Resort Charge and Direct-To-Lift Billing Agreement

Program: The party accepting this Agreement (hereinafter referred to as “Applicant”) has purchased a Intrawest/Winter Park Operations Corporation (“IWPOC”) or Steamboat Ski & Resort Corporation (“SSRC”) pass product, Rocky Mountain Super Pass Plus, Route 40 or 4-Pack pass product that allows for participation in the Resort Charge and Direct-to-Lift Pass Program (the “Program”). Applicant hereby applies to enroll in the Program as applicable to the product(s) purchased by Applicant, and, if enrolled in the Program, grants IWPOC or SSRC permission to charge the Applicant’s credit card (the information for which has been/is being given as part of this Billing Agreement) for any and all charges incurred by Applicant or members of Applicant’s family or any party given access to the pass product associated with the Program for goods and services, including additional ski days at the applicable published day rate. Applicant hereby acknowledges and accepts full responsibility for, and guarantees payment of all amounts charged to the credit card account provided by Applicant to IWPOC or SSRC for use with the Program whether or not such use is authorized by Applicant. Applicant agrees that he/she will be liable for all charges incurred by any person who uses Applicant’s or a member of Applicant’s family’s pass products associated with the Program whether with or without permission, unless IWPOC or SSRC receives written notice that the pass product is lost or stolen as provided below.

Termination: With respect to an IWPOC pass product, Rocky Mountain Super Pass Plus, Route 40 or 4-Pack pass product, Applicant may terminate this Agreement at any time by delivering written notice of such termination to IWPOC, either by personal delivery or by certified mail addressed in each case to:

Intrawest/Winter Park Operations Corporation,
Attn: Resort/Direct-To-Lift Charge Program Administrator,
P.O. Box 36,
Winter Park, CO 80482.

With respect to an SSRC pass product, Applicant may terminate this Agreement at any time by delivering written notice of such termination to SSRC, either by personal delivery or by certified mail addressed in each case to:

Steamboat Ski & Resort Corporation,
Attn: Resort/Direct-to-Lift Program Administrator,
2305 Mt. Werner Circle,
Steamboat Springs, CO 80487.

Such termination shall take effect upon actual receipt by IWPOC or SSRC of the termination notice; provided, however, that such termination shall not, in any manner whatsoever, release Applicant from liability and responsibility for any amounts charged under the Program prior to the effective date of such termination. Applicant agrees to return to IWPOC or SSRC any pass products associated with the Program upon request of IWPOC or SSRC.

Change in Credit Card Status: Applicant also acknowledges that it is Applicant’s responsibility to notify IWPOC or SSRC of any changes to Applicant’s credit card information he/she has provided to IWPOC or SSRC, including any changes to the credit card number or expiration date, that the card has been lost or stolen, change of billing address, that the limits on the card have been exceeded or charging privileges have been otherwise revoked or cancelled. Applicant may update his/her credit card details by visiting a Guest Services at the resort or by phoning 1-888-682-7669. Please do not email your credit card information to IWPOC or SSRC. Failure to report such changes may result in cancellation of the ability of Applicant to use the pass product associated with the Program, including loss of ability to access lifts or the Base Club, to charge additional days on a pass or to otherwise utilize the Program.

Guarantee: Applicant agrees, acknowledges and accepts full responsibility for, and guarantees payment of all amounts charged in connection with, or arising out of, Applicant’s enrollment in the Program and/or Applicant or members of Applicant’s family use of the pass products associated with the Program by, whether or not such use is authorized by Applicant or such family member.

Default/Non Payment: Applicant agrees that IWPOC or SSRC may pursue all avenues of collection, to recover any and all charges and other unpaid amounts due and owing by Applicant to IWPOC or to SSRC. In connection with any litigation/collection arising out of this Agreement, IWPOC and SSRC shall be entitled to recover all costs incurred, including reasonable attorneys’ fees and disbursements, which shall include any appellate and post judgment proceedings. Venue for any action arising from this Agreement with respect to an IWPOC pass product, Rocky Mountain Super Pass Plus, Route 40 or 4-Pack pass product shall be in Grand County, Colorado or the federal district court in Denver, Colorado. Venue for any action arising from this Agreement with respect to an SSRC pass product shall be in Routt County, Colorado or the federal district court in Denver, Colorado. Colorado statutes and Colorado State decisional law shall govern any interpretation of this Agreement without reference to any choice of law rules.

Truth in Lending: IWPOC, SSRC and Applicant agree that the transaction between IWPOC or SSRC and Applicant provided for herein is not governed by the Truth in Lending Act (TILA) 15 USC §1601 et.seq., and all disclosures that may be required by TILA have been provided in writing to Applicant by his/her credit card company.

Credit Card Authorization: I hereby authorize IWPOC or SSRC to charge my credit/charge card for purchases at Winter Park Resort or Steamboat Ski Resort, which is applicable, as provided herein.