Forum selection on a ski lift ticket is upheld

The plaintiff, a Connecticut resident, filed an action against Killington, a Vermont corporation, and Ostlund, a New Jersey resident. Ostlund was riding a snow board at full speed, despite a “SLOW” sign posted in the area, and struck the plaintiff from behind while he was waiting to get on the lift. Killington moved to transfer venue to the District of Vermont. The court found that the forum selection clause printed on the lift ticket designating Vermont state or federal court as venue did not render the forum selection clause unenforceable even though it was non-negotiated. The court found that there was no evidence that the forum selection clause resulted from fraud, violated public policy or resulted in litigation that would be considered unreasonable. The court granted the motion in favor of the transfer of venue.

_{Case Law Alerts, 3rd Quarter, July 2015}

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