AB495,9,76 10. Look uphill and yield to oncoming tubes before leaving the bottom of the
7hill at the end of a run.
AB495,9,148 (f) Signs required; trails and terrains. Each ski area operator shall designate
9the trails that are open for skiing in its ski area and shall determine the difficulty
10level of each trail. The ski area operator shall post and maintain a sign at or near
11the beginning of each trail. The sign shall contain the name of the trail and all of the
12applicable wording and emblems specified in this paragraph to describe the difficulty
13level of the trail or terrain. The sign shall be at least 4 square feet in size. Each sign
14shall contain one or more of the following designations that are applicable:
AB495,9,1515 1. The word "easier" with an emblem consisting of a green circle.
AB495,9,1716 2. The words "difficult" or "more difficult" with an emblem consisting of a blue
17square.
AB495,9,1818 3. The words "most difficult" with an emblem consisting of a black diamond.
AB495,9,2019 4. The word "expert" or "extreme" with an emblem consisting of 2 black
20diamonds.
AB495,9,2221 5. The words "freestyling area ahead" with an emblem consisting of an orange
22oval.
AB495,9,2423 6. The words "tree skiing — caution." The sign shall have an orange
24background or orange lettering with a black or white background and shall contain

1the additional statement: "This back country trail is not groomed or patrolled —
2Never ski here alone."
AB495,10,113 (g) Areas open to freestyling; signs and barricades required. A ski area operator
4shall designate an area as an area for freestyling if it contains one or more freestyle
5features. A ski area operator shall construct and maintain a barricade with fencing,
6roping, or similar means at the entrance to such an area. The opening in the
7barricade may not be wider than 30 feet. The ski area operator shall post and
8maintain a sign at or near the entrance of the area that is at least 3 square feet in
9size and that shows the boundaries of the area open to freestyling. The sign shall
10contain emblems consisting of a stop sign and orange oval. The sign shall contain
11all of the following:
AB495,10,1212 1. The words "freestyling skills required."
AB495,10,1313 2. The words "helmets are recommended" or "consider wearing a helmet."
AB495,10,1814 (h) Lifts; signs required. For each lift that is used by individuals engaged in
15skiing and that does not serve any trail that is described under par. (f) as "easier,"
16the ski operator shall post and maintain, at or near the loading area for the lift a sign
17that is at least 10 square feet in size near or at the entrance of the loading area. The
18sign shall contain the following warning:
AB495,10,23 19"WARNING: This lift does not serve any trails that are "easier" (marked with
20a green circle emblem). All of the trails served by this lift are "difficult" or "more
21difficult" (marked with a blue square emblem), "most difficult" (marked with a black
22diamond emblem), "expert" or "extreme terrain" (marked with an emblem consisting
23of 2 black diamonds), or "freestyling terrain ahead" (marked with an orange oval)."
AB495,11,224 (i) Variation of signs. 1. In lieu of posting and maintaining each of the separate
25signs required under par. (b) and par. (d) or (e), a ski area operator may post and

1maintain a single sign that is at least 12 square feet in size and that contains all of
2the required warnings.
AB495,11,63 2. A ski area operator may vary from the specific wording, size, and location
4requirements for signs specified under this subsection, but any variation may not
5preclude a reasonably prudent participant in a snow sport from finding or
6understanding the contents of the sign.
AB495,11,13 7(4) Duties of ski area owners; other duties. (a) Maps. Each ski area operator
8shall post and maintain a map of the trails and terrains in the ski area that are
9designated for any snow sport at all of the sites where tickets to the ski area are sold
10if the ski area has more than 3 trails. The map shall contain the names of each trail
11or terrain and a description of the level of difficulty for each trail as determined by
12the ski area operator under sub. (3) (f). The sign shall be at least 32 square feet in
13size.
AB495,11,1614 (b) Ski area vehicles. Each ski area operator shall ensure that each ski area
15vehicle that is present on a trail during the hours in which a lift is being operated
16shall display all of the following:
AB495,11,1817 1. A flashing light on or near the top of the ski area vehicle whenever the ski
18area vehicle's engine is on.
AB495,11,2219 2. If the ski area vehicle is an all-terrain vehicle, a snowmobile, or a similarly
20sized motorized vehicle, in addition to the flashing light as specified in subd. 1., a red
21or orange flag that is at least 40 square inches in size and that is mounted at least
225 feet from the bottom of the tracks or tires.
AB495,12,223 (c) Lift inspections. Annually, a ski area operator shall have all of the lifts
24located in its ski area inspected by a qualified lift inspector to determine whether the

1lift is in compliance with the rules promulgated by the department of safety and
2professional services.
AB495,12,43 (d) Lift inspectors. In order to be a qualified lift inspector for purposes of par.
4(c), an individual shall be either or both of the following:
AB495,12,65 1. An individual authorized by the department of safety and professional
6services to make inspections of lifts pursuant to ch. 101.
AB495,12,87 2. An individual who has knowledge of the requirements of the rules specified
8in par. (c) and of the design and operation of lifts and who has one of the following:
AB495,12,99 a. A degree of engineering from a recognized university.
AB495,12,1110 b. Experience as an inspector of lifts for an insurance company that has
11provided liability insurance coverage to any ski area.
AB495,12,14 12(5) Duties of individuals engaged in snow sports. (a) Safety rules; skiing and
13sledding.
Each individual engaged in skiing or sledding at a ski area has a duty to
14do all the following:
AB495,12,1515 1. Obey all posted warnings and signs.
AB495,12,1616 2. Keep off of closed trails and out of closed areas.
AB495,12,1817 3. Know the range of his or her ability and engage in skiing or sledding within
18that ability.
AB495,12,2019 4. Assess the difficulty of the trails and terrains that are open to skiing or
20sledding.
AB495,12,2121 5. Maintain control of his or her speed and direction.
AB495,12,2322 6. Comply with any posted limits that are imposed on the number of passengers
23or on the amount of weight of the sled or other sledding device while it is being ridden.
AB495,12,2424 7. Be able to stop or avoid other individuals or objects.
AB495,13,2
18. Yield to other individuals engaged in skiing or sledding who are ahead or who
2are down the slope.
AB495,13,43 9. Not stop at a point that will result in the individual obstructing a trail or not
4being visible from above.
AB495,13,65 10. Yield to other individuals engaged in skiing or sledding who are uphill when
6starting downhill or merging onto a trail.
AB495,13,87 11. Be able to safely board, ride, and deboard any lift serving an area open to
8skiing or sledding.
AB495,13,99 12. Board and deboard a lift only at designated sites.
AB495,13,1110 (b) Safety rules; tubing. Each individual engaged in tubing at a ski area has
11a duty to do all of the following:
AB495,13,1212 1. Obey all posted signs and warnings.
AB495,13,1313 2. Keep out of closed areas.
AB495,13,1414 3. Know the range of his or her ability and engage in tubing within that ability.
AB495,13,1515 4. Assess the difficulty of terrain that is open to tubing.
AB495,13,1616 5. Maintain control of his or her speed and direction.
AB495,13,1817 6. Comply with any posted limits that are imposed on the number of passengers
18or on the amount of weight of the tube or other tubing device while it is being ridden.
AB495,13,1919 7. Be able to safely board, ride, and deboard a lift serving an area open to tubing.
AB495,13,2020 8. Board and deboard a lift only at designated sites.
AB495,13,2221 9. Yield to other individuals engaged in tubing who are ahead or who are down
22the slope.
AB495,13,2423 10. Look uphill and yield to oncoming tubes before leaving the bottom of the
24hill at the end of a run.
AB495, s. 6 25Section 6. 895.525 (2) of the statutes is amended to read:
AB495,14,13
1895.525 (2) Definition. In this section, "recreational activity" means any
2activity undertaken for the purpose of exercise, relaxation or pleasure, including
3practice or instruction in any such activity. "Recreational activity" does not include
4participating in a snow sport at a ski area, as those terms are defined in s. 167.33,
5but
includes hunting, fishing, trapping, camping, bowling, billiards, picnicking,
6exploring caves, nature study, dancing, bicycling, horseback riding,
7horseshoe-pitching, bird-watching, motorcycling, operating an all-terrain vehicle,
8ballooning, curling, throwing darts, hang gliding, hiking, tobogganing, sledding,
9sleigh riding, snowmobiling, skiing, skating, participation in water sports, weight
10and fitness training, sight-seeing, rock-climbing, cutting or removing wood,
11climbing observation towers, animal training, harvesting the products of nature,
12sport shooting, and participating in a snow sport outside a ski area, as those terms
13are defined in s. 167.33,
and any other sport, game or educational activity.
AB495, s. 7 14Section 7. 895.526 of the statutes is created to read:
AB495,14,17 15895.526 Participation in a snow sport; restrictions on civil liability,
16assumption of risk.
(1) Definitions. All definitions in s. 167.33 apply to this
17section unless the context otherwise requires.
AB495,14,20 18(2) Appreciation of conditions and risk of participation in a snow sport. (a)
19Every participant in a snow sport at a ski area accepts the conditions and risks of the
20snow sport as set forth in s. 167.33 (2).
AB495,14,2221 (b) Every participant in a snow sport at a ski area is presumed to have seen and
22understood signage provided by the ski area operator pursuant to s. 167.33 (3).
AB495,15,223 (c) Every participant in a snow sport at a ski area accepts that failure to wear
24a helmet or wearing a helmet that is improperly sized, fitted, or secured increases
25the risk of injury or death or the risk of a more severe injury. Every participant in

1a snow sport at a ski area accepts that a helmet may not be available for purchase
2or for rent at a ski area.
AB495,15,73 (d) Every participant in a snow sport at a ski area accepts that natural or
4man-made items or obstacles within a ski area, including ski area infrastructure
5and ski area vehicles, may be unpadded or not heavily padded and accepts that there
6may be a higher risk of injury or death or of a more severe injury associated with a
7collision with an item or obstacle that is unpadded or not heavily padded.
AB495,15,9 8(3) Responsibilities of a participant in a snow sport. Every participant in a
9snow sport is responsible to do all of the following:
AB495,15,1010 (a) Fulfill his or her duties set forth in s. 167.33 (5).
AB495,15,1411 (b) Choose whether to wear a helmet while participating in the snow sport. If
12the participant chooses to wear a helmet, he or she has the responsibility to ensure
13the helmet is of the correct size and fit and to ensure that it is properly secured while
14he or she participates in the snow sport.
AB495,15,20 15(4) Limits on liability for a ski area operator; release and liability of a
16participant.
(a) A ski operator who fulfills all of his or her duties under s. 167.33 (3)
17and (4) owes no further duty of care to a participant in a snow sport and is not liable
18for an injury or death that occurs as a result of any condition or risk accepted by the
19participant under sub. (2). Whether a particular circumstance constitutes a
20condition or risk of participating in a snow sport is a question of law.
AB495,15,2321 (b) A participant involved in a collision with any other participant or with a
22nonparticipant may be liable for an injury or death that occurs as a result of the
23collision.
AB495,16,224 (c) An exculpatory release of liability is enforceable against an adult
25participant who signs the release and against a minor participant on whose behalf

1a release has been signed by the minor participant's parent, legal guardian, or other
2person authorized by the parent or legal guardian to sign the release.
AB495,16,33 (d) This subsection shall be construed broadly.
AB495,16,5 4(5) Effect on related provision. Nothing in this section affects the limitation
5of a property owner's liability under s. 895.52.
AB495,16,66 (End)
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