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This entry was published on 2014-09-22
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SECTION 18-106
Duties of skiers and ski area operators with respect to inherent risks
General Obligations (GOB) CHAPTER 24-A, ARTICLE 18
§ 18-106. Duties of skiers and ski area operators with respect to
inherent risks. It is recognized that skiing is a voluntary activity
that may be hazardous regardless of all feasible safety measures that
can be undertaken by ski area operators. Accordingly:

1. Ski area operators shall have the following additional duties:

a. To post at every point of sale or distribution of lift tickets,
whether on or off the premises of the ski area operator, a conspicuous
"Warning to Skiers" relative to the inherent risks of skiing in
accordance with regulations promulgated by the commissioner of labor
pursuant to subdivision four of section eight hundred sixty-seven of the
labor law, and to imprint upon all lift tickets sold or distributed,
such text and graphics as the commissioner of labor shall similarly
specify, which shall conspicuously direct the attention of all skiers to
the required "Warning to Skiers";

b. To post at every point of sale or distribution of lift tickets at a
ski area notice to skiers and passengers that this article prescribes
certain duties for skiers, passengers and ski area operators, and to
make copies of this article in its entirety available without charge
upon request to skiers and passengers in a central location at the ski
area;

c. To make available at reasonable fees, as required by subdivision
thirteen of section 18-103 of this article, instruction and education
for skiers relative to the risks inherent in the sport and the duties
prescribed for skiers by this article, and to conspicuously post notice
of the times and places of availability of such instruction and
education in locations where it is likely to be seen by skiers; and

d. To post notice to skiers of the right to a refund to the purchaser
in the form and amount paid in the initial sale of any lift ticket
returned to the ski area operator, intact and unused, upon declaration
by such purchaser that he or she is unprepared or unwilling to ski due
to the risks inherent in the sport or the duties imposed upon him or her
by this article.

2. Skiers shall have the following additional duties to enable them to
make informed decisions as to the advisability of their participation in
the sport:

a. To seek out, read, review and understand, in advance of skiing, a
"Warning to Skiers" as shall be defined pursuant to subdivision five of
section eight hundred sixty-seven of the labor law, which shall be
displayed and provided pursuant to paragraph a of subdivision one of
this section; and

b. To obtain such education in the sport of skiing as the individual
skier shall deem appropriate to his or her level of ability, including
the familiarization with skills and duties necessary to reduce the risk
of injury in such sport.