4. Lost or Stolen Pass. If your pass is lost or stolen, you must report it to the Ski Area Operator immediately. A replacement pass will be issued upon payment of a non-refundable fee of $35.00. Replacement passes will not be issued after the second incident of a lost or stolen pass.
5. Sale of Pass Is Final. The sale of the season pass is final, and no refund will be due to the Pass Holder in the event the Ski Area is unable to open or must close for lack of snow. The Pass Holder assumes all risk of a marginal snow year.
6. Duties of Pass Holder When Mountain Biking. If your pass also covers mountain biking, your pass and privileges are conditioned upon your assuming and fulfilling the following duties:
(1) To always ride in control and within your ability and be able to avoid people and objects:
(2) To not ride if your ability is impaired by drugs or alcohol.
(3) To always wear a helmet and other appropriate protective equipment when riding:
(4) Prior to using any lift, to have the knowledge and ability to load, ride and unload safely;
(5) To stay on marked trail, obey all signs and warnings and refrain from riding in closed areas;
(6) To yield to riders ahead of you and to other riders when entering a trail or starting downhill;
(7) To not stop where you obstruct a trail or are not visible to riders above you;
(8) To report to the Bike Patrol or other staff collisions or accidents you witness or are involved in;
(9) To not feed, provoke or approach wildlife
7. Release and Indemnification. To the furthest extent allowed by law, the Pass Holder agrees to fully release the Ski Area Operator, Powder, LLC ( the Ski Area Operator’s lessor), and F&B, LLC (the food and beverage lessee) and their respective managers, members, employees, agents, and contractors (the “Released Parties” hereinafter) from any and all claims for injuries, death, damages, expenses, and losses arising out of (1) the Pass Holder’s skiing and use of aerial passenger tramways, ski runs, trails, parks, racecourses, tubing areas, events, ski instruction, lodges, and other facilities owned or operated by the Released Parties as part of the Ski Area, (2) the negligence of the Ski Area Operator or any other Released Parties, (3) products liability, (4) mountain biking activity of the Pass Holder or (5) any collision with persons or objects or falls of the Pass Holder. To the furthers extent allowed by law, the Pass Holder further agrees to indemnify and defend the Released Parties against any claims arising from the Pass Holder’s skiing, falls, mountain biking, or use of the aerial passenger tramways or other facilities within the Ski Area and from claims of others related to the skiing, mountain biking and conduct of the Pass Holder. The foregoing release and indemnification provisions shall not apply to any statutory duties owed by the Ski Area Operator which the courts determine may not be released or indemnified.
8. Release of photo/video usage. By entering the premises, you consent to the use of your voice, name, and/ or likeness being used. You waive all rights you may have to any claims for payment or royalties in connection with any use, exhibition, streaming, webcasting, televising or other publication of these materials, regardless of the purpose or sponsoring of such use, exhibiting, broadcasting, webcasting or other publication irrespective of whether a fee for admission or sponsorship is charged. You also waive any right to inspect or approve any photo, video or audio recording taken by Ski Area Operator or the person or entity designated to do so by Ski Area Operator