2020-2021 Non-Refundable Gems Card TERMS & CONDITIONS
The 2020-21 Colorado Gems Card provides each cardholder with a non-transferable, non-refundable discount card which entitles the cardholder to whom a card is issued to obtain discounts, subject to the terms and conditions set forth below, at participating Colorado Ski Country USA (CSCUSA) member resorts during the 2020-21 season. All CSCUSA participating resorts reserve the right to withdraw from the program at any time and to restrict or prohibit discount lift tickets obtained using the Gems Card. Gems cards cannot be used in conjunction with other resort offers or from being used by participants in special events or races or competitions of any kind. The following CSCUSA resorts are participating for the 2020-21 season:
The Gems Card is valid at participating CSCUSA member resorts during the 2020-21 ski season. The Gems card may be used to obtain no more than two (2) days of discount tickets at each participating CSCUSA resort during the winter season. The Gems Card is not valid December 19, 2020-January 2, 2021 and is subject to additional blackout dates, opening and closing dates and operational limitations. Late season opening, mid-season and/or early season closing do not warrant refunds or transfers.
The discount options provided on the Gems Card are: 2-for-1 discount off the listed adult lift ticket price at each participating ski area OR 30% off the listed adult ticket price at the participating ski area. Lift tickets obtained with the Gems Card may not be transferred or re-sold to any other person, including family members or relatives except when the option of “2-for-1” tickets is obtained with the Gems Card and may be transferred to another person but not for monetary consideration. It is a violation of Colorado law to resell lift tickets. CSCUSA will immediately revoke a Gems Card if the passholder transfers use of the Card, or of any lift ticket obtained with the Gems Card, to another person, for monetary consideration or otherwise except when the option of “2-for-1” tickets is obtained with the Gems Card.
The Gems Cardholder must appear at the lift ticket window each time the passholder wishes to obtain a discounted lift ticket. No advance purchase is available. The Gems Cardholder must present the 2020-21 Gems Card and photo identification to the lift ticket office on the day of intended purchase. One discount option may be obtained per day. Gems Cardholders are responsible for proper use of the pass at all times. CSCUSA will revoke and cancel a Gems card without notice for any misuse. In the event of pass misuse and cancellation, CSCUSA may recover damages to CSCUSA and/or to participating CSCUSA member resorts arising from pass misuse, including reasonable attorney’s fees. CSCUSA reserves the right to modify or cancel the pass program at any time and to modify or cancel all Gems Cards at any time with or without notice. CSCUSA is not responsible for expenses incurred or opportunities foregone by Gems Cardholders if CSCUSA modifies or cancels the program. All Gems Cardholders agree to comply with all rules of participating CSCUSA member resorts and with all applicable laws and regulations, including the Colorado Ski Safety Act. All information provided in the purchase becomes the property of CSCUSA and may be used by CSCUSA and its member resorts for verification, marketing, or research purposes.
ASSUMPTION OF RISK AND GENERAL RELEASE OF LIABILITY:
The undersigned purchaser(s) (“purchasers”) for the Gems Card agree that they have read, understand, and agree to comply with the terms and conditions which are incorporated herein by reference. The undersigned acknowledge and understand that the purchasers and any additional participants who gain lift ticket access with the purchaser, as a “skier,” ASSUMES THE RISK of the dangers and conditions which are part of the sport of skiing under Colorado Law. Purchasers acknowledge that falls and collisions occur, and injuries or death may result from participation in the sport of skiing. Purchasers hereby ASSUME ALL RISKS associated with the Cardholder’s participation in the Program, known or unknown, inherent or otherwise, including but not limited to, injury and/or death to the Cardholder and guest, and HEREBY RELEASE CSCUSA, its participating member resorts, Program partners and sponsors, respective subsidiaries, affiliates, directors, officers, employees and agents (the “Released Parties”) from ANY AND ALL LIABILITY and/or claims that the undersigned Purchasers or other participants may be entitled to bring that arise from the purchaser’s participation in the Program, including claims based on NEGLIGENCE OR BREACH OF WARRANTY. The Purchasers AGREE TO INDEMNIFY and hold harmless the Released Parties from any and all claims of the Cardholder or additional participants arising in whole or in part from the Purchaser’s participation in the Program. In consideration for participation in the Program, the Purchaser agree that all claims for injury and/or death arising from the Purchaser or additional participants participation in the program shall be governed by the law of the State of Colorado, and exclusive jurisdiction of any claim shall be in the State or Federal Courts of the State of Colorado.
Participating Colorado Ski Country USA ski areas have taken enhanced health and safety measures-for you, our employees and our other guests. You must follow all posted instructions while visiting participating ski areas. An inherent risk of exposure to COVID-19 exists in any public place where people are present. COVID-19 is an extremely contagious disease that can lead to severe illness and death. According to the Centers for Disease Control and Prevention, senior citizens and guests with underlying medical conditions are especially vulnerable. By visiting a Colorado Ski Country USA participating ski area, you voluntarily assume all risks related to exposure to COVID-19.
I am agreeing to the terms of the above assumption of risk and release of liability agreement on behalf of myself, additional participants who gained lift ticket access with the purchaser’s Gems Card, and anyone else who may make a claim on behalf of the purchaser. I have read this agreement carefully; I fully understand its contents and I voluntarily agree to its terms.