Common use of BE ADVISED Clause in Contracts

BE ADVISED. You must sign this Agreement to purchase the Pass at a discounted price from the day ticket price or to participate in certain Activities at a Resort. The Pass does not guarantee access to a Resort for a minimum or a maximum number of days in each season or that a Resort will be open for a minimum or a maximum number of days each season. Use of the Pass to access a Resort is subject to, among other things, the Resort being open and having the capability and/or capacity to grant access. Each Resort reserves the right to close or limit access to the Resort for weather, safety, or any other reason at its sole discretion with or without notice during each season. I understand, accept and agree that use of the Pass is subject to the length and occurrence of each season, which may be affected by weather, weather-related events, travel advisories, public health or government order, or any other event or occurrence that limits or prohibits a Resort from its full or partial operations. I understand, accept and agree that the Pass is for the sole use of the individual to whom it is issued, that such individual’s likeness, name, and/or other specific information will be associated with the Pass account and visible to Resort staff, and that the Pass is NOT TRANSFERABLE, CANNOT BE USED BY ANYONE OTHER THAN THE INDIVIDUAL TO WHOM IT IS ISSUED and CANNOT BE RESOLD. I also understand, accept and agree that my Pass may be confiscated, revoked or suspended, if, in the sole judgment and discretion of a Resort or Alterra Mountain Company, I act in any manner that endangers or may endanger the safety of me or another person; I violate the law or Resort policy; or I provide ski/snowboard lessons, guided tours, or other services at the Resort for compensation without the Resort’s prior express authorization; I use the Pass in a fraudulent manner; or I engage in misconduct, abuse Resort staff or other participants, or create a disturbance or nuisance; or I revoke this Agreement. I further understand, accept and agree that such acts may also be prosecuted as a criminal offense, as applicable. I acknowledge the affirmative duty to immediately notify the issuer if my Pass is lost or stolen. AGREEMENT EFFECTIVE UNTIL REVOKED I UNDERSTAND, ACCEPT AND AGREE THAT THIS AGREEMENT WILL REMAIN IN EFFECT UNTIL I PROVIDE WRITTEN REVOCATION TO EACH APPLICABLE RESORT OR TO IKON PASS, INC., IF THE REVOCATION IS INTENDED TO APPLY TO ALL RESORTS, AND THE REVOCATION IS COUNTERSIGNED BY AN AUTHORIZED SIGNATORY OF EACH APPLICABLE RESORT OR IKON PASS, INC., IF THE REVOCATION IS INTENDED TO APPLY TO ALL RESORTS. THIS AGREEMENT CANNOT BE MODIFIED. I UNDERSTAND THAT THIS AGREEMENT WILL APPLY TO EACH DAY AND EACH SEASON THAT I OR ANY RELEASOR ACCESS A RESORT AND TO EACH ACTIVITY THAT I OR ANY RELEASOR PARTICIPATE IN AT A RESORT WITHOUT REQUIRING ME OR ANY RELEASOR TO SIGN AN ADDITIONAL AGREEMENT. ACKNOWLEDGMENT OF DANGERS AND RISKS I understand, accept and agree that participation in Activities, including the use of Equipment, is HAZARDOUS and involves risks of bodily injury that may include serious permanent disability or death. I acknowledge and accept all dangers and risks associated with the Activities, including the use of Equipment, whether or not expressly listed in this Agreement, whether or not known and unknown to me, or whether or not they are inherent risks of the Activities, including the use of Equipment. UNDERSTANDING AND ACCEPTING ALL DANGERS AND RISKS, I VOLUNTARILY CHOOSE TO PARTICIPATE IN THE ACTIVITIES, INCLUDING THE USE OF EQUIPMENT, OR VOLUNTARILY CHOOSE TO ALLOW ANY RELEASOR TO PARTICIPATE IN THE ACTIVITIES, INCLUDING THE USE OF EQUIPMENT. I understand, accept and agree that the Activities involve numerous dangers and risks including unpredictable or variable snow or weather conditions; extreme cold; frostbite; hypothermia; high elevation; wildlife and domestic animal encounters; exposure to the elements; lack of shelter; trees, stumps, branches, and limbs; tree xxxxx; marked and unmarked obstacles; natural or artificial features, objects, or debris; snow immersion; deep snow conditions; slush; ice; bare spots; unstable ice and snow (including but not limited to snow slides and avalanches); changes or variations in terrain or snow conditions; surface and subsurface conditions; open water hazards; rugged mountainous terrain; cliffs; ravines; collisions with other skiers, snowboarders and participants, snowmobiles, snowmaking and snow-grooming equipment or other vehicles, property or structures; operation of snowmaking equipment which may create blind spots or areas of reduced visibility; acts of other skiers, snowboarders and participants; carelessness and misjudgments on the part of other participants, Releasors, or Resort staff, including failure to follow applicable rules, policies and procedures; use of gondolas, chairlifts, rope or other tows, moving carpets, or any other conveyance which may involve entanglement with equipment, objects, or other skier, snowboarder participant, or other individual, errors in loading/unloading, and equipment malfunction or breakdown; slick or uneven walking surfaces. I understand, affirm and agree that: (i) I have the physical fitness and dexterity and the knowledge required to safely load, ride and unload the gondolas, chairlifts, rope or other tows, moving carpets or any other conveyances; (ii) falls, collisions and injuries are a common and ordinary occurrence of the Activities; (iii) I shall obey all signs, markings, ropes and warnings posted at the Resort and all applicable laws and regulations; (iv) entering or skiing or snowboarding in a “CLOSED” area may be illegal and/or result in revocation or suspension of the Pass or lift ticket; (v) skiing or snowboarding off of designated trails may be more dangerous to me and others than skiing or snowboarding on designated trails; (vi) there are risks involved in decision-making and conduct of others including risks involved with rescue operations and medical care conducted or provided by Resort staff or third parties inside or outside of Resort boundaries, risks associated with decision-making by Resort staff to open and close terrain, and the risk that Resort staff may misjudge weather, trail or snow conditions, route/terrain selection, or limitations of Releasor’s abilities that may make a certain aspect of the Activity inappropriate for the Releasor; and (vii) I will exercise caution around and will avoid snowmobiles, sno-cats, snowmaking and snow-grooming equipment, vehicles, structures, signs, immovable objects or other property that I may encounter at any time. Further, I accept the responsibility to maintain deliberate and conscious control and to take precautions to avoid hazards at all times while skiing, snowboarding or participating in other Activities. If applicable, I agree to read to, or to have Minor or other Releasors read, and to explain to Minor or other Releasors, if necessary, all posted Resort policies, signs, markings, and warnings including instructions on the use of gondolas, chairlifts, rope or other tows, moving carpets or any other conveyances.

BE ADVISED. You must sign this Agreement to purchase the a Pass at a discounted price from the day ticket price or to participate in certain Activities at a Resortsome Resorts. The Pass does not guarantee access to a Resort for a minimum or a maximum number of days in each season or that a Resort will be open for a minimum or a maximum number of days each season. Use of the Pass to access a Resort is subject to, among other things, the Resort being open and having the capability and/or capacity to grant access. Each Resort reserves the right to close or limit access to the Resort for weather, safety, or any other reason at its sole discretion with or without notice during each season. I understand, accept and agree that use of the Pass is subject to the length and occurrence of each season, which may be affected by weather, weather-weather- related events, travel advisories, public health or government order, or any other event or occurrence that limits or prohibits a Resort from its full or partial operations. I understand, accept and agree that the Pass is for the sole use of the individual to whom it is issued, that such individual’s likeness, name, and/or other specific information will be associated with the Pass account and visible to Resort staff, and that the Pass is NOT TRANSFERABLE, CANNOT BE USED BY ANYONE OTHER THAN THE INDIVIDUAL TO WHOM IT IS ISSUED and CANNOT BE RESOLD. I also understand, accept and agree that my the Pass may be confiscated, revoked or suspendedsuspended at any or all of the Resorts, if, in the sole judgment and discretion of a Resort or Alterra Mountain Company, I act in any manner that endangers or may endanger the safety of me or another person; I violate the law or Resort policy; or I provide ski/snowboard lessons, guided tours, or other services at the Resort for compensation without the Resort’s prior express authorization; I use the Pass in a fraudulent manner; or I engage in misconduct, abuse Resort staff or other participants, or create a disturbance or nuisance; or I revoke this Agreement. I further understand, accept and agree that such acts may also be prosecuted beprosecuted as a criminal offense, as applicable. I acknowledge the affirmative duty to immediately notify the issuer if my Pass is lost or stolen. I understand, accept and agree that if I or any Releasor is involved in, or witnesses, a collision or other incident at the Resort, the Resort may disclose my and/or the relevant Releasor’s name and contact information to third parties involved in the collision or incident, including the investigation, treatment and adjudication thereof. If consent is required, I or any Releasor expressly consent to such disclosure, and I or any Releasor hereby waive any and all claims against Resort that I or any Releasor did not consent to such disclosure. AGREEMENT EFFECTIVE UNTIL REVOKED I UNDERSTAND, ACCEPT UNDERSTAND AND AGREE THAT THIS AGREEMENT WILL REMAIN IN EFFECT UNTIL I PROVIDE WRITTEN REVOCATION TO EACH APPLICABLE RESORT REVOKED IN WRITING BY ME OR TO IKON PASS, INC., IF BY THE REVOCATION IS INTENDED TO APPLY TO ALL RESORTS, RELEASORS AND THE REVOCATION IS COUNTERSIGNED BY AN AUTHORIZED SIGNATORY OF EACH APPLICABLE RESORT OR IKON PASS, INC., IF THE REVOCATION IS INTENDED TO APPLY TO ALL RESORTSA RESORT. THIS AGREEMENT CANNOT BE MODIFIED. I UNDERSTAND AND AGREE THAT THIS AGREEMENT WILL APPLY TO EACH DAY AND EACH SEASON THAT EVERY TIME I OR ANY RELEASOR ACCESS A RESORT AND TO EACH ENGAGES IN AN ACTIVITY THAT I OR ANY RELEASOR PARTICIPATE IN AT A RESORT WITHOUT REQUIRING ME OR ANY RELEASOR TO SIGN AN ADDITIONAL AGREEMENT. ACKNOWLEDGMENT OF DANGERS AND RISKS I understand, accept and agree that participation in the Activities, including the use of Equipment, is HAZARDOUS and involves risks of bodily physical injury that may include serious permanent disability or death. I acknowledge and accept all dangers and risks associated with the Activities, including the use of Equipment, whether or not expressly listed in this Agreement, whether known or not known and unknown to me, or whether or not they are inherent risks of the Activities, including the use of Equipment. UNDERSTANDING AND ACCEPTING ALL DANGERS AND RISKS, I VOLUNTARILY CHOOSE TO PARTICIPATE IN THE ACTIVITIES, INCLUDING THE USE OF EQUIPMENT, EQUIPMENT AND/OR VOLUNTARILY CHOOSE TO ALLOW ANY RELEASOR RELEASORS TO PARTICIPATE TAKE PART IN THE ACTIVITIES, INCLUDING THE USE OF EQUIPMENT. I understand, accept and agree that all Activities at the Resort and especially those Activities conducted in a high alpine environment, involve numerous dangers and risks including unpredictable or variable snow or that can lead to serious injury and even death. Such dangers and risks include reduced oxygen in the air; rapidly changing weather conditions; extreme cold; frostbite; hypothermia; high elevation; wildlife and domestic animal encounters; exposure to the elementssun, rain, snow, hail and lightning; floods; landslides; open water hazards; lack of shelter; encounters with wildlife, insects or poisonous plants; natural or humanmade features or structures; steep inclines and declines; uneven and varying slopes and terrain; rocks of various sizes; trees, stumps, branches, and limbs; tree xxxxxexposed roots; marked and unmarked obstacles; natural or artificial features, objects, or debris; snow immersion; deep snow conditions; slush; ice; bare spots; unstable ice and snow (including but not limited to snow slides and avalanches); changes or variations in terrain or snow conditions; surface and subsurface conditions; open water hazards; rugged mountainous terraindowned timber; cliffs; ravinesholes and potholes; surface depressions; wet and/or slippery surfaces and features; dirt features and other constructed features including bridges, ramps, ladders, bumps, berms, jumps, gaps, drops, wall rides and elevated stunts; negligent design and/or construction of features and trails; debris on tracks or trails; failure or malfunction of Equipment including brake devices; trips, slips and falls; collisions with other skiersvehicles, snowboarders and participantsstructures, snowmobilesfeatures, snowmaking and snow-grooming equipment or other vehicles, property or structures; operation of snowmaking equipment which may create blind spots or areas of reduced visibility; acts of other skiers, snowboarders and participants; carelessness and misjudgments on the part of other participantsflying disks, Releasorsgolf balls, or Resort staffother objects; being hit by a drone; being hit by a gondola cabin or chair; loss of balance or control; falling objects; falling from platforms, including failure to follow applicable rulescables, policies and procedures; use of trams, gondolas, chairlifts, rope or other tows, moving carpets, or chairlifts and any other conveyance which may involve entanglement with equipmentor structure; climbing ladders or other vertical structures; falling off the wall or ropes; loose or damaged hand or toe holds; failure or malfunction of ropes, objectscables, or other skiergear or devices including broken ropes or cables, snowboarder participanttethers, pulleys, and harnesses; becoming lost or separated from Resort staff or other individualparticipants; vertigo; water immersion, errors in loading/unloadingdrowning, hypothermia; overexertion; dehydration; sun xxxxx, sun stroke, skin xxxxx and equipment malfunction abrasions; cuts, infection, fatigue, strains, fractures, activation or breakdownaggravation of pre-existing physical injuries, conditions or congenital anomalies; slick or uneven walking surfacesand risks involved with rescue operations and/or medical care conducted by Resort staff. I understand, affirm and agree that: (i) I have the physical fitness and dexterity and the knowledge required to safely load, ride and unload the trams, gondolas, chairlifts, rope or other tows, moving carpets or any other conveyances; (ii) falls, collisions and injuries are a common and ordinary occurrence of the Activities; (iii) I shall obey all signs, markings, ropes and warnings posted at the Resort and all applicable laws and regulations; (iv) entering or skiing or snowboarding in a “CLOSED” area may be illegal and/or result in revocation or suspension of the Pass or lift ticket; (v) skiing or snowboarding off of designated trails may be more dangerous to me and others than skiing or snowboarding on designated trails; (vi) there are risks involved in decision-making and conduct of others including risks involved with rescue operations and medical care conducted or provided by Resort staff or third parties inside or outside of Resort boundaries, risks associated with decision-making by Resort staff to open and close terrain, and the risk that Resort staff may misjudge weather, trail or snow conditions, route/terrain selection, or limitations of Releasor’s abilities that may make a certain aspect of the Activity inappropriate for the Releasor; and (vii) I will exercise caution around and will avoid snowmobiles, sno-cats, snowmaking and snow-grooming equipment, vehicles, structures, signs, immovable objects or other property that I may encounter at any time. Further, I accept the responsibility to maintain deliberate and conscious control and to take precautions to avoid hazards at all times while skiing, snowboarding or participating in other Activities. If applicable, I agree to read to, or to have Minor or other Releasors read, and to explain to Minor or other Releasors, if necessary, all posted Resort policies, signs, markings, and warnings including instructions on the use of gondolas, chairlifts, rope or other tows, moving carpets or any other conveyances.;

BE ADVISED. You must sign this Agreement to purchase the a Pass at a discounted price from the day ticket price or to participate in certain Activities at a Resortsome Resorts. The Pass does not guarantee access to a Resort for a minimum or a maximum number of days in each season or that a Resort will be open for a minimum or a maximum number of days each season. Use of the Pass to access a Resort is subject to, among other things, the Resort being open and having the capability and/or capacity to grant access. Each Resort reserves the right to close or limit access to the Resort for weather, safety, or any other reason at its sole discretion with or without notice during each season. I understand, accept and agree that use of the Pass is subject to the length and occurrence of each season, which may be affected by weather, weather-weather- related events, travel advisories, public health or government order, or any other event or occurrence that limits or prohibits a Resort from its full or partial operations. I understand, accept and agree that the Pass is for the sole use of the individual to whom it is issued, that such individual’s likeness, name, and/or other specific information will be associated with the Pass account and visible to Resort staff, and that the Pass is NOT TRANSFERABLE, CANNOT BE USED BY ANYONE OTHER THAN THE INDIVIDUAL TO WHOM IT IS ISSUED and CANNOT BE RESOLD. I also understand, accept and agree that my the Pass may be confiscated, revoked or suspended, if, in the sole judgment and discretion of a Resort or Alterra Mountain Company, I act in any manner that endangers or may endanger the safety of me or another person; I violate the law or Resort policy; or I provide ski/snowboard lessons, guided tours, or other services at the Resort for compensation without the Resort’s prior express authorization; I use the Pass in a fraudulent manner; or I engage in misconduct, abuse Resort staff or other participants, or create a disturbance or nuisance; or I revoke this Agreement. I further understand, accept and agree that such acts may also be prosecuted as a criminal offense, as applicable. I acknowledge the affirmative duty to immediately notify the issuer if my Pass is lost or stolen. AGREEMENT EFFECTIVE UNTIL REVOKED I UNDERSTAND, ACCEPT UNDERSTAND AND AGREE THAT THIS AGREEMENT WILL REMAIN IN EFFECT UNTIL I PROVIDE WRITTEN REVOCATION TO EACH APPLICABLE RESORT REVOKED IN WRITING BY ME OR TO IKON PASS, INC., IF BY THE REVOCATION IS INTENDED TO APPLY TO ALL RESORTS, RELEASORS AND THE REVOCATION IS COUNTERSIGNED BY AN AUTHORIZED SIGNATORY OF EACH APPLICABLE RESORT OR IKON PASS, INC., IF THE REVOCATION IS INTENDED TO APPLY TO ALL RESORTSA RESORT. THIS AGREEMENT CANNOT BE MODIFIED. I UNDERSTAND AND AGREE THAT THIS AGREEMENT WILL APPLY TO EACH DAY AND EACH SEASON THAT EVERY TIME I OR ANY RELEASOR ACCESS A RESORT AND TO EACH ENGAGES IN AN ACTIVITY THAT I OR ANY RELEASOR PARTICIPATE IN AT A RESORT WITHOUT REQUIRING ME OR ANY RELEASOR TO SIGN AN ADDITIONAL AGREEMENT. ACKNOWLEDGMENT OF DANGERS AND RISKS I understand, accept and agree that participation in the Activities, including the use of Equipment, is HAZARDOUS and involves risks of bodily physical injury that may include serious permanent disability or death. I acknowledge and accept all dangers and risks associated with the Activities, including the use of Equipment, whether or not expressly listed in this Agreement, whether or not known and unknown to me, or whether or not they are inherent risks of the Activities, including the use of Equipment. UNDERSTANDING AND ACCEPTING ALL DANGERS AND RISKS, I VOLUNTARILY CHOOSE TO PARTICIPATE IN THE ACTIVITIES, INCLUDING THE USE OF EQUIPMENT, EQUIPMENT AND/OR VOLUNTARILY CHOOSE TO ALLOW ANY RELEASOR RELEASORS TO PARTICIPATE TAKE PART IN THE ACTIVITIES, INCLUDING THE USE OF EQUIPMENT. I understand, accept and agree that all Activities at the Resort and especially those Activities conducted in a high alpine environment, involve numerous dangers and risks including unpredictable or variable snow or that can lead to serious injury and even death. Such dangers and risks include reduced oxygen in the air; rapidly changing weather conditions; extreme cold; frostbite; hypothermia; high elevation; wildlife and domestic animal encounters; exposure to the elementssun, rain, snow, hail and lightning; floods; landslides; open water hazards; lack of shelter; encounters with wildlife, insects or poisonous plants; natural or humanmade features or structures; steep inclines and declines; uneven and varying slopes and terrain; rocks of various sizes; trees, stumps, branches, and limbs; tree xxxxxexposed roots; marked and unmarked obstacles; natural or artificial features, objects, or debris; snow immersion; deep snow conditions; slush; ice; bare spots; unstable ice and snow (including but not limited to snow slides and avalanches); changes or variations in terrain or snow conditions; surface and subsurface conditions; open water hazards; rugged mountainous terraindowned timber; cliffs; ravinesholes and potholes; surface depressions; wet and/or slippery surfaces and features; dirt features and other constructed features including bridges, ramps, ladders, bumps, berms, jumps, gaps, drops, wall rides and elevated stunts; negligent design and/or construction of features and trails; debris on tracks or trails; failure or malfunction of Equipment including brake devices; trips, slips and falls; collisions with other skiersvehicles, snowboarders and participantsstructures, snowmobilesfeatures, snowmaking and snow-grooming equipment or other vehicles, property or structures; operation of snowmaking equipment which may create blind spots or areas of reduced visibility; acts of other skiers, snowboarders and participants; carelessness and misjudgments on the part of other participantsflying disks, Releasorsgolf balls, or Resort staffother objects; being hit by a drone; being hit by a gondola cabin or chair; loss of balance or control; falling objects; falling from platforms, including failure to follow applicable rulescables, policies and procedures; use of gondolas, chairlifts, rope or other tows, moving carpets, or chairlifts and any other conveyance which may involve entanglement with equipmentor structure; climbing ladders or other vertical structures; falling off the wall or ropes; loose or damaged hand or toe holds; failure or malfunction of ropes, objectscables, or other skiergear or devices including broken ropes or cables, snowboarder participanttethers, pulleys, and harnesses; becoming lost or separated from Resort staff or other individualparticipants; vertigo; water immersion, errors in loading/unloadingdrowning, hypothermia; overexertion; dehydration; sun xxxxx, sun stroke, skin xxxxx and equipment malfunction abrasions; cuts, infection, fatigue, strains, fractures, activation or breakdownaggravation of pre-existing physical injuries, conditions or congenital anomalies; slick or uneven walking surfacesand risks involved with rescue operations and/or medical care conducted by Resort staff. I understand, affirm and agree that: (i) I have the physical fitness and dexterity and the knowledge required to safely load, ride and unload the gondolas, chairlifts, rope or other tows, moving carpets or any other conveyances; (ii) falls, collisions and injuries are a common and ordinary occurrence of the Activities; (iii) I shall obey all signs, markings, ropes and warnings posted at the Resort and all applicable laws and regulations; (iv) entering or skiing or snowboarding in a “CLOSED” area may be illegal and/or result in revocation or suspension of the Pass or lift ticket; (v) skiing or snowboarding off of designated trails may be more dangerous to me and others than skiing or snowboarding on designated trails; (vi) there are risks involved in decision-making and conduct of others including risks involved with rescue operations and medical care conducted or provided by Resort staff or third parties inside or outside of Resort boundaries, risks associated with decision-making by Resort staff to open and close terrain, and the risk that Resort staff may misjudge weather, trail or snow conditions, route/terrain selection, or limitations of Releasor’s abilities that may make a certain aspect of the Activity inappropriate for the Releasor; and (vii) I will exercise caution around and will avoid snowmobiles, sno-cats, snowmaking and snow-grooming equipment, vehicles, structures, signs, immovable objects or other property that I may encounter at any time. Further, I accept the responsibility to maintain deliberate and conscious control and to take precautions to avoid hazards at all times while skiing, snowboarding or participating in other Activities. If applicable, I agree to read to, or to have Minor or other Releasors read, and to explain to Minor or other Releasors, if necessary, all posted Resort policies, signs, markings, and warnings including instructions on the use of gondolas, chairlifts, rope or other tows, moving carpets or any other conveyances.;

BE ADVISED. You must sign this Agreement to purchase the Pass at a discounted price from the day ticket price or to participate in certain Activities at a Resort. The Pass does not guarantee access to a Resort for a minimum or a maximum number of days in each season or that a Resort will be open for a minimum or a maximum number of days each season. Use of the Pass to access a Resort is subject to, among other things, the Resort being open and having the capability and/or capacity to grant access. Each Resort reserves the right to close or limit access to the Resort for weather, safety, or any other reason at its sole discretion with or without notice during each season. I understand, accept and agree that use of the Pass is subject to the length and occurrence of each season, which may be affected by weather, weather-related events, travel advisories, public health or government order, or any other event or occurrence that limits or prohibits a Resort from its full or partial operations. I understand, accept and agree that the Pass is for the sole use of the individual to whom it is issued, that such individual’s likeness, name, and/or other specific information will be associated with the Pass account and visible to Resort staff, and that the Pass is NOT TRANSFERABLE, CANNOT BE USED BY ANYONE OTHER THAN THE INDIVIDUAL TO WHOM IT IS ISSUED and CANNOT BE RESOLD. I also understand, accept and agree that my Pass may be confiscated, revoked or suspended, if, in the sole judgment and discretion of a Resort or Alterra Mountain Company, I act in any manner that endangers or may endanger the safety of me or another person; I violate the law or Resort policy; or I provide ski/snowboard lessons, guided tours, or other services at the Resort for compensation without the Resort’s prior express authorization; I use the Pass in a fraudulent manner; or I engage in misconduct, abuse Resort staff or other participants, or create a disturbance or nuisance; or I revoke this Agreement. I further understand, accept and agree that such acts may also be prosecuted as a criminal offense, as applicable. I acknowledge the affirmative duty to immediately notify the issuer if my Pass is lost or stolen. AGREEMENT EFFECTIVE UNTIL REVOKED I UNDERSTAND, ACCEPT AND AGREE THAT THIS AGREEMENT WILL REMAIN IN EFFECT UNTIL I PROVIDE WRITTEN REVOCATION TO EACH APPLICABLE RESORT OR TO IKON PASS, INC.RESORT, IF THE REVOCATION IS INTENDED TO APPLY TO ALL RESORTS, AND THE REVOCATION IS COUNTERSIGNED BY AN AUTHORIZED SIGNATORY OF EACH APPLICABLE RESORT OR IKON PASS, INC.RESORT, IF THE REVOCATION IS INTENDED TO APPLY TO ALL RESORTS. THIS AGREEMENT CANNOT BE MODIFIED. I UNDERSTAND THAT THIS AGREEMENT WILL APPLY TO EACH DAY AND EACH SEASON THAT I OR ANY RELEASOR ACCESS A RESORT AND TO EACH ACTIVITY THAT I OR ANY RELEASOR PARTICIPATE IN AT A RESORT WITHOUT REQUIRING ME OR ANY RELEASOR TO SIGN AN ADDITIONAL AGREEMENT. ACKNOWLEDGMENT OF DANGERS AND RISKS I understand, accept and agree that participation in Activities, including the use of Equipment, is HAZARDOUS and involves risks of bodily injury that may include serious permanent disability or death. I acknowledge and accept all dangers and risks associated with the Activities, including the use of Equipment, whether or not expressly listed in this Agreement, whether or not known and unknown to me, or whether or not they are inherent risks of the Activities, including the use of Equipment. UNDERSTANDING AND ACCEPTING ALL DANGERS AND RISKS, I VOLUNTARILY CHOOSE TO PARTICIPATE IN THE ACTIVITIES, INCLUDING THE USE OF EQUIPMENT, OR VOLUNTARILY CHOOSE TO ALLOW ANY RELEASOR TO PARTICIPATE IN THE ACTIVITIES, INCLUDING THE USE OF EQUIPMENT. I understand, accept and agree that the Activities involve numerous dangers and risks including unpredictable or variable snow or weather conditions; extreme cold; frostbite; hypothermia; high elevation; wildlife and domestic animal encounters; exposure to the elements; lack of shelter; trees, stumps, branches, and limbs; tree xxxxx; marked and unmarked obstacles; natural or artificial features, objects, or debris; snow immersion; deep snow conditions; slush; ice; bare spots; unstable ice and snow (including but not limited to snow slides and avalanches); changes or variations in terrain or snow conditions; surface and subsurface conditions; open water hazards; rugged mountainous terrain; cliffs; ravines; collisions with other skiers, snowboarders and participants, snowmobiles, snowmaking and snow-grooming equipment or other vehicles, property or structures; operation of snowmaking equipment which may create blind spots or areas of reduced visibility; acts of other skiers, snowboarders and participants; carelessness and misjudgments on the part of other participants, Releasors, or Resort staff, including failure to follow applicable rules, policies and procedures; use of gondolas, chairlifts, rope or other tows, moving carpets, or any other conveyance which may involve entanglement with equipment, objects, or other skier, snowboarder participant, or other individual, errors in loading/unloading, and equipment malfunction or breakdown; slick or uneven walking surfaces. I understand, affirm and agree that: (i) I have the physical fitness and dexterity and the knowledge required to safely load, ride and unload the gondolas, chairlifts, rope or other tows, moving carpets or any other conveyances; (ii) falls, collisions and injuries are a common and ordinary occurrence of the Activities; (iii) I shall obey all signs, markings, ropes and warnings posted at the Resort and all applicable laws and regulations; (iv) entering or skiing or snowboarding in a “CLOSED” area may be illegal and/or result in revocation or suspension of the Pass or lift ticket; (v) skiing or snowboarding off of designated trails may be more dangerous to me and others than skiing or snowboarding on designated trails; (vi) there are risks involved in decision-making and conduct of others including risks involved with rescue operations and medical care conducted or provided by Resort staff or third parties inside or outside of Resort boundaries, risks associated with decision-making by Resort staff to open and close terrain, and the risk that Resort staff may misjudge weather, trail or snow conditions, route/terrain selection, or limitations of Releasor’s abilities that may make a certain aspect of the Activity inappropriate for the Releasor; and (vii) I will exercise caution around and will avoid snowmobiles, sno-cats, snowmaking and snow-snow- grooming equipment, vehicles, structures, signs, immovable objects or other property that I may encounter at any time. Further, I accept the responsibility to maintain deliberate and conscious control and to take precautions to avoid hazards at all times while skiing, snowboarding or participating in other Activities. If applicable, I agree to read to, or to have Minor or other Releasors read, and to explain to Minor or other Releasors, if necessary, all posted Resort policies, signs, markings, and warnings including instructions on the use of gondolas, chairlifts, rope or other tows, moving carpets or any other conveyances.

BE ADVISED. You must sign this Agreement to purchase the Pass at a discounted price from the day ticket price or to participate in certain Activities at a Resort. The Pass does not guarantee access to a Resort for a minimum or a maximum number of days in each season or that a Resort will be open for a minimum or a maximum number of days each season. Use of the Pass to access a Resort is subject to, among other things, the Resort being open and having the capability and/or capacity to grant access. Each Resort reserves the right to close or limit access to the Resort for weather, safety, or any other reason at its sole discretion with or without notice during each season. I understand, accept and agree that use of the Pass is subject to the length and occurrence of each season, which may be affected by weather, weather-related events, travel advisories, public health or government order, or any other event or occurrence that limits or prohibits a Resort from its full or partial operations. I understand, accept and agree that the Pass is for the sole use of the individual to whom it is issued, that such individual’s likeness, name, and/or other specific information will be associated with the Pass account and visible to Resort staff, and that the Pass is NOT TRANSFERABLE, CANNOT BE USED BY ANYONE OTHER THAN THE INDIVIDUAL TO WHOM IT IS ISSUED and CANNOT BE RESOLD. I also understand, accept and agree that my the Pass may be confiscated, revoked or suspendedsuspended at any or all Resorts, if, in the sole judgment and discretion of a Resort or Alterra Mountain Company, I act in any manner that endangers or may endanger the safety of me or another person; I violate the law or Resort policy; I organize or run an unauthorized event; or I provide ski/snowboard lessons, guided tours, or other services at the Resort for compensation without the Resort’s prior express authorization; I use the Pass in a fraudulent manner; or I engage in misconduct, abuse Resort staff or other participants, or create a disturbance or nuisance; or I revoke this Agreement. I further understand, accept and agree that such acts may also be prosecuted as a criminal offense, as applicable. I acknowledge the affirmative duty to immediately notify the issuer if my the Pass is lost or stolen. I understand, accept and agree that if I or any Releasor is involved in, or witnesses, a collision or other incident at the Resort, the Resort may disclose my and/or the relevant Releasor’s name and contact information to third parties involved in the collision or incident, including the investigation, treatment and adjudication thereof. If consent is required, I or any Releasor expressly consent to such disclosure, and I or any Releasor hereby waive any and all claims against the Resort that I or any Releasor did not consent to such disclosure. AGREEMENT EFFECTIVE UNTIL REVOKED I UNDERSTAND, ACCEPT AND AGREE THAT THIS AGREEMENT WILL REMAIN IN EFFECT UNTIL I PROVIDE WRITTEN REVOCATION TO EACH APPLICABLE RESORT OR TO IKON PASS, INC., IF THE REVOCATION IS INTENDED TO APPLY TO ALL RESORTS, AND THE REVOCATION IS COUNTERSIGNED BY AN AUTHORIZED SIGNATORY OF EACH APPLICABLE RESORT OR IKON PASS, INC., IF THE REVOCATION IS INTENDED TO APPLY TO ALL RESORTSRESORT. THIS AGREEMENT CANNOT BE MODIFIED. I UNDERSTAND THAT THIS AGREEMENT WILL APPLY TO EACH DAY AND EACH SEASON THAT I OR ANY RELEASOR ACCESS A RESORT AND TO EACH ACTIVITY THAT I OR ANY RELEASOR PARTICIPATE IN AT A RESORT WITHOUT REQUIRING ME OR ANY RELEASOR TO SIGN AN ADDITIONAL AGREEMENT. ACKNOWLEDGMENT OF DANGERS AND RISKS I understand, accept and agree that participation in Activities, including the use of Equipment, is HAZARDOUS and involves risks of bodily injury that may include serious permanent disability or death. I acknowledge and accept all dangers and risks associated with the Activities, including the use of Equipment, whether or not expressly listed in this Agreement, whether known or not known and unknown to me, or whether or not they are inherent risks of the Activities, including the use of Equipment. UNDERSTANDING AND ACCEPTING ALL DANGERS AND RISKS, I VOLUNTARILY CHOOSE TO PARTICIPATE IN THE ACTIVITIES, INCLUDING THE USE OF EQUIPMENT, OR VOLUNTARILY CHOOSE TO ALLOW ANY RELEASOR TO PARTICIPATE IN THE ACTIVITIES, INCLUDING THE USE OF EQUIPMENT. I understand, accept and agree that the Activities involve numerous dangers and risks including unpredictable or variable snow or weather conditions; extreme cold; frostbite; hypothermia; high elevation; wildlife and domestic animal encounters; exposure to the elements; lack of shelter; trees, stumps, branches, and limbs; tree xxxxx; marked and unmarked obstacles; natural or artificial features, objects, or debris; snow immersion; deep snow conditions; slush; ice; bare spots; unstable ice and snow (including but not limited to snow slides and avalanches); changes or variations in terrain or snow conditions; surface and subsurface conditions; open water hazards; rugged mountainous terrain; cliffs; ravines; collisions with other skiers, snowboarders and participants, snowmobiles, snowmaking and snow-grooming equipment or other vehicles, property or structures; operation of snowmaking equipment which may create blind spots or areas of reduced visibility; acts of other skiers, snowboarders and participants; carelessness and misjudgments on the part of other participants, Releasors, or Resort staff, including failure to follow applicable rules, policies and procedures; use of trams, gondolas, chairlifts, rope or other tows, moving carpets, or any other conveyance which may involve entanglement with equipment, objects, or other skierskiers, snowboarder participantsnowboarders, participants, or other individualindividuals, errors in loading/unloading, and equipment malfunction or breakdown; slick or uneven walking surfaces. I understand, affirm and agree that: (i) I have the physical fitness and dexterity and the knowledge required to safely load, ride and unload the trams, gondolas, chairlifts, rope or other tows, moving carpets or any other conveyances; (ii) falls, collisions and injuries are a common and ordinary occurrence of the Activities; (iii) I shall obey all signs, markings, ropes and warnings posted at the Resort and all applicable laws and regulations; (iv) entering or skiing or snowboarding in a “CLOSED” area may be illegal and/or result in confiscation, revocation or suspension of the Pass or lift ticket; (v) skiing or snowboarding off of designated trails may be more dangerous to me and others than skiing or snowboarding on designated trails; (vi) there are risks involved in decision-making and conduct of others including risks involved with rescue operations and medical care conducted or provided by Resort staff or third parties inside or outside of Resort boundaries, risks associated with decision-making by Resort staff to open and close terrain, and the risk that Resort staff may misjudge weather, trail or snow conditions, route/terrain selection, or limitations of Releasor’s abilities that may make a certain aspect of the Activity inappropriate for the Releasor; and (vii) I will exercise caution around and will avoid snowmobiles, sno-cats, snowmaking and snow-grooming equipment, vehicles, structures, signs, immovable objects or other property that I may encounter at any time. Further, I accept the responsibility to maintain deliberate and conscious control and to take precautions to avoid hazards at all times while skiing, snowboarding or participating in other Activities. If applicable, I agree to read to, or to have Minor or other Releasors read, and to explain to Minor or other Releasors, if necessary, all posted Resort policies, signs, markings, and warnings including instructions on the use of trams, gondolas, chairlifts, rope or other tows, moving carpets or any other conveyances.