Oregon Duties of Skiers
ORS 30.970 (Definitions for ORS 30.970 to 30.990
(1)“Inherent risks of skiing” includes, but is not limited to, those dangers or conditions which are an integral part of the sport, such as changing weather conditions, variations or steepness in terrain, snow or ice conditions, surface or subsurface conditions, bare spots, creeks and gullies, forest growth, rocks, stumps, lift towers and other structures and their components, collisions with other skiers and a skier’s failure to ski within the skier’s own ability.
(2)“Injury” means any personal injury or property damage or loss.
(3)“Skier” means any person who is in a ski area for the purpose of engaging in the sport of skiing or who rides as a passenger on any ski lift device.
(4)“Ski area” means any area designated and maintained by a ski area operator for skiing.
(5)“Ski area operator” means those persons, and their agents, officers, employees or representatives, who operate a ski area. [1979 c.665 §1]
ORS 30.975 (Skiers assume certain risks)
In accordance with ORS 31.600 (Contributory negligence not bar to recovery) and notwithstanding ORS 31.620 (Doctrines of last clear chance and implied assumption of risk abolished) (2), an individual who engages in the sport of skiing, alpine or nordic, accepts and assumes the inherent risks of skiing insofar as they are reasonably obvious, expected or necessary. [1979 c.665 §2]
ORS 30.980 (Notice to ski area operator of injury to skier)
(1)A ski area operator shall be notified of any injury to a skier by registered or certified mail within 180 days after the injury or within 180 days after the skier discovers, or reasonably should have discovered, such injury.
(2)When an injury results in a skier’s death, the required notice of the injury may be presented to the ski area operator by or on behalf of the personal representative of the deceased, or any person who may, under ORS 30.020 (Action for wrongful death), maintain an action for the wrongful death of the skier, within 180 days after the date of the death which resulted from the injury. However, if the skier whose injury resulted in death presented a notice to the ski area operator that would have been sufficient under this section had the skier lived, notice of the death to the ski area operator is not necessary.
(3)An action against a ski area operator to recover damages for injuries to a skier shall be commenced within two years of the date of the injuries. However, ORS 12.160 (Suspension for minors and persons who have disabling mental condition) and 12.190 (Effect of death on limitations) apply to such actions.
(4)Failure to give notice as required by this section bars a claim for injuries or wrongful death unless:
(a)The ski area operator had knowledge of the injury or death within the 180-day period after its occurrence;
(b)The skier or skier’s beneficiaries had good cause for failure to give notice as required by this section; or
(c)The ski area operator failed to comply with subsection (5) of this section.
(5)Ski area operators shall give to skiers, in a manner reasonably calculated to inform, notice of the requirements for notifying a ski area operator of injury and the effect of a failure to provide such notice under this section. [1979 c.665 §3]
ORS 30.985 (Duties of Skiers)
ORS 30.985 Duties of skiers; effect of failure to comply. (1) Skiers shall have duties which may include but are not limited to the following:
(a) Skiers who ski in any area not designated for skiing within the permit area assume the inherent risks thereof.
(b) Skiers shall be the sole judges of the limits of their skills and their ability to meet and overcome the inherent risks of skiing and shall maintain reasonable control of speed and course.
(c) Skiers shall abide by the directions and instructions of the ski area operator.
(d) Skiers shall familiarize themselves with posted information on location and degree of difficulty of trails and slopes to the extent reasonably possible before skiing on any slope or trail.
(e) Skiers shall not cross the uphill track of any surface lift except at points clearly designated by the ski area operator.
(f) Skiers shall not overtake any other skier except in such a manner as to avoid contact and shall grant the right of way to the overtaken skier.
(g) Skiers shall yield to other skiers when entering a trail or starting downhill.
(h) Skiers must wear retention straps or other devices to prevent runaway Equipment .
(i) Skiers shall not board rope tows, wire rope tows, j-bars, t-bars, ski lifts or other similar devices unless they have sufficient ability to use the devices, and skiers shall follow any written or verbal instructions that are given regarding the devices.
(j) Skiers, when involved in a skiing accident, shall not depart from the ski area without leaving their names and addresses if reasonably possible.
(k) A skier who is injured should, if reasonably possible, give notice of the injury to the ski area operator before leaving the ski area.
(L) Skiers shall not embark or disembark from a ski lift except at designated areas or by the authority of the ski area operator.
Violation of any of the duties of skiers set forth in Section 1 of ORS 30.985 entitles the ski area operator to withdraw the violator’s privilege of skiing. [1979 c.665 §4]
ORS 30.990 (Operators required to give skiers notice of duties)
Ski area operators shall give notice to skiers of their duties under ORS 30.985 (Duties of skiers) in a manner reasonably calculated to inform skiers of those duties. [1979 c.665 §5]
Ticket Terms & Conditions
IMPORTANT – ALL PURCHASES ARE NON-REFUNDABLE:
Terms & Conditions
This Lift Ticket Agreement (“Agreement”) is between you and the Power Pass Resort you made your purchase with, which include Arizona Snowbowl, Brian Head Resort, Hesperus Ski Area, Nordic Valley Ski Resort, Pajarito Mountain Ski Area, Purgatory Resort, Purgatory Snowcat Adventures, Spider Mountain, Sipapu Ski and Summer Resort, Lee Canyon, Valle Nevado and Willamette Pass (hereinafter each separately referred to as “Resort”, “we” or “us”) and describes the terms and conditions that apply to your limited license to enter and use authorized facilities owned or operated by the Resort. The proof of purchase of such a limited license is a “Lift Ticket”. By buying or using your Lift Ticket, you agree to these terms.
- Lift ticket and lesson prices vary by visitor age, day of the week, time of year, and time of entry. You must purchase tickets and lessons for the visitor at the day and time that the visitor plans to visit the Resort.
- Lift tickets purchased between September 22, 2022 and April 30, 2023 may be changed and redeemed for future lift ticket purchases during the 2022/2023 winter season. See below for our refund policy.
- All lift passengers during the winter season must wear skis, snowboard, or resort-authorized snow-riding or biking equipment. Please contact email for inquiries about accommodations for disabled visitors.
- The Resort does not guarantee parking, road conditions, weather conditions, snow conditions, open terrain, number of lifts operating or facilities/services available. Inclement weather routinely affects daily operations and can cause delays and closures at any time. Refunds and credits will not be issued for tickets, rentals or lessons due to inclement weather or other unforeseen interruptions to daily operations.
- Hours and operations vary by day and at each resort and may change. Please visit your resort website for current information.
- You must obey all federal, state and local laws while on our property and you must obey resort safety, courtesy, health, and traffic rules that are posted on the property.
- Rentals are issued on a first come first serve basis. Pre-paying for rental equipment online may speed up your checkout, but does not guarantee availability of the equipment you requested. Please arrive early.
Lift Tickets, Rentals & Lessons Refund Policy
- Within 48 hours of the ticket, rental or lesson purchase, you are eligible for a 100% refund paid to the payment device used to purchase your lift ticket, rental, or lesson. Tickets, rentals, and lessons are not refundable or transferable on the date valid.
- After you make your purchase, up to 11:59 pm on the day before your product(s) are valid, you may defer your ticket, rental or lessons and receive a credit in the US dollar amount of your original purchase.This credit is valid only at the resort where the original purchase was made.
- Credit can be used for lift tickets, lessons, and rentals. Credit will be provided electronically, and made available in an online account.
- Credit amounts will be based on the ticket purchaser’s actual purchase price, less insurance, if applicable. If you use your credit on a ticket that is more expensive, you must pay the price difference between the credit and the new ticket.
- Credit can NOT be used for lodging, food, beverage, resort merchandise, or at any MCP resort other than the one where the original purchase was made.
- Credit expires ____________.
- Lift tickets received as a benefit associated with other tickets that are not purchased by the visitor directly for us and/or complimentary passes are not eligible for credit. This refund policy may not apply to lift tickets purchased from an authorized third party seller or from a tour operator as part of a bundled package or trip, and purchasers should discuss with their authorized third party seller or tour operator how the refund policy applies to their purchase.
- Deferral of a lift ticket is only available for tickets that are unused at the time of the deferral request. A ticket is “unused” if the ticket has not been scanned or used to access any Power Pass Resort destination after September 22, 2022.
- Ticket exchanges must be done online.
There is no fee to change your plans. Other than as expressly stated here, all terms and conditions applicable to Power Pass product and season pass purchases remain in full force and effect and these products continue to be non-refundable.
Pricing and Transfer
Lift ticket, lesson and rental prices vary by visitor age, day of the week, time of year, and time of entry. You must purchase tickets and lessons for the visitor at the day and time that the visitor plans to visit the Resort. Tickets and lessons are non-transferrable, i.e., you may not buy a ticket or lesson for one person and give that ticket or lesson to a different person.
Online, print or other advertised prices do not always guarantee the lowest price. Other specials may be available. Discounts cannot be combined with other offers. If you purchase through a reseller, travel company, or tour, check to see which terms and conditions apply. These companies may have additional terms and conditions not stated here. The refund policy may not apply to purchases made through third parties.
Permission to Film or Videotape
Purchase of this ticket or pass constitutes consent for us to use film, video or reproduction of the image and/or voice of a pass or ticket holder on any Resort properties for any purpose allowed by law without any payment or notification to the pass or ticket holder.
When you purchase your lift ticket, you must select the resort at which you will use the ticket: Arizona Snowbowl, Brian Head Resort, Hesperus Ski Area, Nordic Valley Ski Resort, Pajarito Mountain Ski Area, Purgatory Resort, Purgatory Snowcat Adventures, Spider Mountain, Sipapu Ski and Summer Resort, Lee Canyon, Valle Nevado, Willamette Pass. This Ticket will only be valid at the Resort selected during checkout.
You can manage your lift tickets and ticket deferral credits through the resort website that you purchased from.
Billing Errors, Corrections
If you have questions regarding your use of ticket deferral credits, please contact Customer Service at [insert email] or call [insert phone number]. We will correct the balance of your credits if we believe that a clerical, billing, or accounting error occurred. We have no obligation to review or correct any billing error unless you provide us sufficient notice for us to review your claim within sixty (60) days of the date of the error in question.
Fraud Associated with Your Lift Tickets or Resort Credit
We will not accept any tickets or passes, or will limit use of any tickets, passes or credits, if we reasonably believe that the use is unauthorized, fraudulent or otherwise unlawful, and we consider such action appropriate to limit our risk. Power Passes are non-transferable. Lift tickets are non-transferable. DO NOT PURCHASE ANY RESORT TICKETS OR POWER PASSES OR LIFT TICKETS FROM THIRD PARTIES.
We have no liability to you for any third-party fraud or unlawful activity associated with any credit balance. If we discover any Power Pass or credit was sourced or derived from fraud or other unlawful means, we may in our sole discretion, cancel all impacted passes and credits and retain all related balances without notice to you. We may use retained balances to help offset our liability to card companies, networks and issuers of lost or stolen credit and debit cards used to purchase or load Power Passes or lift tickets.
From time to time, we may, in our sole discretion, run promotional programs associated with lift tickets. These promotions are subject to these terms, as well as additional terms as indicated in connection with the promotions. We reserve the right to modify the terms and conditions of any promotion at any time, including and up to terminating the promotion.
Changes to This Agreement
We may amend this Agreement at any time. We will post the amended Agreement to our website and for a period of thirty (30) days after we post the amended Agreement, we will also post a notice on our website stating that the terms of this Agreement have changed. As permitted by applicable law, any change, addition or deletion will become effective at the time we post the revised Agreement to our website. Unless we state otherwise, the change, addition, or deletion will apply to your future and existing lift tickets. You are deemed to accept the changes, additions or deletions if: (1) you do not notify us to the contrary in writing within 20 days of the date of our notice or such other time specified in the notice; or (2) you use any of your lift tickets after such notice period. If you notify us that you do not accept the changes, additions or deletions, we will cancel your lift tickets and refund any remaining balance to you.
Canceling This Agreement
We may suspend or terminate this Agreement and revoke or limit any or all of the rights and privileges granted to you at any time without notice or liability. Termination may result from your fraudulent or unauthorized use of the Lift Ticket including your failure to provide valid information. If we terminate this Agreement without cause, we will refund you or issue store credits equal to the balance on your canceled lift ticket(s), less any amounts that you may owe us.
Local Governing Laws
For resorts in Arizona (Arizona Snowbowl), your lift ticket is issued from the State of Arizona and transactions are processed within the State of Arizona. This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona notwithstanding any conflict of law rules.
For resorts in Colorado (Hesperus Ski Area, Purgatory Resort, Snowcat Adventures) your lift ticket is issued from the State of Colorado and transactions are processed within the State of Colorado. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado notwithstanding any conflict of law rules.
For resorts in New Mexico (Pajarito Mountain Ski Area, Sipapu Ski and Summer Resort), your lift ticket is issued from the State of New Mexico and transactions are processed within the State of New Mexico. This Agreement shall be governed by and construed in accordance with the laws of the State of New Mexico notwithstanding any conflict of law rules.
For resorts in Texas (Spider Mountain), your lift ticket is issued from the State of Texas and transactions are processed within the State of Texas. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas notwithstanding any conflict of law rules.
For resorts in Utah (Brian Head Resort, Nordic Valley Ski Resort), your lift ticket is issued from the State of Utah and transactions are processed within the State of Utah. This Agreement shall be governed by and construed in accordance with the laws of the State of Utah notwithstanding any conflict of law rules.
For resorts in Oregon (Willamette Pass), your lift ticket is issued from the State of Oregon and transactions are processed within the State of Oregon. This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon notwithstanding any conflict of law rules.
For resorts in Nevada (Lee Canyon), your lift ticket is issued from the State of Nevada and transactions are processed within the State of Nevada. This Agreement shall be governed by and construed in accordance with the laws of the State of Nevada notwithstanding any conflict of law rules.
ADDITIONAL AGREEMENT WHEN USING THE PASS IN THE REPUBLIC OF CHILE: Your ticket will be subject to the Civil Code of the Republic of Chile and holder agrees to the exclusive venue and jurisdiction of the Courts of Chile for any and all such claims, including all issues of liability and damages, and that Holder specifically waives and releases all rights to venue, jurisdiction or law for any claims or legal actions in or under the laws of the United States of America.
Disclaimers and Limits of Liability
Your purchase and use of lift tickets is subject to a separate disclaimer and limitation of liability. Please read that document carefully as it is a contract between you and the parties therein. The terms of that agreement are incorporated into this Agreement, as if the language was repeated fully here.
We may assign all or part of this Agreement without notice to you. We are then released from all liability. You may not assign this Agreement without our permission in writing.
Entire Agreement, Construction
Please read this section carefully. It affects rights that you may otherwise have.
This Arbitration Provision provides for resolution of most disputes through arbitration instead of court trials and class actions. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of this Agreement.
Binding Arbitration. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to this Lift Ticket Agreement, your Lift Ticket and your relationship with us. Any dispute or claim arising out of or relating to this Agreement or use of the Power Charge Card and your relationship with any Power Pass Resort company or any subsidiary, parent or affiliate company or companies (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration, except that either of us may take claims to small claims court if they qualify for hearing by such a court.
Opt-Out. Notwithstanding the above, you may choose to pursue your claim in court and not by arbitration if you opt out of this arbitration provision within 30 days from the earliest of the date you purchased or used your Lift Ticket (the “Opt Out Deadline”) after this Agreement has gone into effect. You may opt out of these arbitration procedures by sending us a written notice that you opt out to the following address: Resort Name Attn: Department, [insert address of who is administering program]. Any opt-out received after the Opt Out Deadline (allowing three (3) additional days for mailing) will not be valid and you must pursue your claim in arbitration or small claims court.
Arbitration Procedures. For all disputes, whether pursued in court or arbitration, you must first send a written description of your claim to our Customer Service department using the appropriate link at [insert customer service website] to allow us an opportunity to resolve the dispute. You and we each agree to negotiate your claim in good faith. You may request arbitration if your claim or dispute cannot be resolved within 60 days. Any statutes of limitations will be tolled during this 60 days.
Arbitration Rules and Remedies. The arbitration of any dispute or claim shall be conducted in accordance with the rules of the American Arbitration Association (“AAA”), including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this Agreement. The AAA Rules and information about arbitration and fees are available online at www.adr.org. You and we agree that this Agreement evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law, and not governed by state law. Any arbitration will be held in a reasonably convenient location in the state in which you reside or at another mutually agreed location. The arbitration will be conducted in the English language. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief to the extent required to satisfy your individual claim, and must follow and enforce this Agreement as a court would. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.
Costs of Arbitration. Upon filing of the arbitration demand, we will pay all filing, administration and arbitrator fees other than the initial $200 filing fee, and for claims of less than $1,000, the Resort will reimburse you for the filing fee within 30 days of receiving a written request from you. Each party will bear the fees and expense of its own attorneys, experts, witnesses and preparation and presentation of evidence at the arbitration. However, for claims under $10,000 as to which you provided notice and negotiated in good faith as required above before initiating arbitration, if the arbitrator finds you are the prevailing party in the arbitration, you will be entitled to a recovery of reasonable attorneys’ fees and costs. Except for claims determined to be frivolous, we agree not to seek an award of attorneys’ fees in arbitration even if an award is otherwise available under applicable law.
Class Action Waiver and Jury Waiver
You and we each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If a court or arbitrator determines in an action between you and us that this class action waiver is unenforceable, the arbitration agreement will be void as to you. If you opt out of the arbitration provision as specified above, this class action waiver provision will not apply to you. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated or representative proceeding without having complied with the opt out procedure set forth above. If for any reason a claim proceeds in court rather than through arbitration, you and we each waive any right to a jury trial.
Inquiries or Questions
If you have any questions regarding this Agreement, your lift ticket or the refund policy, please visit our website at Willamettepass.ski or email us at [email protected]
Website Use Legal Statement
ATTENTION: PLEASE READ ALL THESE PROVISIONS (“TERMS”) CAREFULLY BEFORE USING THIS WEB SITE. USING THIS WEB SITE INDICATES YOUR AGREEMENT AND ACCEPTANCE OF THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEB SITE OR DOWNLOAD MATERIALS FROM THIS SITE.
The Site and its Use
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Limitation of Liability
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Information Provided By You
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Linking to Site:
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