2020/21 Epic Coverage Terms and Conditions

2020/2021 EPIC Coverage Refund Policy 
Terms & Conditions

Last Updated: February 1, 2021

Please read these terms and conditions (“Terms”) carefully. These Terms (in their entirety) form a binding agreement between you and the Vail Corporation d/b/a Vail Resorts Management Company, including its subsidiaries and affiliates (“Vail Resorts”, “we” or “us”).

ADVISORY

SECTION G.6 OF THESE TERMS INCLUDES A FORUM SELECTION CLAUSE BY WHICH YOU WILL FORFEIT ANY RIGHTS YOU MAY HAVE TO SELECT A FORUM FOR LITIGATION RELATING TO OR ARISING OUT OF THESE TERMS OTHER THAN THE FORUM SPECIFIED IN THESE TERMS.

SECTION G.8 OF THESE TERMS INCLUDES A RELEASE BY WHICH YOU WILL FORFEIT CERTAIN CLAIMS YOU MAY HAVE AGAINST VAIL RESORTS, ITS AFFILIATES, ITS SUBSIDIARIES, OR ITS PARTNERS.

SECTION G.9 OF THESE TERMS INCLUDES CERTAIN LIMITATIONS OF LIABILITY BY WHICH YOU WILL FORFEIT ANY RIGHTS TO RECOVER CERTAIN TYPES OF DAMAGES.

SECTION G.11 OF THESE TERMS INCLUDES A CLASS ACTION AND JURY WAIVER BY WHICH YOU WILL FORFEIT ANY RIGHTS YOU MAY HAVE TO A JURY TRIAL OR TO BRING A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION RELATING TO OR ARISING OUT OF THESE TERMS.

SECTION A 

OVERVIEW AND DEFINITIONS

1. EPIC Coverage. The EPIC Coverage Refund Policy (“EPIC Coverage”) is Vail Resorts’ refund policy for all Season Passes. All Season Passes are NON-REFUNDABLE except as set forth in these Terms. EPIC Coverage applies only to Season Passes. It does not apply to any other lift access products.

2. Definitions. The following definitions apply to these Terms.

“Core Season” means the period of December 8, 2020 through April 4, 2021, which shall be deemed to consist of one hundred eighteen (118) days.

“Fixed Season Pass” means a season pass that gives the holder a fixed number of days to use the pass throughout the season, usually ranging from 1 to 10 days. A list of Fixed Season Passes can be found here. 

“General Season Pass” means a season pass that is not limited to a fixed number of days during the season, such as an EPIC Pass or EPIC Local Pass. A list of General Season Passes can be found here.

“Season Pass” or “Pass” means Fixed Season Pass or General Season Pass.

“Partner Resort” means a resort on the list of Partner Resorts found here.

“Purchase Price” means the amount you paid for your Season Pass, net of any taxes, discounts, promotions, or credits (including the 2019/2020 Credit).

“Vail Resorts” means the Vail Corporation, doing business as Vail Resorts Management Company, including any of its subsidiaries and affiliates.

“Vail Resorts Parties” means Vail Resorts and each of its resorts, subsidiaries, affiliates, and their respective officers, directors, employees, contractors, representatives and agents, together with each Partner Resort and their operators, subsidiaries, or affiliates and each of their respective officers, directors, employees, contractors, representatives and agents.

“2019/2020 Credit” means the credit you received for a Season Pass, if applicable, in connection with 2019/2020 resort closures due to the COVID-19 pandemic. 

SECTION B

GENERAL LIMITATIONS ON REFUND ELIGIBILITY

1. EPIC Coverage Only. Your Season Pass is NON-REFUNDABLE unless it qualifies for a full or partial refund under these Terms because of a Reservation Availability Refund Event, a Priority Reservation Cancellation Event, an Extended Resort Closure Event, or a Qualifying Personal Event (each as defined below). You will not be eligible for a refund for any other reason, including but not limited to the following:

a. Weather and Wind. You will not be eligible for a refund based on any inability to use your Pass due to weather- or wind-related events, including snow levels.

b. Transportation Issues. You will not be eligible for a refund based on any inability to use your Pass due to any road closures, traffic issues, parking constraints, flight cancellations, or transportation issues.

c. Psychological Conditions. You will not be eligible for a refund based on any inability to use your Pass due to any mental health, nervous, or psychological conditions.

d. Existing Injury or Illness. You will not be eligible for a refund based on any inability to use your Pass due to any injury, sickness, or other medical condition(s) that existed at the time you purchased your Pass.

e. Reservations Outside Core Season. You will not be eligible for a refund based on any inability to use your Pass solely due to a cancellation of reserved days outside of the Core Season, irrespective of the reason for cancellation.

f. Reservations After December 14, 2020. You will not be eligible for a refund based on any inability to use your Pass due to a cancellation of any reservation that is made on or after December 14, 2020, irrespective of the reason for cancellation.

g. Guest Experience. You will not be eligible for a refund based on your guest experience at any resorts, facilities, or amenities, including with respect to parking. 

h. Criminal Acts. You will not be eligible for a refund based on an inability to use your Pass due to any criminal acts you commit.

i. Pass Revocation. You will not be eligible for a refund based on any inability to use your Pass due to your Pass being revoked, confiscated, canceled, and/or de-activated because Vail Resorts, its Partner Resorts, or the ski area operator determined, in their sole and exclusive judgment, that you acted in a manner that could endanger the safety or health of any person, violated any law or resort or facility policy, engaged in any fraud, misconduct, or malfeasance, created a nuisance, failed to pay any amounts due for your Pass, or for other good cause.

2. No EPIC Coverage for Partner Resorts. Only resorts owned and operated by Vail Resorts are covered by EPIC Coverage. EPIC Coverage does not provide refunds related to any Partner Resorts or in connection with any matters concerning Partner Resorts. 

3. No EPIC Coverage for Australian Resorts. Only North American resorts are covered by EPIC Coverage. EPIC Coverage does not provide refunds related to any resorts in Australia or in connection with any matters concerning any resorts in Australia. 

4. No Days Remaining on Fixed Season Pass. You will not be eligible for any refunds if you have used all of the days on your Fixed Season Pass.

5. Pass Insurance. You will not be eligible for any refund if you purchased 2020/2021 Pass Insurance and receive any payout under that policy.

6. Single Refund Eligibility. In the event you submit multiple timely and valid requests for refunds under EPIC Coverage, Vail Resorts will process the request that provides the highest available refund amount under these Terms and all other requests will be rejected and null and void.

7. Maximum Refund. In no event shall any refund under these Terms exceed the Purchase Price of your Season Pass.

SECTION C

EPIC COVERAGE ELECTIONS

1. Elections. You are permitted, but not required, to make EPIC Coverage elections. You may make a “Core Season” election under EPIC Coverage. If you make a “Core Season” election, you must also make either a “Primary Resort” or “All Resorts” election under EPIC Coverage. EPIC Coverage is designed to provide individualized refund protection, and you can determine what elections to make, if any, under EPIC Coverage.

2. Elections & Priority Reservation Days. If you select one or more Priority Reservation Days and opt to make an EPIC Coverage election, your election will affect your eligibility for a refund, the amount of your refund, and the amount of any Credit Rollover (as defined below), if applicable. If you have selected one or more Priority Reservation Days and do not opt to make an EPIC Coverage election, your refund options will be the refund options that apply to cancelled or unavailable Priority Reservation Days.

3. Making your Election. You may make your election under EPIC Coverage through the “My Account” section online at epicpass.com or by calling 970.754.0057.

4. Deadline to Make or Change your Election. You may make, update, or change your election only between November 6, 2020 and December 14, 2020.

5. Default Elections. If you have not selected any Priority Reservation Days and you do not make any elections under EPIC Coverage before the applicable deadlines for doing so, your elections will automatically default to the “Core Season” and “All Resorts” elections under EPIC Coverage. If you select one or more Priority Reservation Days, your elections will not automatically default to any election options.

SECTION D

RESERVATION AVAILABILITY REFUNDS

1. Reservation System. Vail Resorts’ reservation system for the 2020/2021 season will be made available on or prior to November 6, 2020 on epicpass.com through the “My Account” section of your profile. Vail Resorts has the right, in its sole and absolute discretion, to modify or cease its reservation system at any time and for any reason, and you will not be entitled to a refund in connection with such changes.

2. Priority Reservation. On or before December 14, 2020, you may make priority reservations to use your Pass on days in the Core Season for the lesser of: (i) the number of days available on your Pass and (ii) seven (7) days (each a “Priority Reservation Day”). NO OTHER RESERVATIONS QUALIFY AS PRIORITY RESERVATION DAYS FOR PURPOSES OF EPIC COVERAGE.

3. Refund for Non-Availability of Priority Reservation Days. If you are unable to select one or more of your desired Priority Reservation Days and you have not used your Pass on or before December 7, 2020, you are eligible to receive a refund (a “Reservation Availability Refund Event”). Your inability to make any other reservations will not trigger any eligibility for a refund. Additionally, you will not be eligible for a refund prior to December 7, 2020, if you have at any time between November 6, 2020, and December 7, 2020, selected your maximum amount of Priority Reservation Days. The use of your Season Pass at Partner Resorts or outside of the Core Season, including during early season skiing or riding with EDGE Cards (or other products with similar offerings), will count towards determining whether or not you have used your Pass and your eligibility for a Reservation Availability Refund.

4. Refund Amount. If you are eligible for a refund due to a Reservation Availability Refund Event, the amount of your refund will be your Purchase Price.

5. Credit Rollover Amount. If you used your 2019/2020 Credit towards the purchase of a 2020/2021 Season Pass and you are eligible for a Reservation Availability Refund, you may be eligible to apply all or a portion of the 2019/2020 Credit towards the purchase of an equal or greater value pass for the 2021/2022 ski and ride season (the “Reservation Availability Credit Rollover”). The amount of your Reservation Availability Credit Rollover will be the amount of your 2019/2020 Credit actually applied to your 2020/2021 Season Pass. You cannot redeem any portion of your Credit Rollover for cash. If the Season Pass you purchase for the 2021/2022 season costs less than your Credit Rollover, the remaining portion of the Credit Rollover will be forfeited. Your Credit Rollover is non-transferrable. You must use your Credit Rollover on or before September 6, 2021 or it will expire and be forfeited.

6. How to Request a Reservation Availability Refund.

a. Time to Submit. You must submit a request for a Reservation Availability Refund on or before December 7, 2020. Untimely requests may be rejected.

b. Form of Submission. You must submit any request for a Reservation Availability Refund by following the instructions at epicpass.com on or prior to November 6, 2020. Vail Resorts may reject your refund request if it determines the dates you sought to reserve were available. Improper submissions may be rejected.

7. No Access After Refund. If you receive a Reservation Availability Refund, the Pass for which you received the refund will cease to be valid and you will no longer be able to use the Pass to access any resorts for the remainder of the 2020/2021 season.

SECTION E

C&C REFUNDS

1. Refund Eligibility. You may be eligible for a “Closure and Cancellation Refund” (or “C&C Refund”) if a Priority Reservation Cancellation Event or an Extended Resort Closure Event occurs.

a. A “Priority Reservation Cancellation Event” occurs when Vail Resorts cancels one or more of your Priority Reservation Days as a result of capacity constraints or a Resort Closure Event.

b. A “Resort Closure Event” occurs at a resort when no lifts are operating at that resort due to one or more of the following reasons:

i. The occurrence of a disease, epidemic, or pandemic, including the ongoing COVID-19 pandemic;

ii. The occurrence of a flood, hurricane, tornado, earthquake, fire, or volcanic eruption (each a “Natural Disaster”);

iii. The occurrence of a terrorist attack; or

iv. The occurrence of a hostile or war-like action.

c. An “Extended Resort Closure Event” occurs if you elect Core Season and one of the following occurs:

i. You elected a Primary Resort and the Primary Resort you selected is closed for seven (7) or more consecutive days during the Core Season due to a Resort Closure Event.

ii. You purchased an EPIC Pass, EPIC Local Pass, EPIC Military Pass, or EPIC Day Pass, elected All Resorts, and all of the following ten resorts are simultaneously closed for seven (7) or more consecutive days during the Core Season due to a Resort Closure Event: Vail, Whistler Blackcomb, Breckenridge, Beaver Creek, Crested Butte, Keystone, Park City, Heavenly, NorthStar and Kirkwood.

iii. You purchased a Northeast Value Pass, elected All Resorts, and all of the following five resorts are simultaneously closed for seven (7) or more consecutive days during the Core Season due to a Resort Closure Event: Stowe, Mount Snow, Hunter, Okemo and Mount Sunapee.

iv. You purchased any Season Pass other than those identified in Section E.1.c(i)-(iii) above, elected All Resorts, and all of the resorts to which your Pass provides free access for six (6) or more days during the Core Season are simultaneously closed for seven (7) or more consecutive days during the Core Season due to a Resort Closure Event.

Your eligibility for a refund and the amount of any refund due to an Extended Resort Closure Event is specific to the Extended Resort Closure Event applicable to the Pass you purchased and elections you made.

2. Refund Amount. If you are eligible for a C&C Refund, the amount of your refund will be a percentage of your Purchase Price (i.e., the “C&C Refund Percentage”). The use of your Season Pass at Partner Resorts or outside of the Core Season, including during early season skiing or riding with EDGE Cards (or other products with similar offerings), will count towards the number of days you have used your Pass for purposes of determining the amount of any refund for which you may be eligible. If your C&C Refund Percentage as determined by the applicable formula below is zero or a negative number, you will not receive any refund.

a. Core Season Election or Default with General Season Pass. If you have a General Season Pass and elected or defaulted into Core Season coverage, your C&C Refund Percentage will be calculated based on the following formula:

b. Core Season Elections or Default with Fixed Season Pass. If you have a Fixed Season Pass and elected or defaulted into Core Season coverage, your C&C Refund Percentage will be the lesser of: (i) the percentage of days lost in the Core Season due to Extended Resort Closure Events, and (ii) one minus the number of days you used your Pass divided by the number of days available on your Pass up to a maximum of seven (7), as reflected in the following formula:

c. All Others. If you did not elect or default into Core Season coverage, your C&C Refund Percentage will be calculated based on the following formula:

3. Credit Rollover. If you used your 2019/2020 Credit towards the purchase of a 2020/2021 Season Pass and you are eligible for a C&C Refund, you may be eligible to apply all or a portion of the 2019/2020 Credit towards the purchase of an equal or greater value pass for the 2021/2022 ski and ride season (the “C&C Credit Rollover”). The amount of your C&C Credit Rollover will equal your C&C Refund Percentage multiplied by the amount of your 2019/2020 Credit actually applied to your 2020/2021 Season Pass. If your C&C Refund Percentage was zero or a negative number, you will not be eligible for any C&C Credit Rollover. You can only redeem your Credit Rollover towards the purchase of a single Season Pass for the 2021/2022 season. You cannot redeem any portion of your Credit Rollover for cash. If the Season Pass you purchase for the 2021/2022 season costs less than your Credit Rollover, the remaining portion of the Credit Rollover will be forfeited. Your Credit Rollover is non-transferrable. You must use your Credit Rollover on or before September 6, 2021 or it will expire and be forfeited.

4. How to Request a C&C Refund.

a. Time to Submit. You may only submit a request for a C&C Refund between May 1, 2021 and May 31, 2021. Untimely submissions may be rejected.

b. Form of Submission. Vail Resorts will provide a form and instructions for submitting a request for a C&C Refund on epicpass.com on or prior to May 1, 2021. You must submit your request through the method provided. Improper submissions may be rejected.

5. No Access After Refund. If you receive any C&C Refund, the Pass for which you received the refund will cease to be valid and you will no longer be able to use the Pass to access any resorts for the remainder of the 2020/2021 season.

SECTION F 

PERSONAL EVENT REFUNDS

1. Refund Eligibility. You may be eligible for a “Personal Event Refund” if you are prevented from using your Pass during the Core Season due to a “Qualifying Personal Event”. A Qualifying Personal Event is one or more of the following:

a.Stay-at Home Order. You are unable to use your Pass during the Core Season because the municipality, county, state, province, or country in which your Permanent Residence is located is subject to a “quarantine,” “stay-at-home,” “shelter-in-place” or other comparable mandatory governmental order lasting thirty (30) or more consecutive days, at least seven (7) days of which are during the Core Season. Your “Permanent Residence” refers to your fixed, permanent and principal home for legal and tax purposes.

b.Tourist Visa Rejection. You are unable to use your Pass during the Core Season due to a tourist visa rejection that prevents your entry into the United States or Canada. Vail Resorts may require verifiable proof of visa rejection as a condition of eligibility for a refund under this Qualifying Personal Event. 

c.Travel Restrictions - United States. You are unable to use your Pass during the Core Season due to a government-imposed prohibition on your entry into the United States that affects all similarly situated travelers for thirty (30) or more consecutive days, at least seven (7) days of which are during the Core Season.

d.Travel Restrictions - Canada. You are domiciled in the State of Washington or outside of the United States and you are unable to use your Pass during the Core Season due to a government-imposed prohibition on your entry into Canada or the Province of British Columbia that affects all similarly situated travelers for thirty (30) or more consecutive days, at least seven (7) days of which are during the Core Season.

e.Job Loss. You are unable to use your Pass during the Core Season because, after you purchase your Pass, you or your spouse or domestic partner who lives in the same Permanent Residence (each a “Domestic Partner”) are/is involuntarily terminated or laid off from full-time employment by an employer for which you or your Domestic Partner had been continuously employed for at least one year immediately preceding the termination or lay off. This provision is not applicable to part-time employees, temporary employees, independent contractors, gig workers, or self-employed persons.

f.Work Visa Renewals. You are unable to use your Pass during the Core Season because you or your Domestic Partner require a work visa to be employed in the United States or Canada and your work visa is not renewed after you purchase your Pass. This provision is not applicable to part-time employees, temporary employees, independent contractors, gig workers, or self-employed persons.

g.Employment Transfer. You are unable to use your Pass during the Core Season because you or your Domestic Partner have an involuntary, employer-initiated transfer after you purchase your Pass that: (i) is within the same organization for which you or your Domestic Partner have been continuously employed for at least one year immediately preceding the transfer; and (ii) involves your or your Domestic Partner’s relocation from your current Permanent Residence to a residence that is 100 or more miles further away from any resort covered by your Pass. This provision only applies if you live within 150 miles of a resort for which your Pass provides access.

h.Military Service. You are unable to use your Pass during the Core Season because after you purchase your Pass, you or your Domestic Partner are called to military service, your military leave is revoked, you are deployed or you are reassigned to a different duty station that is 100 or more miles further away from any resort covered by your Pass than your current assigned duty station.

i.Personal Illness. You are unable to use your Pass during the Core Season because you suffer from a physical illness or physical disease diagnosed after you purchase your Pass by a Physician that prevents you from using your Pass for thirty (30) or more consecutive days, at least seven (7) days of which are during the Core Season. A “Physician” is a licensed doctor practicing in the fields of medical, surgical or dental services who is acting within the scope of their license and who is not you, a traveling companion, a Family Member, a person related to you or a business partner. The term “Family Member” means your child, Domestic Partner, brother, sister, mother, father, step-child, step-brother, step-sister, step-parents, legal guardian, foster child, ward or legal ward. This provision applies only if you provide verification from a Physician.

j.Personal Injury. You are unable to use your Pass during the Core Season because you suffer an accidental bodily injury that occurs after you purchase your Pass and that injury prevents you from using your Pass for thirty (30) or more consecutive days, at least seven (7) days of which are during the Core Season. This provision applies only if you provide verification from a Physician.

k.Family Member Illness or Injury. You are unable to use your Pass during the Core Season because a Family Member who lives in the same Permanent Residence as you suffers from an illness or disease diagnosed after you purchase your Pass or suffers an accidental bodily injury after you purchase your Pass and that injury is either immediately life threatening or requires your continued care for that Family Member for thirty (30) or more consecutive days, at least seven (7) days of which are during the Core Season. This provision applies only if you provide verification from a Physician.

l.Death. You are unable to use your Pass during the Core Season due to your own death (in which case the refund will be awarded to another Family Member with the same Permanent Residence) or the death of a Family Member who lives in the same Permanent Residence that occurs after you purchase your Pass. 

m.Natural Disaster. You are unable to use your Pass for thirty (30) or more consecutive days, at least seven (7) days of which are during the Core Season, because your Permanent Residence is made uninhabitable (meaning the building structure is unstable and there is risk of collapse) after you purchase your Pass in whole or in part due to a Natural Disaster (as defined above) after you purchase your Pass.

n.Subpoena/Jury Duty. You are unable to use your Pass during the Core Season because you are subpoenaed or required to serve on a jury and that subpoena or jury service prevents you from using your Pass for thirty (30) days, at least seven (7) days of which are during the Core Season.

o.Personal Medical Quarantine. You are unable to use your Pass during the Core Season because you are quarantined at the direction of a Physician after you purchase your Pass for at least thirty (30) or more consecutive days, at least seven (7) days of which are during the Core Season. This provision applies only if you provide verification from the Physician.

p.Student Transfer. You are a college student, enrolled in at least twelve (12) credits if you are an undergraduate or six (6) credits if you are a graduate student, and you are unable to use your Pass during the Core Season because, after you purchased your Pass, you (a) transfer to a school located 100 miles or more further away from any resort covered by your Pass than your current school, (b) are accepted into a foreign study program that will cause you to be out of the country for thirty (30) or more consecutive days during the Core Season or (c) graduate and begin work at a job that is 100 or more miles further away from any resort covered by your Pass than your current school. This provision only applies if your current school is located within 150 miles of a resort for which your Pass provides access.

q.Pregnancy. You are unable to use your Pass during the Core Season because you or your Domestic Partner learn you are pregnant after you purchase your Pass. 

r.Adoption. You are unable to use your Pass during the Core Season because you adopt a child after you purchase your Pass.

s.Minor Dependent.  You are under the age of 18 and are unable to use your Pass because your parent or legal guardian has experienced a Qualifying Personal Event. 

2.Refund Amounts. If you are eligible for a Personal Event Refund, the amount of your refund will be a percentage of your Purchase Price (the “Personal Event Refund Percentage”). The use of your Season Pass at Partner Resorts or outside of the Core Season, including during early season skiing or riding with EDGE Cards (or other products with similar offerings), will count towards the number of days you have used your Pass for purposes of determining the amount of any refund for which you may be eligible. In no event will you receive any Personal Event Refund if you have used your Pass on seven (7) or more days. If your Personal Event Refund Percentage as determined by the applicable formula below is zero or a negative number, you will not receive any refund.

a.General Season Pass. If you purchased a General Season Pass, your Personal Event Refund Percentage will be calculated based on the number of days that you had used your Pass as of the date your refund request is processed, as follows:

b. Fixed Season Pass. If you purchased a Fixed Season Pass, your Personal Event Refund Percentage is one minus the number of days you used your Pass divided by the number of days available on your Pass up to a maximum of seven (7), as reflected in the following formula: 

3.Credit Rollover. If you used your 2019/2020 Credit towards the purchase of a 2020/2021 Season Pass and you are eligible for a Personal Event Refund, you may be eligible to apply all or a portion of the 2019/2020 Credit towards the purchase of an equal or greater value pass for the 2021/2022 ski and ride season (the “Personal Event Credit Rollover”). The amount of your Personal Event Credit Rollover will equal your Personal Event Refund Percentage multiplied by the amount of your 2019/2020 Credit actually applied to your 2020/2021 Season Pass. You can only redeem your Credit Rollover towards the purchase of a single Season Pass for the 2021/2022 season. You cannot redeem any portion of your Credit Rollover for cash. If the Season Pass you purchase for the 2021/2022 season costs less than your Credit Rollover, the remaining portion of the Credit Rollover will be forfeited. Your Credit Rollover is non-transferrable. You must use your Credit Rollover on or before September 6, 2021 or it will expire and be forfeited.

4.How to Request for a Personal Event Refund. 

a.Time Limitations. You must submit your request for a Personal Event Refund within thirty (30) days of when the Qualifying Personal Event arises. Untimely submissions may be rejected.

b.Form of Request. You must submit any request for a Personal Event Refund either by calling 1-877-895-1297, or by emailing a representative at NewLosses@ACMClaims.com. When submitting your request by phone or email, you must provide your name, the type of Pass you purchased, your Pass identification number, along with a description of the Qualifying Personal Event and reasonable proof to verify the occurrence of the Qualifying Personal Event. Improper submissions may be rejected.

c.Proof Requirements. Vail Resorts reserves the right to require you to submit proof to verify and establish the Qualifying Personal Event that is the basis for which you request a refund. This proof may include Physician verifications, videos, photos, travel documents, or other material we deem necessary to evaluate your refund request. You have an obligation to cooperate with us in our efforts to verify your Qualifying Personal Event, and we reserve the right to deny your refund request if you fail to do so. If you are unable to provide acceptable proof of a Qualifying Personal Event (as determined in our sole and absolute discretion) we reserve the right to deny your refund request.

5.No Access After Refund. If you receive any Personal Event Refund, the Pass for which you received the refund will cease to be valid and you will no longer be able to use the Pass to access any resorts for the remainder of the 2020/2021 season.

SECTION G

ADDITIONAL TERMS

1. Processing of Request. Vail Resorts will act reasonably to respond to your refund request in a timely manner, but does not guarantee that your refund request will be processed within any specified or maximum period of time. The number of days that you used your Pass will be determined as of the date your refund request is processed.

2. Refund of Taxes. If you receive a refund under EPIC Coverage, Vail Resorts will refund all or a portion taxes paid in an amount based on applicable taxes.

3. Multiple Pass Purchasers. In the event you purchase multiple passes for yourself,  Vail Resorts will determine, in its sole discretion, the number of Priority Reservation Days associated with each pass, the number of days you used each pass, and the amount of any refund(s) under EPIC Coverage for which you may be eligible.

4. Non-Transferrable. Unless otherwise noted, EPIC Coverage is personal to you and cannot be transferred.

5. Governing Law. These Terms and the relationship between you and Vail Resorts will be governed by the laws of the State of Colorado in the same manner as such laws are applied to agreements made, entered into, and performed entirely in Colorado.

6.Forum Selection. All lawsuits relating to or arising out of these Terms will be brought in the Federal or State Courts located in 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.

7. 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 must be filed within one (1) year after such claim or cause of action arose or be forever barred.

8.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 or any Vail Resorts Parties and any associated losses, damages and expenses (including attorneys’ fees), that relate to, arise out of, or may arise out of the operation of our resorts or Partner Resorts, your inability to use your Season Pass or other lift access product during the season for which it was purchased, or a violation of these Terms or any of other terms or policies referenced herein. Refunds under the EPIC Coverage Refund Policy or the Terms of Sale are your sole remedy against any of the Vail Resorts Parties in connection with the operation of our resorts or Partner Resorts or your inability to use your Season Pass or other lift access product during the season for which it was purchased.

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.

9.Limitation of Liability. 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 SUCHDAMAGES), INCLUDING BUT NOT LIMITED TO AS A RESULT OF: (A) THE OPERATION OF OUR RESORTS OR PARTNER RESORTS, INCLUDING THE OPERATION OF RESERVATION OR REDUCED CAPACITY SYSTEMS, (B) YOUR USE OF OR INABILITY TO USE ANY SEASON PASS OR OTHER LIFT ACCESS PRODUCT, OR (C) ANY VIOLATION BY US OF these TERMS OR OTHER TERMS OR POLICIES REFERENCED HEREIN, INCLUDING THE EPIC Coverage Refund Policy and the Terms of Sale. NOTWITHSTANDING THE FOREGOING, SUCH LIABILITY WILL NOT IN THE AGGREGATE EXCEED THE AMOUNT YOU PAID FOR THE SEASON PASS OR OTHER LIFT ACCESS PRODUCT YOU PURCHASED.

10. 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.

11.Class Action and Jury Waiver. You may only resolve disputes RELATING TO OR arising out of these Terms with us 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.

12. Electronic Communications Notice. You agree to provide a valid email address for the express purpose of receiving communications regarding this transaction. You understand this may be the only manner by which you will receive such communications. When you use our website or send emails to us, you are communicating with us electronically. You consent to receiving communications from us electronically. We may communicate with you by email or posting notices on the applicable website. You agree that all agreements and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. In order to access any such communications, you must have a computer or other Internet-enabled device. In order to retain copies of any such communications, you must have a printer or data storage device. If you have a printer, you may print paper copies of any such communications for your own use. If you wish to withdraw your consent for us to communicate with you electronically, you may not use our website.

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

14. Controlling Terms. These Terms 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. Acceptance. Your purchase of a Season Pass constitutes your acceptance of these Terms.

a. Existing Passholders. If you already purchased a Pass and do not wish to accept these Terms, you will have until September 17, 2020 to request a refund of your Pass and opt-out of these Terms. If you request a refund of your Pass, you will be refunded your Purchase Price. Your pass will cease to be valid and you will not be able to use it to access any resorts, facilities, or amenities. Your failure to opt out of these Terms or your use of your Pass constitutes your acceptance of these Terms.

b. Auto-Renew Passholders. If you participate in our auto-renew program, you will have until September 13, 2020 to request a refund of your Pass and opt-out of these Terms. If you request a refund of your Pass, you will be refunded all amounts charged up to your Purchase Price. Your pass will cease to be valid and you will not be able to use it to access any resorts, facilities, or amenities. Your failure to opt out of these Terms or your use of your Pass constitutes your acceptance of these Terms.

c. Opt-Out Instructions. Vail Resorts will provide instructions to Existing Passholders and Auto-Renew Passholders regarding the process for opting-out.

16. Modifications. We may need to make changes to any portion of these Terms, including any of the terms and conditions of any policies or other agreements referenced herein. If we make a material change to these Terms, we will provide notice to you of such change and/or post the amended terms on epicpass.com. Your use of your Pass or your purchase of a Pass following our posting of revised Terms or provision of a change notice of revised Terms constitutes an acceptance of the amended terms.

17. Questions. If you have any questions regarding EPIC Coverage, these Terms or other inquiries, please visit epicpass.com and view our FAQs or email us at comments@vailresorts.com.