"Zipping" Liability In The Bud: Zip-Line Waiver Withstands Court's Scrutiny

The British Columbia Court of Appeal recently upheld a lower court decision that two customers who signed waivers before embarking on a Zip-Trekking outing were prevented from suing Cougar Mountain Adventures Ltd. for serious personal injuries. Evidence suggested that "miscommunication between the guides was the sole cause of the accident."

Cougar Mountain Adventure operates a Zipline and a promotional website that describes the activities' infrastructure noting that a waiver has to be signed by participants. To take part in the Zip Trek activity the Plaintiffs were both required to sign the one page waiver that stated partly in capital letters, "by signing this document you will waive certain legal rights, including the right to sue or claim compensation following an accident." The Plaintiffs "filled in the required information and signed at both the top and bottom of the form." The release included an assumption of risks, a release of liability, waiver of claims