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-83rd OREGON LEGISLATIVE ASSEMBLY--2026 Regular Session
-A-Engrossed
-Senate Bill 1517
-Ordered by the Senate February 19
-Including Senate Amendments dated February 19
-Printed pursuant to Senate Interim Rule 213.28 by order of the President of the Senate in conformance with pre-
-session filing rules, indicating neither advocacy nor opposition on the part of the President (at the request
-of Senate Interim Committee on Judiciary)
-SUMMARY
-The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject
-to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the
-measure. The statement includes a measure digest written in compliance with applicable readability standards.
-Digest: The Act says that an operator can make a person doing sports, fitness or recre-
-ation waive some claims for negligence. The Act says that some types of claims may not
-be waived. (Flesch Readability Score: 82.2).
-[Digest: The Act changes some laws about lawsuits that are about skiing. (Flesch Readability
-Score: 72.6).]
-[Modifies provisions relating to liability related to skiing. ]
-Provides that an operator may require a participant in a sport, fitness or recreational
-activity to release the operator for claims for ordinary negligence under certain circum-
-stances. Specifies certain types of claims that may not be waived.
-Declares an emergency, effective on passage.
-A BILL FOR AN ACT
-Relating to civil litigation; and declaring an emergency.
-Whereas Oregonians and the Oregon economy benefit tremendously from this state’s recreation
-and health and fitness industries; and
-Whereas Oregon’s recreation and health and fitness providers offer safe and enjoyable access
-to outdoor and indoor recreation and health and fitness opportunities throughout this state and
-contribute significantly to the mental and physical health and well-being of Oregonians and visitors
-to this state; and
-Whereas local communities rely on the commerce associated with the recreation and health and
-fitness industries to strengthen their economies, create jobs and enhance their quality of life; and
-Whereas Oregon’s tourism industry benefits greatly from the commerce associated with the re-
-creation and health and fitness industries; and
-Whereas Bagley v. Mt. Bachelor, Inc. , 356 Or. 543 (2014), determined that enforcement of certain
-releases would be unconscionable, see Becker v. Hoodoo Ski Bowl Devs., Inc. , 269 Or. App. 877, 883
-(2015); and
-Whereas the Bagley decision did not invalidate all releases, Bagley v. Mt. Bachelor, Inc. , 356
-Or. 543, 545 (2014); and
-Whereas waivers of liability are not unenforceable under Oregon law; now, therefore,
-Be It Enacted by the People of the State of Oregon:
-SECTION 1.
-(1) As used in this section:
-(a) “Operator” means a person that:
-(A) Offers a person the opportunity to participate in a sport, fitness or recreational ac-
-NOTE: Matter in boldfaced type in an amended section is new; matter [ italic and bracketed] is existing law to be omitted.
-New sections are in boldfaced type.
-LC 143
-A-Eng. SB 1517
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-tivity; or
-(B) Operates or provides a facility or place where a person can participate in a sport,
-fitness or recreational activity.
-(b) “Sport, fitness or recreational activity” means an indoor or outdoor activity involving
-elements of inherent risk, including but not limited to hunting, fishing, swimming, boating,
-rafting, biking, camping, skiing, snowboarding, winter sports, team and individual sports,
-climbing, equestrian and rodeo activities, hiking, outfitter guiding, ocean and water sports,
-motorized recreation, athletic or fitness competitions and fitness and training activities.
-(2) Except as provided in subsection (3) of this section, an operator may require a par-
-ticipant in a sport, fitness or recreational activity who is 18 years of age or older, or a parent
-or guardian on behalf of a participant in a sport, fitness or recreational activity who is under
-18 years of age, to release the operator from any claim for damages for injuries to the par-
-ticipant resulting from ordinary negligence and sustained while in the act of performing the
-sport, fitness or recreational activity if the participant or parent or guardian voluntarily
-signs a conspicuous written release disclosing the risks associated with the sport, fitness or
-recreational activity and waiving the operator’s liability for damages for injuries resulting
-from those risks. A release described in this subsection is not per se unconscionable or void
-as contrary to public policy.
-(3) An operator may not require a person to release the operator from the following types
-of claims:
-(a) Claims for greater than ordinary negligence, including gross negligence, reckless
-conduct, willful misconduct or intentional acts.
-(b) Claims for injuries not sustained during the act of performing the sport, fitness or
-recreational activity, including but not limited to injuries occurring in parking areas, lodges,
-rental facilities or other premises not directly part of the sport, fitness or recreational ac-
-tivity itself.
-(c) Claims relating to the design, use, manufacture, provision, maintenance or inspection
-of equipment, safety gear or apparatus used in connection with the sport, fitness or recre-
-ational activity.
-(d) Claims arising from the operator’s violation of any statute, administrative rule or
-industry safety standard applicable to the sport, fitness or recreational activity.
-(e) Claims relating to negligent hiring, training, credentialing or supervision of employ-
-ees, guides, instructors or independent contractors.
-(f) Claims relating to failure to warn of known hazards that are not inherent risks of the
-sport, fitness or recreational activity.
-(g) Claims relating to the operation, maintenance or use of any vehicle, including but not
-limited to automobiles, buses, vans, snowmobiles, snow cats, all-terrain vehicles, utility ter-
-rain vehicles, side-by-sides or any other motorized conveyance, including if the vehicle is
-used for transportation to or from the location where the sport, fitness or recreational ac-
-tivity takes place, unless the participant uses the vehicle as part of the sport, fitness or
-recreational activity itself.
-(4) A release that is broader than the release described in subsections (2) and (3) of this
-section shall be construed within the limits stated in subsections (2) and (3) of this section.
-SECTION 2.
-This 2026 Act being necessary for the immediate preservation of the public
-peace, health and safety, an emergency is declared to exist, and this 2026 Act takes effect
-[2]
-A-Eng. SB 1517
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-on its passage.
-[3]
+SB 1517-A14
+(LC 143)
+2/27/26 (MNJ/ps)
+Requested by Representative LEVY E
+PROPOSED AMENDMENTS TO
+A-ENGROSSED SENATE BILL 1517
+On page 1
+ of the printed A-engrossed bill, delete lines 20 through 22 and
+delete pages 2 and 3 and insert:
+“SECTION 1. (1) Except as provided in subsection (2) of this section,
+a release of liability voluntarily executed by a person 18 years of age
+or older, or by a parent or guardian on behalf of a person under 18
+years of age, before the person engages in a recreational activity, is
+enforceable as a matter of law and is not unconscionable or contrary
+to public policy.
+“(2) Subsection (1) of this section does not apply to releases of li-
+ability for willful or wanton acts or omissions, reckless acts or omis-
+sions or grossly negligent acts or omissions.
+“SECTION 2. This 2026 Act being necessary for the immediate
+preservation of the public peace, health and safety, an emergency is
+declared to exist, and this 2026 Act takes effect on its passage. ”.

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