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Bagley v. Mt. Bachelor, Inc.

Summarized by: 

Date Filed: 09-05-2013
Case #: A148231
Sercombe, J. for the Court; Ortega, P.J.; and Hadlock, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/docs/A148231.pdf

Contract Law: An individuals right to disaffirm a voidable contract is destroyed upon ratification.

Bagley appealed the trial court's grant of summary judgment. Two weeks prior to turning 18 Bagley purchased a season pass to Mt. Bachelor. Bagley had purchased season passes to Mt. Bachelor for three years and was a skilled and experienced snowboarder. Mt. Bachelor required purchasers to sign a release agreement. Because Bagley was not 18 at the time of his purchase a parent was also required to sign the agreement. Bagley and his father signed the agreement, which released Mt. Bachelor from liability, including a cause of action for negligence. Bagley began using the season pass riding Mt. Bachelor's lifts at least 119 times over 26 days. Signage at Mt. Bachelor also indicated that riding the lifts constitutes acceptance of the release agreement and its terms. While snowboarding at Mt. Bachelor Bagley fell and became paralyzed. Bagley argued that the release agreement was not valid because he disaffirmed it upon reporting his injury, that it was against public policy, and that it was unconscionable. The lower court disagreed. The Court of appeals held that because Bagley, after turning 18, had rode the lifts a number of times and was aware of the signage he had manifested an intent to let the contract stand thereby ratifying the agreement. Additionally, the Court found that the terms of the agreement were not against public policy and were not unconscionable. Affirmed.