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Resort policies

Our resort policies are in place to help us provide a safe and friendly environment for our guests. Your safety on the mountain is our highest priority at Brian Head Resort. Because there are some inherent risks to snowsports, we encourage you to learn about the risks and to adhere to responsible skier/rider conduct.

Brian Head Mountain Patrol and Mountain Management enforce skier safety at Brian Head Mountain every day of the season. They can also answer any questions about mountain safety policies.

Mountain Policies

Season pass refunds

The current season pass refund option can be found here.

If you have any questions about the season pass refund option, please call (435) 677-2035 or email [email protected]

Passholder rules

Current passholder rules can be found here.

If you have any questions about the season pass refund option, please call (435) 677-2035 or email [email protected]

Refund Policy

Within 48 hours of the ticket or lesson purchase, you are eligible for a 100% refund paid to the payment device used to purchase your lift or activity ticket, or bike rental. Tickets and rentals are not refundable or transferable on the date valid. After you make your purchase, up to 11:59 pm MST on the day before your arrival date, you may defer your ticket or rental and receive a credit in the US dollar amount of your original purchase.

Credit can be used for lift tickets and rentals. Credit will be provided electronically, as 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, or resort merchandise. Credit expires April 30th, 2023. 

The Resort does not guarantee parking, road conditions, weather conditions, snow conditions, open terrain, number of lift 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, lessons or tubing due to inclement weather or unforeseen interruptions to daily operations.

If you have any questions about the season pass refund option, please call (435) 677-2035 or email r[email protected].

Mountain safety

Know The Code—Your Responsibility Code

Brian Head Resort (“Resort”) strives to educate skiers and snowboarders about slope safety.  In addition to those using traditional alpine ski equipment, others on the slopes include snowboarders, telemark skiers, skiers with disabilities, skiers with specialized equipment, and others.  Always show courtesy to others and be aware that there are elements of risk in skiing and snowboarding that common sense and personal awareness can help reduce.

While skiing and snowboarding at Brian Head Resort, please observe the Your Responsibility Code below and be courteous to others.  Know the Code.  It’s your responsibility.

  1. Always stay in control and be able to stop or avoid objects.
  2. People ahead of you have the right of way.  It is your responsibility to avoid them.
  3. Do not stop where you obstruct the trail or are not visible from above.
  4. Whenever starting downhill or merging into a trail, yield to others.
  5. Always use devices to help prevent runaway equipment.
  6. Observe all posted signs and warnings. Keep off closed trails and out of closed areas.
  7. Prior to using any lift, you must know how to load, ride, and unload safely.

Mountain Code of Conduct

Brian Head Resort reserves the right to terminate skiing and riding privileges on a first offense of the Code of Conduct if it determines, in its sole discretion, that such action is appropriate.  Especially egregious behavior could result in an individual being banned from the Resort indefinitely.  It is the individual’s responsibility to understand and adhere to all rules, laws or regulations of the Resort, Town, county, and state.

The following will not be tolerated at Brian Head Resort:

  • Fast and/or reckless skiing and riding.
  • Removing, damaging, and/or defacing any sign, boundary line, trail indicator, or other Resort infrastructure.
  • Refusal to present and/or relinquish your pass to a mountain employee when requested.
  • Violent behavior or abusive, foul, or threatening language.
  • Skiing/riding in a closed area.  It is your responsibility to know what trails are open and closed.
  • Going over or under a rope or past another trail closure indicator.
  • Riding a lift or skiing/riding while under the influence of alcohol or drugs.
  • Actions or behaviors that in the Resort’s sole judgment may endanger your safety or the safety of others.
  • Violating the law, including the Skiers Responsibility Code.

Alcohol and Drugs

Only designated Brian Head Resort outlets may allow for open containers on our decks, patios, and base areas.  Alcohol is not allowed to be consumed in the lift line or on the chair lifts.

Brian Head Resort operates under a Special Use Permit with the Dixie National Forest.  Drug use and possession are illegal on Federal property.  The Resort has a strict policy against substances and asks that you please respect our policy.

Collisions

You must be in control and avoid the person downhill of your path. A skier/snowboarder involved in a collision with another skier/snowboarder that results in an injury shall not leave the vicinity of the collision before giving the skier’s/snowboarder’s name and current address and telephone number to an employee of Brian Head Resort.  This does not prohibit a skier/snowboarder from leaving the scene of a collision to secure first aid for a person who is injured in the collision.  If a skier/snowboarder leaves the scene of a collision to secure first aid, the skier/snowboarder shall leave their name, current address, and telephone number as required after securing the first aid.

In Case of Injury

  • If someone is injured, remain calm, cross skis or place a snowboard securely in the snow above the accident.
  • Call Ski Patrol at (435) 223-0601, (435) 691-0844, or call 911.
  • Patrol will ask for the number of the phone from which you are calling and your location, age, sex/gender, event, and about the resources available to you.

Slow Zones

Certain areas and trails at Brian Head Resort are designated as SLOW ZONES.  Please observe these posted slow areas by maintaining a speed no faster than the general flow of traffic.  Space and speed are especially important in these areas.  Fast and aggressive skiing/snowboarding will not be tolerated.

Signage

Various informational and caution signage is located throughout the ski area.  Please read, understand and follow all rules and related signage.  Skiers and riders should be advised that a green circle, blue square, or black diamond trail at Brian Head Resort is not necessarily the same as a green circle, blue square or black diamond trail at other resorts.  The system is a relative rating of trails at each resort, and does not compare trail difficulty between resorts.  Skiers and riders should begin with the easiest terrain and move up in difficulty as their ability permits.  Some terrain may be closed due to potential hazards.  Please respect all signage and closures.

Electronic Devices

Brian Head Resort discourages the use of electronic devices (cell phones, music players or earphones) while skiing/riding, or loading or unloading lifts. External music devices playing unreasonably loud or explicit/vulgar language will not be permitted.

Helmet Usage

Brian Head Resort highly recommends wearing helmets while skiing and riding.  Skiers and snowboarders are encouraged to educate themselves on the benefits and limitations of helmet usage.  The primary safety consideration and obligation under Your Responsibility Code is to ski and ride in a controlled and responsible manner.  Helmets are available for purchase and rental at the Resort’s Giant Steps and Navajo Lodges.

Helmets are required in the summer mountain bike park.

Lift Safety

Skiers and snowboarders cannot board a lift unless they have the knowledge to negotiate or use the lift safely or until they have asked for and received information sufficient to enable them to use the lift safely.  Skiers and snowboarders may not use a lift or any ski trail while under the influence of alcohol or drugs.

Mountain Bikers must know how to load and unload the lift safely. This includes loading your own bike into the carriers. Brian Head is not responsible for damage caused by a misloaded bicycle.

  • Be familiar with the type of lift you are riding, and ask for help if you need it.
  • Before loading, remove backpacks and secure loose items. Remove pole straps from wrists.
  • Look over your shoulder to watch the chair approach.
  • Sit all the way in the chair, with your back to the seat rest.
  • If the lift has a restraint bar, wait until everyone is seated, and slowly reach up and lower the bar. Do not attempt to lower the bar if you cannot reach it! Adults should always help kids to lower the bar.
  • Be aware of your surroundings while riding the lift. If you drop something, let it fall! You can always ask ski patrol for help retrieving the lost item.
  • As you approach the top terminal, prepare to raise the bar. Look for signs advising you to do so to help with your timing.

Terrain parks

The terrain parks at Brian Head Resort are a great place to take your skiing and snowboarding to the next level, but we always want to make sure our park riders are safe.

It is important to be mindful of your ability level and not take on anything too challenging. Our parks are designed for skiers and riders to progressively learn how to handle different features.

Learn more about park safety from the National Ski Areas Association.

Some resorts designate features as small, medium and large. Be aware these ratings are determined by size, not degree of difficulty, and are relative only to that resort. Freestyle Terrain use, like all skiing and riding, exposes the user to the risk of serious injury. Prior to using freestyle terrain, it is the user’s responsibility to become familiar with all instructions and posted warnings and to follow Your Responsibility Code and PARK SMART.

Service dogs

Service Dog Policy

The law* defines a Service Animal as any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability.

NOT service animals are those animals whose sole purpose is to provide emotional support, well-being, comfort, or companionship or to serve a crime deterrent.

Individuals with disabilities are permitted to be accompanied by their service dog in all public areas of the Resort. However, in the interest of safety, service animals will not be allowed on chair lifts or in ski terrain, including tubing hills, or on any ride or attraction that is not equipped or designed for accessibility to service animals. If you require a service animal that is restricted from an area or activity, the Resort will make reasonable accommodations as long as requirements for safe operations are met. Guests will be asked to provide the Resort with a minimum of 72 hours advance notice regarding accommodations needed for service animals.

The Resort will not discriminate against individuals with disabilities who use service animals if the task or work performed by the service animal are directly related to the individual’s disability.  All service dogs must meet current ADA guidelines to include, but not be limited to: remaining under the direct control of the user at all times; be house broken; and be trained and utilized for a specific disability approved by ADA regulations. A service animal shall have a harness, leash, or other tether, unless either the handler is unable because of a disability to use a harness, leash, or other tether, or the use of a harness, leash, or other tether would interfere with the service animal’s safe, effective performance of work or tasks, in which case the service animal must be otherwise under the handler’s control (e.g., voice control, signals, or other effective means).

Where it is not obvious that a dog is a service dog, Authorized personnel may inquire as to the following: 1) if the animal is required because of a disability and (2) what work or task the animal has been trained to perform.

Authorized personnel will request that a service dog be removed from the premises if: (1) The animal is out of control and the animal’s handler does not take immediate effective action to control it; or (2) The animal is not housebroken. If the service animal is removed, the Resort will make all reasonable efforts to accommodate the individual with a disability despite the absence of the service dog.

It is the Resort’s objective, for everyone to have a safe and enjoyable time while visiting the ski area.

* 28 C.F.R. Part 35.136 which also applies under 42 U.S.C. section794

Ski Bike Policy

Ski Bike Policy

Brian Head Resort accommodates skiers and snowboarders using traditional equipment that must include bindings and ski retention devices. Brian Head Resort also accommodates ski bike operators. Ski bikes are a  hybrid approach for downhill skiing.

  1. Ski Bikes must be commercially manufactured or a commercially manufactured conversion kit for a mountain bike.
  2. Ski Bikes must be equipped with an appropriate retention device to prevent runaway equipment.
  3. Ski bikes must not impede the natural flow of lift operations.
  4. Users must be able to know how to load and unload the lift safely.

Devices without appropriate binding systems, restraining devices, and foot passengers are not allowed on lifts or terrain. Recreational devices NOT allowed on Brian Head Resort slopes at any time include sleds, toboggans, ski scooters, snow skateboards, snowshoes, sled dogs & similar devices, snowmobiles, et cetera.

Exceptions are made only for disabled skiers using acceptable adaptive equipment that includes a binding and retention device. If disabled skier cannot load, ride, or unload the lift by themselves safely, then they must be accompanied by their personal assistant.Click here for visual policy and more details.

Car & RV Camping

Car/RV Camping Policy

Brian Head Resort allows overnight camping free of charge for resort patrons on the upper level of the Navajo Lodge parking lot. Campers are responsible for the removal of their own waste and adhering to best “Leave No Trace” practices. Campers may be asked to provide proof of patronship in the form of a lift ticket, pass, or reservation confirmation. Limited weekend camping is available in the Giant Steps parking lot on select weekends with prior approval from the reservations department. Facilities are not provided at either location. (435) 677-2035.

Exceptions are made only for disabled skiers using acceptable adaptive equipment that includes a binding and retention device. If disabled skier cannot load, ride, or unload the lift by themselves safely, then they must be accompanied by their personal assistant.Click here for visual policy and more details.

E-Bike Policy

E-Bike Policy

Brian Head Resort Bike Park operates primarily within Dixie National Forest boundaries. Their current policy prohibits E-Bikes on non-motorized trails. Before loading the chairlift with an E-Bike, a guest must clearly demonstrate to the Lift Operators that the power source has been disconnected and the bike has been effectively reduced to human pedal power only. The bike will not be allowed on the lift otherwise.  Brian Head does not recommend using E-Bikes in the mountain bike park. Their weight makes them difficult to unload, and the guest needlessly risks damaging an expensive piece of equipment. Brian Head Resort does not include uphill travel at any time. This includes, but not limited to hiking, biking or any other uphill traffic.

Uphill Traffic

Uphill Traffic Policy

Unless otherwise authorized by management, Brian Head Resort does not allow non-skiing/snowboarding uphill traffic at any time during the winter season. This includes preseason setup and postseason cleanup. Uphill non-skiing/snowboarding traffic and activities include, but are not limited to, hiking, snowshoeing, skinning, sledding, bicycling, or other similar uphill traffic. Absolutely no snowmobiles or other motor vehicles.

Drones

Drone Policy

Due to safety and privacy concerns, Brian Head Resort prohibits the operation or use on or above Resort property of unmanned aerial systems, or drones, by the general public—including model aircraft by recreational users and hobbyists—without prior written authorization from Brian Head Resort.

This prohibition includes drones used for filming or videotaping, as well as any drone use by media or journalists operating above or within the boundaries. This prohibition extends to any devices launched or operated from Resort property, as well as any launched from public or private property outside of the Resort boundaries.

Kids in backpacks

NO CHILDREN IN BACKPACKS ALLOWED

To ensure safety, children riding lifts at Brian Head Resort must be able to load, ride, and unload the lift without being carried. Children in backpacks are not allowed on any lifts or ski trails at Brian Head Resort.

Tips from Ski Patrol

  • Drink plenty of non-alcoholic liquids. Your body’s tendency to dehydrate is greater at higher altitudes.
  • Ultra-Violet rays are more severe at higher elevations.  Protect your skin from the effects of the sun and keep in mind that the snow reflects the sun’s rays.  Wear sunscreen rated at least 30 SPF or higher.
  • Wear eye protection such as sunglasses or goggles. These should filter both UVA and UVB rays and be rated at 90%.  Eyes can sunburn just like your skin.
  • Packed snow can be abrasive. We highly recommend wearing garments that cover your hands, arms and legs completely.
  • Be prepared for quickly changing weather conditions. Dress in layers with your outer layer of clothing being of a water repellent fabric.
  • Wear or carry a ski hat with you. Sixty percent of all body heat is lost out of the top of your head.
  • On especially cold days, be aware of the potential for frost-bite. Drink warm fluids and take breaks often.

Caution

Grooming equipment, snowmobiles, snowmaking equipment, and other vehicles may be encountered at any time.

While rare, both inside and outside of the posted ski area boundary, avalanches may occur at any time without warning.  Become educated on how to reduce the risks through your own education, actions and awareness.

Credit Terms & Conditions

This Lift Ticket Agreement (“Agreement”) is between you and the Power Pass Resort you made your purchase with, which includes 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, Willamette Pass Resort, and Summer Resort (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.

Highlights

  • 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.

Arbitration Provision, Class Action and Jury Trial Waiver

This Agreement includes an Arbitration Provision and a Class Action Waiver and Jury Waiver that govern any disputes between you and us. Unless you opt out, as described below, these provisions will:

  • Eliminate your right to a trial by jury; and
  • Substantially affect your rights, including preventing you from bringing, joining or participating in class or consolidated proceedings.

Lift Tickets, Rentals, Tubing, & Lesson Refund Policy

  • Within 48 hours of the ticket, rental, tubing 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 the day before your arrival date, 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 April, 30th 2023.
  • 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, 2021.
  • 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.

Redemption

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. This Ticket will only be valid at the Resort selected during checkout.

Ticket Management

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 [email protected] or call 435-677-2035.  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.

Privacy Statement

Please read our Privacy Policy at brianhead.com/privacypolicy carefully to understand how we collect, use, and disclose information about customers, how to update or change your personal information, and how we communicate with you.

Promotional Programs

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.

Cancelling 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 cancelled 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.

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.

Assignment

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

This Agreement is the complete and exclusive statement of agreement between you and the Resort you made your purchase with, and supersedes and merges all prior proposals and all other agreements governing your Lift Ticket, access to our property and use of our facilities  (not including Privacy Policy, the Power Pass Terms and Conditions,  rental equipment agreements or lesson agreements, as applicable). If any provision of this Agreement, other than the Class Action Waiver in the Arbitration provision above, is determined to be illegal or unenforceable, that provision will be eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.

Arbitration Provision 

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 brianhead.com or email us at [email protected].

Contact Us

If you have questions about these policies or the practices of this site, please contact:
Brian Head Resort Attn: Website Manager

329 South Highway 143 Brian Head, UT 84719
(970) 385-8901
www.brianhead.com
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