Archive for the ‘Participant Agreement’ Category

Snowmobile Wins Again – Claims of Injured Ski Racer Survive Motion Based on Waiver and Assumption of Risk Statutes (CO)

October 29, 2015

Schlumbrecht-Muniz v. Steamboat Ski and Resort Corp. (Colorado)
(trial court disposition)

Plaintiff was a member of the Sarasota, Florida Ski Team.  She traveled to the Steamboat Springs Ski Resort in Colorado to participate in ski races.  After finishing her second race and exiting the race course, plaintiff skied down a trail and headed toward the ski lift.  She attempted to ski past the lift to a picnic area to meet up with other racers.  However, she collided with a snowmobile that was parked near the lift.  Plaintiff sued the ski resort alleging (1) common law negligence in parking the snowmobile in a dangerous, high-traffic area, and (2) negligence per se under the Colorado Ski Safety Act (“SSA”) by failing to mark and pad the snowmobile.

The defendant moved for summary judgment, arguing (1) that the exculpatory clause contained in the race participation agreement signed by the plaintiff prior to her participation barred the plaintiff’s claims, (2) the common law negligence claim was barred by the SSA (“no skier may make any claim against or recover from any ski area operator for injury resulting from any of the inherent dangers and risks of skiing”), and (3) the negligence per se claim failed because the SSA does not apply under the circumstances (i.e., with regard to a parked snowmobile).

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Tough Luck – Extreme Obstacle Course Registrants Forced Into Arbitration to Pursue Refunds; Class Action Barred (MA)

May 28, 2015

Pazol v. Tough Mudder Inc. (Massachusetts)

The plaintiffs registered and paid to participate in Tough Mudder’s Boston-area “Mudderella” obstacle course event, which was scheduled to take place in Haverhill, Massachusetts.  However, a few days before the event, Tough Mudder moved the location of the event to Westbrook, Maine.  Plaintiffs were unable to attend the event at the new location, and Tough Mudder refused to refund their registration fees.  Therefore, the plaintiff filed a class action lawsuit against Tough Mudder.

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