Resort Charge Billing Agreement

RESORT CHARGE BILLING AGREEMENT
Program: The party accepting this Billing Agreement (“you” or “your”) has purchased a pass or pack product (“Pass”) from Alterra Mountain Company or its subsidiaries, Alpine Meadows Ski Resort, LLC and Squaw Valley Ski Holdings, LLC (each individually and collectively “Alterra Mtn. Co” , “we”, “us”, “our”) that allows for your participation in the Resort Charge Program which shall allow you and/or your Friends & Family Members’ (as defined herein) to use your/their Pass to make purchases at participating Squaw Valley/Alpine Meadows resort locations in accordance with this Billing Agreement (the “Program”). You hereby enroll in the Program and grant us permission to charge your payment card which you provided to us as part of this Billing Agreement (“Payment Card”) for any and all charges incurred for goods and services, including additional ski days at the applicable published day rate. You hereby acknowledge and accept full responsibility for and guarantee payment of all amounts charged to the Payment Card, whether or not such use is authorized by you. You agree that you will be liable for all charges incurred by any person who uses your Pass or your Friends & Family Members’ pass(es) associated with the Program whether with or without permission, unless prior to any such charges, we receive notice that your Pass or your Friends & Family Members’ pass product is lost or stolen, as provided below. Furthermore, you understand and accept that you may complete a transaction under the Program by presenting photo identification at a participating location in lieu of your Pass.

Term: This Billing Agreement will continue until terminated or cancelled and will apply to your subsequent Pass renewals and/or purchases until cancelled or terminated by either party in accordance with the terms set forth herein.

Lost Pass Product: Please keep your Pass in a safe and secure location. If you lose your Pass, please contact us immediately by contacting (800) 403-0206 or cancel the Program on the lost pass(es) by logging into your account at ikonpass.com and changing your settings to turn off Resort Charge. You will be responsible for charges incurred prior to your notification to us regarding the status of your Pass. If you choose to contest charges made prior to the time of your notification to us, your sole option is to seek a remedy from your credit card company.Termination/Cancellation: You may terminate this Agreement at any time by contacting any of our customer service centers at (800) 403-0206. Such termination shall take effect immediately; provided, however, that such termination shall not, in any manner whatsoever, release you from liability and responsibility for any amounts charged under the Program prior to the effective date of such termination. The Program is offered at our sole discretion and may be cancelled at any time. However, such cancellation shall not, in any manner whatsoever, release you from liability and responsibility for any amounts charged under the Program prior to the effective date of such cancellation.

Change in Payment Card Status: You also acknowledge that it is your responsibility to notify us of any changes to your Payment Card, including any changes to the account number or expiration date, cancellation of your Payment Card, or change of billing address. You may update your Payment Card details online by signing into your account and navigating to the payment and billing page. Failure to update such changes may result in
cancellation of your ability to use the Pass associated with the Program or to participate in the Program. Please do not email us your Payment Card information.

Friends & Family Members Authorization: If you have enrolled family members, friends, or any other third-party (“Friends & Family Members”) in the Program, you understand and agree that we will activate each of your Friends & Family Members pass product(s) media for the purpose of enabling them to purchase products, goods, and services using the Payment Card associated with your account. You expressly authorize Friends & Family Members to use their pass products to charge purchases against your Payment Card at our resort locations and you expressly agree to remit payment therefore in accordance with the terms of this Billing Agreement.

Guarantee: You agree, acknowledge and accept full responsibility for, and guarantees payment of all amounts charged in connection with, or arising out of, your or your Friends & Family Members enrollment in the Program.

Default/Non-Payment: You agree that we may pursue all options for collection, to recover any and all charges and other unpaid amounts due and owing by you to us. In connection with any litigation/collection arising out of this Billing Agreement, we shall be entitled to recover all costs incurred, including reasonable attorneys’ fees and disbursements, which shall include any appellate and post-judgment proceedings.

Governing Law & Venue: Any question, claim, or controversy arising out of or related to this Billing Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to any conflict of laws principles that would require application of other laws. You irrevocably and unconditionally: (i) consent and submit to the exclusive jurisdiction of the state and federal courts located in the County of Placer, State of California and (ii) if brought in such court(s), waive any claim that any such action arising out of or related to this Billing Agreement has been brought in an inconvenient forum.

Credit Card Authorization: You hereby authorize us to charge your Payment Card for charges at Squaw Valley | Alpine Meadows.

Truth in Lending: You acknowledge and agree that the transaction between you and us 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 you by your credit card company.