Prince v. City of Apache Junction
In Prince v. City of Apache Junction, 185 Ariz. 43, 912 P.2d 47 (App. 1996), the plaintiff was a member of a trucking company softball team.
"The participation of plaintiff's team and its members, including plaintiff, on the accident date depended on the team's required payment of a $ 250 entry fee to the city." 185 Ariz. at 46, 912 P.2d at 50.
The trucking company that sponsored the plaintiff's team had "made that payment with the 'understanding that this entry fee was a requirement of entering a team into the league and to use the league facilities.'" Id. Payment of the entry fee in Prince not only "entitled plaintiff's team to reserved, 'priority use' of the softball field at the time of plaintiff's accident" but also helped cover the costs of field preparation, maintenance, and lighting. Id.
On those facts, we concluded "the permission granted to plaintiff 'to enter upon' the softball field to 'exercise . . . or engage in similar pursuits' was not 'without the payment of an admission fee or other consideration,' 33-1551(B)(3), and the trial court's implicit 'conclusion of "no charge" was in error.'" 185 Ariz. at 46, 912 P.2d at 50.