Terms of Sale

TERMS OF SALE

Definitions

As used in this Agreement, whether in the singular or plural:

"Agreement" means these Terms of Sale.

"Resort" means each ski area, resort, facility, and operation accessed with a Resort Product.

"Resort Product" means any single or multi-day pass product used to access a Resort, and any ski and ride school lesson product, equipment rental product, or any other activity or experience product offered by a Resort.

"Customer" means the individual who accepts this Agreement in connection with the purchase of a Resort Product.

Whenever "we", "us", or "our" are used in this Agreement, it is in reference to the Resort, and whenever "you" or "your" is used in this Agreement, it is in reference to Customer.

WAIVER AND RELEASE OF LIABILITY

Some Resort Products may require Customer and/or the end user of the Resort Product to accept and agree to a waiver and release of liability, which may include a Release of Liability, Waiver of Claims, Warning, Assumption of Risk, Indemnity, and Consent to Medical Treatment/Transport Agreement, as a condition of the purchase and use of the Resort Product. Failure to accept and agree to the Resort's waiver and release of liability may prevent you from completing your purchase or may result in the cancellation and refund of any purchased Resort Products.

LIMITATION OF LIABILITY

You understand, accept and agree that to the maximum extent permitted under applicable law, Resort, Alterra Mountain Company and its subsidiaries, landlords and affiliates (individually and collectively referred to in this section as the "Released Parties") shall not be liable under any theory of liability (whether in contract, tort, statutory, or otherwise) for any direct, indirect, consequential, personal injury/wrongful death, punitive, exemplary damages (even if such parties were advised of, knew of or should have known of the possibility of such damages), including without limitation as a result of: (a) Released Parties' actual or alleged negligence, including negligence arising or resulting from Released Parties' failure to act; (b) suspension of Resort operations, whether in whole or in part; (c) limited or restricted operation of the Resort, including without limitation the operation of reservation systems or reduced capacity restrictions; (d) your use of the Resort Product, including your use of the Resort Product to participate in summer and snowsports activities, or (e) any violation by the Released Parties of this Agreement or Primary Terms (defined below). Notwithstanding the foregoing, such liability will not, in the aggregate, exceed the greater of the amount paid for your Resort Product or $100.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations and disclaimers in this Agreement may not apply to you. To the extent Released Parties may not, as a matter of applicable law, limit Released Parties liability, then Released Parties liability will be the minimum permitted under such applicable law. Released Parties disclaim any warranties to the maximum extent permitted under applicable law.

CUSTOMER CONDUCT

Customer agrees to inform the end user of the Resort Product of this Agreement, if different from the purchaser. All end users of the Resort Product are required to understand, accept and agree to the terms of this Agreement as a condition of using the Resort Product.

Resort Products may be confiscated, suspended, cancelled or revoked by Resort if, in the sole discretion of the Resort or Alterra Mountain Company, Customer (a) acts in a manner that endangers or may endanger the safety of the Customer or another person, (b) engages in misconduct or abuses Resort staff or other individuals, or (c) violates the law, the Community Guidelines & Expectations, or Resort policy. Customer is required while onsite at the Resort to display the Resort Product purchased upon the request of Resort staff.

Customer is prohibited from offering, organizing or providing any ski/snowboard lessons, guided tours or other commercial activities at the Resort for compensation without the Resort's prior express authorization.

ACCESS / BLACKOUT DATES

Resort Products do not guarantee Customer access to the Resort on any particular day.

Use of a Resort Product is subject to the Resort being open and having the capacity and ability to allow Customer access to the Resort. A Customer's use of the Resort Product may be restricted or denied as a result of events or occurrences that limit or prohibit the Resort from its operation, in whole or in part, including but not limited to, capacity constraints, weather, weather-related events, travel advisories, road closures, public health advisories, government orders, mechanical issues with equipment, employee disputes or labor strikes, or any other event or occurrence that limits or prohibits the Resort from its full or partial operations. Resort reserves the right to limit access to lifts and/or terrain at its sole discretion and at any time during the season without notice, including limiting access to lifts and/or terrain for exclusive use by those Customers of a particular Resort Product.

Some Resort Products may be subject to blackout dates. Please refer to Resort's website for more information.

The Resort and Alterra Mountain Company are not liable to Customer for any failure or impairment that may prevent a Customer's ability to access the Resort or use or redeem their Resort Product in full.

Closed terrain is not accessible to skiers or riders. Please respect closed terrain as it is closed for skier/rider safety and the safety of our employees. Failure to follow the mountain safety codes/policies of the Resort or the instruction of Resort ski patrol or staff may result in Customer's partial or complete loss, forfeiture, or suspension of their Resort Product at all or some of the Resort.

The Resort has limited parking available. The Resort is not responsible for any inability to access the Resort due to lack of parking. Please plan ahead and carpool whenever possible. Take note that the Resort may charge a parking fee or a parking reservation.

The Resort has limited capacity and Resort management reserves the right to limit (including through the use of a reservation system), refuse or deny entry to the Resort or its facilities at its sole discretion for any reason.

REFUNDS / EXCHANGES

Resort Products are final sale and non-refundable unless otherwise specified. Please refer to the Resort's website for information on its policy with respect to refunds and exchanges on Resort Products.

LOST OR STOLEN RESORT PRODUCTS

Any lost or stolen Resort Products should be immediately reported to the Resort's Guest Services (or similar) office. The issuance of a replacement Resort Product is at the discretion of the Resort and may be subject to a replacement fee.

CURRENCY

Purchases made in Canadian dollars must be associated with a Canadian billing address at the time of purchase.

SUPPLEMENTAL TERMS

This Agreement governs the Resort Products generally. More specific and/or supplemental terms and conditions may apply to some Pass Products, such as a waiver and release of liability, Web Terms of Use, Privacy Policy, Community Guidelines & Expectations, additional terms and conditions, or other waivers or releases of liability (individually and collectively, the "Primary Terms"). Any supplemental terms and conditions are in addition to this Agreement and, in the event of a conflict, the Primary Terms will prevail over this Agreement. If you do not agree to the applicable supplemental terms and conditions disclosed, you cannot use the Resort Products and you may have the opportunity to access the Resort through other products.

WAIVER

No waiver of any provision of this Agreement by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

CLASS ACTION AND JURY TRIAL WAIVER

You may only resolve disputes relating to or arising out of this Agreement on an individual basis and you may not bring, and you expressly waive the right to bring, a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class action, Private Attorneys General actions, and consolidation with other actions are not allowed. You hereby waive your right to a jury trial in any claim of cause of action relating to or arising out of this Agreement.

CHOICE OF FORUM AND CONSENT TO PERSONAL JURISDICTION

You agree that any action at law or in equity arising out of or relating to this Agreement shall be filed, and that venue properly lies, only in the state or federal courts located in Denver, Colorado (for residents of the United States), or the courts seated in the province in which you reside (for residents of Canada), and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating any action. Regardless of any statute or law to the contrary, you agree that any claim or cause of action arising out of or related to this Agreement must be filed within one year after such claim or cause of action arose or be forever barred.

CHOICE OF LAW

All questions, claims and controversies arising out of or relating to your purchase and use of a Resort Product ("Disputes") shall be governed by the law of the state (for Resorts in the United States) or province (for Resorts in Canada) in which that Resort is located, without regard to any state or province's choice-of-law principles.

All other Disputes shall be governed by the law of the state of Colorado (for residents of the United States) or the law of the province in which you reside (for residents of Canada), without regard to any state or province's choice-of-law principles.

TERMS SUBJECT TO CHANGE

This Agreement is subject to change and may be supplemented or modified at any time. The version of this Agreement in effect at the time of your Resort Product purchase will apply, which can be accessed here https://www.alterramtn.co/en/terms-of-sale (https://www.alterramtn.co/en/terms-of-sale). Modifications of this Agreement, either oral or written, made by a customer service agent or other unauthorized personnel of the Resort are not permitted and are unenforceable.

SEVERABILITY & SURVIVAL

In the event any provision of this Agreement is determined to be illegal, unenforceable, or unlawful then that provision shall be deemed severable from this Agreement and shall not affect the validity or enforceability of any remaining provisions.

The provisions of this Agreement which by their nature should survive the termination of this Agreement shall survive the termination of the Agreement, expressly including the following sections: Supplemental Terms, Severability & Survival, Waiver, Class Action and Jury Trial Waiver, Choice of Forum and Consent to Personal Jurisdiction, and Choice of Law.

(https://support.anthropic.com/en/articles/8525154-claude-is-providing-incorrect-or-misleading-responses-what-s-going-on)