§ 18-106 — Duties of skiers and ski area operators with respect to inherent risks

§ 18-106. Duties of skiers and ski area operators with respect to\ninherent risks. It is recognized that skiing is a voluntary activity\nthat may be hazardous regardless of all feasible safety measures that\ncan be undertaken by ski area operators. Accordingly:\n 1. Ski area operators shall have the following additional duties:\n a. To post at every point of sale or distribution of lift tickets,\nwhether on or off the premises of the ski area operator, a conspicuous\n"Warning to Skiers" relative to the inherent risks of skiing in\naccordance with regulations promulgated by the commissioner of labor\npursuant to subdivision four of section eight hundred sixty-seven of the\nlabor law, and to imprint upon all lift tickets sold or distributed,\nsuch text and graphics as the commissioner of labor shall similarly\nspecify, which shall conspicuously direct the attention of all skiers to\nthe required "Warning to Skiers";\n b. To post at every point of sale or distribution of lift tickets at a\nski area notice to skiers and passengers that this article prescribes\ncertain duties for skiers, passengers and ski area operators, and to\nmake copies of this article in its entirety available without charge\nupon request to skiers and passengers in a central location at the ski\narea;\n c. To make available at reasonable fees, as required by subdivision\nthirteen of section 18-103 of this article, instruction and education\nfor skiers relative to the risks inherent in the sport and the duties\nprescribed for skiers by this article, and to conspicuously post notice\nof the times and places of availability of such instruction and\neducation in locations where it is likely to be seen by skiers; and\n d. To post notice to skiers of the right to a refund to the purchaser\nin the form and amount paid in the initial sale of any lift ticket\nreturned to the ski area operator, intact and unused, upon declaration\nby such purchaser that he or she is unprepared or unwilling to ski due\nto the risks inherent in the sport or the duties imposed upon him or her\nby this article.\n 2. Skiers shall have the following additional duties to enable them to\nmake informed decisions as to the advisability of their participation in\nthe sport:\n a. To seek out, read, review and understand, in advance of skiing, a\n"Warning to Skiers" as shall be defined pursuant to subdivision five of\nsection eight hundred sixty-seven of the labor law, which shall be\ndisplayed and provided pursuant to paragraph a of subdivision one of\nthis section; and\n b. To obtain such education in the sport of skiing as the individual\nskier shall deem appropriate to his or her level of ability, including\nthe familiarization with skills and duties necessary to reduce the risk\nof injury in such sport.\n