(1) The Legislature finds that:

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Terms Used In Utah Code 78B-4-401

  • Ski area: means any area designated by a ski area operator to be used for skiing, nordic, freestyle or other type of ski jumping, or snowboarding. See Utah Code 78B-4-402
  • Skier: means an individual present in a ski area for the purpose of engaging in the sport of skiing, nordic, freestyle, or other types of ski jumping, or using skis, a sled, a tube, a snowboard, or any other device. See Utah Code 78B-4-402
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
     (1)(a) the sport of skiing is practiced by a large number of residents of Utah and attracts a large number of nonresidents, significantly contributing to the economy of this state;
     (1)(b) few insurance carriers are willing to provide liability insurance protection to ski area operators; and
     (1)(c) the premiums charged by insurance carriers have risen sharply in recent years due to confusion as to whether a skier assumes the risks inherent in the sport of skiing.
(2) It is the purpose of this act:

     (2)(a) to clarify the law in relation to skiing injuries and the risks inherent in the sport of skiing;
     (2)(b) to establish as a matter of law that certain risks are inherent in the sport of skiing; and
     (2)(c) to provide that, as a matter of public policy, an individual engaged in the sport of skiing may not recover from a ski operator for injuries resulting from the risks that are inherent in the sport of skiing.