You amateur lawyers with your blanket statements about waivers.
Kid; that waiver has a pretty good chance of holding up if SunPeaks:
- made you sign it
- specifically states in their waiver that part of the risk of riding their lifts is that the bike falls off the lift because it wasn't loaded on properly
If that waiver holds up then legally, Sunpeaks doesn't have to give you squat. My guess is that Sunpeaks uses the standard ski hill/bike park waiver. If they do, then that waiver is not strong enough for them to get out of compensating you.
However, operators like Sunpeaks often do a little more than what they're legally required to do. My guess is that Sunpeaks will give you back a bike at your full replacement cost if you ask loudly and nicely enough.
It is very simplistic to say that waivers don't work. Badly drafted waivers don't work. Well-drafted waivers work.