The National Park Service recently revised its policy to now allow concessioners and commercial lessees providing “high-risk recreation” services to require their guests to sign a waiver of liability. In addition, any entity operating under a Commercial Use Authorization can require such waiver regardless of the level of risk associated with the services it provides.
NPS defined “high-risk recreation services” as those that have a heightened risk of injury or death. While NPS will make a determination as to whether operations are high risk, NPS stated that “[e]xamples of commercial recreation services that the NPS may consider high risk include but are not limited to mountaineering, Nordic or alpine skiing, hiking, rafting, kayaking and canoeing, snowmobiling, off-road vehicle activities, indoor gyms and outdoor field sports and other outfitter and guide services.”