78B-4-802. Definitions.
As used in this part:
(1) "Inherent risks of winter sports" means the dangers or conditions that are an integral part of recreational, competitive, or professional participation in winter sports, including:
(a) changing weather conditions;
(b) snow or ice conditions as the snow or ice conditions exist or may change, including hard pack, powder, packed powder, wind pack, corn, crust, slush, cut-up snow, or machine-made snow;
(c) the inherent danger in engaging in high-risk activities such as winter sports by means of natural or man-made terrain, jumps, ice or snow tracks, or other structures;
(d) surface or subsurface conditions, including bare spots, forest growth, rocks, stumps, streambeds, cliffs, trees, or other natural objects;
(e) variations or steepness in terrain, whether natural or as a result of slope design, snowmaking or grooming operations, or other terrain modifications, including:
(i) terrain parks;
(ii) terrain features, including jumps, rails, or fun boxes; or
(iii) all other constructed and natural features, including half pipes, quarter pipes, or freestyle-bump terrain;
(f) impact with lift towers, tracks, other structures, or their components, including signs, posts, fences or enclosures, hydrants, or water pipes;
(g) collisions with other participants, structures, equipment, natural features, or other objects;
(h) equipment failure or malfunction, unless the failure or malfunction is due to gross negligence or a failure to reasonably maintain the equipment;
(i) participation in, or practicing or training for, competitions or special events; and
(j) the failure of an individual to participate within that individual's own abilities.
(2) "Injury" means any personal injury or property damage or loss.
(3) "Winter sports" means:
(a) skiing and snowboarding, including alpine, nordic cross country, nordic jumping, freestyle, freeride, and biathlon;
(b) ice sports, including ice skating, speedskating, figure skating, hockey, and curling; or
(c) sliding sports, including bobsled, luge, skeleton, and tubing.
(4) "Winter sports area" means an area or facility that:
(a) is primarily dedicated to performing winter sports;
(b) was constructed by the state or a state agency, and was financed primarily with state funds; and
(c) was constructed for the purpose of serving as a facility for use in everyday winter sports training and regular events including an Olympic and Paralympic Winter Games.
(5)
(a) "Winter sports area operator" means a person that operates a winter sports area.
(b) "Winter sports area operator" includes an agent, an officer, an employee, or a representative of the person that operates a winter sports area.
(6) "Winter sports participant" means an individual present in a winter sports area for the purpose of engaging in winter sports.
Enacted by Chapter 511, 2025 General Session
