“Snow Cases”: PART III – Waivers Enforced in Skiing and Snow Boarding Cases

By Doyice Cotten

Five “Snow” cases have been presented in the previous two posts. Two more will be examined in this post.

Bagley v. Mt. Bachelor, Inc. (2013) – Colorado

This case was discussed in some detail in the February 11, 2013 post entitled “Oregon Addresses a Parental Waiver for the First Time.” The case involved a minor who reached the age of majority shortly after his father signed a liability waiver enabling him to snowboard on Mt.

Oregon Addresses a Parental Waiver for the First Time

By Doyice Cotten

Prior to this case, Oregon was one of about 20 states in which the courts had not ruled on the enforceability of parental waivers in a recreational setting. In Bagley v. Mt. Bachelor, Inc. (2013), Myles Bagley’s father signed a waiver and indemnity agreement on behalf of his son so that the 17 year-old, an expert snowboarder, could purchase a season pass to Mt. Bachelor. The waiver was signed two weeks before Myles’ 18th birthday.

Wisconsin Court Enforces Ski Park’s Waiver

By Alexander “Sandie” Pendleton

of Pendleton Legal, S.C.

This article was originally published on ReleaseLaw.com. The author, Alexander “Sandie” Pendleton, frequently speaks and writes on recreational legal risk-management issues. Sandie, a regular and valued contributor to Sportwaiver.com has recently started his own firm. We wish him success.


In a decision issued September 11, 2013, a Wisconsin trial court has enforced a ski park’s waiver. The case is significant,

Do You Kayak, Canoe, Swim, Dive, or Participate in Cold Water Activities? You Should Know About This Website!

By Doyice Cotten

I was recently introduced to the website coldwatersafety.org. I am the fartherest thing from an expert on cold water safety, however this website provides a lot of information that anyone who participates in or leads groups in cold water activities should know about.

Moulton Avery, Founder and Director of the National Center for Cold Water Safety kindly let me know about the site and gave me permission to tell you about the site.

Waiver Protects Tennessee Motorcycle Safety School from Loss

By Doyice Cotten

Ruth Maxwell, a 58-year-old Tennessee resident, saw an ad for a motor scooter convention and decided it would be a fun and economical way to travel to and from work.(Maxwell v. Motorcycle Safety Foundation, Inc., 2013 Tenn. App. LEXIS 52)  She decided to enroll in a class to learn how to operate a motor scooter safely and signed up for a course with the defendant Mid Tenn Motorcycle Education Center, Inc (MTMEC).

Absence of Risk Management Results in Death

By Doyice Cotten

Occasionally an injury or death occurs in a recreation or sport setting that really emphasizes the need of ongoing risk management. A recent lawsuit resulting from a kayaking death reported on AthleticBusiness.com presents a situation from which risk managers and sport managers can learn.

Christopher Gormley, an 18 year-old college student, died from hypothermia after his kayak tipped over in frigid waters while on a group trip. According to the lawsuit,

Lake Tahoe Parasailing Waiver Case Governed by Federal Admiralty Law

By Doyice Cotten

A lady was injured while parasailing on Lake Tahoe and sued alleging negligence by the provider (Cobb v. Aramark Sports and Entertainment Services, LLC, 2013 U.S. Dist. LEXIS 20139).  Prior to beginning the activity, she signed the following liability waiver intended to protect the provider from liability for injuries caused by provider negligence.

In consideration of my being allowed to participate in the parasailing  [*2] activities operated and conducted by [Zephyr],

Zorbing: Or how to Kill Yourself for only $10 (somewhat more in the U.S.)

By Doyice Cotten

Two Russian men, out for some adventure, paid the equivalent of $10 each and tried their hands at the new adventure sport, zorbing. Zorbing consists of rolling down a ski slope or grassy hill inside a giant inflatable ball. One of the men, a 27 year-old and father of two, was killed and the other badly injured when the ball veered off course and rolled over a precipice. A complete report comes from Fox News.

A Tale of 3 Waivers

By Doyice Cotten

On a recent trip to North Carolina, I picked up a copy of their waiver from three whitewater rafting companies – Nantahala Outdoor Center, Inc. (NOC), Carolina Outfitters, Inc., and Whitewater LTD Rafting. The waiver of each company is probably adequate to protect the company from liability for injuries resulting from negligence of the operator or from the inherent risks of the operator. Some important points from each waiver will be examined here.

New Jersey Snowboard Waiver Case: A Real Alfred Hitchcock Ending

By Doyice Cotten

I have read well over 1000 sport and recreation waiver cases; occasionally, a strange one comes along. But of all the cases I have examined, Dearnly v. Mountain Creek (2012 N.J. Super. Unpub. LEXIS 527) has to be the most bizarre.

First, the sequence of events:

Mrs. Dearnly was eligible for a free season pass at the Vernon Ski Resort as a job benefit.

Nov. 2008: Mr.