(1)Statement of Purpose. The purpose of this section is to encourage the formation of recreation clubs and participation in recreation activities organized by recreation clubs by limiting the liability of members of recreation clubs.
(2)Definitions. As used in this section:
(a)"Club member" includes any member, officer, director, or volunteer of a recreation club that receives no wage for personal services rendered to the recreation club.
(b)"Participant" includes any person, whether novice, amateur, or professional, who engages in a recreation activity coordinated, facilitated, organized, promoted, or supported by a recreation club, whether or not the participant is a member of the recreation club.
(c)"Recreation activity" or "recreation activities" means the pursuit of personal enjo
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(1) Statement of Purpose. The purpose of this section is to encourage the formation of recreation clubs and participation in recreation activities organized by recreation clubs by limiting the liability of members of recreation clubs.
(2) Definitions. As used in this section:
(a) "Club member" includes any member, officer, director, or volunteer of a recreation club that receives no wage for personal services rendered to the recreation club.
(b) "Participant" includes any person, whether novice, amateur, or professional, who engages in a recreation activity coordinated, facilitated, organized, promoted, or supported by a recreation club, whether or not the participant is a member of the recreation club.
(c) "Recreation activity" or "recreation activities" means the pursuit of personal enjoyment or pleasure on or in land, air, or water when done without charge or fee payable to the recreation club or a club member, including but not limited to any of the following activities or any combination thereof: hunting, fishing, shooting, trapping, swimming, boating, rafting, tubing, camping, picnicking, hiking, pleasure driving, the flying of aircraft, bicycling, running, playing on playground equipment, nature study or observation, water skiing, animal riding, motorcycling, snowmobiling, operating recreational vehicles and off-highway vehicles, winter sports, viewing or enjoying historical, archaeological, scenic, geological or scientific sites, and traveling across or being upon the land, air, or water incidental to or ancillary to any of the recreational purposes described in this subsection. Membership dues in, and donations to, a recreation club shall not be considered a charge or fee for a recreation activity.
(d) "Recreation club" means an unincorporated association formed pursuant to chapter 27, title 30, Idaho Code, or a nonprofit corporation organized pursuant to chapter 30, title 30, Idaho Code, that has among its purposes the coordination, facilitation, organization, participation, promotion, or support of recreation activities.
(3) Limitation of Liability of Recreation Clubs. Except as provided in subsection (4), a recreation club and a club member shall not be liable for any injury to or the death of a participant engaged in a recreation activity, and no participant nor participant’s representative or survivor may maintain an action against or recover from a recreation club or a club member for any injury to or the death of a participant engaged in a recreation activity.
(4) Exceptions. The limitation of liability set forth in subsection (3) shall not apply in the following instances:
(a) With respect to a recreation club where the recreation club provides equipment to the participant and the provided equipment is the direct and proximate cause of the injury to or death of the participant;
(b) With respect to a club member where the club member provides equipment to the participant and the provided equipment is the direct and proximate cause of the injury to or death of the participant;
(c) With respect to a club member where the club member commits an act or omission that constitutes gross negligence or willful and wanton disregard for the safety of the participant and that act or omission is the direct and proximate cause of the injury or death;
(d) With respect to a club member where the club member intentionally injures the participant;
(e) With respect to a club member where the club member fails to exercise ordinary care in the club member’s own participation in the recreation activity and such failure is the direct and proximate cause of the injury to or the death of the participant. The mere fact that the club member coordinated, facilitated, organized, participated in, promoted, or supported the recreation activity shall not, in itself, be sufficient to constitute a failure to exercise ordinary care where there is no other basis for liability;
(f) Under the liability provisions as set forth in the products liability laws; or
(g) Under the liability provisions set forth in chapter 9, title 6; chapter 11, title 6; chapter 12, title 6; chapter 18, title 6; chapter 27, title 6; chapter 29, title 6; or chapter 33, title 6, Idaho Code.
(5) Limitation of Duties. A recreation club and a club member has no duty to eliminate, alter, control, or lessen the risks inherent with recreation activities. A recreation club and a club member owe no duty of care to make any recreation activity safe for a participant. A participant who takes part in a recreation activity assumes all risks inherent in that activity.
(6) Waiver of Negligence Claims. Any participant may, by express written consent, prospectively waive negligence claims against a recreation club and a club member. It is the policy of this state that such written liability waivers are enforceable to the same degree as similar waivers for other activities.