Yauger v. Skiing Enterprises, Inc.

Yauger (plaintiff) bought a season ski pass for his family from Hidden Valley (defendant) by filling out a five-paragraph form titled only 'Application'; the first paragraph waived liability for injuries from the 'inherent risks of skiing,' but the waiver wasn't set apart from the rest of the form and required no separate signature. Yauger's daughter was later killed skiing into an unpadded chair-lift tower base, and the family sued Hidden Valley for negligently failing to pad it. Hidden Valley won summary judgment based on the waiver, and the court of appeals affirmed, reasoning the phrase 'inherent risks of skiing' clearly covered hitting a fixed object.

Whether an exculpatory clause that fails to unambiguously inform the signer of the rights he is waiving, or to alert him to the nature and significance of what he is signing, is enforceable.