## Facts

- Thomas Jackson Miller, a recreational skier, purchased and used a lift ticket at Mount Sunapee Resort in New Hampshire.
- The lift ticket was a large sticker with a peel-off backing that displayed a prominent warning (including a stop-sign symbol) stating that using the ticket would legally bind the skier to a liability release printed on the reverse side, and offering a full refund if the backing was left intact and the ticket returned.
- The reverse side contained a “LIABILITY RELEASE” stating that skiing is dangerous, that the skier assumed the risks of injury, and that the skier released Mount Sunapee from liability, including for negligence, arising from resort conditions or skiing.
- After a large snowfall, Miller collided with a snowmaking “snow-gun holder” described as an unmarked, unpadded steel post concealed by fresh snow.
- Miller alleged the resort negligently failed to mark, pad, warn of, or otherwise make the post visible, and argued New Hampshire ski-safety statutes imposed duties relevant to the hazard.
- In federal district court (diversity), the resort obtained summary judgment based on the lift-ticket release; Miller appealed.

## Issues

1. Whether Miller assented to the lift-ticket exculpatory release so that it formed an enforceable contract under New Hampshire law.
2. Whether the release was sufficiently conspicuous and clear—particularly as to releasing the resort from its own negligence—to bar Miller’s negligence claim.
3. Whether New Hampshire public policy or ski-safety statutes made the release unenforceable, including where the claim alleged breach of statutory safety duties.

## Decision

- The First Circuit affirmed summary judgment for the resort.
- Miller assented to the release by removing the peel-off backing and using the ticket after receiving clear notice and an opportunity to reject the terms for a full refund.
- The release was conspicuous and unambiguous, expressly covering the resort’s negligence and injuries resulting from resort conditions or skiing.
- No New Hampshire statute or public-policy rule barred enforcement of the release in the recreational skiing context on these facts.
- Because the claim was released, disputes about the hazard’s visibility or statutory compliance were not material to liability.

## Legal Principles

- Under New Hampshire law, an exculpatory agreement is enforceable in a recreational activity if a reasonable person would understand that use constitutes acceptance and the participant has reasonable notice of the terms.
- A negligence release must clearly communicate an intent to release the defendant from liability for its own negligence; explicit reference to “negligence” supports enforceability.
- Public-policy limits on exculpatory clauses generally require a specific statutory prohibition, involvement of an essential public service, or unconscionability; voluntary recreational skiing and a refund option weigh against those limits.
- When an enforceable release covers the conduct alleged, the released negligence claim fails as a matter of law and summary judgment is proper.

## Conclusion

The First Circuit held that the lift-ticket release—prominently disclosed and expressly covering the resort’s negligence—was enforceable under New Hampshire law and barred the skier’s negligence action for injuries from an unmarked snowmaking post concealed by snow.


Miller v. The Sunapee Difference, LLC, 918 F.3d 172 (1st Cir. 2019)