Terms and Conditions of Sale and Deposit and Cancellation Policies

Last Updated: August 27, 2020.

            Please read these terms and conditions (“Terms”) carefully. These Terms (in their entirety) constitute a binding agreement between you and the Vail Corporation, doing business as Vail Resorts Management Company, including its subsidiaries and affiliates (“Vail Resorts”, “we” or “us”). By purchasing a Season Pass or other lift access product you are agreeing to be bound by these Terms.

ADVISORY

SECTION 14 OF THESE TERMS INCLUDES A FORUM SELECTION CLAUSE BY WHICH YOU WILL FORFEIT ANY RIGHTS YOU MAY HAVE TO SELECT A FORUM FOR LITIGATION RELATING TO OR ARISING OUT OF THESE TERMS OTHER THAN THE FORUM SPECIFIED IN THESE TERMS.

SECTION 16 OF THESE TERMS INCLUDES A RELEASE BY WHICH YOU WILL FORFEIT CERTAIN CLAIMS YOU MAY HAVE AGAINST VAIL RESORTS, ITS AFFILIATES, ITS SUBSIDIARIES, OR ITS PARTNERS.

SECTION 17 OF THESE TERMS INCLUDES LIMITATIONS OF LIABILITY BY WHICH YOU WILL FORFEIT ANY RIGHTS TO RECOVER CERTAIN TYPES OF DAMAGES.

SECTION 19 OF THESE TERMS INCLUDES A CLASS ACTION AND JURY WAIVER BY WHICH YOU WILL FORFEIT ANY RIGHTS YOU MAY HAVE TO A JURY TRIAL OR TO BRING A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION RELATING TO OR ARISING OUT OF THESE TERMS.

DEFINITIONS

The following definitions apply to these Terms.

“Fixed Season Pass” means a season pass that gives the holder a fixed number of days to use the pass throughout the season, usually ranging from 1 to 10 days. A list of Fixed Season Passes can be found here.

“General Season Pass” means a season pass that is not limited to a fixed number of days during the season, such as an EPIC Pass or EPIC Local Pass. A list of General Season Passes can be found here.

“Season Pass” or “Pass” means Fixed Season Pass or General Season Pass.

“Partner Resort” means a resort on the list of Partner Resorts found here.

“Vail Resorts Parties” means Vail Resorts and each of its resorts, subsidiaries, affiliates, and their respective officers, directors, employees, contractors, representatives and agents, together with each Partner Resort and their operators, subsidiaries, or affiliates and each of their respective officers, directors, employees, contractors, representatives and agents.

TERMS

1. Resort Operations. Vail Resorts has the right, in its sole and absolute discretion, to operate its resorts, facilities, and amenities in the manner it deems appropriate in its sole and exclusive judgment. Vail Resorts’ right to operate in the manner it deems appropriate includes, but is not limited to, the right to modify, expand, reduce, or cease operations of any resorts, facilities, or amenities at any time and for any period of time, and to implement, from time to time, reduced capacity or reservations systems or other requirements to use your Season Pass or other lift access product.

    

2. No Guarantee. VAIL RESORTS DOES NOT MAKE ANY GUARANTEES WITH RESPECT TO ITS SEASON PASSES OR OTHER LIFT ACCESS PRODUCTS. For example, your purchase of any Season Pass or other lift access product does not guarantee: (a) access to any resorts, facilities, or amenities at any given time or for any number of days or for any minimum number of days; (b) any particular guest experience or your satisfaction with your guest experience at or with any resorts, facilities, or amenities; or (c) your ability to reserve any number of days or minimum number of days when Vail Resorts operates under a reduced capacity or reservation system. Your admission to any resorts, facilities, or amenities is subject to, among other things, capacity constraints and closures. Nothing in these Terms is a commitment by Vail Resorts to keep any resort, facilities, or amenities open for any particular period or amount of time and Vail Resorts reserves right to close any of its resorts, facilities, or amenities in its sole and absolute discretion.

    

3. Reservation Policy. Vail Resorts’ reservation policy for the 2020/2021 season is available at epicpass.com. You acknowledge and agree to be bound by this reservation policy and any future changes to that policy.

    

4. Resort Access. Your access to any resorts, facilities, or amenities varies based on the type of Season Pass or other lift access product you purchased. Your access to any resorts, facilities, or amenities may be subject to additional terms and policies.

    

5. Release of Liability, Assumption of Risks, and Indemnity Agreement. If you purchase a Season Pass or any other lift access product, you agree to sign and be bound by the Release of Liability, Assumption of Risks and Indemnity Agreement. If you do not sign and accept the Release of Liability, Assumption of Risks and Indemnity Agreement, your Season Pass or other lift access product will not be activated and you will not be able to use your Season Pass or other lift access product to access any resorts, facilities, or amenities. You will not be eligible for a refund based on any failure or refusal to sign the Release of Liability, Assumption of Risks and Indemnity Agreement.

    

6. Deposit Policy. If you pay a deposit for a Season Pass, you agree to be bound by the Season Pass Deposit Policy, which is located in Appendix 1.

    

7. Auto-Renew Policy. If you enroll in the annual automatic renewal program for your Season Pass you agree to be bound by the Auto-Renew Policy, which is located in Appendix 2.

    

8. Refund Policy. Vail Resorts’ refund policies differ based on whether you purchased a Season Pass or other lift access product.

    

   1. Season Passes. If you purchase a Season Pass, you agree to be bound by the EPIC Coverage Refund Policy. All Season Passes are NON-REFUNDABLE except as set forth in the EPIC Coverage Refund Policy.

       

   2. Lift Tickets. Each lift ticket product is refundable until two (2) days prior to the first date such lift ticket may be used.

       

9. EPIC Mountain Rewards. The EPIC Mountain Rewards Program is offered by Vail Resorts at its sole and absolute discretion. By purchasing a qualifying Season Pass and participating in the EPIC Mountain Rewards Program, you are agreeing to be bound by the EPIC Mountain Rewards Terms and Conditions. If you do not agree to bound by the EPIC Mountain Rewards Terms and Conditions, you may not participate in the EPIC Mountain Rewards Program.

    

10. Revocation. Vail Resorts may revoke, confiscate, cancel, deactivate, and not re-issue your Season Pass or other lift access product, without providing any refund, if, in the sole and exclusive judgment of Vail Resorts, its Partner Resorts, or the ski area operator, you act in a manner that could endanger the safety or health of any person, violate any law or resort or facility policy, engage in any fraud, misconduct, or malfeasance, create a nuisance, for nonpayment or incomplete payment, or for other good cause.

     

11. Lost or Stolen Pass. You hereby agree and acknowledge that you have an affirmative duty to immediately notify Vail Resorts or the ski area operator and authorities if your Season Pass is lost or stolen and that failure to do so may result in the loss or revocation of your Season Pass and any skiing, snowboarding, riding, or access privileges without any refund.

     

12. Non-Transferable; Not for Resale. All Season Passes and OTHER LIFT ACCESS PRODUCTS are non-TRANSFERABLE and may not be resold, UNLESS EXPRESSLY STATED OTHERWISE IN WRITING.

     

13. Governing Law. These Terms and the relationship between you and Vail Resorts will be governed by the laws of the State of Colorado in the same manner as such laws are applied to agreements made, entered into, and performed entirely in Colorado.

     

14. Forum Selection. All lawsuits relating to or arising out of these Terms will be brought in the Federal or State Courts located in Colorado. We and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose and waive any objection to such courts on any basis, including without limitation improper venue or inconvenience of the forum.

     

15. Time Limitation for Filing Suit. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

     

16. Release; Sole Remedy. You hereby voluntarily and knowingly agree, to the maximum extent permitted by applicable law, to waive, release, and forfeit any and all claims and actions you have or may have against Vail Resorts or any Vail Resorts Parties and any associated losses, damages and expenses (including attorneys’ fees), that relate to, arise out of, or may arise out of the operation of our resorts or Partner Resorts, your inability to use your Season Pass or other lift access product during the season for which it was purchased, or a violation of these Terms or any of other terms or policies referenced herein. Refunds under the EPIC Coverage Refund Policy or pursuant to Section 8.b above, as applicable, are your sole remedy against any of the Vail Resorts Parties in connection with the operation of our resorts or Partner Resorts or your inability to use your Season Pass or other lift access product during the season for which it was purchased.

     

    If you are a California resident, you waive California Civil Code Section 1542, which says: “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.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

     

17. Limitation of Liability. You understand and agree that to the maximum extent permitted under applicabLe law, in no event will ANY OF THE Vail Resorts PARTIES be liable under any theory of liability (whether in contract, tort, statutory, or otherwise) for any direct, indirect, incidental, special, consequential, personal injury/wrongful death, punitive, or exemplary damages (Even if SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING BUT NOT LIMITED TO AS A RESULT OF: (A) THE OPERATION OF OUR RESORTS OR PARTNER RESORTS, INCLUDING THE OPERATION OF RESERVATION OR REDUCED CAPACITY SYSTEMS, (B) YOUR USE OF OR INABILITY TO USE ANY SEASON PASS OR OTHER LIFT ACCESS PRODUCT, OR (C) ANY VIOLATION BY US OF these TERMS OR OTHER TERMS OR POLICIES REFERENCED HEREIN, INCLUDING THE EPIC COVERAGE REFUND POLICY. NOTWITHSTANDING THE FOREGOING, SUCH LIABILITY WILL NOT IN THE AGGREGATE EXCEED THE AMOUNT YOU PAID FOR THE SEASON PASS OR OTHER LIFT ACCESS PRODUCT YOU PURCHASED.

     

18. Liability Exclusions and Limitations. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, limit our liabilities, the extent of liability of Vail Resorts or the Vail Resorts Parties will be the minimum permitted under such applicable law. We disclaim any warranties to the maximum extent permitted under applicable law.
19. Class Action and Jury Waiver. You may only resolve disputes RELATING TO OR arising out of these Terms with us on an individual basis and may not bring and expressly waive the right to bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class action, private attorney general actions, and consolidation with other actions are not allowed. You hereby waive your right to a jury trial in any claim or cause of action RELATING TO OR arising out of these Terms.

     

20. Electronic Communications Notice. You agree to provide a valid email address for the express purpose of receiving communications regarding this transaction. You understand this may be the only manner by which you will receive such communications. When you use our website or send emails to us, you are communicating with us electronically. You consent to receiving communications from us electronically. We may communicate with you by email or posting notices on the applicable website. You agree that all agreements and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. In order to access any such communications, you must have a computer or other Internet-enabled device. In order to retain copies of any such communications, you must have a printer or data storage device. If you have a printer, you may print paper copies of any such communications for your own use. If you wish to withdraw your consent for us to communicate with you electronically, you may not use our website.

     

21. Severability. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to our intentions as reflected in the provision, and that the other provisions of these Terms remain in full force and effect.

     

22. Modifications. Our customer service representatives are not authorized to modify any provision of these Terms, either verbally or in writing.

     

23. Questions. If you have any questions regarding these Terms, please visit epicpass.com and view our FAQs, visit snow.com for our latest updates, or email us at comments@vailresorts.com.

  2020/2021 SEASON PASS

DEPOSIT POLICY

            If you pay a deposit towards the purchase of a Season Pass, you agree to be bound by this Season Pass Deposit Policy:

1. I UNDERSTAND AND AGREE THAT BY PAYING THE $49 DEPOSIT, I AM COMMITTING TO BUY A SEASON PASS FOR THE 2020/2021 SEASON. I FURTHER UNDERSTAND AND AGREE THAT THIS $49 PAYMENT IS NON-REFUNDABLE EXCEPT AS SET FORTH IN THE EPIC Coverage Refund Policy.

    

2. I agree the credit card provided will be authorized for the remaining balance of the Season Pass product purchased. The remaining balance will be automatically charged to my credit card on or around September 15, 2020. In the event the total price of the Season Pass product is lowered prior to the start of the 2020/2021 season, the remaining balance due will be reduced by the amount by which the total price is lowered.

    

3. I agree to provide a valid email address for the express purpose of receiving communications regarding this transaction. I understand this is the only manner by which I will receive such communications.

    

4. I agree that THIS PASS IS NON-REFUNDABLE except as set forth in the EPIC Coverage Refund Policy. Once the $49 deposit payment has been made, the $49 deposit payment cannot be cancelled or refunded, nor can the pass purchase be cancelled or refunded except as set forth in the EPIC Coverage Refund Policy.

    

5. I AGREE THAT THIS PASS IS NON-TRANSFERABLE AND MAY NOT BE RESOLD, UNLESS EXPRESSLY STATED OTHERWISE IN WRITING.

Other restrictions may apply. For complete details on restrictions, reservations, and blackout dates please visit epicpass.com or ask a sales representative. Child is defined as 5-12. Teen is defined as 13-18. Adult is defined as 13+ (if no teen product) or 19+. For questions, call 970.754.0008 or visit epicpass.com.