The safety of your guests and the protection of your business go hand in hand. Digital waivers play a crucial role in managing liability and ensuring that participants understand the risks involved in activities like skiing, zip-lining, or white-water rafting.
However, as a recent court case involving a ski injury at Wachusett Mountain demonstrates, the effectiveness of these waivers can hinge on the details.
Case Summary: A Brother’s Signature and a Serious Injury
In January 2017, Charles Marken, a beginner skier, met his brother Anthony at Wachusett Mountain for a day of skiing.
By the time Charles arrived, Anthony had already rented ski equipment for both of them using a digital kiosk system. The rental agreement, which included a release from any legal liability, required the renter to click “I agree” after entering personal information like height, weight, and skier type. Once the agreement was signed, the system printed a sticker with the necessary information for the ski technician to select the appropriate equipment.
Charles, a novice skier, fell twice before deciding to ski a black diamond trail, which is intended for expert skiers. During this run, he attempted to slow down but fell and sustained serious injuries to his left leg. Despite the equipment passing post-accident inspection and testing, Charles sued the resort, arguing that the release was unenforceable because he had not signed it himself—his brother had.
The crux of the case was whether Charles had authorized his brother to sign the release on his behalf. Although Charles later claimed that he had not given his brother this authority, his deposition testimony revealed otherwise. When asked directly, Charles admitted that he had authorized Anthony to complete the rental agreement for him. As a result, the court upheld the release, and the resort was not held liable for Charles’s injuries.
Key Takeaways for Adventure Tourism Operators
This case highlights the importance of ensuring that your digital waiver process is airtight. Here are some critical learnings to protect your business:
- Ensure Clear Authorization: One of the main issues in this case was whether the injured party had authorized someone else to sign the waiver on their behalf. Your guests should be signing waivers for themselves, or only acting on behalf of someone with their legal authority explicitly stated. This could be done through an additional confirmation step in the digital process. Wherewolf’s optional Two-Step Waiver process gives you onsite verification that your customers are signing their own waivers.
- Use Personal Identifiers: Incorporating personal identifiers like IDs during the waiver signing process can help verify that the person signing the waiver is indeed the participant or has the authority to sign on their behalf. This adds a layer of security and helps prevent future disputes about the validity of the waiver.
- Educate Your Staff: Train your staff to recognize and address situations where one person is signing for another. They should be aware of the legal implications and ensure that all participants understand the importance of signing the waiver themselves, or the consequences of allowing someone else to sign on their behalf.
- Regularly Review and Update Waiver Processes: As technology and legal standards evolve, so should your waiver processes. Regularly review your digital waiver system to ensure it complies with the latest legal requirements and best practices. This can help you avoid liability issues and provide better protection for your business.
- Transparency and Communication: Make sure your customers understand the purpose and importance of the waiver they are signing. Clear communication can prevent misunderstandings and reinforce the enforceability of the waiver.
The Wachusett Mountain case serves as a reminder that while digital waivers are a powerful tool for managing liability, they must be executed correctly to be effective. By taking steps to ensure clear authorization, using personal identifiers, and regularly updating your processes, you can better protect your business and provide a safer experience for your guests. In the end, a well-managed waiver process not only safeguards your business but also builds trust with your customers, knowing that their safety is your top priority. Wherewolf Digital Waivers are purpose-built to support adventure tourism operators like you.