Terms & Conditions
tERMS AND CONDITIONS for the Purchase of Season Pass
Release, Express Assumption Acceptance of Risks, Indemnification & Forum Selection Agreement
(Acknowledge ONLY IF YOU AGREE TO BE BOUND BY THIS AGREEMENT!)
HIDDEN VALLEY PASS 2017-2018 SEASON
NOTICE: All forms of alpine activities such as skiing, tubing, snowboarding along with loading, riding and unloading lifts are hazardous. Falls and injuries are a common occurrence in these activities and conditions are ever-changing. Your safety is directly affected by your judgment. Participate in alpine activities only within your ability level.
WARNING, INHERENT & OTHER RISKS: Alpine activities, like many sports, contains inherent and other risks including, but not limited to the risk of personal catastrophic injury, or death, and property damage, which may be caused by continually changing weather, visibility, snow conditions, ice, hard pack, powder, packed powder, slush, granular, corn, crust, cut-up and machine-made snow; surface or subsurface conditions such as bare spots, ruts, bumps, moguls, forest growth, rocks, stumps, trees; and collisions with, or falls resulting from impacts of such natural objects plus lift and snowmaking towers and components thereof, lights, signs, posts, fences, mazes or netting, hydrants, water or air pipes (whether above or below the snow surface), snowmaking and other man-made equipment or objects and their components; trail maintenance vehicles and snowmobiles, which are all incidental to the provisions or maintenance of a resort facility; plus variations in steepness of terrain, whether natural or designed; snowmaking and snow grooming processes, including but not limited to other man-made or natural terrain modifications and features such as those found throughout the mountain and in terrain parks; the presence of and collisions with others, and their failure to safely participate in alpine activities, in control or within their own ability. I hereby agree that these and the numerous other similar risks are inherent in alpine activities and are both obvious and necessary therein.
PROMISE NOT TO SUE: As a condition of receiving discounted use of the ski area premises as a season pass holder, I, for myself and/or my child, hereby Promise Not to Sue whichever ski areas this pass is used at including Hidden Valley Golf and Ski Inc., Snow Creek Inc., its related legal entities and corporate affiliations, (or any other ski area where this pass is valid), and Peak Resorts Inc., their affiliates, employees and agents (hereinafter the “SKI AREA”), as I freely, voluntarily and expressly accept all risks of injury, death or property damage occurring thereon from risks such as those listed above or those that can reasonably be inferred therefrom.
INDEMNIFICATION: To the fullest extent permitted by law, I agree, for myself and my child, to RELEASE, indemnify, defend, and hold harmless the SKI AREA from any and all loss or damage, including subrogation and/or derivative claims brought by any third party or insurer that I or my child may cause to persons or property while using the resort or the resort facility. This includes, but is not limited to, any and all claims for personal injury, death and/or property damage.
RELEASE: I agree, for myself and/or my child, to RELEASE, forever discharge, defend, and hold harmless the SKI AREA from liability for any and all loss or damage to myself or to my child or my or my child’s property resulting from the SKI AREA NEGLIGENCE or any other cause. I understand that the SKI AREA is not responsible for the consequences of their own NEGLIGENCE, that is, their failure to use reasonable care in any way. I acknowledge that I am freely and expressly assuming and accepting any and all risks of property damage, personal injury and death in connection with my or my child’s use of the resort or the resort facility.
FORUM SELECTION: I further agree that any claim that I may at any time bring for any reason against the SKI AREA, shall be filed only in the state or federal Court with jurisdiction in the state in which the SKI AREA is located and in no other jurisdiction and the claim shall be governed by the laws of that state.
I agree that if any portion of this agreement is deemed unenforceable by a court of law all other parts shall remain in full force and effect. I agree that the above provisions shall be binding upon my heirs and assigns. I understand and agree that this document may be used by the SKI AREA as an affirmative defense to any claims I may bring for injuries sustained as a result of my participation in and caused by the inherent and other risks of alpine activities.
MINORS: As a parent/guardian with legal responsibility for the minor pass holder(s) named below, I represent that I am authorized to sign and accept the obligations of this agreement for the minor child. I consent and agree that I, for myself, and for the said minor pass holder(s) to be bound by this Agreement and I hereby indemnify the SKI AREA for awards, legal expenses and settlements arising out the child’s participation in alpine activities at the Ski Area resulting from any alleged negligence by the SKI AREA in the operation, maintenance or design of the SKI AREA and any other conditions of the SKI AREA’s premises.
PROHIBITED USE: Each pass is non-transferable and for your personal use only. I understand and agree that if someone other than the named pass holder(s) uses that pass for any purpose, that pass and its privileges will be cancelled without refund for the remainder of the 2017-2018 season no matter who is at fault for such illicit use. Be advised that such prohibited use can be considered Theft of Services under state law.
TERMS: I further agree to: (1) visibly display the season pass when boarding all lifts; (2) present the season pass to any authorized representative or management upon request; and (3) refrain from misconduct or reckless skiing or riding, acknowledging that the season pass may be revoked without refund for such behavior.
This pass is valid through the 2017-2018 season only.
PASS RESTRICTIONS & USAGE AGREEMENT
This is to confirm that I have picked up my season pass. I understand that this is for my personal use only and that I should protect it as I would cash or credit cards. Peak Resorts, Inc. and its subsidiaries are not responsible for lost or stolen passes. Replacements are at the discretion of each resort at a fee of $50. I understand and accept that fraudulent use or misuse will result in a $50 administration charge, loss of privileges and is cause for prosecution. Peak Resorts, Inc. and its subsidiaries are not responsible for adverse weather conditions. Peak Resorts, Inc. reserves the right to operate the SKI AREA in accordance with weather conditions, skier traffic or slope maintenance. Season Passes are non-transferrable.
PASS PROTECTION PLAN:
The Season Pass Protection Plan allows you to recover the pro-rated cost of your pass, if a covered problem such as sickness, pregnancy, injury, or change of residency prevent you from enjoying the season in its entirety. The Season Pass Protection Plan is also beneficial to those who tend to misplace things. To replace a lost season pass card, there is a $50 admin fee. With the Pass Protection Plan, Hidden Valley will replace your season pass one time for free. There are no refunds or credits for season passes under any exception, unless Season Pass Protection Plan is purchased at the time you purchase your season pass. The cost of Season Pass Protection Plan is $25 per pass.
LIMITS OF PROTECTION
- Injury or illness of a covered pass holder that prevents participation in skiing or snowboarding. Certification by physician required.
- Complication of pregnancy, normal pregnancy, or childbirth must occur after pass purchase and be verified by physician.
- Transfer by the pass holder’s current employer necessitating a change of residence outside a reasonably accessible radius of the area.
EXEMPTIONS OF PROTECTION
- Injury caused, or contributed by intentional self-injury.
- Injury or illness that does not prevent participation in pass activities skiing or snowboarding.
- Unexpected financial burden.
- Amount of use by pass holder.
- Season Pass Protection Plan is non-transferable or refundable