For winter sports, such as skiing, snowboarding, tubing etc., waivers are a critical aspect which are designed to protect resorts from legal liability in the event of accidents. However, they are not foolproof and do not always prevent lawsuits.
The current status of the law suggests that notice is required before a contractual agreement or waiver is signed. There is also a suggestion that if someone is expected to read an enormous amount of paperwork before participating it can be assumed that they would not have adequate time to fully review the waivers and understand what was being waived. There are other factors such as does the document bring your attention to what rights you are waiving away and what is the document labeled. Another factor is in what kind of environment was the waiver signed and was it explained by an employee of the establishment to the customer.
Thus, the length and format are relevant to consider when concluding the enforceability of the waiver.
However, some case law suggests that if a person signs a document that they know affects their legal rights, they are bound by that document.
If you have been injured and signed a waiver, please keep a copy of the waiver and document your injuries.
From everyone at JEWELL RADIMISIS JORGE LL.P, please stay safe and healthy!