Release validity was based on whether brother had authorized brother to sign electronic release for him.

The issue revolved around the authority of one brother to sign the electronic release on behalf of the other brother.

Marken v. Wachusett Mountain Ski Area, Inc., 21-P-667 (Mass. App. May 02, 2022)

State: Massachusetts; Appeals Court of Massachusetts

Plaintiff: Charles Marken

Defendant: Wachusett Mountain Ski Area, Inc.

Plaintiff Claims: Negligence

Defendant Defenses: Release

Holding: Ski Area Defendant

Year: 2022

Summary

One brother signed the release for himself and his other brother when renting ski equipment at the resort. The non-signing brother was injured and sued. The release was upheld because the non-injured brother stated during his deposition that he had the authority to sign for his brother.

Facts

On January 7, 2017, the plaintiff, a beginner skier, met his brother, Anthony Marken, at Wachusett Mountain for a day of skiing. When Charles arrived, Anthony was at the rental shop. Anthony had already rented ski equipment for both of them by the time Charles arrived.

In order to rent equipment, a renter must agree to the terms of a rental agreement using a digital kiosk system. After reviewing the rental agreement, which contains a release from “any legal liability,” renters must click “I agree” on the screen. The renter then enters personal information including height, weight, age, boot size, and skier type. The system uses this information to calculate the appropriate ski binding release setting. Once the rental agreement is signed, the system prints a sticker with the renter’s information, including the binding release setting. The ski technician uses the information on the sticker to select ski boots that are fitted to match the renter’s boot size and binding release setting. Charles and Anthony obtained their equipment consistent with the foregoing process, and began to ski. Charles, an admitted beginner, fell twice while skiing prior to the injury at issue; on both occasions, his bindings released properly. At some point, Charles decided to ski a black diamond trail which is for expert skiers. During that run, Charles tried to slow down. He fell, sustained serious injuries to his left leg, and was transported to a hospital. Thereafter, the defendants tested the equipment that Charles had used. The equipment passed inspection and testing, and was returned to the rental inventory.

Analysis: making sense of the law based on these facts.

Releases in Massachusetts are supported and normally upheld.

Generally, we will enforce a release disposing of all claims and demands arising out of any transactions between parties. Indeed, “Massachusetts law favors the enforcement of releases. This is true even where, as here, the party signing the release either does not read it or does not understand it.

Since the non-suing brother signed the release for the brother who was injured, the issue became one of authority. Did the brother that got injured authorize his brother to sign the release for him.

The non-injured brother said unequivocally yes his brother gave him the authority to sign. The injured brother argued on appeal he had not given his brother the authority to sign the release.

Charles does not challenge the validity or enforceability of the release itself. Instead, he claims that the release is unenforceable because he did not sign it, and did not authorize Anthony to sign it on his behalf. However, this claim is belied by Charles’s sworn deposition testimony. Charles was asked, “Had you authorized your brother to [complete the rental agreement] for you?” He answered, “Yes.” He did not equivocate and did not amend his deposition answers. Charles cannot now create an issue of material fact by claiming that he did not authorize Anthony to sign the release on his behalf.

Since the non-injured brother was so firm with his answer, that testimony was accepted by the courts and the release was valid.

So Now What?

This is a tough situation that resorts, outfitters, and rental programs face every day. More so with releases being signed online. Who is signing the release.

Your options for solving this problem are multiple, however none of them lend themselves to great customer service.

You can have each person complete their information and sign the release for themselves and only themselves.

You could have the person signing on the computer state they have the legal authority to sign for the other people listed on the release at that point.

To verify who is signing the release, you need to make sure you know who is signing the release. The secure way of doing this is to have the person fill out their credit card information first and then agree to the release. Their contract with the credit card company states that since it is their credit card they are the ones that are using it.

Either way, it is a mess. However, for your releases to be valid, you need to know who has signed the release when they enter your establishment and those who have not signed, complete the information and sign the release.

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