This Lift Ticket Agreement (“Agreement”) is between you and the Power Pass Resort you made your purchase with, which include Arizona Snowbowl, Brian Head Resort, Hesperus Ski Area, Nordic Valley Ski Resort, Pajarito Mountain Ski Area, Purgatory Resort, Purgatory Snowcat Adventures, Spider Mountain, Sipapu Ski and Summer Resort, Lee Canyon, Valle Nevado, Sandia Peak and Willamette Pass (hereinafter each separately referred to as “Resort”, “we” or “us”) and describes the terms and conditions that apply to your limited license to enter and use authorized facilities owned or operated by the Resort. The proof of purchase of such a limited license is a “Lift Ticket”. By buying or using your Lift Ticket, you agree to these terms.

Highlights

IMPORTANT – ALL PURCHASES ARE NON-REFUNDABLE: NO REFUNDS, CREDITS, OR TRANSFERS WILL BE ALLOWED for tickets, rentals, or lessons on the date the products are valid.

• Lift ticket and lesson prices vary by visitor age, day of the week, time of year, and time of entry. You must purchase tickets and lessons for the visitor on the day and time that the visitor plans to visit the Resort.
• Lift tickets purchased between August 1, 2023, and April 30, 2024, may be changed and redeemed for future lift ticket purchases during the 2023/2024 winter season. See below for our refund policy. 
• All lift passengers during the winter season must wear skis, a snowboard, or resort-authorized snow-riding or biking equipment. Please contact email for inquiries about accommodations for disabled visitors.
• The Resort does not guarantee parking, road conditions, weather conditions, snow conditions, open terrain, number of lifts operating, or facilities/services available.  Inclement weather routinely affects daily operations and can cause delays and closures at any time. Refunds and credits will not be issued for tickets, rentals or lessons due to inclement weather or other unforeseen interruptions to daily operations. 
• Hours and operations vary by day and at each resort and may change. Please visit https://www.purgatory.ski/  for current information.
• You must obey all federal, state and local laws while on our property and you must obey resort safety, courtesy, health, and traffic rules that are posted on the property.
• Rentals are issued on a first-come, first-serve basis. Pre-paying for rental equipment online may speed up your checkout, but does not guarantee availability of the equipment you requested. Please arrive early.
• Purgatory Resort credits expire on April 30, 2024, have no cash value, and are not transferable. Credits may be used at Purgatory Resort for lift tickets, lessons, rentals, and Purgatory-operated Food, Beverage, and Retail outlets. Credit can NOT be used for lodging or at any MCP resort other than the one where the original purchase was made.

Lift Tickets, Rentals & Lessons Refund Policy

• All ticket and rental purchases are non-refundable, except for up to a 48-hour cancellation period immediately following the time of purchase and before the date of your arrival. To request a refund during the cancellation period, email [email protected]. No refunds will be issued on the date of arrival.
• Prior to 11:59 pm on the day before your Lift ticket and Rental becomes valid, you may be eligible for a resort credit. Details are below in the Ticket Management section.
• Lift tickets received as a benefit associated with other tickets that are not purchased by the visitor directly for us and/or complimentary passes are not eligible for credit. This refund policy may not apply to lift tickets purchased from an authorized third-party seller or from a tour operator as part of a bundled package or trip, and purchasers should discuss with their authorized third-party seller or tour operator how the refund policy applies to their purchase.
• Ski School Group Lesson Rescheduling and Cancellations require 24-hour notice (from the lesson’s start time) for a request. A $25 charge will be implemented for day-of reschedules and cancellations unless Purgatory’s Transportation Department indicates adverse driving conditions. 
• Private Lesson Rescheduling and Cancellations require 48-hour notice (from the lesson’s start time) for a request. A $50 charge will be implemented for day-of and day-before reschedules and cancellations unless Purgatory’s Transportation Department indicates adverse driving conditions.
• Ski School Seasonal Program Cancellations: No refunds or credits will be permitted for missed classes. Refunds or Credits of 100% may only be requested at least 14 days prior to the start date of the program. Refunds or Credits of 50% may only be requested within 14 days prior to the start date of the program. Requests to cancel made on or after the program’s start date will not be eligible or receive a refund or credit. If the participant is injured, a doctor’s note must be submitted as an attachment to the Cancellation Request email to determine if the participant is eligible for a refund or credit.
• Ski School Program Eligible refunds will be paid to the original payment option used to create the original lesson reservation. Please allow 48-72 hours for the cancellation request to be fulfilled on our end, then an additional 3-7 business days for the refund to process with the bank Cancellations, schedule changes, credit requests, and refund requests may be made by email [email protected]. .

There is no fee to change your plans. Other than as expressly stated here, all terms and conditions applicable to Power Pass product and season pass purchases remain in full force and effect and these products continue to be non-refundable.

Pricing and Transfer

Lift ticket, lesson and rental prices vary by visitor age, day of the week, time of year, and time of entry. You must purchase tickets and lessons for the visitor at the day and time that the visitor plans to visit the Resort. Tickets and lessons are non-transferrable, i.e., you may not buy a ticket or lesson for one person and give that ticket or lesson to a different person.

Online, print or other advertised prices do not always guarantee the lowest price. Other specials may be available. Discounts cannot be combined with other offers. If you purchase through a reseller, travel company, or tour, check to see which terms and conditions apply. These companies may have additional terms and conditions not stated here. The refund policy may not apply to purchases made through third parties.

Permission to Film or Videotape

Purchase of this ticket or pass constitutes consent for us to use film, video or reproduction of the image and/or voice of a pass or ticket holder on any Resort properties for any purpose allowed by law without any payment or notification to the pass or ticket holder.

Redemption

When you purchase your lift ticket, you must select the resort at which you will use the ticket: Arizona Snowbowl, Brian Head Resort, Hesperus Ski Area, Nordic Valley Ski Resort, Pajarito Mountain Ski Area, Purgatory Resort, Purgatory Snowcat Adventures, Spider Mountain, Sipapu Ski and Summer Resort, Lee Canyon, Valle Nevado, Sandia Peak and Willamette Pass. This Ticket will only be valid at the Resort selected during checkout.

Ticket Management

• Deferral of a lift ticket requires the ticket to be unused at the time of the request, meaning it should not have been scanned or used at any Power Pass Resort destination after April 30, 2024 or until 11:59 pm on the day before your product(s) become valid. 
• Lift ticket and rental deferrals must be processed through the purchaser’s portal at https://store.purgatory.ski/Login. The resort credit, obtained through exchanging a lift ticket or rental purchase, is valid only at the original resort product is purchased and can be requested until 11:59 pm on the day before your product(s) become valid.
• Credit amounts will be based on the ticket purchaser’s actual purchase price, less insurance, if applicable. If you use your credit on a ticket that is more expensive, you must pay the price difference between the credit and the new ticket.
• Credit may be used at Purgatory Resort for lift tickets, lessons, rentals, and Purgatory operated Food, Beverage, and Retail outlets. Credit will be provided electronically and made available in an online account.
• Credit can NOT be used for lodging or at any MCP resort other than the one where the original purchase was made.
• Resort Credits expire on April 30, 2024.

Billing Errors, Corrections

If you have questions regarding your use of ticket deferral credits, please contact Customer Service at [email protected]  We will correct the balance of your credits if we believe that a clerical, billing, or accounting error occurred. We have no obligation to review or correct any billing error unless you provide us sufficient notice for us to review your claim within sixty (60) days of the date of the error in question.

Fraud Associated with Your Lift Tickets or Resort Credit

We will not accept any tickets or passes, or will limit use of any tickets, passes or credits, if we reasonably believe that the use is unauthorized, fraudulent or otherwise unlawful, and we consider such action appropriate to limit our risk. Power Passes are non-transferable. Lift tickets are non-transferable. DO NOT PURCHASE ANY RESORT TICKETS OR POWER PASSES OR LIFT TICKETS FROM THIRD PARTIES.

We have no liability to you for any third-party fraud or unlawful activity associated with any credit balance. If we discover any Power Pass or credit was sourced or derived from fraud or other unlawful means, we may in our sole discretion, cancel all impacted passes and credits and retain all related balances without notice to you. We may use retained balances to help offset our liability to card companies, networks and issuers of lost or stolen credit and debit cards used to purchase or load Power Passes or lift tickets.

Privacy Statement

Please read our Privacy Policy at https://www.purgatory.ski/privacy-policy carefully to understand how we collect, use, and disclose information about customers, how to update or change your personal information, and how we communicate with you.

Promotional Programs

From time to time, we may, in our sole discretion, run promotional programs associated with lift tickets. These promotions are subject to these terms, as well as additional terms as indicated in connection with the promotions. We reserve the right to modify the terms and conditions of any promotion at any time, including and up to terminating the promotion.

Changes to This Agreement

We may amend this Agreement at any time. We will post the amended Agreement to our website and for a period of thirty (30) days after we post the amended Agreement, we will also post a notice on our website stating that the terms of this Agreement have changed. As permitted by applicable law, any change, addition or deletion will become effective at the time we post the revised Agreement to our website. Unless we state otherwise, the change, addition, or deletion will apply to your future and existing lift tickets. You are deemed to accept the changes, additions or deletions if: (1) you do not notify us to the contrary in writing within 20 days of the date of our notice or such other time specified in the notice; or (2) you use any of your lift tickets after such notice period. If you notify us that you do not accept the changes, additions or deletions, we will cancel your lift tickets and refund any remaining balance to you.

Canceling This Agreement

We may suspend or terminate this Agreement and revoke or limit any or all of the rights and privileges granted to you at any time without notice or liability. Termination may result from your fraudulent or unauthorized use of the Lift Ticket including your failure to provide valid information. If we terminate this Agreement without cause, we will refund you or issue store credits equal to the balance on your canceled lift ticket(s), less any amounts that you may owe us.

Local Governing Laws

For resorts in Arizona (Arizona Snowbowl), your lift ticket is issued from the State of Arizona and transactions are processed within the State of Arizona. This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona notwithstanding any conflict of law rules.

For resorts in Colorado (Hesperus Ski Area, Purgatory Resort, Snowcat Adventures) your lift ticket is issued from the State of Colorado and transactions are processed within the State of Colorado. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado notwithstanding any conflict of law rules.

For resorts in New Mexico (Pajarito Mountain Ski Area, Sipapu Ski and Summer Resort, and Sandia Peak Ski Area),  your lift ticket is issued from the State of New Mexico and transactions are processed within the State of New Mexico. This Agreement shall be governed by and construed in accordance with the laws of the State of New Mexico notwithstanding any conflict of law rules.

For resorts in Texas (Spider Mountain),  your lift ticket  is issued from the State of Texas and transactions are processed within the State of Texas. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas notwithstanding any conflict of law rules.

For resorts in Utah (Brian Head Resort, Nordic Valley Ski Resort),  your lift ticket is issued from the State of Utah and transactions are processed within the State of Utah. This Agreement shall be governed by and construed in accordance with the laws of the State of Utah notwithstanding any conflict of law rules.

For resorts in Oregon (Willamette Pass),  your lift ticket is issued from the State of Oregon and transactions are processed within the State of Oregon. This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon notwithstanding any conflict of law rules.

For resorts in Nevada (Lee Canyon), your lift ticket is issued from the State of Nevada and transactions are processed within the State of Nevada. This Agreement shall be governed by and construed in accordance with the laws of the State of Nevada notwithstanding any conflict of law rules.

ADDITIONAL AGREEMENT WHEN USING THE PASS IN THE REPUBLIC OF CHILE:  Your ticket will be subject to the Civil Code of the Republic of Chile and holder agrees to the exclusive venue and jurisdiction of the Courts of Chile for any and all such claims, including all issues of liability and damages, and that Holder specifically waives and releases all rights to venue, jurisdiction or law for any claims or legal actions in or under the laws of the United States of America.

Disclaimers and Limits of Liability

Your purchase and use of lift tickets is subject to a separate disclaimer and limitation of liability. Please read that document carefully as it is a contract between you and the parties therein. The terms of that agreement are incorporated into this Agreement, as if the language was repeated fully here.

Assignment

We may assign all or part of this Agreement without notice to you. We are then released from all liability. You may not assign this Agreement without our permission in writing.

Entire Agreement, Construction

This Agreement is the complete and exclusive statement of agreement between you and the Resort you made your purchase with, and supersedes and merges all prior proposals and all other agreements governing your Lift Ticket, access to our property and use of our facilities  (not including Privacy Policy, the Power Pass Terms and Conditions,  rental equipment agreements or lesson agreements, as applicable). If any provision of this Agreement, other than the Class Action Waiver in the Arbitration provision above, is determined to be illegal or unenforceable, that provision will be eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.

Arbitration Provision 

Please read this section carefully. It affects rights that you may otherwise have.

This Arbitration Provision provides for resolution of most disputes through arbitration instead of court trials and class actions. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of this Agreement.

Binding Arbitration.  This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to this Lift Ticket Agreement, your Lift Ticket and your relationship with us. Any dispute or claim arising out of or relating to this Agreement or use of the Power Charge Card and your relationship with any Power Pass Resort company or any subsidiary, parent or affiliate company or companies (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration, except that either of us may take claims to small claims court if they qualify for hearing by such a court.

Opt-Out. Notwithstanding the above, you may choose to pursue your claim in court and not by arbitration if you opt out of this arbitration provision within 30 days from the earliest of the date you purchased or used your Lift Ticket (the “Opt Out Deadline”) after this Agreement has gone into effect. You may opt out of these arbitration procedures by sending us a written notice that you opt out to the following address: Resort Name Attn: Department, [insert address of who is administering program]. Any opt-out received after the Opt Out Deadline (allowing three (3) additional days for mailing) will not be valid and you must pursue your claim in arbitration or small claims court.

Arbitration Procedures. For all disputes, whether pursued in court or arbitration, you must first send a written description of your claim to our Customer Service department using the appropriate link at [insert customer service website] to allow us an opportunity to resolve the dispute. You and we each agree to negotiate your claim in good faith. You may request arbitration if your claim or dispute cannot be resolved within 60 days. Any statutes of limitations will be tolled during this 60 days.

Arbitration Rules and Remedies. The arbitration of any dispute or claim shall be conducted in accordance with the rules of the American Arbitration Association (“AAA”), including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this Agreement. The AAA Rules and information about arbitration and fees are available online at www.adr.org. You and we agree that this Agreement evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law, and not governed by state law. Any arbitration will be held in a reasonably convenient location in the state in which you reside or at another mutually agreed location. The arbitration will be conducted in the English language. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief to the extent required to satisfy your individual claim, and must follow and enforce this Agreement as a court would. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.

Costs of Arbitration. Upon filing of the arbitration demand, we will pay all filing, administration and arbitrator fees other than the initial $200 filing fee, and for claims of less than $1,000, the Resort will reimburse you for the filing fee within 30 days of receiving a written request from you. Each party will bear the fees and expense of its own attorneys, experts, witnesses and preparation and presentation of evidence at the arbitration. However, for claims under $10,000 as to which you provided notice and negotiated in good faith as required above before initiating arbitration, if the arbitrator finds you are the prevailing party in the arbitration, you will be entitled to a recovery of reasonable attorneys’ fees and costs. Except for claims determined to be frivolous, we agree not to seek an award of attorneys’ fees in arbitration even if an award is otherwise available under applicable law.

Class Action Waiver and Jury Waiver

You and we each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If a court or arbitrator determines in an action between you and us that this class action waiver is unenforceable, the arbitration agreement will be void as to you. If you opt out of the arbitration provision as specified above, this class action waiver provision will not apply to you. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated or representative proceeding without having complied with the opt out procedure set forth above. If for any reason a claim proceeds in court rather than through arbitration, you and we each waive any right to a jury trial.

Inquiries or Questions

If you have any questions regarding this Agreement, your lift ticket or the refund policy, please visit our website at https://www.purgatory.ski or email us at [email protected].

This Resort Charge Agreement (“Agreement”) is between you and  the Power Pass Resort you made your purchase with, which include Arizona Snowbowl, Brian Head Resort, Hesperus Ski Area, Nordic Valley Ski Resort, Pajarito Mountain Ski Area, Purgatory Resort, Purgatory Snowcat Adventures, Spider Mountain, Sipapu Ski and Summer Resort, Lee Canyon, Valle Nevado, Sandia Peak and Willamette Pass (hereinafter each separately referred to as “Resort”, “we” or “us”) and describes the terms and conditions that apply to your account. By buying, loading, or using Resort Charge, you agree to these terms.

About Resort Charge

Highlights:

• The dollar value that you load onto your account (season pass or lift ticket) is a prepayment for tickets, rentals, lessons, food, beverages, clothing, gear, and other goods and is only for use at the Resort your tickets or passes were purchased for.
• The value you load on your account will not expire.
• The dollar value on your account is nonrefundable.
• Resort Charges are not gift cards and are not transferrable.
• We do not charge any activation, service, dormancy or inactivity fees in connection with your Resort Charge.
• You must report all transaction errors to us within 60 days of the transaction.

Inquiries or Questions

If you have any questions regarding this Agreement, your lift ticket or the refund policy, please visit our website at purgatory.ski or call us at (970) 385-2168.

Arbitration Provision, Class Action and Jury Trial WaiverThis Agreement includes an Arbitration Provision and a Class Action Waiver and Jury Waiver that govern any disputes between you and us. Unless you opt out, as described below, these provisions will:

• Eliminate your right to a trial by jury; and
• Substantially affect your rights, including preventing you from bringing, joining or participating in class or consolidated proceedings.

Electronic DeliveryYou agree that we may provide notices, disclosures and amendments to this Agreement, and other information relating to Resort Charge by electronic means, including posting such materials online at purgatory.ski.

Card ValueYou should treat your account like cash and not disclose your Resort Charge information to anyone. The value on your account is not insured by the Federal Deposit Insurance Corporation (FDIC), nor does it earn interest. If your account information is lost or stolen, anyone who obtains possession of either may use your account. You are responsible for all Resort Charge transactions, including unauthorized transactions.

Redemption Most Power Pass resort stores accept Resort Charge, although Resort Charge is available only at the resort where it was purchased. These include locations at Arizona Snowbowl, Brian Head Resort, Hesperus Ski Area, Nordic Valley Ski Resort, Pajarito Mountain Ski Area, Purgatory Resort, Lee Canyon, Valle Nevado, Sandia Peak, Willamette Pass, Purgatory Snowcat Adventures, Sipapu Ski and Summer Resort and Spider Mountain. Certain resort locations may not permit you to use Resort Charge for payment or may have temporary unavailability. To find out if a store will accept Resort Charge as a payment method, please inquire at that store or visit purgatory.ski.

Loading and Tracking Value on Your CardIn the United States, you can purchase account credit by visiting any participating resort website. The minimum load value is $10, up to a maximum of $500. There may be a delay from the time you pay the amount (or your credit/debit authorization is received) and when funds are loaded onto your account for use. If you add Resort Charge prepaid dollars online, these terms of use will apply.  When you use your Resort Charge account, we will provide a receipt if you request one. The receipt will indicate that the purchase was made using a Resort Charge and will provide the remaining balance of your account.

Billing Errors, Corrections

If you have questions regarding your Transaction history or any correction, or if you wish to dispute any Transaction or correction that has been applied to your account, please contact Customer Service at the resort in which you purchased credit.  We will correct the balance of your account if we believe that a clerical, billing, or accounting error occurred. We have no obligation to review or correct any billing error unless you provide us sufficient notice for us to review your claim within sixty (60) days of the date of the Transaction in question.

Fraud Associated with Your Account or Resort Charge BalanceWe will not accept any Resort Charge, or will limit use of any Resort Charge balance, if we reasonably believe that the use is unauthorized, fraudulent or otherwise unlawful, and we consider such action appropriate to limit our risk. Resort Charge prepaid dollars are non-transferable. We do not service, refund, or transfer account access or ownership for Resort Charges if you received or purchased a product with a Resort Charge balance from someone outside your immediate household.

 DO NOT PURCHASE PRODUCTS WITH ADVERTISED RESORT CHARGE BALANCES FROM THIRD PARTIES.

 Resort Charge has no liability to you for any third-party fraud or unlawful activity associated with any Resort Charge balance. If the resort discovers any Resort Charge or Resort Charge balance was sourced or derived from fraud or other unlawful means, we may in our sole discretion, cancel all impacted accounts and retain all related Resort Charge balances without notice to you. We may use retained Resort Charge balances to help offset our liability to card companies, networks and issuers of lost or stolen credit and debit cards used to purchase or load products.

Privacy Statement

Please read Resort Charge Privacy Policy at www.purgatory.ski/privacy-policy/ carefully to understand how MCP, Inc. collects, uses, and discloses information about customers, how to update or change your personal information, and how we communicate with you.

Resort Charges are not targeted towards, nor intended for use by, anyone under the age of 13. If you are below age 18, you may only use Resort Charge under the supervision of a parent or legal guardian who agrees to be bound by this Agreement.

Promotional ProgramsFrom time to time, we may in our sole discretion, run promotional programs associated with the Resort Charge program. These promotions are subject to these terms, as well as additional terms as indicated in connection with the promotions. We reserve the right to modify the terms and conditions of any promotion at any time, including and up to terminating the promotion.

Changes to This Agreement

We may amend this Agreement at any time. We will post the amended Agreement to our website at You can manage your account at the resort website that you purchased from.  Registering your card at purgatory.ski may help us replace the balance on your account if your card is lost, stolen or destroyed and the issue is timely reported., and for a period of thirty (30) days after we post the amended Agreement, we will also post a notice on our website stating that the terms of this Agreement have changed. As permitted by applicable law, any change, addition or deletion will become effective at the time we post the revised Agreement to our website. Unless we state otherwise, the change, addition, or deletion will apply to your future and existing Resort Charge account. You are deemed to accept the changes, additions or deletions if: (1) you do not notify us to the contrary in writing within 20 days of the date of our notice or such other time specified in the notice; or (2) you use any of your Resort Charges after such notice period. If you notify us that you do not accept the changes, additions or deletions, we will cancel your Resort Charge and refund any remaining balance to you.

Cancelling This Agreement

We may suspend or terminate this Agreement and revoke or limit any or all of the rights and privileges granted to you at any time without notice or liability. Termination may result from your fraudulent or unauthorized use of the Resort Charge including your failure to provide valid information. If we terminate this Agreement without cause, we will refund you or issue store credits equal to the balance on your cancelled Resort Charge(s), less any amounts that you may owe us.

Governing Law – Colorado

Your Resort Charge is issued from the State of Colorado and transactions are processed within the State of Colorado. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado notwithstanding any conflict of law rules.

Disclaimers and Limits of Liability

Mountain Capital Partners and its affiliates make no representations, warranties or conditions of any kind, express or implied, with respect to the Resort Charge, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, title or non-infringement, or any warranty arising by usage of trade, course of dealing or course of performance. Mountain Capital Partners does not represent or warrant that your Resort Charge will always be accessible or accepted.

In the event that Mountain Capital Partners or its affiliates are found liable to you, you shall only be entitled to recover actual and direct damages and such damages shall not exceed the last balance held on your account. Mountain Capital Partners and its affiliates shall have no liability for any incidental, indirect or consequential damages (including without limitation loss of profit, revenue or use), or any punitive or exemplary damages arising out of or in any way connected with this Agreement, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, even if we or our authorized representatives have been advised of the possibility of such damages. In no event shall Mountain Capital Partners or its affiliates have any liability for unauthorized access to, or alteration, theft or destruction of a Resort Charge through accident, misuse or fraudulent means or devices by you or any third party, or as a result of any delay or mistake resulting from any circumstances beyond our control. The laws of certain states or other jurisdictions do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have rights in addition to those contained in this Agreement. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

Assignment

We may assign all or part of this Agreement without notice to you. We are then released from all liability. You may not assign this Agreement without our permission in writing.

Entire Agreement, Construction

This Agreement is the complete and exclusive statement of agreement between you and Mountain Capital Partners, and supersedes and merges all prior proposals and all other agreements governing your Resort Charge (not including Privacy Policy www.purgatory.ski/privacy-policy/, the Power Pass Terms and Conditions or the Lift Ticket Terms and Conditions stated above, as applicable). If any provision of this Agreement, other than the Class Action Waiver in the Arbitration provision above, is determined to be illegal or unenforceable, that provision will be eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.

Arbitration Provision.   Please read this section carefully. It affects rights that you may otherwise have.

This Arbitration Provision provides for resolution of most disputes through arbitration instead of court trials and class actions. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of this Agreement.

Binding Arbitration. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to this Resort Charge Agreement, your Resort Charge and your relationship with us. Any dispute or claim arising out of or relating to this Agreement or use of the Resort Charge and your relationship with Mountain Capital Partners or any subsidiary, parent or affiliate company or companies (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration, except that either of us may take claims to small claims court if they qualify for hearing by such a court.

Opt-Out. Notwithstanding the above, you may choose to pursue your claim in court and not by arbitration if you opt out of this arbitration provision within 30 days from the earliest of the date you purchased, loaded, reloaded or used any of your Resort Charge (the “Opt Out Deadline”) after this Agreement has gone into effect. You may opt out of these arbitration procedures by sending us a written notice that you opt out to the following address: Resort Charge Team, Mountain Capital Partners, [email protected]. Any opt-out received after the Opt Out Deadline (allowing three (3) additional days for mailing) will not be valid and you must pursue your claim in arbitration or small claims court.

Arbitration Procedures. For all disputes, whether pursued in court or arbitration, you must first send a written description of your claim to our Customer Service department using the appropriate link at [email protected] to allow us an opportunity to resolve the dispute. You and we each agree to negotiate your claim in good faith. You may request arbitration if your claim or dispute cannot be resolved within 60 days. Any statutes of limitations will be tolled during this 60 days.

Arbitration Rules and Remedies. The arbitration of any dispute or claim shall be conducted in accordance with the rules of the American Arbitration Association (“AAA”), including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this Agreement. The AAA Rules and information about arbitration and fees are available online at www.adr.org. You and we agree that this Agreement evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law, and not governed by state law. Any arbitration will be held in a reasonably convenient location in the state in which you reside or at another mutually agreed location. The arbitration will be conducted in the English language. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief to the extent required to satisfy your individual claim, and must follow and enforce this Agreement as a court would. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.

Costs of Arbitration. Upon filing of the arbitration demand, we will pay all filing, administration and arbitrator fees other than the initial $200 filing fee, and for claims of less than $1,000, Mountain Capital Partners will reimburse you for the filing fee within 30 days of receiving a written request from you. Each party will bear the fees and expense of its own attorneys, experts, witnesses and preparation and presentation of evidence at the arbitration. However, for claims under $10,000 as to which you provided notice and negotiated in good faith as required above before initiating arbitration, if the arbitrator finds you are the prevailing party in the arbitration, you will be entitled to a recovery of reasonable attorneys’ fees and costs. Except for claims determined to be frivolous, we agree not to seek an award of attorneys’ fees in arbitration even if an award is otherwise available under applicable law.

Class Action Waiver and Jury Waiver.

You and we each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If a court or arbitrator determines in an action between you and us that this class action waiver is unenforceable, the arbitration agreement will be void as to you. If you opt out of the arbitration provision as specified above, this class action waiver provision will not apply to you. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated or representative proceeding without having complied with the opt out procedure set forth above. If for any reason a claim proceeds in court rather than through arbitration, you and we each waive any right to a jury trial.

Permission to Film or Videotape: Purchase of this lesson or product by Customer or on behalf of Customer’s minor participant constitutes consent for Purgatory Resort to use any film, video or reproduction of image and/or voice of Customer or Customer’s minor participant for any purpose whatsoever without any payment or notification to the Customer.

Assumption of General Risk:  Skier AGREES not to sue for any injury or death and VOLUNTARILY ASSUMES ALL RISKS of participation, inherent or otherwise, including related to use of the ski lifts. WARNING: Under Colorado law, a skier accepts the risk of any injury to person or property resulting from any of the inherent dangers and risks of skiing, including changing weather conditions, existing and changing snow surface conditions, surface or subsurface conditions, whether marked or unmarked, collisions with natural or man-made objects, whether marked or unmarked and the failure of skiers to ski within their own abilities.

Program Information

• All participants are required to have proper equipment (waterproof pants, waterproof gloves, sunscreen, eye protection such as goggles on cold days and sunglasses for warmer, sunny days) and layers of clothing for inclement and changing weather conditions. Helmets are required. Children are required to have snacks, a lunch or enough money for lunch, and provide allergy, medical condition, and emergency contact information.
• All participants must have a season pass or lift ticket. Please make sure your child has an attached season pass, lift ticket or FREE 12 and Younger Pass before dropping him/her off. Contact the Purgatory Resort Ticket Office at [email protected] for information about lift tickets and season passes.
• Fully functional and proper sized equipment is required. All ski equipment must have current DIN bindings, metal edges, and brakes. Non-DIN bindings are not acceptable. All snowboards must have bindings, metal edges, a P-tex base, and a safety leash.  Please use snowboard boots rather than winter boots.
• All young children must be “toilet trained” and willing to participate.
• We make every effort to keep the same instructor with their group for each session, but we cannot guarantee it.
• A minimum enrollment of 4 students in the same discipline with the same ability level is required in order for us to form a class.
• Signing a Release of Liability is included as part of the online registration process.  If for some reason parents do not register online, they must sign a Release of Liability form at check-in for each child in order for them to participate in the program.
• There are no refunds or make-up days for missed sessions.
• Participants will be placed in a class based on their ability, not on the level of terrain on which they have previously skied or ridden. On the first day, after verbally assessing each child, staff will place the children into specific groups. Each group will then be assessed on-snow. Adjustments will be made at this time. Do not misrepresent her/his age or ability as this undermines the class, the coach and, most importantly, does a disservice to your child.

Cancellations

Requests to cancel your child’s class that are made at least 14 days prior to the start of the program will receive a full refund. Requests made within 14 days prior to the first class will receive a 50% refund. Requests to cancel made on or after the first class will not receive a refund. Cancellations and refunds must be made at the Ski & Ride School Reservation Desk or by contacting us at purgs[email protected].

• There are no refunds or make-up days for missed classes.
• Skiing and snowboarding are outdoor sports. The weather can involve changes to roads, parking, slopes, lift and resort operations due to freezing temperatures, wind, and strong precipitation. Please plan accordingly, including but not limited to lesson arrival time, protective clothing choice and understanding that each day can require adjustment to schedules and protective clothing, as weather changes.
• Chains and 4-wheel drive may be required.
• Do not bring your child to Snowburners if she/he is sick. She/he could make the coach and other participants sick, too.
• If your child has special medical needs, write instructions on your registration form and notify your coach on the first day.
• There are no make-up days in Snowburners. If your child is unable to make it on a specific day we cannot switch him to a different class because it disrupts the class dynamic.

What to Bring

• Clothing and gear appropriate for conditions: neck gaiter, goggles, only one pair of socks, snow pants, and non-fleece mittens or gloves.
• Helmets are required.
• Snacks, lip balm, sunblock, hand warmers on cold days.

Apply sunscreen and take your child to the bathroom before class.

Permission to Film or Videotape: Purchase of this lesson or product by Customer or on behalf of Customer’s minor participant constitutes consent for Purgatory Resort to use any film, video or reproduction of image and/or voice of Customer or Customer’s minor participant for any purpose whatsoever without any payment or notification to the Customer.

Assumption of General Risk:  Skier AGREES not to sue for any injury or death and VOLUNTARILY ASSUMES ALL RISKS of participation, inherent or otherwise, including related to use of the ski lifts.  WARNING: Under Colorado law, a skier accepts the risk of any injury to person or property resulting from any of the inherent dangers and risks of skiing, including changing weather conditions, existing and changing snow surface conditions, surface or subsurface conditions, whether marked or unmarked, collisions with natural or man-made objects, whether marked or unmarked and the failure of skiers to ski within their own abilities.

Current passholder rules can be found here:

If you have any questions about the passholder rules, please email [email protected].

Season passes are non-refundable unless the Pass Refund Option is selected and paid for at the time of pass purchase. If you have questions about our refund policy, please email [email protected].

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Terms & Conditions

By purchasing or using your Gift Card, you agree to the following terms and conditions:  Gift cards are non-returnable and not for resale. Gift cards should be treated and safeguarded like cash and lost, damaged, or stolen cards will not be replaced. You are responsible for all transactions associated with the use of the Gift Card, including any unauthorized transactions.  Your Gift Card is not a credit card or credit line and no deposit account is associated with it and balances are not insured by the FDIC.  Only one gift card balance can be applied toward a single transaction online (excludes retail orders through Shopify) and up to four can be used toward a single transaction at on-site locations. Gift cards may not be consolidated or combined to purchase a new gift card, nor will we combine multiple gift cards into one gift card per customer requests. Gift cards do not expire.  We reserve the right not to accept any Gift Card or otherwise limit use of a Gift Card if we reasonably believe that the use is unauthorized, fraudulent or otherwise unlawful. TO THE FULL EXTENT PERMISSIBLE BY LAW, WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS. IN THE EVENT A GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, WILL BE THE REPLACEMENT OF THAT GIFT CARD.

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2023/2024

1. Who do I contact with questions or concerns about rental, ticket or lesson exchanges?
   • Rentals – [email protected]
   • Tickets – [email protected]
   • Ski School – [email protected]
2. What is the difference between an exchange, a refund, and resort credit?
   • Exchanges and Resort Credit are essentially the same. You may complete an exchange through your portal. When you opt to exchange an item (such as a lift ticket) through the portal, you receive resort credit (for the ticket purchase amount) on your account which can then be applied to another ticket or similar product that can be purchased through our online webstore.
   • Qualifying refunds must be processed by contacting [email protected] more than 48 hours before the date for which the ticket/rental/lesson was originally booked. Please read https://www.purgatory.ski/terms-and-conditions/ for more information on qualifying refunds
3. Does my exchange have to be for a product or service for this ski season?  
   • Yes. Your resort credit does NOT roll over for purchases in an upcoming season.
4. Does my exchange have to be for the same product or service as the original purchase?  
   • No. Exchanges are issued as a resort credit which can then be applied to other products available on our online store and around the resort including rentals, tickets, and lessons. 
5. Can my exchange be converted to resort credit to use at an F&B or Retail outlet?  
   • Yes. Your exchange is considered a resort credit. It is delivered to you in the form of an emailed voucher which can be used at most outlets around the resort. Some restrictions may apply.
6. Will I get a refund for the remainder if I exchange for something of lesser value? 
   • No. Your exchange is issued as a resort credit. If you purchase something of lesser value, the balance will remain in your portal for use toward another purchase within the current season.
7. Can I call or come in to make an exchange?  
   • No. All exchanges must be completed through your online portal. 
8. When is the deadline to exchange a product or service?  
   • The end of the current ski season. 4/30/2024