The proposed bill amends Chapter 16, Title 36 of the Idaho Code by adding a new section, 36-1605, which establishes a limitation of liability for recreation clubs and their members. The intent of this legislation is to promote the formation of recreation clubs and encourage participation in recreational activities by protecting club members from legal claims related to injuries or deaths that occur during these activities. The bill defines key terms such as "club member," "participant," and "recreation activity," and specifies that membership dues and donations to clubs do not constitute a fee for participation.
However, the bill outlines certain exceptions to this limitation of liability. These exceptions include instances where a recreation club or member provides equipment that directly causes injury, acts with gross negligence, intentionally injures a participant, or fails to exercise ordinary care. Additionally, the bill clarifies that recreation clubs and their members are not required to mitigate inherent risks associated with recreational activities, and participants assume these risks. The legislation also allows participants to waive negligence claims through written consent. The bill is set to take effect on July 1, 2025, due to an emergency declaration.