§20-16-1. Short Title

This article may be cited as the "Nonprofit Adventure and Recreational Activity Responsibility Act".

§20-16-2. Legislative Purpose

The Legislature finds that West Virginia is blessed by geography and natural features that make it ideal for a host of adventure and recreational activities attractive to nonprofit youth organizations interested in training and inspiring thousands of young people from other parts of the United States and throughout the world. The location by these organizations […]

§20-16-3. Definitions

In this article, unless a different meaning plainly is required: (1) "Adventure or recreational activity" means any program or activity sponsored by a nonprofit youth organization and conducted by the organization or its provider that involves inherent risks, including, but not limited to:

§20-16-4. Duties of a Nonprofit Youth Organization or Provider

Every nonprofit youth organization or provider shall: (1) Make reasonable and prudent efforts to determine the ability of a participant to safely engage in the adventure or recreational activity;

§20-16-5. Duties of Participants

It is recognized that the adventure and recreational activities described in this article are hazardous to participants, regardless of all feasible safety measures which can be taken. Each participant in an adventure or recreational activity expressly assumes the risk of and legal responsibility for any injury, loss or damage to person or property which results […]

§20-16-6. Liability of Nonprofit Youth Organization or Provider

(a) A nonprofit youth organization or provider shall be liable for injury, loss or damage caused by failure to follow the duties set forth in section four of this article where the violation of duty is causally related to the injury, loss or damage suffered. A nonprofit youth organization or provider shall not be liable […]

§20-16-7. Liability of Participants

Any participant shall be liable for injury, loss or damage resulting from violations of the duties set forth in section five of this article: Provided, That none of the provisions in this article shall modify or eliminate any other statutory or common law provisions which specifically relate to or concern liability of minors or the […]

§20-16-8. Applicability of Article

The provisions of this article are in addition to provisions of articles three-a, three-b, four and fifteen of this chapter, and are to be construed in pari materia.