passenger
tramway that states the maximum capacity in pounds of the car and the maximum number of
persons allowed in the car.
3. In the interior of each car in a two-car or multicar passenger tramway that
states the maximum capacity in pounds of the car and the maximum number of persons
allowed in the car and that gives instructions for procedures in the case of emergencies.
4. At all chair lifts stating the following:
(a) "Check for loose clothing and equipment", which shall be posted ahead of the
"prepare to unload" sign described in subdivision (c) of this paragraph.
(b) "Keep ski tips up" or "keep tips up", which shall be posted ahead of any point
where skis may come in contact with a platform or the snow surface while a skier is
seated in the chair lift.
(c) "Prepare to unload", which shall be posted at least fifty feet ahead of the
unloading area.
(d) "Remove pole straps from wrists", which shall be posted where applicable.
(e) "Stop gate", which shall be posted where applicable.
(f) "Unload here", which shall be posted at the point designated for unloading.
5. At all Rope Tows and Surface Lifts stating the following:
(a) "Check for loose clothing and equipment", which shall be posted ahead of the
"prepare to unload" sign described in subdivision (b) of this paragraph.
(b) "Prepare to unload", which shall be posted at least fifty feet ahead of each
unloading area.
(c) "Remove pole straps from wrists", which shall be posted where applicable.
(d) "Safety gate", "stay in tracks" or "stop gate", which shall be posted where
applicable.
(e) "Unload here", which shall be posted at the point designated for unloading or
where applicable.
C. At the operator's discretion a ski area operator may post additional signs not
required by subsection B.
D. Before opening a passenger tramway to the public each day, a ski area operator
shall inspect the tramway for the presence of the signs required by subsection B or that
are posted pursuant to subsection C.
E. The extent of the responsibility of a ski area operator under this section is to
post and maintain the signs required by subsection B and to maintain any signs posted
pursuant to subsection C. It is a rebuttable presumption that all passengers and skiers
saw and understood the signs if evidence exists that the signs required by subsection B
or that are posted pursuant to subsection C were posted and the signs were maintained.
5-703 Posting ski information signs
A. A ski area operator shall maintain a sign and marking system with concise,
simple and pertinent information for the protection and instruction of skiers. The signs
required by this section shall be readable in conditions of ordinary visibility and, if
applicable, that are adequately lighted for nighttime skiers.
B. A ski area operator shall place a sign that depicts and explains signs and
symbols that skiers may encounter in the ski area in a position where all skiers who are
proceeding to the uphill loading point of each base area lift will see the sign. The
sign shall depict and explain at least the following signs and symbols:
1. A green circle and the word "easier", which designates the least difficult ski
slopes and trails of the ski area.
2. A blue square and the words "more difficult", which designates the ski slopes
and trails of the ski area that have a degree of difficulty between the least difficult
and most difficult slopes and trails.
3. A black diamond and the words "most difficult", which designates the most
difficult ski slopes and trails of the ski area.
4. A figure in the shape of a skier with a band running diagonally from corner to
corner of the sign with the word "closed" printed beneath the emblem.
C. If applicable, a ski area operator shall place a sign at or near the loading
point of a passenger tramway that states one of the following:
1. If the tramway transports passengers only to the more difficult or most
difficult ski slopes and trails in the ski area, the sign shall state: "WARNING: This
lift services 'more difficult' (blue square emblem) and 'most difficult' (black diamond
emblem) slopes and trails only.".
2. If the tramway transports passengers only to the most difficult ski slopes and
trails in the ski area, the sign shall state: "WARNING: This lift services 'most
difficult' (black diamond emblem) slopes and trails only.".
D. If a ski area operator closes a ski slope or trail or a portion of a ski slope
or trail to the public, the operator shall place a sign notifying skiers that the slope
or trail or portion of the slope or trail is closed at each identified entrance to the
slope or trail or closed portion of the slope or trail. In lieu of placing a sign at
each identified entrance, the ski area operator may close off the entrance with rope or
fences.
E. A ski area operator shall place a sign at or near the beginning of each ski
slope or trail that contains the appropriate symbol of the relative degree of difficulty
of that slope or trail as set forth in subsection B. The requirements of this subsection
do not apply to a ski slope or trail that is designated "easier" if a skier may
substantially view the slope or trail in its entirety before beginning to ski the slope
or trail.
F. A ski area operator shall mark the ski area boundaries that are designated on
the trail map.
G. A ski area operator shall mark all ski lift tickets and season passes that the
operator sells or makes available to skiers with the following in clearly readable print:
Warning: Under ARIZONA law, a skier accepts the risk of any injury to person
or property resulting from any of the inherent dangers and risks of skiing,
including changing weather conditions, existing and changing snow surface
conditions, surface or subsurface conditions, whether marked or unmarked,
collisions with natural or man-made objects, whether marked or unmarked and
the failure of skiers to ski within their own abilities.
H. A ski area operator shall post and maintain signs where ski lift tickets and ski
school lessons are sold and in a location that is clearly visible to skiers who are
proceeding to the uphill loading point of each base area lift that state the following in
clearly readable print:
Warning--important: Under ARIZONA law, a skier accepts the risk of any injury
to person or property resulting from any of the inherent dangers and risks of
skiing. Some of these risks are listed on your lift ticket or season
pass. Please review your ticket or pass and ask the ski area personnel for
more information.
5-704 Additional duties of ski areaoperators
A. If maintenance equipment is being used to maintain or groom any ski slope or
trail that a ski area operator has not designated as closed pursuant to section 5-703,
subsection D, the ski area operator shall place a conspicuous notice at or near the
beginning of the slope or trail and at any entrance points to the slope or trail that
notifies skiers about the presence of the equipment.
B. All snowmobiles operated on the ski slopes or trails of a ski area shall be
equipped with at least the following:
1. One lighted head lamp.
2. One lighted red tail lamp.
3. A red or orange flag that is at least forty square inches in size and that is
mounted at least five feet above the bottom of the tracks.
C. A ski area operator has no duties to any skier who skis beyond the designated
boundaries of the ski area.
5-705 Duties of skiers in any action againstthe 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.
5-706 Release of liability
In any action brought by a skier against a ski area operator, if the ski area
operator proves that the skier signed a valid release, the ski area operator's liability
shall be determined by the terms of the release.
5-707 Competition
A. Before the beginning of any competition, a ski area operator shall allow any
competitor a reasonable visual inspection of the course or area where the competition is
to be held.
B. A competitor accepts the risk of all course conditions, including weather and
snow conditions, course construction or layout and obstacles that a visual inspection
immediately before the run could have revealed.
C. In any action brought by a competitor against any ski area operator, if the ski
area operator proves that the participant in the competition signed a valid release, the
ski area operator's liability shall be determined by the terms of the release.