Terms of Service

Please read the following Terms and Conditions closely before using our Web site (the "Site"). By accessing, browsing and using this Site, you acknowledge that you have read, understood and agree to comply with the terms and conditions stated herein. If you do not agree with any part of these Terms and Conditions, DO NOT USE THIS SITE.

Site Owner may at any time modify these Terms and Conditions, and your continued use of this Site will be conditioned upon the terms and conditions in force at the time of your use. Section A of these Terms and Conditions applies to all products and services available through the Site. Section B of these Terms and Conditions applies specifically to Hotel Reservations, Car Rental Services, and Other In-Destination Activities and Tours, as indicated.

SECTION A – GENERAL TERMS AND CONDITIONS:

Copyright Notice

You, the User, acknowledge that all content included on this Site, including, without limitation, the information, data, software, photographs, graphs, video, typefaces, graphics, music, sounds, images, illustrations, maps, designs, icons, written and other material and compilations (collectively, "Content") are intellectual property and copyrighted works of Site Owner and/or various third-party providers (each a “Provider” and together, the "Providers"). Reproductions or storage of Content retrieved from this Site, in all forms, media and technologies now existing or hereafter developed, is subject to the U.S. Copyright Act of 1976, Title 17 of the United States Code.

Corporate Identification and Trademarks

You may not use, copy, reproduce, republish, upload, post, transmit distribute or modify the Trademarks in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without Site Owner's prior written consent. The use of Trademarks on any other Web site or network computer environment is prohibited.

Use Restriction

You may only use this Site to purchase the products/services offered by Site Owner (each, a "Purchase" and together, the “Purchases”), and shall not use this Site to make any speculative, false or fraudulent Purchases. You may not use any automated means to access this Site, unless specifically permitted by Site Owner. You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of this Site. You agree to promptly update your membership information (if applicable) in order to keep it current, complete and accurate.

It is a violation of law to place a Purchase in a false name or with an invalid credit card. Please be aware that even if you do not give us your real name, your Web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users will be prosecuted to the fullest extent of the law.

Permission is granted to electronically copy and print in hard-copy portions of this Site for the sole purpose of using this Site as a shopping resource. Any other use of materials or Content on this Site, including reproduction for a purpose other than that noted above without Site Owner's prior written consent is prohibited.

E-mail

We encourage you to share your comments and questions with us, but we may not be able to respond to all of them. Please note that we assume no responsibility for reviewing unsolicited ideas for our business (like product or advertising ideas), and will not incur any liability as a result of any similarities between those ideas and materials that may appear in future Site Owner programs. Also, please remember that you are responsible for whatever material you submit and that you, not Site Owner, have full responsibility for any message that you send, including its reliability, originality and copyright. Please do not reveal trade secrets or other confidential information in your messages. Any, and all, rights to materials and ideas submitted to us become the exclusive property of Site Owner.

By sending us a message, you agree to have it and your name posted for public viewing, both on the Site and in other Site Owner promotional and advertising materials without compensation.

Privacy

You confirm that you have read, understood and agree to the Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable and satisfactory to you. You consent to the use of your personal information by Site Owner, its third-party providers, and/or distributors in accordance with the terms of and for the purposes set forth in the Privacy Policy. If you are not a resident of the United States, please note that the personal information you submit to the Site will be transferred to the United States and processed by Site Owner in order to provide its services to you, or for such other purposes (as set forth in the Privacy Policy). Site Owner makes no representation or warranties with regard to the sufficiency of the security measures used for data handling and storage. Site Owner will not be responsible for any actual or consequential damages that result from a lapse in compliance with the Privacy Policy because of a security breach or technical malfunction.

No Warranties

Unless a Provider has agreed otherwise, all products, services, advice, merchandise and information available through this Site are provided on an "as is," "as available" basis without warranties of any kind, either expressed or implied, other than those imposed by law, including but not limited to, warranties of title or implied warranties of merchantability, satisfactory quality or fitness for a particular purpose. Without limiting the above, no warranty or guarantee is made (i) regarding the acceptance of any Purchase; (ii) that a User will receive the lowest available price for goods and/or services available through this Site; (iii) regarding the availability of products and/or services through this Site or, where applicable, at any participating retailer or retailer location; (iv) that use of this Site and all software, products or services associated with this Site will be error-free; (v) regarding the results that may be obtained from the use of this Site; (vi) regarding the completeness, accuracy, reliability or quality of any information, Content, data, service, advice or merchandise provided or available through this Site; or, (vii) regarding the performance or non-performance of this Site including, but not limited to, any performance or non-performance in connection with or as a consequence of the passage of time. You expressly agree that the use of this Site is at your sole risk.

General Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SITE OWNER —INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AFFILIATES OR PROVIDERS (COLLECTIVELY, THE "COVERED PARTIES") —BE LIABLE FOR ANY INJURY, DEATH, LOSS, CLAIM, DAMAGE, ACT OF GOD, ACCIDENT, DELAY, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY USE OF THIS SITE OR WITH ANY DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Further, the Covered Parties accept no responsibilities for any damage and/or delay due to Provider cancellations, shortages, sickness, pilferage, labor disputes, machinery breakdown, quarantine, government restraints, weather or any other causes beyond the Covered Parties' control. No responsibility is accepted for any additional expense, omissions, delays, re-routing or acts of any governmental authority. No Covered Party shall be responsible for any Provider's breach of any warranty including, but not limited to, implied warranties of fitness for a particular purpose or of merchantability; nor shall any Covered Party be responsible for any other wrongdoing of a Provider (including any liability in tort), as to any products and/or services available through this Site. No Covered Party shall be responsible for any Provider's failure to comply with these Terms and Conditions, nor for any Provider's failure to comply with applicable federal, state and local law.

If, notwithstanding the above, a Covered Party is found liable for any loss or damage relating to the use of this Site, the User agrees that the liability of any such party shall in no event exceed the fee or charge to the User assessed by Site Owner for making a Purchase. Some states—to the extent their law might be deemed to apply, notwithstanding the selection of California law as described (below)—do not allow the limitation of liability, so the foregoing limitations might not apply to you.

Third Parties

If you use this Site to submit Purchases for or on behalf of a third party ("Third Party"), you are responsible for any error in the accuracy of information provided in connection with such use. In addition, you must inform the Third Party of all Terms and Conditions applicable to all products or services acquired through this Site, including all rules and restrictions applicable thereto. Each User using this Site for, or on behalf, of a Third Party agrees to indemnify and hold each Covered Party harmless from, and against, any and all liabilities, losses, damages, suits and claims (including the costs of defense), relating to the Third Party's or the User's failure to fulfill any of its obligations as described (above). The User is directly responsible for any Purchase submitted, including related fees, charges and performance obligations.

User Comments, Feedback and Other Submissions

All comments, feedback, suggestions and ideas disclosed, submitted or offered to a Covered Party in connection with your use of this Site (collectively, "Comments"), shall become and remain the exclusive property of Site Owner. The Comments may be used by a Covered Party in any medium and for any purpose worldwide, without obtaining your specific consent and you relinquish all rights to such Comments. For example, your Comments could be used on this Site and in radio, television and print advertisements. Your first name, first initial of your last name, and town and state may be used with any Comments you submit. No Covered Party is under any obligation to maintain your Comments (and the use of your first name and first initial of your last name with any comments) in confidence, to pay to you any compensation for any Comments submitted or to respond to any of your Comments. You agree you will be solely responsible for the content of any Comments you make.

Links to other Web sites and Services

To the extent this Site contains links to outside services and resources, any concerns regarding such services or resources should be directed to the particular outside service or resource provider. None of the Covered Parties guarantees or warrants the accuracy or completeness of the information or content included on the Web sites of these outside services and resources. The outside services and resources are in no way related to the Site Owner, and are neither its employees nor agents.

Termination of Usage

User access to all or part of this Site may be terminated or suspended at any time, without notice and for any reason.

Payment Methods

All Booking Purchases must be submitted with a major credit card unless otherwise expressly stated.

Miscellaneous

The captions in these Terms and Conditions are only for convenience and do not, in any way, limit or otherwise define the terms and provisions of these Terms and Conditions.

None of the Covered Parties are responsible for any errors or delays in responding to a Purchase caused by an incorrect e-mail address provided by you or other technical problems beyond their control.

Entire Agreement

These Terms and Conditions, together with the Privacy Policy and those terms and conditions incorporated herein or referred to herein, constitute the entire agreement (collectively, the "Agreement") between you and each Covered Party relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Site. If any provision of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired.

Governing Law

The internal laws of the State of California shall govern the performance of these Terms and Conditions, without regard to such state's conflicts of laws principles. You consent to the exclusive jurisdiction and venue of the courts located in San Francisco, California for all disputes arising out of, or relating to, the Terms and Conditions and use of this Site.

SECTION B - RULES AND RESTRICTION FOR TRAVEL PRODUCTS AND SERVICE:

Customer Cancellations

Credit cards are charged at the time of the reservation. There will be a $50 charge for cancellations made after your reservation has been made. Any cancellation made less than 24 hours before the lesson time will be charged the full amount, regardless of weather conditions. A no-call/no-show will be charged the full amount. Reservations canceled after the start of the lesson will be considered a no-show.

Lesson Booking Restrictions

All purchases are final and cannot be canceled, refunded, or transferred to another person, even with a fee. Once you complete a purchase, your credit card will be charged for the amount shown, regardless of whether or not the purchased lesson(s) is/are used. All lessons are subject to the restrictions described in the product description and/or pickup instructions.

Value tickets are only valid for the date(s) selected and cannot be used on different days or at different times. Please ensure your trip dates are certain before you purchase these tickets.

We do not guarantee snow conditions, weather conditions, open terrain or number of lifts operating. Credit will not be given for any unused Purchases and cannot be used toward any future Purchases.

All prices and amounts shown on this Site are in U.S. Dollars (USD), unless otherwise noted. The User agrees that all taxes, charges, surcharges, shipping/handling or other fees will automatically be charged to the credit card submitted by the User. Such amounts will be posted on this Site. You agree that your credit card will be charged for the full cost of your Purchase.

Booking Fees

Booking Fees are special transaction fees that are imposed on us once we make your reservation. Therefore, these fees are not refundable.

SECTION C - RENTAL AGREEMENTS

Warning & Liability Release - Agreement NOT to Sue

I have received the equipment listed on this agreement and have been instructed on its use. I verify that the personal information (height, weight, age, skier classification) on this agreement is correct. If at any time I feel the equipment is not functioning properly, I will stop using it and return it for inspection, repair or adjustments.

I understand and agree that skiing, snowboarding, snowshoeing and other winter sports are HAZARDOUS activities, that INJURIES from various causes are an INHERENT RISK of participating in these activities, and that injuries to any or all parts of my body are a COMMON AND ORDINARY OCCURRENCE during these activities. I freely accept and ASSUME ALL RISKS OF INJURY OR DEATH that may occur while using this equipment.

ALPINE SYSTEMS: I have confirmed that the visual release indicators on the alpine ski bindings are the same as those designated on this ticket. I understand alpine ski/boot/binding systems CANNOT RELEASE OR RETAIN in all situations where release or retention may prevent injury and that they therefore CANNOT GUARANTEE MY SAFETY.

SNOWBOARDS, SNOWSHOES AND X-C:

I understand that the binding systems on showboards, snowshoes and cross-country skis are NOT INTENDED TO RELEASE in a fall or upon impact.

To the fullest extent allowed by law, I agree to RELEASE FROM LIABILITY, and to INDEMNIFY AND HOLD HARMLESS Granlibakken Resort, Rossignol Ski Company, Inc., all other manufacturers and distributors of the equipment provided to me under this agreement, any involved winter sports area, shop or service technician, and their owners, agents, employers and employees for any injuries, damages or death related to the use of this equipment. I FURTHER AGREE NOT TO MAKE A CLAIM OR SUE FOR INJURIES OR DAMAGES RELATING TO THE USE OF THIS EQUIPMENT, whether such claim is based on NEGLIGENCE, breach of warranty, product defect or any other theory. I accept this equipment AS IS with no warranties, express or implied. These waivers and obligations extend to my heirs and assigns.

THIS DOCUMENT IS A LEGALLY BINDING CONTRACT which supercedes any other agreements or representations by or between the parties. It shall be interpreted to provide a broad and inclusive a release of liability as is legally possible, but is not intended to assert any claims or defenses which are prohibited by law. If any part of this agreement is deemed void or unenforceable, the remainder shall be given full force and effect. The specific rights of the parties under this contract may vary from state to state.

I have read, understand, and agree to the terms of this Warning, Liability Release and Assumption of Risk Agreement.

SECTION D - SEASON PASSES, TICKETS, RENTALS & SLEDDING: RELEASE OF LIABILITY

The following agreement applies to every Purchase made through this Site, including season passes, lift or ski tickets, sledding and tubing tickets, equipment rentals, lessons, and special event tickets.

SEASON PASS, TICKET, AND RENTAL ASSUMPTION OF RISK, RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT

READ CAREFULLY BEFORE SIGNING. THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS.

In consideration for the issuance, activation, and use of any season pass, lift or ski ticket, sledding or tubing ticket, equipment rental, lesson, program, or event ticket purchased through this reservation (each, a "Ticket"), and for permission to enter and use the Resort Premises and participate in the Activities, the undersigned Participant and, if applicable, the Participant's parent or legal guardian agree as follows.

DEFINITIONS AND SCOPE

Agreement means this Season Pass, Ticket, and Rental Assumption of Risk, Release of Liability, and Indemnity Agreement.

Ticket means any season pass, lift or ski ticket, sledding or tubing ticket, equipment rental or demo, lesson, clinic, camp, program, special event ticket, or other product or access right purchased from or issued by a Resort Party, whether purchased online, in person, or by another person on the Participant's behalf.

Activities means alpine skiing, snowboarding, snow biking, snowshoeing, Nordic skiing, uphill travel or skinning where permitted, racing, training, competitions, lessons, clinics, demonstrations, tubing, sledding, sightseeing, hiking, use of terrain parks and freestyle features, use of rental or demo equipment, and any other snow, mountain, or recreational activity authorized by the Resort and selected by the Participant.

Participant means each person named on the Ticket or reservation. If the Participant is under 18, references to I, me, or my include the parent or legal guardian signing this Agreement when the context concerns that adult's own promises, releases, representations, or obligations.

Resort Premises means all property, facilities, terrain, roads, parking areas, walkways, buildings, lodges, equipment, vehicles, lifts, surface tows, magic carpets, gondolas, trams, loading and unloading areas, trails, slopes, sledding and tubing hills, terrain parks, boundary areas, rental shops, and other locations owned, leased, occupied, maintained, controlled, or used by or for the Resort in connection with the Ticket or Activities.

Resort Parties means Snow Schoolers Inc., Granlibakken Tahoe, and each of their parents, subsidiaries, affiliates, owners, landowners, lessors, governmental land managers, pass partners, sponsors, equipment manufacturers and distributors, insurers, and each of their past and present officers, directors, members, managers, shareholders, employees, instructors, agents, volunteers, contractors, successors, and assigns. The "Resort" means Snow Schoolers Inc. and the ski area or facility at which the Ticket is used.

This Agreement remains valid from the time of its execution forever and into perpetuity, or until another, separate, Agreement is executed by the Participant. For the current season, it is valid throughout the season, including before opening day and after closing day when the Participant enters Resort Premises or participates in an Activity with Resort authorization. Each use of a Ticket confirms the Participant's continuing acceptance of this Agreement.

ACKNOWLEDGMENT OF HAZARDS/RISKS

I understand that mountain and winter/snow Activities are hazardous and can cause property damage, serious personal injury, permanent disability, paralysis, and death. Risks may be obvious or hidden, natural or human-made, marked or unmarked, expected or unexpected, inherent or otherwise, and may arise without warning. No list can describe every risk. Risks include, without limitation:

• changing weather, visibility, temperature, wind, precipitation, snow, ice, hardpack, crust, slush, exposed or thin cover, bare ground, rocks, cliffs, variable snow conditions, holes, drop-offs, waterways, and uneven or changing surfaces;
• variations in terrain, slope, pitch, grooming, trail design, trail junctions, roads, cat tracks, berms, rollers, moguls, jumps, rails, boxes, half-pipes, racecourses, sledding and tubing runs, terrain-park and freestyle features, and other natural or constructed features;
• trees, tree wells, stumps, logs, brush, vegetation, forest debris, fences, ropes, signs, hydrants, pipes, towers, poles, pads, buildings, vehicles, snowmaking and grooming equipment, hoses, cables, and other natural or human-made objects, whether padded, fenced, marked, or unmarked;
• avalanches, snow immersion, cornices, falling snow or ice, rockfall, lightning, wildfire, smoke, high altitude, cold exposure, frostbite, hypothermia, dehydration, fatigue, and changing mountain conditions;
• loss of balance or control; falls; sliding; collisions or near-collisions with people, animals, equipment, sleds, tubes, vehicles or objects, including but not limited to over-snow vehicles such as snowmobiles and snow grooming equipment and natural and/or manmade objects; the conduct, mistakes, inattention, speed, impairment, or rule violations of other participants; and the Participant's own conduct, decisions, skill, fitness, or equipment;
• equipment that is improperly selected, adjusted, fitted, maintained, used, or that fails or malfunctions, including skis, bindings, snowboards, boots, helmets, poles, sleds, tubes, bikes, adaptive equipment, rental equipment, and personal devices;
• participation in instruction, racing, training, clinics, events, competitions, adaptive programs, children's programs, or guided activities, including risks arising from directions, demonstrations, course setting, grouping, supervision, decision making, or the acts or omissions of Resort Parties and other participants; and
• delayed, unavailable, or imperfect rescue, evacuation, first aid, medical care, communications, or transportation due to weather, terrain, location, demand, decision making, or other conditions.

LIFT AND CONVEYANCE RISKS

I understand that using chairlifts, gondolas, trams, surface lifts, magic carpets, conveyors, shuttles, and other conveyances involves risks before loading, while loading, during transport, and while unloading. These risks include misloading; failure to load or unload; being struck by a carrier; entanglement of clothing, equipment, hair, straps, or body parts; falls from a platform or carrier; sudden starts, stops, slowing, swinging, rollback, evacuation, mechanical or electrical malfunction; carrier spacing or movement; actions or omissions of attendants or other passengers; and the Participant's inability or failure to load, ride, or unload safely.

I understand that California law may treat a chairlift operator as a common carrier and may impose a heightened duty of care. This release addresses claims alleging breach of that duty through ordinary negligence, but it does not release claims that cannot lawfully be released.

PARTICIPANT RESPONSIBILITIES AND REPRESENTATIONS

I represent and agree that I will:

• know and act within my ability; maintain control; select terrain and features appropriate for my skill, condition, and equipment; and stop participating when conditions exceed my ability;
• read and obey signs, warnings, closures, boundary markers, posted policies, and lawful instructions; comply with Your Responsibility Code and any applicable uphill, terrain-park, sledding, tubing, lift, helmet, drone, and conduct policies;
• know how and be able to load, ride, and unload each lift or ask an attendant for assistance before loading; lower a restraint bar when available and permitted, without striking or endangering others; remain properly seated; and avoid horseplay;
• not use lifts, sledding or tubing hills, or terrain while impaired by alcohol, cannabis, medication, or any substance or condition that makes participation unsafe;
• use properly fitted and maintained equipment, secure loose items, use retention devices when appropriate, and understand that helmets and other protective equipment cannot eliminate injury or death;
• stay out of closed areas, obtain required permission for uphill access, and understand that leaving an open Resort boundary enters uncontrolled backcountry terrain where hazards may not be marked or mitigated and rescue may be unavailable or delayed; and
• promptly report collisions and incidents, provide accurate identification and contact information, and cooperate with reasonable incident-response and safety procedures.

I represent that the Participant is physically and mentally capable of participating or will obtain appropriate medical advice before participating. The Resort Parties have made no representation that any Activity, condition, equipment, instruction, or facility is safe or suitable for the Participant.

EXPRESS ASSUMPTION OF RISK

I KNOWINGLY AND VOLUNTARILY ASSUME ALL RISKS OF ENTERING OR USING THE RESORT PREMISES, USING OR ENGAGING WITH RESORT'S FACILITIES/INFRASTRUCTURE, USING THE TICKET, AND PARTICIPATING IN THE ACTIVITIES, WHETHER KNOWN OR UNKNOWN, INHERENT OR NON-INHERENT, AND WHETHER DESCRIBED IN THIS AGREEMENT OR NOT. THIS EXPRESS ASSUMPTION INCLUDES RISKS ARISING FROM THE ORDINARY NEGLIGENCE OF A RESORT PARTY, TO THE FULLEST EXTENT PERMITTED BY CALIFORNIA LAW.

RELEASE AND WAIVER OF CLAIMS FOR ORDINARY NEGLIGENCE

TO THE FULLEST EXTENT PERMITTED BY CALIFORNIA LAW, I RELEASE AND FOREVER DISCHARGE THE RESORT PARTIES FROM EVERY CLAIM, DEMAND, CAUSE OF ACTION, LIABILITY, DAMAGE, LOSS, OR EXPENSE ARISING OUT OF OR RELATED TO THE PARTICIPANT'S ENTRY ON OR USE OF THE RESORT PREMISES, FACILITIES AND INFRASTRUCTURE, USE OF THE TICKET, OR PARTICIPATION IN AN ACTIVITY, WHEN THE CLAIM IS BASED IN WHOLE OR IN PART ON A RESORT PARTY'S ALLEGED NEGLIGENCE.

This release includes ordinary-negligence claims concerning premises conditions; trail, feature, sledding or tubing hill, or event design; padding, fencing, signs, warnings, closures, or boundary marking; snowmaking, grooming, inspection, maintenance, repair, or operation; hiring, training, instruction, supervision, staffing, rescue, first aid, or medical response; selection, fitting, adjustment, inspection, maintenance, or rental of equipment; and the loading, operation, riding, stopping, evacuation, and unloading of lifts or other conveyances.

FOR CLARITY, THIS RELEASE IS INTENDED TO INCLUDE CLAIMS THAT A RESORT PARTY, WHILE ACTING AS A CARRIER OR COMMON CARRIER, BREACHED A DUTY OF UTMOST CARE OR OTHER HEIGHTENED DUTY THROUGH ORDINARY NEGLIGENCE, INCLUDING CLAIMS UNDER CALIFORNIA CIVIL CODE SECTION 2100 OR SUCCESSOR LAW, TO THE EXTENT SUCH CLAIMS MAY LAWFULLY BE RELEASED BY SPECIAL CONTRACT.

This release applies to claims for personal injury, illness, disability, death, emotional distress, property damage, economic loss, loss of consortium, medical expense, and other derivative or consequential loss, whether asserted by the Participant or by anyone claiming through or on behalf of the Participant.

CALIFORNIA CIVIL CODE SECTION 1542 WAIVER

To the extent this Release encompasses any claim existing on or before the date I accept this Agreement, I expressly waive and relinquish all rights and benefits afforded by California Civil Code section 1542, which provides:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

I understand that I may later discover facts or claims different from or additional to those I now know or suspect, and I intend this Release to apply to unknown or unsuspected claims within its stated scope.

COVENANT NOT TO SUE AND ALLOCATION OF DEFENSE COSTS

I agree not to file or maintain a claim against a Resort Party that is Released in this Agreement. If I file or maintain such a claim and a court finally determines that the claim is barred by this Agreement, I will reimburse the affected Resort Party for reasonable attorneys' fees and costs incurred to enforce this Agreement, but only to the extent permitted by law. This paragraph does not apply to a good-faith claim alleging gross negligence, recklessness, fraud, intentional or willful misconduct, or other liability that cannot lawfully be released.

DEFENSE AND INDEMNITY FOR PARTICIPANT CONDUCT AND THIRD-PARTY CLAIMS

TO THE FULLEST EXTENT PERMITTED BY LAW, I WILL DEFEND, INDEMNIFY, AND HOLD HARMLESS THE RESORT PARTIES FROM THIRD PARTY CLAIMS, LIABILITIES, JUDGMENTS, SETTLEMENTS, DAMAGES, AND REASONABLE ATTORNEYS' FEES AND COSTS TO THE EXTENT CAUSED BY: (A) THE PARTICIPANT'S NEGLIGENT, RECKLESS, INTENTIONAL, OR UNLAWFUL CONDUCT; (B) THE PARTICIPANT'S BREACH OF THIS AGREEMENT OR RESORT RULES; (C) THE PARTICIPANT'S DAMAGE TO PROPERTY, INCLUDING RENTAL EQUIPMENT; OR (D) A CLAIM ASSERTED BY A PERSON TO WHOM THE PARTICIPANT LOANED, TRANSFERRED, OR PERMITTED USE OF THE TICKET.

This duty does not require indemnification for a loss finally determined to have been caused solely by a Resort Party's gross negligence, recklessness, fraud, intentional or willful misconduct, or other non-indemnifiable conduct. If a claim includes covered and uncovered allegations, the obligations will be allocated to the fullest extent permitted by law according to the conduct and loss for which indemnity is legally available.

PARENT OR GUARDIAN AGREEMENT FOR A MINOR PARTICIPANT

If the Participant is under 18, I represent that I am the Participant's parent or court-appointed legal guardian and have authority to sign. I consent to the minor's participation and use of lifts, sledding and tubing hills, and rental equipment, including riding without me and, when allowed by Resort rules, riding with other guests or minors. I have explained the material risks and rules to the minor in a manner the minor can understand.

I agree individually and, to the fullest extent permitted by law, on behalf of the minor to the assumption of risk, release, covenant not to sue, and other terms of this Agreement. I separately release my own claims, including claims for medical expenses, loss of services, emotional distress, or other derivative loss arising from the minor's participation.

EMERGENCY CARE, RESCUE, AND TRANSPORTATION

If the Participant is unable to consent, I authorize the Resort Parties to provide or arrange reasonable first aid, rescue, evacuation, transportation, and emergency medical care. I understand that the Resort Parties do not guarantee that care will be available or successful. I am responsible for charges imposed by third-party providers and, if permitted by posted Resort policy and applicable law, for extraordinary rescue or evacuation outside open Resort boundaries.

SEASON PASS, TICKET, AND RENTAL CONDITIONS

Each Ticket is personal, revocable, nontransferable, and subject to the Resort's then-current written terms of sale, refund or pass-protection terms, access restrictions, and safety and conduct policies. The Resort may suspend or revoke a Ticket for fraud, transfer, unsafe conduct, violation of law or Resort rules, or material breach of this Agreement, subject to applicable law and the governing product terms. I agree that if I sign this Agreement without the consent of the Participant, then I am committing fraud against the Resort and I agree to defend and indemnify the Resort for any/all costs, claims, or damages arising therefrom. Refund rights, if any, are controlled by the written terms applicable to the Ticket and are not expanded by this Agreement.

GOVERNING LAW, VENUE, SEVERABILITY, AND INTERPRETATION

California law governs this Agreement, without regard to conflict-of-law rules. Any action arising from this Agreement or the Participant's use of the Resort Premises or participation in the Activities must be brought in a court of competent jurisdiction in Placer County, California, unless applicable law requires a different forum.

This Agreement is intended to be as broad as California law permits. If a provision is held invalid or unenforceable, it will be severed or, if legally permissible, narrowed only as necessary, and the remaining provisions will remain effective. Headings are for convenience and do not limit the text. The singular includes the plural when appropriate. The words including and includes mean including without limitation.

This Agreement is the entire agreement concerning assumption of risk, release, waiver, covenant not to sue, and indemnity for the Ticket and Activities, except that product-specific or activity-specific agreements (such as an equipment rental agreement) may provide additional protections and obligations. No oral statement modifies this Agreement. A waiver on one occasion is not a continuing waiver.

ELECTRONIC RECORDS AND ACCEPTANCE

I consent to use of electronic records and signatures for this Agreement. Typing my name, checking an acceptance box, applying an electronic signature, completing an online purchase, or completing another clearly identified acceptance process is intended as my signature. The Resort may retain and reproduce an accurate electronic copy. If another person purchases the Ticket, the Ticket will not be activated or used until the Participant and, if required, a parent or guardian separately accepts this Agreement.

I HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND HAVE HAD THE OPPORTUNITY TO ASK QUESTIONS AND SEEK LEGAL ADVICE. I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS AND I SIGN VOLUNTARILY AND INTEND TO BE BOUND. THIS IS A RELEASE OF LIABILITY. DO NOT COMPLETE THIS PURCHASE UNLESS YOU AGREE TO BE BOUND BY ITS TERMS.