§ 8.01-227.12.Warnings and other winter sports area operator requirements.
Chapter 3. Actions · Article 25. Winter Sports Safety Act · Last amended 2012 · Last verified July 16, 2026
In one sentenceSection 8.01-227.12 requires every winter sports area operator to print a statutory warning on tickets, passes, contracts, and signs, post trail-difficulty and freestyle-terrain signage at set locations, and meet a dozen other duties, from daily trail reports and a ski patrol to nighttime lighting and public access to the participant responsibility code.
A.Each winter sports area operator shall include the following warning on each ticket, season pass, and written contract for professional services, instruction, or the rental of equipment to a winter sports participant and on each sign required by this subsection:
"WARNING: Under Virginia law, a ski area operator or other winter sports area operator is not liable for an injury to or death of a winter sports participant in a winter sport conducted at this location, or for damage to property, if such injury, death, or damage results from the inherent risks of the winter sport or from the participant's own negligence. The inherent risks of a winter sport include, among others, risks associated with the land, equipment, other participants, and animals, as well as the potential for you or another participant to act in a negligent manner that may contribute to the injury, death, or damage. You are assuming the inherent risks of participating in a winter sport at this location. Complete copies of the applicable Virginia law and the participant responsibility code published by the National Ski Areas Association are available for review at each ticket sales office of this winter sports area and online at [insert website for winter sports area]."
Every ticket, season pass, and written contract for professional services, instruction, or the rental of equipment to a participant shall contain the warning required by this subsection in clearly readable print. Every sign required by this section shall contain the warning required by this subsection in black letters, with each letter to be a minimum of one inch in height. An operator also may print on a ticket; season pass; written contract for professional services, instruction, or rental of equipment to a participant; or any sign required by this section any additional warning it deems appropriate. The warning required by this section does not constitute a preinjury contractual release and nothing in this section alters the common law of Virginia with regard to preinjury contractual releases.
B.Each operator shall install and maintain a sign containing the warning set forth in subsection A (i) at each designated ticketing office, (ii) at each front desk at each building or facility at which guests check in, (iii) at or near each ticket sales office of the winter sports area, and (iv) at, near, or en route to the loading area of each passenger tramway.
C.Each operator shall install and maintain at or near the beginning of each designated trail a sign that contains the name of the trail and any of the applicable difficulty-level words and emblems contained in this subsection, as determined by the operator. Directional arrows may be included on any sign, but shall be included if the sign is located at such a distance or position relative to the beginning of a trail that it would not be understandable by a reasonably prudent participant without directional arrows. As applicable, the signs shall indicate: (i) "Easiest" and include a green circle emblem, (ii) "More Difficult" and include a blue square emblem, (iii) "Most Difficult" and include a black diamond emblem, (iv) "Expert" or "Extreme Terrain" and include a two black diamond emblem, (v) "Freestyle Terrain" and include an orange oval emblem, or (vi) "Closed" and include a border around a black figure in the shape of a skier inside with a band running diagonally across the sign.
D.Each operator shall install and maintain at, near, or en route to the loading area for each passenger tramway that does not service trails that are designated by the operator as "Easiest" a sign that includes the following warning:
"WARNING. This lift does not service any trails that are designated Easiest (green circle emblem). All of the trails serviced by this lift are designated [as applicable, More Difficult (blue square emblem), Most Difficult (black diamond emblem), Expert (two black diamond emblem), or Freestyle Terrain (orange oval emblem)]."
E.Each operator shall install and maintain at, near, or en route to the entrance to each trail containing freestyle terrain a sign that indicates the location of the freestyle terrain. Each sign shall be denoted by an orange oval emblem, a stop sign emblem, and the statements "Freestyle skills required" and "Helmets are recommended." Each sign also may include any other freestyle warning the operator deems appropriate.
F.Whenever trail grooming or snowmaking operations are being undertaken, or trail grooming equipment is being operated, on a trail that is at that time open to the public, the operator shall place or cause to be placed a sign to that effect at the top or beginning of the trail.
G.An operator may vary from the specific location requirements required by this section provided that the location is substantially the same as the location required by this section and that the sign is plainly visible to a reasonably prudent winter sports participant abiding by all of the participant's duties and responsibilities.
H.Each operator shall make available, by oral or written report or otherwise, information concerning the daily conditions of its trails.
I.Each operator that offers a winter sport at nighttime shall meet the lighting standards for that winter sport provided by Illuminating Engineering Society of North America RP-6-01, Sports and Recreational Area Lighting § 6.24, including any supplements thereto or revisions thereof.
J.Each operator shall, upon request, provide (i) a freestyler who holds a valid admission ticket to the winter sports area's freestyle terrain a reasonable opportunity to view the freestyle terrain and (ii) a competitor who has properly registered for the competition a reasonable opportunity to visually inspect the portion of the winter sports area designated by the operator for the competition.
K.Each operator shall provide a ski patrol and first-aid services.
L.Each operator shall make available on the winter sports area's website and at each ticket sales office of the winter sports area for review by any winter sports participant, upon request, a copy of the participant responsibility code posted and available at each winter sports area and a copy of this article.
Plain-English Summary
Subsections A and B require every ticket, season pass, and written contract for services, instruction, or equipment rental, along with required signage, to carry a statutory warning telling a participant that Virginia law shields operators from liability for injuries caused by the inherent risks of the sport or by the participant’s own negligence, and pointing to where the full law and the participant responsibility code can be reviewed. The warning must appear in clearly readable print on paper and in one-inch black lettering on signs; an operator may add further warnings of its own but cannot use them in place of the required language. The statute is explicit that this warning is not a preinjury contractual release and does not change Virginia common law on such releases. Signs carrying the warning must go up at ticketing offices, front desks, ticket sales locations, and tramway loading areas.
Subsections C through G cover more targeted signage: trail-difficulty markers (a green circle for easiest, a blue square for more difficult, a black diamond for most difficult, two black diamonds for expert or extreme terrain, an orange oval for freestyle terrain, or a bordered skier symbol for closed), with directional arrows added where needed; a specific warning at any tramway loading area that does not serve an “Easiest” trail; freestyle-terrain entrance signs combining an orange oval, a stop-sign emblem, and text on required skill and recommended helmet use; and notice whenever grooming or snowmaking equipment is running on a trail that is open to the public. An operator may relocate a sign from the specific spot the statute names as long as the new location is substantially the same and stays plainly visible.
Subsections H through L round out the operator’s duties: sharing daily trail-condition information, meeting a nighttime lighting standard for any winter sport offered after dark, giving freestylers and registered competitors a reasonable chance to inspect terrain on request, staffing a ski patrol and first-aid service, and making the participant responsibility code and a copy of the article itself available online and at each ticket sales office.
Frequently Asked Questions
What warning must appear on a Virginia ski lift ticket or season pass?
Statutory language stating that the operator is not liable for injury, death, or property damage caused by the inherent risks of the winter sport or by the participant’s own negligence, and directing the participant to the full law and the participant responsibility code.
Does the required warning on a lift ticket act as a liability waiver I am signing?
No. Section 8.01-227.12(A) states that the warning does not constitute a preinjury contractual release and does not alter Virginia common law regarding such releases.
What do the different trail-difficulty symbols mean under Virginia law?
A green circle marks the easiest trails, a blue square more difficult, a black diamond most difficult, two black diamonds expert or extreme terrain, an orange oval freestyle terrain, and a bordered skier symbol with a diagonal band marks a closed trail.
Is a Virginia ski area required to have a ski patrol?
Yes. Section 8.01-227.12(K) requires every operator to provide a ski patrol and first-aid services.
Can I get a copy of Virginia’s winter sports law or the participant responsibility code from the resort?
Yes. Operators must make both available on the winter sports area’s website and at each ticket sales office for review on request.
Amendment History
2012, c. 713.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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