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Privacy Policy

Updated: July 12, 2024

VAIL RESORTS PRIVACY NOTICE

Vail Resorts Inc., through its subsidiaries, provides a variety of resort services around the world (together, “Vail Resorts”). We value you as a guest and know that you care how information about you is collected and used. This Privacy Notice (the “Privacy Notice” or “Notice”) informs you about what information we collect and how we use it. This Notice is part of the Terms of Use published on our Sites. Click here to review the Terms of Use.

This Notice applies to the Personal Information we collect when you visit any Vail Resorts website or use an online or mobile application, such as EpicMix®, Emma™, the Perisher Dashboard, or other Vail Resorts application - where the Notice is referenced (our “Sites”). The Notice also applies to the Personal Information we collect when you visit any of our resorts, retail locations, rental locations, lodging, events sponsored in whole or in part by Vail Resorts, or other service providers worldwide (our “Locations”). By interacting with Vail Resorts through our Sites or providing specific information at any of our Locations, you consent to the use of Personal Information that is collected or submitted as described in this Privacy Notice.

Personal Information We Collect

When we use the term “Personal Information” we mean information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a natural person or household, such as a real name, postal address, e-mail address, telephone number, payment information, pass or lift ticket ID number or identities, profile photographs and location information. When other information (such as consumer preferences, demographic information, or opinions about an identified individual or reasonably identifiable individual) is directly associated with Personal Information, we treat this other information as Personal Information. Information that is de-identified, aggregated, or anonymized will not be considered Personal Information. Publicly available information (made available from federal, state, or local government records) may be considered Personal Information, and may only be processed for the purpose for which it was published.

When visiting our Sites, interacting with us (e.g., over the phone, by email) or providing information at any of our Locations, we collect the following types of Personal Information:

  • identification data (e.g., first name, last name, postal address, phone number, email address);
  • payment details or methods and transaction information (e.g., when you purchase lift tickets, event tickets, or goods, or book accommodations online);
  • location data (e.g., the location where you stay or ski, the location of an event at one of our Locations that you attend, location data sent by your device, the runs that you ski or ride, the ski lifts that you ride, a top level domain name such as .com, .gov., .au, .ca);
  • connection data (e.g., IP address, connection speed, type of browser used and information communicated by your browser, mobile network information, data automatically communicated by your device);
  • device information (e.g., device type, screen size, operating system);
  • data regarding your use of our Sites (e.g., date and time of visits, viewing information, pages viewed, keystroke activity, time spent on pages, scroll activity, click/touch information, content you provide, such as through email or messages, and mouse movements);
  • information relating to your preferences and activities (e.g., vertical distance by day; calories burned; time spent skiing or riding; individuals with whom you form groups for skiing or riding, as reflected in your use of our applications; frequency with which you use or visit various facilities, services, programs, or Locations; events attended);
  • details of ski-related accidents and other incidents;
  • an assessment of your skiing/riding ability; and
  • photographs and video of you at our Locations or that you otherwise submit; and
  • demographic information (e.g., household information, number of children, age ranges, gender).

In addition to the above, we may combine information you have provided to us on our Sites with information you have provided to us offline, including information you have provided to us at one of our Locations, and we may store this information together in your customer profile. For example, we may combine data automatically collected when you use your season ski pass, attend an event, rent equipment at one of our Locations, or otherwise visit one of our Locations, or data you provide to us when you stay at one of our hotels or resorts, with your customer profile. In addition, we may use your devices’ connection to WiFi, Bluetooth, or GPS in order to provide services specific to your use of our Sites or other accounts as described in this Privacy Notice. This enables us to provide the best experience possible when you visit our Locations.

If you provide us with Personal Information of other persons, for example information about the receiver of a gift, gift card, gift certificate or a referral, please provide their Personal Information to us only if you are allowed to do so pursuant to applicable data protection laws and only if the other person would agree to you providing Personal Information to us for the purposes the information is collected and processed according to our Privacy Notice.

Some personal information included in this section is considered “Sensitive Personal Information” or “Sensitive Data” under certain data privacy regulations. Where required by law, your explicit consent to collection, processing, or transferring of such Sensitive Personal Information will be obtained. Appropriate security and protection measures will be deployed that will be congruent with the nature and risks associated with the data and processing activities.

Sources of Personal Information

When providing Personal Information as described in this Notice, that Personal Information is primarily collected directly from you (e.g., when you fill out a form at one of our Locations or on one of our Sites) and you will know the precise information being collected by us. In certain circumstances, however, the information may be collected indirectly or from other sources, for example:

  • when a third party provides information about you (e.g., if someone orders a gift, gift card, or gift certificate online and wants to send it directly to you, he/she must provide us with your name and address; if third parties, including travel agents or business partners with whom we have joint marketing or service providing arrangements, provide information about you);
  • when your electronic communications devices, such as smartphones, tablets, or computers, automatically submit information;
  • when technology implemented at our Locations provides us with information (e.g., when your ski pass is scanned at a chairlift);
  • when we are provided information from other business partners;
  • when you are at one of our Locations, and we take photographs or video of you; and
  • when such information is available from public sources.

In certain limited circumstances, third-party service providers may collect information on our behalf, though such collection will always be within the context of the service provided. We may also automatically collect certain information as described in our Cookie Notice, but this is limited to the degree to which that information is considered Personal Information. In particular, we may collect personal and non-personal information through the following additional channels:

  • our own cookies on our Sites;
  • 3rd party cookies on our Sites;
  • social media networks; and
  • 3rd party software applications.

How We Use Your Personal Information

We use your Personal Information for the following purposes, all of which relate to the relationship between you and us, and the services we provide:

  • to provide you or the person of your choice with the services and/or products you requested (e.g., passes—including use of your phone as your pass/ticket via Bluetooth—, reservations, services offered by our Sites—such as the summary of your ski day, and ability to share), to perform transactions, in particular to check your identity or the identity of the person you designated, as well as for billing and shipping purposes;
  • providing you with souvenir, photography and video services; and
  • to provide you and/or the person you designated with after-sale support in case you encounter any difficulties following your transaction with us.

We also may process your Personal Information for the purposes listed below, which are necessary for us to pursue our legitimate interest and provide you with quality services and products:

  • for security and fraud prevention purposes as well as for protecting our rights, pursuing available remedies and enforcing our Terms of Use;
  • to administer our systems, debug, and improve the performance and accessibility of our Sites and Locations;
  • to monitor and optimize the use of our facilities (e.g., when you scan your pass and ride one of our chairlifts, we use such information for monitoring the use of our chairlifts; improvement of facilities based on number of attendees at events);
  • to better understand your use of our products, services, programs, and events; and
  • to improve our Sites, Locations and, more generally, our products, services, programs, and events.

In addition, with your consent, we may also process your Personal Information:

  • to provide you with marketing communications, recommendations and special offers regarding our products and services, as well as products and services of third parties which might be of interest to you, and to give you the opportunity to enroll in our loyalty program; and
  • to combine your data and implement profiling activities in order to better understand your needs, expectations and preferences and provide you with personalized content and targeted advertising accordingly.

By providing your residential or wireless phone number(s) to us, you expressly consent to receive certain non-marketing calls and text messages from or on behalf of Vail Resorts, where permitted by law. Your consent to receive calls or texts is not a condition of any purchase. Consent to receive calls or text messages can be revoked at any time; please follow the unsubscribe link in the relevant communications or contact us using the link at the bottom of the Notice. Even after you opt-out or update your marketing preferences, however, we may still contact you for transactional or informational purposes. These include, for example, customer service issues, returns or product-related inquiries, surveys or recalls, or any questions regarding a specific interaction.

Please refer to the Your Choices and Rights and State Privacy Rights sections below for information regarding how you can manage your options and exercise your rights with respect to your Personal Information.

Cookie Notice and Third-Party Advertisers

This Cookie Notice applies to any Sites operated by or on behalf of Vail Resorts, which may include other interactive properties linked through this and other Sites. We use technology such as “cookies” to help us provide customized services and as a means to collect dependable and consistent traffic data. A “cookie” is a small piece of data that is sent to a user’s browser from a web server and stored on a user’s hard drive.

These cookies, along with other technologies, such as web beacons, may also be used by Vail Resorts corporate partners and on co-branded websites to help us understand how you use our products and Sites and better provide advertising to you.

We may use third-party advertising companies to customize the advertisements you see on our Sites, on other websites, or on your mobile or other devices. These companies may use cookies, web beacons, or other technologies to collect information about your use of our Sites and other websites and applications, including in particular your IP address, web browser, mobile network information, pages viewed, time spent on pages or in applications, and links clicked. We may use this information to analyze data, determine the popularity of certain content, deliver advertising and content targeted to your interests, and better understand your online activity. Our service providers are bound by contract to keep your Personal Information confidential and use it only for the purposes laid out in the contract on our behalf. For more information about online behavioral advertising, or to learn about your choices related to such practices, please visit http://www.aboutads.info/choices or http://www.networkadvertising.org/choices.

By clicking to accept cookies, you are consenting to our use of cookies and similar technologies in accordance with this Cookie Notice. If you do not agree to our use of cookies and similar technologies,you can modify your cookies settings or, if applicable, opt out of “sharing” for targeted advertising (defined as cross-context behavioral advertising by California and similar terms under other states laws) for our Sites by clicking here or by following the Your Privacy Choices link in the footer. Although you are not required to accept cookies when you visit our Sites, please be aware that restricting cookies may impact how our Sites operate for you, and you may be unable to use all of the functionality of our Sites.

Cookies are not intended to harm your PC or do not contain any viruses. Please note that most browsers allow you to manage your cookies preferences by changing your settings. You may have the possibility to set your browser to: (i) automatically accept or refuse all cookies; (ii) automatically accept or refuse first party cookies and/or third parties cookies; (iii) notify you before any cookies are placed, so that you get the opportunity to decide whether you are willing to accept it or not.

Consequently, if you accept cookies in the first place but later change your mind and want to opt out, you may use your browser settings for deleting cookies already placed on your electronic devices and/or change your browser settings to refuse any further cookies or particular further cookies.

In addition, you may wish to visit www.aboutcookies.org, which contains comprehensive information on how to do this on a wide variety of browsers, or http://www.youronlinechoices.com/, which enables you to manage the advertisement cookies placed on your devices.

Some of our Sites utilize third-party analytics tools, to track page content and viewing information, pages viewed, keystroke activity, time spent on pages, scroll activity, click/touch information, and mouse movements. One tool our sites utilize is Mouseflow so to learn more about Mouseflow's privacy practices, please consult https://mouseflow.com/legal/company/privacy-policy/. You can also  opt-out at http://mouseflow.com/opt-out.

Disclosure of Your Personal Information

Under limited circumstances we may disclose the Personal Information we collect to third parties for all or part of the above-mentioned purposes and to provide certain, specific services or opportunities offered by the below third parties. Examples of those circumstances are described below, along with some of the steps we take to limit the manner in which your Personal Information is used.

  • Service Providers: We may share your information with companies that provide support services to us (such as credit card and payment processors, printers, mailing houses, analytics providers, claims adjusters, call center/chat providers, web hosts, application developers, event co-sponsors, concessionaires, resort management boards responsible for management and planning for the development, promotion and use of our Locations, or providers of online reservation services) or that help us market our products and services (such as email or text messaging vendors).
  • Ski Pass Partners: Vail Resorts sometimes enters into contractual relationships with other resorts that we do not own so that our customers can access skiing or other resort services at those resorts.
  • With Other Vail Resorts Entities: Personal Information we collect may be shared, consistent with this Notice, with other Vail Resorts entities, including current or future parents, affiliates, subsidiaries, and entities sharing common ownership with Vail Resorts. All of the Vail Resorts entities are bound to this Privacy Notice.
  • Partner Promotions and Events: We may occasionally co-sponsor events with business partners or provide you opportunities to register for special promotions or services provided in conjunction with our business partners. We may share your information with those business partners to help us market or improve our products and services, and we will give you a clear notice if you are providing information to such third party. In addition, we may also arrange to send you marketing and promotional information of other companies that we think might be of interest to you, only if you tell us that you want to receive these sorts of materials.
  • In Connection with Corporate Events: In the event of a merger, reorganization, acquisition, joint venture, assignment, spin-off, transfer, or sale or disposition of all or any portion of our business, including in connection with any bankruptcy or similar proceedings, we may transfer any and all Personal Information to the relevant third party. Your Personal Information would remain subject to this Notice, unless notified otherwise.

In all the above circumstances, any third-parties or partners are only authorized to use the Personal Information we share with them for the particular purpose of delivering the service, opportunity, or access we are working with them to provide. In addition, we only disclose the information they need to provide the specific service, function, or opportunity, including providing aggregated or de-identified data when possible. All Personal Information is shared pursuant to written contracts with the third party in line with applicable laws.

In addition, we may release Personal Information: (i) to the extent we have a good-faith belief that such action is necessary to comply with any applicable law; (ii) to enforce any provision of our contracts/agreement with you, protect ourselves against any liability, defend ourselves against any claims, protect the rights, property and personal safety of any user, or protect the public welfare; (iii) when disclosure is required to maintain the security and integrity of the service, or to protect any user’s security or the security of other persons, consistent with applicable laws (iv) to respond to a court order, subpoena, search warrant, or other legal process, to the extent permitted and as restricted by law; (v) in the event that we go through a business transition, such as a merger, divestiture, acquisition, liquidation or sale of all or a portion of our assets; or (vi) for an additional purpose that is directly related to and compatible with the original purpose for which the Personal Information was collected.

Links to Third-Party Websites

Our Sites contain direct links to sites offered by third parties (e.g., our strategic alliance partners’ sites, co-branded event sites, or websites belonging to community partners). Those third-party sites are not covered by this Privacy Notice.

Some of the sites may give you the option of sharing your thoughts, Personal Information, or skiing and snowboarding experiences automatically on their platforms. If you choose to share information with a third-party site such as Twitter or Facebook, or a third-party service such as Apple Health, the information you choose to share is not subject to this Privacy Notice. You should review the privacy policies of those sites or services to make an informed decision about whether to share your information. Further, you should review your account settings on those sites to ensure that you are comfortable sharing your information with the audience chosen in that account.

Vail Resorts Accounts

In addition to other purposes outlined in this Notice, Vail Resorts will use information collected through your My Epic and/or other Vail Resorts accounts, such as the Perisher Dashboard, to establish, maintain and manage your account. Vail Resorts may combine this information with your location information collected via Bluetooth or GPS, in order to provide some of the services via our Sites. Depending on the notification options you choose, we may also send you emails, push notifications, or text messages related to your account, such as a summary of your day when you ski or snowboard, or awards or special offers when certain milestones have been achieved. You may unsubscribe from receiving such messages by managing your account settings.

Your Vail Resorts accounts allow you to share certain information within the application or on social media or other third-party sites. In particular you can view or share:

  • your name (or display name if preferred);
  • your statistics on certain applications;
  • badges earned, date of becoming a Vail Resorts skier/rider, date last active at Vail Resorts, goals and progress towards goals;
  • you position on leaderboards;
  • the number of days, streak (number of days you have skied/ridden in a row), lift rides (which may include each scan of your ski pass: location, date and time), and vertical distance you have skied or ridden; and
  • photos, social media accounts connected to the application.

You can manage the content and information you share when using your account through the privacy settings you select. The settings allow three basic types of information sharing:

  • Private: Your information is not visible to other application members or to the public. You will not be visible on leaderboards and your name/email address will not be searchable on these applications.
  • Share within application: Other application members who have been accepted as friends will be able to see the above details about you that you have chosen to share with them.
  • Share Socially: The above details will be shared via any social media accounts connected to the application. If you choose to link your application account to third party sites, such as Facebook, you can manage what information you want to share with each of these sites automatically, or you can choose what content to share manually. As described in this Notice, if you choose to share information with a third-party site, the information you share on that site is not subject to this Privacy Notice. You should review the privacy policies of those sites to make an informed decision about whether to share your information.

Use of Bluetooth and GPS

To provide digital lift ticket service allowing utilization of your phone as a lift ticket or Epic Pass, and/or to allow use of maps in MyEpic, we use information from devices that broadcast Wi-Fi, Bluetooth, and Global Positioning System (“GPS”) signals broadcast from your mobile device. For example:

  • if you use your phone as your lift ticket or Epic Pass, the application will use Bluetooth to enable such functionality;
  • MyEpic Time uses Wi-Fi and Bluetooth signals anonymously to calculate the line times at participating chair lifts; or
  • if you use the MyEpic Maps functionality, your phone's GPS signal will be used to display your location on a map in order to provide you with the customized map functionality.

Unless necessary as a part of the services (e.g., using your phone as your lift ticket) we do not connect information broadcast from your device to link to or collect Personal Information about you. If you do not wish for your information to be included in things like the wait time calculation, you can turn off your device’s Wi-Fi and Bluetooth services, though be aware that may reduce the availability of other services. With regard to GPS, your current location is only used to update your location on MyEpic Maps and is not stored by MyEpic. If you do not wish to see your personal location on the map, you can turn off GPS location services on your device at any time.

For more information about MyEpic accounts, visit these FAQs.

Children’s Privacy

We do not knowingly collect Personal Information on our Sites from children under the age of 13 without the prior consent of the child’s parent or guardian.

Children and Vail Resorts Applications

Children under age 13 may only open a Vail Resorts application account (such as an MyEpic or Perisher Dashboard account) with parental consent. After parental approval is received and verified, the child’s account will be created. Parents who approve the creation of a child account understand that we will collect the following information about the child: an email account, name, date of birth, gender, state, zip or postal code, country. We will maintain that information in the application account and combine it with information collected offline, such as the child’s chair lift rides at our resorts, attendance at events sponsored in whole or in part by Vail Resorts, information about the child’s ski school experience, pictures taken by Vail Resorts photographers, and race times. We will only collect information about your child for the purpose of providing the account services you have enabled and for providing account features and notifying you and your child of information related to the account. We will not use the information to market other products or services to your child and will not sell or share the information with others for those purposes.

Application profiles created for children under 13 have restricted privacy features and are only viewable by you, your child, and other family members linked to your account. The child’s information is not visible to other application members or to the general public, and is not visible on leaderboards or searchable on Vail Resorts applications such as MyEpic. In addition, children under age 13 are not able to link to third party sites, such as Facebook.

If you believe that a child under age 13 (or other age applicable in a different jurisdiction) has provided Personal Information to us without the consent of a parent or guardian, has created an account of any kind without the consent of a parent or guardian, or if you wish to delete your child's Vail Resorts application account or revoke consent, please notify us at DataPrivacy@vailresorts.com (or in Australia, by emailing privacy@perisher.com.au or on the telephone at 1300 655 822) as soon as possible so their data may be deleted.

Your Choices and Rights

If you agreed to receive communications from us, our Sites give you the option of not receiving future communications by sending an email to DataPrivacy@vailresorts.com (or if you are in Australia, by sending an email to response@mail.perisher.com.au) or by clicking on the link enabling you to unsubscribe displayed at the bottom on each of our communications. You can also exercise the above-mentioned option by visiting our Consumer Communication Preference Center.

If you have a snow.com or epicpass.com account, you can manage your information and privacy preferences by logging into your account at www.snow.com or www.epicpass.com.

If you have an MyEpic account, you can manage your information and privacy preferences by logging into your account at www.MyEpic.com (or in Australia, by logging into your account at www.epicaustraliapass.com.au).

Your Privacy Rights and Additional Disclosures

Depending on the state in which you reside, you may have certain privacy rights regarding your personal data. If you are a California resident, please see our “Notice to California Residents” section below. For other state residents, your privacy rights may include (if applicable):

  • the right to confirm whether or not we are processing your personal data and to access such personal data;
  • the right to obtain a copy of your personal data that we collected from and/or about you in a portable and, to the extent technically feasible, readily usable format that allows you to transmit the information to another controller without hindrance, where the processing is carried out by automated means;
  • the right to delete personal data that we collected from and/or about you, subject to certain exceptions;
  • the right to correct inaccurate personal data that we maintain about you, subject to certain exceptions;
  • the right, if applicable, to opt out of the processing of your personal data for purposes of (1) targeted advertising; (2) the “sale” of your personal data (as that term is defined by applicable law); and (3) profiling in furtherance of decisions that produce legal or similarly significant effects concerning you;
  • if we are required by applicable law to obtain your consent to process sensitive personal data, the right to withdraw your consent; and
  • the right not to receive discriminatory treatment by us for the exercise of your privacy rights.

You can exercise the above-mentioned rights by visiting our Consumer Privacy Rights Request Form, emailing DataPrivacy@vailresorts.com calling us by telephone at 1-866-684-5604 (in Australia, by emailing privacy@perisher.com.au or by telephone at 1300 655 822). If you submit a request to delete online, you may be asked to confirm separately that you want your Personal Information deleted.

Depending on how the applicable privacy law defines a “sale,” we may sell personal data to third parties in certain, limited circumstances. For instance, if you are a resident of Colorado or Connecticut, our use of cookies and tracking technologies constitutes a sale of personal data to third-party advertisers. We also use cookies and other tracking technologies to display advertisements about our products to you on nonaffiliated websites, applications, and online services. This is “targeted advertising” under applicable privacy laws. We do not use personal data for profiling in furtherance of decisions that produce legal or similarly significant effects concerning individuals. For more information about our use of cookies and similar technology, please review our Cookie Notice.

Notice to California Residents

The California Consumer Privacy Act, as amended by the California Privacy Rights Act of 2020 (“CCPA”), requires that we provide California residents with a privacy policy that contains a comprehensive description of our online and offline practices regarding the collection, use, disclosure, sale, sharing, and retention of personal information and of the rights of California residents regarding their personal information. This section of the Privacy Notice is intended solely for, and is applicable only as to, California residents. If you are not a California resident, this section does not apply to you and you should not rely on it.

The CCPA defines “personal information” to mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California resident or household. Personal information does not include publicly available, deidentified or aggregated information or lawfully obtained, truthful information that is a matter of public concern. For purposes of this “Notice to California Residents” section we will continue refer to this information as “Personal Information,” as previously defined.

If you are a California resident and a current or former employee, job applicant, or independent contractor of ours, please see the applicable privacy notice for more information on our collection and use of your Personal Information in that capacity.

We currently collect and, in the 12 months prior to the effective date of this Privacy Notice, have collected the categories of Personal Information described above in this Notice. We collect Personal Information directly from California residents and, in the case of website users, from advertising networks and internet service providers. We do not collect all categories of Personal Information from each source.

In addition to the purposes stated above in the section “How We Use Your Personal Data” we currently collect and have collected the above categories of Personal Information for the following business or commercial purposes:

  • auditing related to counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards;
  • helping to ensure security and integrity to the extent the use of your Personal Information is reasonably necessary and proportionate for these purposes;
  • debugging to identify and repair errors that impair existing intended functionality;
  • short-term, transient use, including, but not limited to, non-personalized advertising shown as part of your current interaction with us, provided that your Personal; Information is not disclosed to another third party and is not used to build a profile about you or otherwise alter your experience outside the current interaction with us;
  • performing services, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytic services, providing storage, or providing similar services;
  • providing advertising and marketing services, except for targeted advertising, to you provided that, for the purpose of advertising and marketing, our service providers and/or contractors shall not combine the Personal Information of opted-out consumers that the service provider or contractor receives from us, or on our behalf with Personal Information that the service provider or contractor receives from, or on behalf of, another person or persons or collects from its own interaction with you;
  • undertaking internal research for technological development and demonstration;
  • undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by us, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by us; and
  • advancing our commercial or economic interests, such as by inducing another person to buy, rent, lease, join, subscribe to, provide, or exchange products, goods, property, information, or services, or enabling or effecting, directly or indirectly, a commercial transaction.

Sale, Sharing, and Disclosure of Personal Information

The CCPA defines “sale” as the transfer of Personal Information for monetary or other valuable consideration. However, Vail Resorts does not knowingly sell and will not sell the Personal Information of any guest. Although we do engage in online activities that may constitute a share of Personal Information under California law. This may include showing you advertisements on other websites.

The following table identifies the categories of Personal Information that we shared to third parties in the 12 months preceding the last update of this Privacy Notice and, for each category, the category of third parties to whom we sold or shared Personal Information. For more detailed information about this type of sharing please review the above sections “Third-Party Advertisers” for details about the specific entities that we may share your data with.

 

Categories of Personal Information Categories of Third Parties
Unique personal identifiers (device identifier; cookies, beacons, pixel tags, mobile ad identifiers, or other similar technology; customer number, unique pseudonym or user alias; or other forms of persistent or probabilistic identifiers that can be used to identify a particular consumer or device) Advertising network; data analytics provider.

 

We shared Personal Information to third parties for the following business or commercial purposes:

  • to better understand how you use our Sites across the various devices you use, and to deliver tailored promotions to our guests;
  • to track page content and viewing information, pages viewed, keystroke activity, time spent on pages, scroll activity, click/touch information, and mouse movements; and
  • to better understand your specific preferences and track your activity across our web-based offerings and advertisements.

The following table identifies the categories of Personal Information that we disclosed for a business purpose in the 12 months preceding the last update of this Notice:

Categories of Personal Information (more detail for each in the above sections) Categories of Third Parties
  • identification data;
  • payment details or methods and transaction information;
  • location data;
  • information relating to your preferences and activities;
  • photographs and video of you at our Locations or that you otherwise submit; and
  • demographic information (e.g., household information, number of children, age ranges, gender)
  • Service providers;
  • Ski Pass Partners;
  • Other Vail Resorts Entities;
  • Partners in Promotions and Events (to be shared based on a specific event or promotion)
  • connection data;
  • device information;
  • data regarding your use of our Sites;
  • details of ski-related accidents and other incidents;
  • an assessment of your skiing/riding ability;
  • Service providers;
  • Ski Pass Partners;
  • Other Vail Resorts Entities

 

We disclosed Personal Information for the business or commercial purposes described in detail in the “Disclosure of Your Personal Information” section above.

Retention of Personal Information

We retain your Personal Information for as long as necessary to fulfill the purposes for which we collect it, such as to provide you with the service you have requested, and for the purpose of satisfying any legal, accounting, contractual, or reporting requirements that apply to us.

Your Rights

If you are a California resident, you have the following rights with respect to your Personal Information:

  • the right to know what Personal Information we have collected about you, including the categories of Personal Information, the categories of sources from which we collected personal Information, the business or commercial purpose for collecting, selling or sharing Personal Information (if applicable), the categories of third parties to whom we disclose Personal Information (if applicable), and the specific pieces of Personal Information we collected about you;
  • the right to delete Personal Information that we collected from you, subject to certain exceptions;
  • the right to correct inaccurate Personal Information that we maintain about you;
  • if we sell or share Personal Information, the right to opt out of the sale or sharing;
  • if we use or disclose sensitive Personal Information for purposes other than those allowed by the CCPA and its regulations, the right to limit our use or disclosure; and
  • the right not to receive discriminatory treatment by us for the exercise of privacy rights the CCPA confers.

How to Submit a Request to Know, Delete, and/or Correct

You can exercise the above-mentioned rights by visiting our Employee/Applicant Privacy Rights Request Form, emailing DataPrivacy@vailresorts.com calling us by telephone at 1-866-684-5604 (in Australia, by emailing privacy@perisher.com.au or by telephone at 1300 655 822). If you submit a request to delete online, you may be asked to confirm separately that you want your Personal Information deleted.

If you are submitting a request on behalf of a California resident, please submit the request through one of the designated methods discussed above. After submitting the request, we will require additional information to verify your authority to act on behalf of the California resident.

Our Process for Verifying a Request to Know, Delete, and/or Correct

We will comply with your request upon verification of your identity and, to the extent applicable, the identity of the California resident on whose behalf you are making such request.

If you maintain a password-protected account, we may verify your identity through existing authentication practices available through your account. Prior to disclosing or deleting the Personal Information, we will ask you to re-authenticate yourself with respect to that account.

If you do not maintain a password-protected account, or if you are an account-holder but we suspect fraudulent or malicious activity with your account, we will verify your identity either to a “reasonable degree of certainty” or a “reasonably high degree of certainty” depending on the sensitivity of the Personal Information and the risk of harm to you by unauthorized disclosure, deletion, or correction as applicable. To do so, we will ask you to verify data points based on information we have in our records concerning you.

Right to Opt Out of Sale or Sharing of Personal Information

If you are a California resident, you have the right to direct us to stop selling or sharing your Personal Information. However, Vail Resorts does not and will not sell the Personal Information of any guest, but we may share your Personal information in accordance with this Notice. You may submit a request to opt out of sharing by visiting Your Privacy Choices and/or via the opt-out mechanisms, the degree to which such sharing is performed via cookies and similar technologies managed by that cookie opt-out.

Right to Limit Use of Sensitive Personal Information

California residents have the right to limit our use or disclosure of sensitive Personal Information if we use it for purposes other than those allowed by the CCPA and its regulations. You may submit a request to limit our use of your sensitive Personal Information through our interactive webform available by clicking on this link: “Limit the Use of My Sensitive Personal Information.”

Notice of Financial Incentive

From time to time, you may have the opportunity to provide Personal Information in exchange for discounts and price differences. For example, we may provide discounts and price differences in exchange for you subscribing to a mailing list.

Signing up for discounts and price differences is optional. By providing your Personal Information during the discount sign-up process, you affirmatively opt in to receiving the financial incentive and to have your personal information processed as described. You have the right to withdraw from the financial incentive at any time. If you opt out of receiving a financial incentive, we will not reduce the value of any financial incentives you previously received from us. If you wish to withdraw from receiving the financial incentive, you may submit such a request at any time by emailing us at dataprivacy@vailresorts.com.

Erasure Law

If you are a California resident under the age of 18 and a registered user of the services, California Business & Professions Code § 22581 permits you to request and obtain removal of content or information posted on the services by you. If you wish to make a request, please contact us at dataprivacy@vailresorts.com. Please be aware that removal does not ensure complete or comprehensive removal of the content or information posted on the services by you and there may be legal reasons for denying your request.

Browser Settings and Universal Opt-Out

At this time, Vail Resorts’ websites are not able to recognize and or respond to certain browser preference signals or opt-out settings such as Global Privacy Control (“GPC”) or Do Not Track. GPC and “Do Not Track” are browser settings that notify websites of an individual’s privacy preferences. For example, “Do Not Track” is a preference you can set in your web browser to inform websites you visit that you do not wish to be tracked via certain technology like cookies and pixels. Such browser settings must be supported by the website you are visiting to be effective. Vail Resorts is not currently able to support such browser codes, so Vail Resorts will not automatically acknowledge and or respond to your particular settings when you access our websites. However, you may make a request to opt-out of or limit any processing activities as described herein or through the links available on our websites.

International Data Transfers

Vail Resorts’ headquarters are located in the United States. Through our affiliates, we operate Locations in the U.S., Canada, Australia and Switzerland. Your Personal Information may be transferred, stored or processed by Vail Resorts entities or third parties located in the United States or other locations around the world, in particular where our partner resorts are located, i.e. additional countries in Europe as well as Japan, as described in this Notice. Data protection standards in those countries may differ from the country where you reside.

For individuals in Australia, please note that your Personal Information may be transferred to our affiliates in the United States or Canada for the purposes described in this Notice. Vail Resorts affiliates will handle your Personal Information in a manner consistent with the Privacy Act 1988 (Cth) and Australian Privacy Principles (APPs), and may also be subject to other countries’ privacy and data protection laws that impose requirements similar to the APPs.

Notice Regarding European Law

Under certain European law, companies are required to have a legal basis for processing personal data. We process personal data as necessary to perform our contracts with you, including based on our Terms of Use, and the disclosures above. We further process personal data based on our legitimate interests or the interests of a third party, for compliance with a legal obligation, and to protect your interests or those of another person. While we make efforts to respond to all privacy inquiries from individuals, Vail Resorts does not actively solicit business from the European Economic Area; therefore, you may not have opportunity avail yourself of the rights provided under the EU’s General Data Protection Regulation (“GDPR”) or the laws of your particular country of residence. By providing your information, you unambiguously consent to transfer of your Personal Information and other information to the US and elsewhere for the purposes and uses described in this Notice. Further, you acknowledge that Vail Resorts may not be subject to the GDPR, and, therefore, you may be unable to claim the privacy rights provided in those laws. We also process personal data based on your consent in certain instances. Where personal data is processed based on consent, you may have the right to withdraw such consent at any time. Exemplary instances are detailed further in the disclosures above, including the disclosures regarding “How We Use Your Personal Information.” For processing based on public interest, you have a right to object to such processing, which we will assess. For additional information or to make a request, please contact dataprivacy@vailresorts.com or call 1-866-684-5604.

Data Security and Retention

Vail Resorts has implemented physical, technological, and organizational safeguards and security measures designed to protect against the loss, misuse, or unauthorized access or disclosure of your Personal Information under our control. We also take measures to protect the Personal Information we disclose to third parties, for example by entering into contractual agreements stipulating the confidentiality of the information and the purposes for which it is to be used. Please be aware though that, despite our efforts, no security measures are perfect or impenetrable. You can help us by protecting and keeping your passwords safe at all times, and not using the same password for different applications or sites. You also can protect yourself and help us reduce the risk of fraud by promptly notifying us if you suspect that your credit card, pass product with resort charge, other resort-specific payment product, user name, or password is lost, stolen or used without permission.

We will retain your Personal Information for the length of time needed to fulfill the purposes outlined in this Notice and for the purposes of satisfying any legal, accounting, contractual, or reporting requirements that apply to us. Personal Information that is no longer required for those purposes will be destroyed or made irreversibly anonymous.

Changes to the Notice

We may change this Notice from time to time, and will post the revised Notice on our Sites. The changes will only apply to Personal Information we collect after we have posted the revised Notice. If we make material changes to the way we collect, use or disclose Personal Information, we will notify you by means that are appropriate, including potentially posting a clear and prominent announcement on our Sites or alerting you through a direct communication. To the extent allowed by applicable law, your continued access to or use of Vail Resorts Sites or Locations following notice of material changes to this Notice shall constitute consent to any amendments and/or modifications. Where required by law we will provide separate notice or seek separate consent for changes to our Privacy Notice or practices.

Contact Us

If you have questions about this Privacy Notice or our data security practices, or need to access this Privacy Notice in an alternative format due to a disability, please contact:

The Vail Corporation dba Vail Resorts Management Company
Attn: Privacy
390 Interlocken Crescent, Suite 1000
Broomfield, CO 80026
1-866-684-5604
DataPrivacy@vailresorts.com

 

Whistler and Blackcomb Mountains
Attn: Privacy
4545 Blackcomb Way,
Whistler, B.C. V8E 0X9
Canada
DataPrivacy@vailresorts.com

 

Perisher Blue Pty Limited
Attn: Privacy
PO Box 42,
Perisher Valley,
NSW 2624 Australia
1300 655 822
privacy@perisher.com.au

TERMS & CONDITIONS

MY EPIC GEAR ‘24/25 

TERMS & CONDITIONS 

Last Updated: August 26, 2024

 

PLEASE READ THESE MY EPIC GEAR TERMS & CONDITIONS (“TERMS & CONDITIONS”) CAREFULLY. THESE TERMS & CONDITIONS FORM A BINDING AGREEMENT BETWEEN YOU AND VAIL RESORTS AND CONTAIN A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS. As used in these Terms & Conditions, “Vail Resorts”, “we”, “us”, “our”, or the equivalent refers to the Vail Corporation d/b/a Vail Resorts Management Company and its subsidiaries and affiliates. 

 

By purchasing a My Epic Gear membership (a “Membership”), you (“Member” or “you”) agree to these Terms & Conditions.  

  

  1. Membership.
    1. Benefits. A Membership provides you with access to reserve and use skis, snowboards, boots, helmets, and/or poles (referred to together or individually as “Gear”) during the 2024-2025 winter ski season (the “Membership Season”) at any one or more of the following resorts: Vail Mountain Resort, Beaver Creek Resort, Breckenridge Ski Resort, Keystone Resort, Whistler Blackcomb, Park City Mountain Resort, Crested Butte Mountain Resort, Heavenly Mountain Resort, Northstar California Resort, Stowe Mountain Resort, Okemo Mountain Resort, and/or Mount Snow Ski Resort (each, a “Participating Resort”). 

    2. Household Members. You may purchase a Membership, create a profile, and make reservations for Gear (each, a “Gear Reservation”) on behalf of individuals connected to your My Epic Account under My Profile > Household Members and/or individuals you otherwise link to your My Epic Gear account (each, a “Household Member”). You must be at least 18 years old to purchase a Membership, create a profile, or make or modify a Gear Reservation for yourself or on behalf of a Household Member between 3-17 years old. Children under 3 years old are not eligible for Membership. Each Member must have a My Epic Gear Member profile in the My Epic application (a “Profile”) to make a Gear Reservation. If you purchase a Membership, create a Profile, or make or modify a Gear Reservation for a Household Member, you represent and warrant that you have their consent to provide their personal information and the legal authority to enter into these Terms & Conditions and all releases of liability associated with the Membership and the Gear on their behalf. 

    3. Membership Fee. The one-time fee for the Membership Season is $50.00 (the “Membership Fee”). 

      1. Payment. We will charge the applicable Membership Fee(s) to the credit card you provide at the time of purchase.  

      2. Membership Cancellation. The Membership Fee is non-cancellable and non-refundable. 

    4. Daily Use Fee. The daily fee for each day of your Gear Reservation (the “Daily Use Fee”) is equal to the following calculations, plus applicable taxes:

      For Members at least 13 years old at the time of making a Gear Reservation: $55.00 per day for boots and either skis with poles or a snowboard, plus $10.00 per day for a helmet, and minus $10.00 per day if you use your own boots. 

      For Members between 3 and 12 years old at the time of making a Gear Reservation: $45.00 per day for boots and either skis with poles or a snowboard, plus $10.00 per day for a helmet, and minus $5.00 per day if you use your own boots. 

      1. Payment. For each Gear Reservation, we will charge the Daily Use Fee multiplied by the number of days in your Gear Reservation to the credit card you provide at the time you make a Gear Reservation. You are responsible for any and all Gear Reservations and payment obligations under your Membership.

     

    All amounts in these Terms and Conditions are in US Dollars. For reservations at Whistler Blackcomb, Daily Use Fees may be charged in Canadian Dollars and the exact amount charged may vary from the amounts described above.

     

  2. Selection, Reservation, and Use of Gear.

     

    1. Favorite Gear Selection. You will have the option to select a specific model of ski or snowboard as your favorite (your “Favorite Gear”) for the Membership Season in the “My Epic Gear” section of the My Epic application. You will not have the option to select or change your Favorite Gear selection after December 15, 2024 (the “Favorite Gear Deadline”).  You will not be eligible for a refund of the Membership Fee due to i) inability to select certain models of skis or snowboards as your Favorite Gear, or ii) failure to select your Favorite Gear by the Favorite Gear Deadline. 

    2. Reserving Gear. After you have created your Profile, you can begin making Gear Reservations in the “My Epic Gear” section of the My Epic application beginning in Fall 2024. We cannot make Gear Reservations by phone, email, or in person. Gear Reservations are subject to inventory availability.   

      1. Favorite Gear. We will provide you with your Favorite Gear if you make a Gear Reservation for your Favorite Gear at least 7 calendar days before the first day of your scheduled Gear Reservation.  If you reserve your Favorite Gear at least 7 calendar days before the first day of your scheduled Gear Reservation and we cannot fulfill your Gear Reservation with your Favorite Gear, we will offer you a comparable alternative at a discount of fifty percent (50%) off the Daily Use Fee for the length of your Gear Reservation. If you make a Gear Reservation less than 7 calendar days before the first day of your scheduled Gear Reservation, Favorite Gear will be subject to inventory availability.   

      2. Boots. You will have the option to use our boots or bring your own boots for each Gear Reservation. Your Daily Use Fee will reflect your selection as described in Section I.d of these Terms & Conditions. If you choose to use our boots, we will recommend a boot based on the information you entered during your Profile set up in the My Epic application. If you choose to bring your own boots, you must complete a visual inspection for Gear compatibility before we can fulfill your Gear Reservation. The visual inspection of your boots is required at the beginning of each Gear Reservation for which you use your own boots and any time you change your Gear. If your boots do not pass the visual inspection, you will be required to use our boots subject to the Daily Use Fee set forth in Section I.d.  

      3. Additional Gear.  

        1. Helmet. You will have the option to reserve a helmet for each Gear Reservation. Your Daily Use Fee will reflect your selection as described in Section I.d of these Terms & Conditions.

        2. Poles. We will provide poles with each Gear Reservation for skis. 

      4. Cancellations and No Shows. You may cancel your Gear Reservation at any time prior to your scheduled Gear Reservation.  

        1. 48 Hours or More in Advance. 48 hours or more before 8:00 am local time on the first day of your Gear Reservation, you can cancel your Gear Reservation either in the “My Epic Gear” section of the My Epic application or by calling us at (970) 754-1000, and we will refund your Daily Use Fees for the length of your Gear Reservation. We cannot cancel Gear Reservations by email or in person. 

        2. Less Than 48 Hours in Advance. You must call us at (970) 754-1000 in order to cancel a Gear Reservation less than 48 hours before 8:00 am local time on the first day of your scheduled Gear Reservation (a “Late Cancellation”). We cannot process Late Cancellations via the My Epic application, by email, or in person.

          1. For your first Late Cancellation during the Membership Season, we will refund your Daily Use Fees for the length of your Gear Reservation.  

          2. For subsequent Late Cancellations during the Membership Season, we will retain a cancellation fee equal to the Daily Use Fees for the length of your Gear Reservation. To avoid cancellation fees, you may reschedule your Gear Reservation for a later date in the Membership Season. If you reschedule, your Gear Reservation will be subject to then-available inventory and time and method of Gear delivery or pick-up, which may be different from your original Gear Reservation. 

        3. Favorite Gear. We will refund your Daily Use Fees for the length of your Gear Reservation if you elect to cancel your Gear Reservation at any time if Favorite Gear you reserved at least 7 calendar days in advance is unavailable.

        4. No Shows. If you do not cancel your Gear Reservation and do not pick up or accept delivery of your Gear or call us at (970) 754-1000 within 24 hours of 8:00 am on the first day of your scheduled Gear Reservation, we will retain a cancellation fee equal to the Daily Use Fees for the length of your Gear Reservation. 

    3. Gear Reservation Changes. All changes to Gear Reservations will be subject to availability, which may be different from your original Gear Reservation. For any changes that you cannot make in the My Epic application, call us at (970) 754-1000.

    4. Gear Delivery and Pick-Up. You will have the option to select your preferred Gear delivery or pick-up method during your Gear Reservation process.

      1. Delivery. Gear is available for in-resort delivery in most Participating Resort locations when you provide a valid delivery address within our delivery radius. We may modify our delivery radius from time to time, in our sole discretion, and without notice. Delivery, or your preferred delivery time, may not be available for all Gear Reservations.

      2. Pick-Up. If in-resort delivery is not available, or if you elect, you can pick up your Gear. Your skis (including poles) or snowboard will be available for pick-up at one of our slopeside My Epic Gear locations (“Slopeside Locations”) or, in certain cases, at a designated My Epic Gear member support services location (“Member Services Locations”), and your helmet and boots will be available for pick-up at a Member Services Location. You can find a complete list of the Slopeside Locations and Member Services Locations in the My Epic application or at myepicgear.com/locations. Not all Slopeside Locations or Member Service Locations may be available when you make your Gear Reservation. 

    5. Confirmation. You can view your Gear Reservation and delivery or pick-up method in the My Epic application.

    6. Gear Storage. For each night of your Gear Reservation, you can elect to drop off your skis (including poles) or snowboard at one of our Slopeside Locations during operating hours for overnight storage, subject to availability.  Storage is not available for boots or helmets. 

    7. Gear Return.

      1. Locations. You must return your Gear to a designated Gear return location during the Participating Resort’s operating hours on the last day of your scheduled Gear Reservation as follows: 

        1. Skis and Snowboards. Return your skis (including poles) or snowboard to a Slopeside Location or Member Services Location or arrange for pick-up at an in-resort location by contacting Member Services at (970) 754-1000. 

        2. Boots and Helmets. Return your boots and/or helmet to a Members Services Location or arrange for pick-up at an in-resort location by contacting Member Services at (970) 754-1000.

      2. Late Returns Charge. We will charge the credit card used for your Gear Reservation an additional fee equal to the Daily Use Fee for your Gear Reservation for any Gear you return after a) the operating hours of the applicable Participating Resort on the last day of your Gear Reservation or b) your scheduled in-resort pick up time, and a fee equal to the Daily Use Fee for your Gear Reservation for each additional day that you do not return your Gear.  

    8. Use of Gear. Any Gear you reserve is intended for your use only and you may not allow anyone else to use the Gear under your Gear Reservation. You are responsible for all use of the Gear under your Gear Reservation.

    9. Damage to Gear. You will be responsible for all repair costs associated with damage to any Gear as a result of your use and/or all replacement costs if we deem, in our sole discretion, the Gear non-repairable. 

    10. Stolen or Lost Gear. We may charge you, and you will be responsible for, the cost of a comparable replacement for any Gear we presume, in our sole discretion, lost or stolen.

  3. Membership Participation Requirements. Your ongoing membership is subject to the following requirements:

     

    1. Primary Credit Card. You will maintain a valid primary credit card in your My Epic Account. 

    2. My Epic App. You will download the My Epic application to your mobile device, create a My Epic Account, and install any updates we make to the My Epic application during the Membership Season. Membership and use of the My Epic application requires a functioning internet connection. We are not responsible for the availability or quality of internet service during your Membership or use of the My Epic application. We will have no liability to you with respect to your continued Membership or use of the My Epic application if you fail to upgrade the application upon release of a new version or your inability to use the My Epic application or the benefits of your Membership following such an upgrade. Standard carrier data charges may apply to your use of the My Epic application. Your use of the My Epic application may also be governed by the terms and policies of your mobile network provider, the application store from which you download the My Epic application, your device manufacturer or operating system/software provider, and/or credit card or third-party payment provider.  

    3. My Epic Gear Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement. YOU AGREE TO BE BOUND BY THE MY EPIC GEAR RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT. IF YOU DO NOT ACCEPT THE MY EPIC GEAR RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT, YOUR MEMBERSHIP WILL NOT BE ACTIVATED AND YOU WILL NOT BE ABLE TO RESERVE GEAR. 

     

  4. Additional Terms.

    1. Termination of Membership. We reserve the right to terminate your Membership at any time if you are in breach of these Terms & Conditions or if your season pass or lift access product is revoked for any reason.  

    2. Non-Transferrable. Memberships are personal and cannot be transferred.

    3. Feedback. We may solicit your feedback concerning your Membership, the My Epic application, and our related services from time to time. If you provide feedback to us, all such feedback will be our sole and exclusive property, and you hereby agree to assign all right title in interest to all intellectual property rights therein to Vail Resorts. 

    4. Resort Access. Access to ski or ride at a Participating Resort requires the purchase of a valid season pass or other lift access product. Your Membership does not guarantee: (i) access to any resorts, facilities, or amenities at any given time or for any number of days or (ii) any particular guest experience or your satisfaction with your guest experience at or with any resorts, facilities, or amenities. Visit the Lift Access Product Terms of Sale page on epicpass.com for more information about resort access.

    5. Third Party Sites. The “My Epic Gear” section of the My Epic application may contain links to third party websites. When you click on a link to any other website or location, you will leave our My Epic application and access technology we do not own or control. We encourage you to read the privacy policies of every website and application you visit. We are not responsible, and are not liable in any way, for the third party’s technology, content, or services you access. Visit the Privacy Policy page on epicpass.com for more information.

    6. Governing Law. These Terms & Conditions and the relationship between you and Vail Resorts of your Membership will be governed by the laws of the State of Colorado, without regard to its conflict of law principles, in the same manner as such laws are applied to agreements made, entered into, and performed entirely in Colorado. 

    7. Forum Selection. All lawsuits relating to or arising out of these Terms & Conditions will be brought in the state courts located in Broomfield County, 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.

    8. 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 & Conditions must be filed within 1 year after such claim or cause of action arose or be forever barred. 

    9. 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 and each of its resorts, subsidiaries, affiliates, and their respective officers, directors, employees, contractors, representatives, and agents (the “Vail Resorts Parties”), and any associated losses, damages, and expenses (including attorney fees) that relate to, arise out of, or may arise out of the operation of our resorts, your use of or inability to use your Membership during the Membership Season for which it was purchased, or a breach of these Terms & Conditions or any of other terms or policies referenced herein. The Terms & Conditions outlined herein are your sole remedy against any of the Vail Resorts Parties in connection with your Membership. 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.

    10. Limitation of Liability and Disclaimers. 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: (i) YOUR PARTICIPATION IN OR INABILITY TO PARTICIPATE IN YOUR MEMBERSHIP, OR (ii) THE USE OR CONDITION OF THE GEAR OR ANY OTHER ITEMS PROVIDED UNDER THESE TERMS & CONDITIONS, INCLUDING WITHOUT LIMITATION CLAIMS ALLEGING PROPERTY DAMAGE OR INDIVIDUAL HARM; OR (iii) ANY VIOLATION BY US OF THESE TERMS & CONDITIONS OR OTHER TERMS OR POLICIES REFERENCED HEREIN. NOTWITHSTANDING THE FOREGOING, SUCH LIABILITY WILL NOT IN THE AGGREGATE EXCEED THE AMOUNT YOU PAID FOR YOUR MEMBERSHIP. WE DO NOT REPRESENT THAT THE MY EPIC APPLICATION OR MY EPIC GEAR MEMBERSHIP WILL OPERATE WITHOUT INTERRUPTION OR ERROR, NOR DO WE PROVIDE ANY ASSURANCES OF THE AVAILABILITY OR USABILITY OF THE MY EPIC APPLICATION WITH ALL DEVICES. 

    11. 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. 

    12. Class Action and Jury Waiver. YOU MAY ONLY RESOLVE DISPUTES RELATING TO OR ARISING OUT OF THESE TERMS & CONDITIONS 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 & CONDITIONS. 

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

    14. Controlling Terms; Entire Agreement. These Terms & Conditions supersede all previous terms, agreements, representations, warranties, or commitments, whether in writing or oral, between you and Vail Resorts with respect to the subject matter hereof.  

    15. Modification. These Terms & Conditions may be modified only by Vail Resorts. Vail Resorts expressly reserves the right, in its sole and absolute discretion, to modify any portion of these Terms & Conditions, or any related policy, procedure, or practice. If we make a material change to these Terms & Conditions, we will post the amended terms on myepicgear.com. You are responsible for periodically reviewing these Terms & Conditions for updates and amendments. Your purchase of a Membership, your payment of any amount owed towards the purchase of any Membership or Gear Reservation, or your use of your Membership, following our posting of revised Terms & Conditions constitutes an acceptance of the amended terms.