Title 43, Chapter 43A, Section 1
( 43-43A-1)
As used in this chapter, the term: (1) "Base area lift" means a passenger tramway to gain access to
some other part of the ski area. (2) "Competitor" means a skier engaging in competition or
preparing for competition on a slope or trail designated by the
ski area or used by the skier for the purpose of competition or
training for competition. (3) "Conditions of ordinary visibility" means all periods of
daylight, and, when visibility is not restricted by weather or
other atmospheric conditions, nighttime. (4) "Inherent dangers and risks of skiing" means categories of
danger or risks of skiing, or conditions of the sport of skiing
that cause or can cause any injury, death, or property damage,
including: (A) Changing weather conditions; (B) Surface and subsurface snow or ice conditions as they may
exist or change from time to time, including variable conditions
such as hard packed powder, packed powder, wind-blown snow,
wind-packed snow, corn snow, crust slush, snow modified by skier
use, or cut up snow; surface or subsurface snow or ice
conditions as they exist or may change as the result of weather
changes or skier use; snow created by or resulting from snow
making or snow grooming operations; or collisions or falls
resulting from such conditions; (C) Surface or subsurface conditions other than those specified
in subparagraph (B) of this paragraph, including dirt, grass,
rocks, trees, stumps, other forms of forest or vegetative
growth, stream beds, or other natural objects or debris; or
collisions or falls resulting from such conditions; (D) Collisions with: lift towers; components of lift towers;
signs, posts, fences, mazes, or other enclosure devices;
hydrants, pipes, or any other portions of snow making or snow
delivery systems; snow grooming equipment or other over-snow
vehicles marked or lighted as required by this chapter; or
collisions with or falls resulting from any such structures or
any other manmade structures or their components; (E) Variations in surface, contour, or steepness of terrain,
including, but not limited to, moguls, ski jumps, roads,
depressions, water bars, and cat walks; other terrain changes or
modifications which occur naturally or result from slope design
or construction, snow making, snow grooming, maintenance
operations, or skier use; or collisions with or falls resulting
from such variations; and (F) Collisions with other skiers unless such collisions are
caused by the failure on the part of other skiers to conduct
themselves in accordance with the provisions of this chapter. (5) "Passenger" means a person who is lawfully being transported
by a passenger tramway. (6) "Passenger tramway" means any mechanical device used to
transport passengers uphill, but such term does not include
over-snow vehicles. (7) "Ski area" means all snow ski slopes or trails and other
places under the control of a ski area operator at a defined
business location within this state. (8) "Ski area operator" means an individual, partnership,
corporation, or other commercial entity who owns, manages, or
otherwise directs or has operational responsibility for any ski
area. (9) "Ski slopes or trails" means those areas open to the skiing
public and designated by the ski area operator to be used by a
skier. The designation may be generally set forth on trail maps
and further designated by signage posted to indicate to the skiing
public the intent that the areas be used by the skier for the
purpose of skiing. Nothing in this paragraph implies that ski
slopes or trails may not be restricted for use at the discretion
of the ski area operator. (10) "Skier" means any person who uses any part of a ski area for
the purpose of skiing, snowboard skiing, or sliding or moving on
any device other than a motorized device or any person except a
passenger who uses any of the facilities of the ski area,
including the ski slopes and trails. (11) "Surface lift" means any passenger tramway that allows the
skier's sliding equipment to stay in contact with the skier and
the snow during all of the uphill transportation. |