Revised 3/16 SUGAR BOWL/ROYAL GORGE 2016/2017 SEASON PASS AGREEMENT Pass Holder’s Name _____________________________________________ (each adult must sign separately) (Please Print Name) As a condition of holding this Pass, and in return for being permitted to use the facilities of Sugar Bowl and/or Royal Gorge (collectively “Sugar Bowl”), I understand and agree to the following Conditions of Issuance for a season pass: 1. This pass is valid for the 2016/2017 season, as long as the lifts or trails are in operation, but I understand that Sugar Bowl does not guarantee snow conditions or amount of skiable days in the season and I am not entitled to any refund or credits due to snow, wind or weather conditions. I understand that Sugar Bowl reserves the right to restrict use of my pass for any reason or to close its ski areas for any special function. I further understand that my pass is only good at the ski areas for which I have purchased my pass (Sugar Bowl and/or Royal Gorge). 2. For Slightly Restricted and Midweek Plus pass holders: Slightly Restricted and Midweek Plus passes are not valid during the following holiday blackout periods: 12/24/16-1/1/17, 1/14/17-1/15/17, 2/18/17-2/19/17. Midweek Plus passes are valid Monday-Friday, non-holiday (also valid seven days a week from opening day through 12/16/16, and from 4/1/17 to the end of the season). I agree to pay the daily ticket price on any day my pass is not valid. If I am found using lifts or trails on a day my pass is not valid, I will pay the ticket price and leave the premises immediately. After the second offense, I understand that I will be issued a ticket by the Placer County Sheriff's office, which will require my appearance in court. After a third offense, I understand that my pass will be revoked without refund. I understand and agree that the terms and conditions of this agreement are valid and enforceable on any day I participate in the Activities or use the facilities at Sugar Bowl or Royal Gorge. 3. I must have my pass with me to be entitled to use the lifts and ski/snowboard at this resort. I understand that Sugar Bowl will issue one complimentary lift ticket if I forget my pass. This ticket is for the pass holder’s use only. If the pass is forgotten a second time, I will purchase a lift ticket before accessing the lifts. I further understand that the reported forgotten pass will be listed as lost for the day that the complimentary ticket is issued, and reported if used. This policy may be changed or revoked at any time. 4. If I lose my pass, I must report it immediately. The cost to replace the pass is $25 after a seven day waiting period. 5. My pass is the property of Sugar Bowl, and is non-transferable, non-assignable, non-refundable, and I will not let any other person use my pass or its privileges. If I do, Sugar Bowl will revoke and terminate the pass without refund. I understand that use of my pass by anyone other than me shall constitute fraud and may result in criminal prosecution. 6. If Sugar Bowl management determines that my behavior, while on or using any of Sugar Bowl or Royal Gorge’s premises, is not in accordance with the Placer County Skier Responsibility Code and/or California Penal Code or is considered misconduct, management may revoke my pass without refund or credit, at its sole discretion. 7. Sugar Bowl does not maintain, monitor, or patrol terrain beyond the ski area boundary at Sugar Bowl or Royal Gorge (as outlined on the trail map). I assume all responsibility for travel beyond the boundary and I understand that I will be charged for any rescue efforts, if available. I agree to stay within designated trails/paths at Royal Gorge. 8. Issued passes may be credited due to injury on a prorated system based on the season start date. The pass holder must request credit in writing with a letter from a physician stating the nature and date of the injury. THIS IS A MULTI-PAGE AGREEMENT, DO NOT SIGN IT UNLESS YOU UNDERSTAND IT AND AGREE WITH ITS TERMS. 1 Revised 3/16 9. I agree to present my pass for scanning or visual inspection when asked by any Sugar Bowl and/or Royal Gorge employee at any time. 10. Passholder authorizes Sugar Bowl to use any images (still or moving) of passholder for marketing purposes without compensation. 11. Royal Gorge trails close at 4:00pm and all persons must exit trails by closing time. No foot traffic permitted on trails. 12. I agree that Sugar Bowl has no liability for damage, theft, vandalism, or any other loss in connection with vehicles parked at Sugar Bowl and/ or Royal Gorge. My vehicle may be towed at my expense if I leave it in a parking lot after closing. 13. I agree to read the Placer County Skier Responsibility Code (provided below) and to follow it whenever I ski/snowboard at Sugar Bowl and/or Royal Gorge. I further understand that the California Penal Code states that the following misdemeanors are punishable by a fine of up to $1,000: (1) Skiing/Riding within or entering a CLOSED area [PC 602(r)]; and (2) Leaving the accident scene if involved in a collision, except to notify authorities or obtain assistance [PC 653i]. 1. 2. 3. 4. 5. 6. 7. RESPONSIBILITY CODE: Always stay in control and be able to stop or avoid others. People ahead of you have the right of way. It is your responsibility to avoid them. You must not stop where you obstruct a trail or are not visible from above. Whenever starting downhill or merging into a trail, look uphill and yield to others. Always use devices to help prevent runaway equipment. Observe all posted signs and warnings. Keep off closed trails and areas. Before using any lift, you must have the knowledge and ability to load, ride and unload safely. 14. I agree to follow the Children’s Chairlift Code of Conduct. Skiers and riders, including children, commonly ride chairlifts to access the slopes. Children may ride chairlifts with adults, instructors or coaches. In certain circumstances, children may ride lifts without adults, instructors or coaches. Please note, Sugar Bowl recommends the use of the restraining bar. While there may be restraining bars on chairlifts, lowering the bar does not guarantee the safety of the passenger. Chairlift safety starts with you. Please share the following information with your child and repeat the lessons often: Pay Attention at all Times Be Respectful & Be Smart – No Horseplay Grab Outside of Chair as it Approaches Sit Firmly in Chair, Facing Forward If Not Properly Seated, Alert Lift Operator Immediately Say “Bar Down” as Bar is Lowered Don’t Adjust Gear or Lean on Bar While Riding Chair Say “Bar Up” as Bar is Raised Clear Off-Ramp Area Immediately Obey Posted and Verbal Chairlift Instructions THIS IS A MULTI-PAGE AGREEMENT, DO NOT SIGN IT UNLESS YOU UNDERSTAND IT AND AGREE WITH ITS TERMS. 2 Revised 3/16 RELEASE OF LIABILITY AND INDEMNITY AGREEMENT By signing this Release of Liability and Indemnity Agreement, I acknowledge that I or my child (collectively herein, “I”, “my”, or “me”) have chosen to participate in winter sports activities and/or other recreational activities, including but not limited to alpine skiing, Nordic skiing, snowboarding, snowshoeing, snow tubing, sleigh riding, sledding, snow biking and all other snow sports at Sugar Bowl and/or Royal Gorge (collectively herein, "the Activities"). I understand that my participation in the Activities poses risks of INJURY and DEATH. The risks include, but are not limited to, loss of control, collisions with other skiers or snowboarders, collisions with natural and man-made objects, including trees, rocks, fences, lift towers, snow making equipment, and over-snow vehicles. The risks also include variations in terrain and snow conditions, surface and subsurface snow conditions, bare spots, bumps, moguls, ice, stumps, forest growth and debris, erosion control devices, rocks, cliffs, steep terrain, avalanches, and traveling in the mountains. The risks further include those associated with participating in the Activities beyond the ski area boundary or designated trails and in the backcountry, which pose additional hazards because such areas are not patrolled and are without avalanche control. Other risks include those associated with the use of the facilities, including mountain transportation, lifts, terrain parks, half pipes, and other park features, walking in lodges and parking lots, using rental equipment, and participating in lessons, races, and special events (collectively, “use of the facilities”). Despite these risks and all other risks, and TO THE FULLEST EXTENT ALLOWED BY LAW, I AGREE TO EXPRESSLY ASSUME ALL RISKS OF INJURY OR DEATH that might be associated with or arise out of my participation in the Activities or use of the facilities. I understand that if I enter a terrain park, I must inspect the elements and terrain before I ski or ride over them to evaluate the risks and degree of difficulty before participating. I understand that throughout the day snow conditions and terrain features will change. I am solely responsible for inspecting the features, and knowing and understanding my ability to encounter all terrain features prior to encountering them. In consideration for being permitted to participate in the Activities and to use the facilities, I AGREE TO RELEASE FROM ANY LEGAL LIABILITY AND AGREE NEVER TO SUE Sugar Bowl Corporation, the United States of America, Department of Agriculture, United States Forest Service, Royal Gorge, LLC, Truckee Donner Land Trust, special event organizers, sponsors, and all of their successors, heirs, assigns, directors, officers, partners, investors, shareholders, members, agents, employees, owners, landowners, parent and subsidiary companies, affiliated companies, and equipment manufacturers and suppliers (collectively herein, “Sugar Bowl”) for injury or death resulting from my participation in the Activities or use of the facilities, regardless of the cause, including the alleged NEGLIGENCE of Sugar Bowl. I further AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS Sugar Bowl for any claims, lawsuits, damages, attorney fees, costs or judgments arising out of my participation or my child’s participation in the Activities or use of the facilities. I UNDERSTAND THIS IS A RELEASE OF LIABILITY that will apply whenever I participate in the Activities or use the facilities at Sugar Bowl and/or Royal Gorge. I understand that this RELEASE OF LIABILITY will prevent me, my child, or our heirs from filing suit or making any claim for damages in the event of injury or death from my participation in the Activities or use of the facilities. Additionally, in the event I file or my child or any legal representative files a claim or a lawsuit arising out of my participation in the Activities or the use of the facilities, I AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS Sugar Bowl for any damages, attorney’s fees, or costs arising out of such a claim or a lawsuit. With a full understanding of this agreement, I nevertheless enter into this agreement freely and voluntarily and agree that it is binding upon me, my child, our heirs, assigns and legal representatives. THIS IS A MULTI-PAGE AGREEMENT, DO NOT SIGN IT UNLESS YOU UNDERSTAND IT AND AGREE WITH ITS TERMS. 3 Revised 3/16 By executing this agreement, I declare under penalty of perjury that I am doing so only for myself and/or for persons who have authorized me to do so on their behalf. If I execute this document on behalf of another person, I am acting as the agent for that person, and my execution of the document expressly confirms that I have permission to agree to its terms on the other person’s behalf, and that this Release of Liability and Indemnity Agreement is binding on that person. If I execute this document without the express permission of any other person, I understand and agree that I am committing fraud against Sugar Bowl. If the person on whose behalf I have executed this release brings a claim or lawsuit against Sugar Bowl, I agree to defend, indemnify and hold harmless Sugar Bowl as fully set forth herein. I acknowledge that Sugar Bowl and other participants may photograph or videotape the Activities and facilities. I agree that Sugar Bowl may use these recordings in any way including, but not limited to, for marketing purposes and as evidence in any litigation, without restriction and without compensation to me. I understand that by signing this agreement, I agree to be bound by the terms of the Conditions of Issuance and Indemnification and Release of Liability. I understand and agree that this agreement is severable and if any clause is found to be invalid, the offending clause will be stricken and the balance of the agreement will remain in effect, valid, and enforceable. I agree that any action will be brought in the courts of Placer County, California. Any disputes will be subject to and determined under the laws of the State of California. Signature of Passholder: Date: Prospective Passholders under the age of 18 years are required to have a parent or legal guardian read and sign. Print name of Parent or Legal Guardian Legal Guardian Relationship: Parent Signature of Parent/Legal Guardian: Date issued: Date: Pass #: Issued by: THIS IS A MULTI-PAGE AGREEMENT, DO NOT SIGN IT UNLESS YOU UNDERSTAND IT AND AGREE WITH ITS TERMS. 4
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