Indianhead Operations LLC & Blackjack, LLC d/b/a Big Snow Resorts
Terms & Conditions
Last revised: 9/28/2016
These Terms and Conditions apply to your use of www.bigsnow.com, www.indianheadmtn.com, www.skiblackjack.com, and shop.bigsnow.com (each a “Site” and collectively referred to herein as the “Sites”). The Sites are owned and operated by Indianhead Operations LLC and Blackjack, LLC d/b/a Big Snow Resorts (collectively referred to herein as “Big Snow Resorts”) (including affiliates). YOUR USE OF THE SITES NAMED ABOVE AND YOUR PARTICIPATION OF ANY ACTIVITIES OFFERED AT BIG SNOW RESORTS IS GOVERNED BY THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE SITES OR ANY SERVICES OFFERED BY THE SITS OR AT BIG SNOW RESORTS. BY ACCESSING, BROWSING, OR OTHERWISE USING THE SITES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS AND CONDITIONS.
Intellectual Property Ownership
Unless otherwise noted, all text, content and documents on the Sites, any names, logos, service marks, and trademarks appearing on the Sites (hereinafter collectively referred to as the “Content”) are owned by us or used with permission or under license from a third party (hereinafter collectively referred to as the "Owner") and are protected under copyright, trademark and other intellectual property and proprietary rights laws. All right, title and interest in and to the Content will at all times remain with us and/or its Owners. You agree that all the Content has great value and good will associated with it and any violation of Owner’s right to the Content would cause irreparable injury to the Owner and, therefore, injunctive relief to protect Owner’s interests would be appropriate (without limitation of any of Owner’s other rights at law).
Submissions by you
Consent to jurisdiction
By using the Sites or Big Snow Resorts, you agree and acknowledge that your use of the Sites or Big Snow Resorts is governed by U.S. law, and you consent to the application of the laws of the United States and/or the State of Michigan, other than such rules, regulations, case law, and/or international treaties that would result in the application of the laws of a jurisdiction other than the United States or the State of Michigan and to the exclusive jurisdiction of the District Court for Gogebic County, Michigan.
WITHOUT LIMITING THE FOREGOING, THE CONTENT AND EVERYTHING ON THE SITES IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN WE HEREBY GRANT THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY SUCH APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, OUR EMPLOYEES AGENTS, SUPPLIERS OR ANY OTHER PERSONS SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION. ADDITIONALLY, WE DO NOT MAKE ANY WARRANTIES THAT THE SITES WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT YOUR USE OF THE SITES WILL MEET YOUR EXPECTATIONS, OR THAT THE SITES OR CONTENT, OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. WE RESERVE THE RIGHT TO CHANGE ANY PART OF THE SITES AT ANYTIME WITHOUT NOTICE.
Notice of Inherent Risks and Assumption of Risks
PARTICIPATION IN ANY AND ALL WINTER RECREATION ACTIVITIES AT BIG SNOW RESORTS, INCLUDING WITHOUT LIMITATION SKIING, SNOWBOARDING, SIGHT SEEING, CLIMBING, SNOWSHOEING, SNOWMOBILING AND USE OF THE SKI LIFTS, FACILITIES AND TERRAIN, INVOLVES SUBSTANTIAL AND INHERENT RISKS, HAZARDS, AND DANGERS THAT MAY RESULT IN PERSONAL INJURY, INCAPACITY, PARALYSIS, DEATH OR DAMAGE TO PROPERTY; SUCH RISKS AND DANGERS INCLUDE WITHOUT LIMITATION, VARIATIONS IN TERRAIN; EXISTING AND CHANGING SNOW CONDITIONS; CHANGING WEATHER CONDITIONS; LIGHTNING; THUNDER STORMS; DIFFICULTY WITH ROUTE FINDING; SKI LIFT, MECHANICAL AND EQUIPMENT FAILURES; ROCKS; STUMPS; TREES; CLIFFS; STREAMS; WILDLIFE; CLOSED AREAS; COLLISIONS WITH OTHER SKIERS; AND COLLISIONS WITH NATURAL AND MAN-MADE OBJECTS AND FEATURES WHICH MAY NOT BE MARKED. SNOWMAKING AND GROOMING ACTIVITIES AND EQUIPMENT, AND SNOWMOBILES MAY BE ENCOUNTERED AT ANY TIME. YOU UNDERSTAND, ACCEPT, AND ASSUME RESPONSIBILITY FOR OBEYING ALL INFORMATION, RULES AND REGULATIONS PROVIDED TO YOU BY US IN CONNECTION WITH YOUR USE OF BIG SNOW RESORTS OR ANY FACILITIES OR SERVICES AVAILABLE AT BIG SNOW RESORTS, INCLUDING ALL MICHIGAN LAWS, AND TERMS AND CONDITIONS POSTED THROUGHOUT BIG SNOW RESORTS. IN CONSIDERATION OF SUCH USE, AND IN ACCORDANCE WITH THE MICHIGAN SKI AREA SAFETY ACT OF 1962, MICHIGAN STATUTES CHAPTER 408, YOU ACCEPT AND ASSUME ANY AND ALL RISKS AND DANGERS ASSOCIATED WITH SUCH FACILITIES AND ACTIVITIES. YOU ASSUME SOLE RESPONSIBILITY FOR ANY PERSONAL INJURIES, IF YOU INJURE ANOTHER PERSON.
Additional for the Resort:
Participation in any and all winter recreation activities in the mountainous terrain of the Big Snow Resorts, including without limitation skiing, snowboarding, sight-seeing, climbing, snowshoeing, snowmobiling and use of the ski lifts, facilities and terrain, involves substantial and INHERENT RISKS, HAZARDS, AND DANGERS that may result in personal injury, incapacity, paralysis, death or damage to property; such risks and hazards include without limitation, variations in terrain; existing and changing snow conditions; changing weather conditions; lightening; thunder storms; difficulty with route finding; ski lift, mechanical and equipment failures; rocks; stumps; trees; cliffs; streams; wildlife; closed areas; collisions with other skiers; and collisions with natural and man-made objects and features which may not be marked. Snowmaking and grooming activities and equipment, and snowmobiles may be encountered at any time.
The Holder of this pass understands, accepts and will obey the Big Snow Resorts Winter Season Pass Information, Rules and Regulations provided at receipt of this pass. The Holder understands that he or she has and must prudently exercise duties and responsibilities while using Big Snow Resorts’ facilities and participating in recreation activities at Big Snow Resorts and that it is Holder's responsibility to follow all Big Snow Resorts’ regulations, rules and policies, Michigan laws, and any and all terms and conditions of Big Snow Resorts use posted throughout Big Snow Resorts. In consideration of such use, and in accordance with the Michigan Ski Area Safety Act of 1962, Michigan Statutes Chapter 408, the Holder accepts and assumes any and all risks and dangers associated with such facilities and activities. If Holder desires financial protection against personal injuries, Holder must obtain protective insurance, including without limitation life insurance, health insurance, and/or liability insurance if Holder injures another person. Holder further agrees that venue for any disagreement that might arise between the Holder and Big Snow Resorts’ shall be in the District Court for Gogebic County, Michigan.
Limitation of Liability
Ability to Accept Terms and Conditions
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.
Changes to Pricing and Terms and Conditions
We reserve the right to modify these Terms and Conditions, and/or prices and information provided on or through the Sites, at any time, effective upon posting of an updated version of these Terms and Conditions and/or pricing on the Site(s). You are responsible for regularly reviewing these Terms and Conditions for any such changes. Continued use of a Site by you after any such changes will constitute your consent to the changes.
Our failure to enforce any provision of these Terms and Conditions shall not be deemed a waiver of such provision nor of the right to enforce such provision. If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.