Sundance Mountain Resort
Season Pass/S-Card “Pass” Release & Indemnity Agreement
Please do not accept or use Pass unless you are willing to accept the terms herein
Complying with the terms herein is a condition of your use of Sundance Mountain Resort and your Pass.
Sundance Mountain Resort (the “Resort”) strives to maintain the natural pristine mountain environment. The Resort does not mark all hazards or obstacles on the mountain. Pay attention to your surroundings and the mountain environment that you are using. Listed below are some of the rules and recommendations to make everyone’s experience more enjoyable. This is only a partial list; use common sense and good judgment. If you are in doubt, please ask our Ski Patrol.
1. Follow the “Your Responsibility Code” posted throughout the Resort and on our Trail Map.
2. All Pass holders must sign this liability wavier and agree to the following Terms & Conditions, on our website, https://www.sundanceresort.com/wp-content/uploads/2021/07/SEASON-PASS-TERMS-Conditons-Website-2021.pdf before picking up their Pass. If under the age of 18, persons are required to have a parent or Legal Guardian (Responsible Party) read and countersign the agreement.
3. Read the mountain information contained in our Trail Map, on our website, https://www.sundanceresort.com/winter-mountain-safety/, and strictly follow signs posted throughout the resort.
4. Violations of the following may result in legal prosecution and/or loss of Pass and skiing/snowboarding privileges without compensation:
- Skiing/snowboarding too fast, recklessly or beyond your ability.
- Skiing/snowboarding while intoxicated.
- Skiing/snowboarding beyond CLOSED AREA or Ski area boundary signs.
- Swinging or jumping out of chairlifts.
- Abusive or rude language.
- Not following signs, warnings, or instructions.
- Conduct that threatens the safety of guests, employees or Resort property.
- Failure to pay the Resort for goods or services received.
- Engaging in activities for compensation while on the ski area or Resort property, including but not limited to: ski instruction, guiding and soliciting ski students.
5. Consider lessons to improve your understanding and ability.
6. The Pass is the property of the Resort and is not transferable, not refundable, and is not for re-sale except otherwise provided by the Sundance Pass Protection Program (see below). Fraudulent use of Pass or violation of this policy will result in the Pass being confiscated and voided, and may subject the Pass holder and the authorized user to prosecution for theft of services. All privileges under the Pass are granted solely to the person named on the Pass. You are completely responsible for the control and use of the Pass. Use of the Pass by anyone else constitutes fraud and will result in immediate and permanent loss of the Pass and all privileges without compensation and/or criminal prosecution. I agree to voluntarily surrender this Pass at the request of any member of Ski Patrol or the Resort personnel for alleged violations of the terms herein, without any claim for reimbursement of expense or cost.
7. There will be a non-refundable service charge of $35 to replace any Pass if it is lost or stolen and the Resort must be notified in writing within 5 days of the loss. **If S-Card is lost please notify the Resort immediately so the card can be cancelled and not used/charged by someone else. The Pass must be worn in a manner that is visible. If you forget your Pass, a day pass can be issued with identification for $10.
The Pass is valid only during the above ski season for skiing/snowboarding. **The Season Pass ONLY is valid the following summer season for hiking and mountain biking activities and does not authorize any other activity offered by the resort. All passes expire on October 31st of each year.
EACH PASS HOLDER MUST SIGN THE BELOW RELEASE, and a PARENT/LEGAL GUARDIAN MUST SIGN FOR PASS HOLDER UNDER 18 YEARS OF AGE.
Each Season Pass holder must also agree to and sign the Summer Activities Release Agreement as a condition to use of the Resort Facilities and participation in summer activities.
RELEASE & INDEMNITY
PLEASE READ CAREFULLY, YOU ARE GIVING UP RIGHTS IF SIGNED.
By signing this Release, you understand and agree to the terms above incorporated herein.
The Parties agree that this Release shall be interpreted by any court in the broadest fashion and to the fullest extent allowed by law to effectuate the full release of all liability, the indemnity, the express assumption of the risk and/or the covenant not to sue contained herein.
Assumption of the Risk. I, the undersigned, and if I am under 18 years of age, my parent/legal guardian and I (hereafter “I” or “my”) am aware that the Resort exists in a winter mountain environment and use of its facilities and services, including skiing/snowboarding in their various forms, use of the ski lifts/rope tow, runs, parks, surface transportation, parking, events, food services, instruction, lessons, lodges, product liability, and/or the operation of the Resort (the “Activity”), involves the risk of injuries, property damage, and death. Terrain changes, lift towers, snowmaking equipment, snowmobiles, snow-grooming equipment, signs, rocks, gravel, trees, stumps, avalanche, ice, weather, snow conditions, bare spots, equipment failure, getting on/off or riding of ski lifts, slip and falls, collisions with skiers/snowboarders, objects, or other equipment used for the Resort’s operations, failure to ski under control or within one’s ability, are some examples of the risks. I agree that risks exist throughout the Resort, are unmarked, and may occur without warning.
I agree that I assume responsibility for maintaining control at all possible times while engaging in the Activity & for reading, understanding & complying with all signage, including instructions on the use of lifts. I agree that I have the physical dexterity & knowledge to safely load, ride & unload the lifts.
In consideration of the issuance of the Pass, reduced price skiing and use of the ski area, services and facilities, I expressly assume and accept all risks of the Activity, whether or not described above, including any negligence ofSundance Mountain Resort, Storyteller Canyon Property Owner LP, Storyteller Canyon Operating Company, LLC, Sundance Partners, Ltd., Sundance Development Corporation and their respective owners, affiliates, insurance carriers, agents, employees, representatives, assignees, members, partners, officers, directors, and shareholders (collectively the “Released Parties”).
Release of Liability. To the fullest extent allowed by law, and as permitted pursuant to Utah Code Annotated 78B-4-405, I agree to fully release the Released Parties for any and all claims, injuries, death, damages, expenses or loss arising from, caused by or resulting from the Activity, including, the negligence of the Released Parties.
Indemnity. In consideration for my participation in the Activity and use of this Pass, to the fullest extent allowed by law, I agree to indemnify and hold the Released Parties harmless from all claims, damages or injuries arising from my participation in the Activity and from claims of others related to my participation in the Activity, even if the Released Parties were negligent. My obligations include paying all attorneys’ fees, costs, or judgments incurred by the Released Parties as a result of my obligations to indemnify or the breach of this Release. I agree never to file a lawsuit against the Released Parties related to my participation in the Activity even if Sundance was negligent. However, I agree that any lawsuit filed against the Released Parties shall be filed in the Fourth District Court in Utah County, Utah, or the Federal Court for the District of Utah and that I will not seek any “general damages” or “pain and suffering” damages in any lawsuit or claim.
Final And Complete Release. I understand and agree that this release is binding upon my heirs, assigns, successors-in-interest, estate and legal representatives and is a final and complete release. If portions of this release are invalid, then I agree that the remaining portions will remain enforceable. This release shall be effective until October 31st of each year following the ski season of purchase.
Medical Care. I authorize the Resort, at the discretion of any Resort employee, to obtain third party medical care for me and/or transport or arrange to transport me to an appropriate medical facility. I authorize medical care providers to provide emergency medical care to me. I agree to pay all costs associated with such medical treatment and related transportation and waive any right of subrogation against the Resort and/or Released Parties for any medical or transportation expense.
I HAVE READ, UNDERSTOOD, AND HEREBY VOLUNTARILY SIGN THIS RELEASE
Persons under the age of 18 are required to have a Parent or Legal Guardian (Responsible Party)read and countersign this release.
To the fullest extent allowed by law, the Responsible Party individually and on behalf of the minor has read, understood, and expressly agrees to all of the terms of this release. The Responsible Party agrees and acknowledges Responsible Party and minor’s express assumption of risk, release of liability, indemnity and covenants not to sue the Released Parties, including for negligence. The Responsible Party releases all of their rights or claims against the Released Parties including wrongful death damages and agrees to indemnify the Released Parties even if the Released Parties are negligent. The Responsible Party is solely responsible to explain and enforce all rules, including the “Your Responsibility Code,” and to undertake all duties and responsibilities to educate, control, and protect the minor(s) from all of the risks involved in the Activity. The Responsible Party agrees to pay all medical bills and expenses incurred by the minor(s) and waives all rights of subrogation against the Released Parties. The Responsible Party agrees to make all decisions concerning the minor’s participation in the Activity and use of the Resort. The Responsible Party understands and agrees that a minor may use the ski lifts without an adult present or may ride the ski lifts with non-employee guests.