Chadwick v. Colt Ross Outfitters, Inc.

100 P.3d 465, 2004 WL 2496689
CourtSupreme Court of Colorado
DecidedNovember 8, 2004
Docket03SC458
StatusPublished
Cited by41 cases

This text of 100 P.3d 465 (Chadwick v. Colt Ross Outfitters, Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Chadwick v. Colt Ross Outfitters, Inc., 100 P.3d 465, 2004 WL 2496689 (Colo. 2004).

Opinions

COATS, Justice.

Charles Chadwick, the plaintiff in the underlying personal injury action, sought review of the court of appeals unpublished opinion affirming summary judgment for the defendant, Colt Ross Outfitters. The district court found that an exculpatory agreement executed by Chadwick validly released Colt Ross from liability for the injuries Chadwick suffered during a hunting expedition, even if those injuries resulted from the Outfitter’s negligence. The court of appeals affirmed, upholding the applicability and validity of the exculpatory agreement, after determining that it unambiguously expressed the intent of the parties and did not violate public policy. Because the agreement executed by Chadwick and Colt Ross Outfitters does unambiguously express the parties’ intent to release Colt Ross from liability for Chadwick’s injuries, and because it is not otherwise void as against public policy, the judgment of the court of appeals is affirmed.

I.

The suit arises from an incident that occurred during a hunting expedition, guided by Colt Ross Outfitters, Inc., in which Charles Chadwick was thrown from a mule and sustained severe injuries. Chadwick sued Colt Ross for negligently failing to supervise the hunt and, in particular, for failing to provide the proper equipment to secure his saddle. After unsuccessfully moving to dismiss, Colt Ross moved for summary judgment on the basis of a release provision included in the contract of the parties.

Chadwick, a resident of Texas, asserted in his pleadings that he contracted for and participated in an elk hunt organized by Colt Ross, a Colorado corporation engaged in the business of organizing, guiding, and supervising back-country hunting trips. Chadwick further asserted that several days after the hunt began, and well after he had complained that the horse assigned to him was ill, the wrangler removed the saddle from Chadwick’s horse and placed it on one of the pack mules, instructing Chadwick to ride the mule for the rest of the trip. That same day, while Chadwick and a companion hunted without immediate supervision, the saddle began to slide down the mule’s neck. When Chadwick attempted to dismount, the mule bucked, throwing him down a hill and causing serious injuries, including several fractures in his neck.

Colt Ross denied many of the allegations of the complaint but also asserted as a defense that Chadwick’s claims were barred by the release agreement he signed before embarking on the hunt. In a motion for summary judgment, Colt Ross therefore asserted that the issues of fact disputed by the parties were not material to Chadwick’s claims for relief. In granting the motion and dismissing the lawsuit, the district court found that the release agreement of the parties clearly and unambiguously expressed their intent to release the defendant from all claims for injury associated with the agreed-to hunting trip, and that Chadwick expressly acknowledged his understanding that he would be permitted to participate only if he agreed to this condition. The district court also rejected Chadwick’s claim that in light of legislative regulation, public policy barred release of the Outfitter from liability for any but the inherent risks of equine activities and that, in any event, the agreement was inapplicable to injuries caused while Chadwick was riding a mule, rather than a horse.

The court of appeals affirmed. Relying on previous holdings of this court involving recreational activities, and particularly equine activities, the appellate court found that the release agreement was not void as against [467]*467public policy. It held that the language of the agreement reflected a clear and unambiguous intent to release the Outfitter from all liability for any injury resulting from Chadwick’s participation in activities of the guided hunt; that the agreement contained the warnings expressly required by section 13-21-119, 5 C.R.S. (2003); and that riding a mule fell within the statutory definition of equine activities, as well as the broad language of the agreement concerning the use of animals while participating in the activities of the hunt.

Chadwick petitioned for a writ of certiora-ri.

II.

In no event will an exculpatory agreement be permitted to shield against a claim of willful and wanton negligence. Jones v. Dressel, 623 P.2d 370, 376 (Colo.1981). Although an exculpatory agreement that attempts to insulate a party from liability for his own simple negligence is also disfavored, it is not necessarily void as against the public policy of this jurisdiction, “as long as one party is not ‘at such obvious disadvantage in bargaining power that the effect of the contract is to put him at the mercy of the other’s negligence.’ ” See Heil Valley Ranch v. Simkin, 784 P.2d 781, 784 (Colo.1989) (citation omitted); Jones, 623 P.2d at 376. In determining the validity of such agreements, we have held that they must be closely scrutinized to ensure that the intent of the parties is expressed in clear and unambiguous language and that the circumstances and the nature of the service involved indicate that the contract was fairly entered into. Id.

To determine whether the intent of the parties is clearly and unambiguously expressed, we have previously examined the actual language of the agreement for legal jargon, length and complication, and any likelihood of confusion or failure of a party to recognize the full extent of the release provisions. See Heil, 784 P.2d at 785. We have even taken into account an injured party’s subsequent acknowledgment that he understood the meaning of the provision. See Heil, 784 P.2d at 785; cf. B & B Livery, Inc. v. Riehl, 960 P.2d 134, 138 (Colo.1998) (finding a release agreement valid where plaintiff admitted awareness that she was signing a release without reading it). Although the agreement must be clear, unambiguous, and unequivocal, we have also made clear that the specific terms “negligence” and “breach of warranty” are not invariably required for an exculpatory agreement to shield a party from claims based on negligence and breach of warranty. Heil, 784 P.2d at 785.

Even if the intent of the parties is unambiguously expressed in the contract, however, a release agreement may still violate public policy if it involves a service that the defendant is obligated to provide for the public or was entered into in an unfair manner. Jones, 623 P.2d at 376. Although we have not specified the precise circumstances in which a release agreement will be barred for affecting the public interest, we have noted that such agreements generally involve businesses suitable for public regulation; that are engaged in performing a public service of great importance, or even of practical necessity; that offer a service that is generally available to any members of the public who seek it; and that possess a decisive advantage of bargaining strength, enabling them to confront the public with a standardized adhesion contract of exculpation. See id. (quoting favorably from Tunkl v. Regents of the Univ. of Cal., 60 Cal.2d 92, 32 Cal. Rptr. 33, 383 P.2d 441, 444-46 (1963)).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Untitled Case
D. Colorado, 2026
Bruschi v. 24 Hour Fitness
Colorado Court of Appeals, 2026
Shive v. 24 Hour Fitness
2025 COA 87 (Colorado Court of Appeals, 2025)
King v. Home Depot, Inc.
D. Colorado, 2024
Mother Doe v. Wellbridge Club Management LLC
Colorado Court of Appeals, 2022
Sturm v. Weber
D. Colorado, 2022
v. Clear Creek Skiing Corporation
2020 COA 176 (Colorado Court of Appeals, 2021)
Patterson v. PowderMonarch, LLC
926 F.3d 633 (Tenth Circuit, 2019)
Brigance v. Vail Summit Resorts, Inc.
883 F.3d 1243 (Tenth Circuit, 2018)
McShane v. Stirling Ranch Property Owners Association, Inc
2017 CO 38 (Supreme Court of Colorado, 2017)
Broomfield Senior Living Owner, LLC v. R.G. Brinkmann Co
2017 COA 31 (Colorado Court of Appeals, 2017)
Raup v. Vail Summit Resorts, Inc.
233 F. Supp. 3d 934 (D. Colorado, 2017)
Stone v. Life Time Fitness, Inc.
411 P.3d 225 (Colorado Court of Appeals, 2016)

Cite This Page — Counsel Stack

Bluebook (online)
100 P.3d 465, 2004 WL 2496689, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chadwick-v-colt-ross-outfitters-inc-colo-2004.