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.