PLEASE READ CAREFULLY
1. General. Your participation in any Club Event or Trip is governed by three documents: (i) these Terms and Conditions (the “Terms); (ii) the club rules (the “Club Rules”); and (iii) specific Trip/Event Rules, where applicable (together with the Terms and the Rules, the “Documents”). Your participation in any Club Event or Trip is expressly conditioned on your acceptance of the terms, conditions, policies and rules set forth in the Documents. Do not register for a Trip or Event if you do not agree to be bound by these Terms; by registering for a Trip or Event you will be deemed to have accepted these Terms and be bound by them.
2. Reservations. You must signup for an Event or Trip in accordance with Trip/Event Rules for that specific Trip or Event. Unless otherwise specified in writing, you must make your reservation by submitting a form through the club website (www.ivyskiclub.com). Upon submitting your form through the website, and subject to availability on the Trip or Event, the Club will send you an e-mail acknowledgment. You have seven (7) days from the date of the acknowledgement to make full payment by check to the Club’s mailing address or by hand-deliver to a Club officer. If the Club does not receive your payment in full within 7 days, it will issue you a Paypal invoicel. You have forty-eight (48) hours from the time the Paypal invoice is sent to you by the Club to make full payment via Paypal. You are responsible for any fees assessed by Paypal for the transfer of funds to the Club. If you do not, your reservation will be cancelled. The club reserves the right, in its sole discretion, to permit payment by other methods or procedures.
The Club makes every effort to ensure the accuracy of the Club’s calendar and the availability listed thereon. However, there can be a delay between the receipt of a reservation by the Club and the update of the calendar which renders the information on the calendar inaccurate. Please note that your reservation for a Trip or Event is not confirmed until you make payment in full to the Club and receive written confirmation of your reservation from the Club. All reservations are subject to availability.
3. Cancellation Policy. Upon submission of the registration, your obligation to pay is absolute. Where the Trip/Event Rules permit or mandate a series of payments, failure to make all payments shall result in the cancellation of your reservation. No portion of the funds paid to the Club will be returned for failure to make full and timely payments.
ALL PAYMENTS MADE TO THE CLUB ARE NON-REFUNDABLE, EXCEPT AS SET FORTH IN THESE TERMS. Refunds will not be granted for any Event. For Trips, no refund will be granted unless you or the Club finds a replacement for your Space or Secondary Space and the trip is completely subscribed (i.e. all Spaces and Secondary Spaces are filled and paid for). If the Trip is not completely subscribed you will not receive any refund. Where you are entitled to a refund, the Club will refund all payments you have made to the Club for the Trip, less a fifty dollar ($50) Cancellation Fee. The Cancellation Fee shall be considered as liquidated damages intended to compensate the Club for expenses incurred by the Club in finding a replacement, adjusting room configurations, and other labor costs incurred by the Club associated with your cancellation and is not of the nature of a penalty.
The Club reserves the right to cancel a Trip or Event where, in its sole discretion, it deems there to be insufficient interest or projected attendance. Any funds already paid by you shall be returned to you in full upon cancellation of a Trip or Event by the Club.
4. Damage. You are liable for any damage you cause to any premises (including personal property located therein) rented, owned, or used by the Club. Members are liable for damage caused by their guests and responsible for their conduct. Where the Club, in its sole and reasonable discretion, determines you are (or in the case of a member, your guest is) liable for any damage, you agree to pay such sum to the Club within thirty (30) days. Should it be necessary to utilize legal process and/or the Club’s attorneys for the collection of any amount outstanding, the Club will be entitled to recover the costs of collection including reasonable attorneys’ fees and expenses.
You represent and warrant that (a) you are of sufficient age to use our services and website and can create binding legal obligations in connection with your use, (b) where applicable, you are legally authorized to act on behalf of those you represent and accept these terms and conditions on their behalf, and (c) the information supplied by you is true and correct to the best of your knowledge. You are responsible for informing such other persons of all terms, conditions, policies and rules set forth in the Documents.
The Club makes no representations, oral or written, except as set forth the Documents. Where the Club produces, publishes or makes available on its website materials regarding a Trip or Event, pictures or descriptions of the site are merely descriptive and should not be relied upon. Representations made by third parties, including by owners of premises rented by the Club for Events and Trips, shall not be deemed representations made by the Club.
To the maximum extent permitted by law and without limitation, the Club disclaims all liability for occurrences beyond its control. Without limiting the generality of the foregoing, such occurrences shall include, but not be limited to: (i) weather-related closure of ski resorts (including due to lack of snow), ski lifts, roads, or airports; (ii) flight cancellations or missed connections; (iii) damage to or destruction of the site of an Event or Trip which forces the Club to cancel the trip or substitute a comparable property; (iv) theft of your personal property during an Event or Trip; (v) any representation made by a third party; (vi) changes in prices of goods or services provide by third parties, including lift tickets; and/or(vii) to the maximum extent permitted by law, injuries you may sustain during an Event or Trip. The Club recommends members and guests obtain travel insurance.
Neither party shall be bound by any alleged statement, representation, or promise made by any person which is not set forth in writing in the Documents.
6. Acknowledgment of Inherent Risks. You hereby acknowledge that the Trip or Event you are participating in with the Club, including but not limited to, alpine skiing, is a potentially hazardous activity and that you should not participate unless you are medically able and properly trained. You understand that you should be assessed and evaluated by a medical professional before participating in a Trip or Event. By signing this Agreement you acknowledge that you are medically and physically able and properly trained to participate in the Trip or Event.
You further understand that there are inherent and other risks associated with the Trip of Event, and all of these risks can cause serious injury or death. Without limiting the generality of the foregoing, these risks include but are not limited to those inherent to the sport of alpine skiing. Those risks include, but are not limited to those dangers or conditions that are part of the sport of skiing, including changing weather conditions; snow conditions as they exist or may change, such as ice, hard pack, powder, packed powder, wind pack, corn, crust, slush, cut-up snow, and machine-made snow; surface or subsurface conditions such as bare spots, forest growth, rocks, stumps, streambeds, cliffs, extreme terrain, and trees, or other natural objects, and collisions with such natural objects; impact with lift towers, signs, posts, fences or enclosures, hydrants, water pipes, or other man-made structures and their components; variations in steepness or terrain, whether natural or as a result of slope design, snowmaking or grooming operations, including but not limited to roads, freestyle terrain, jumps, and catwalks or other terrain modifications; collisions with other skiers; and the failure of skiers to ski within their own abilities. You acknowledge and understand that there are serious risks associated with the Trip or Event, including those inherent to alpine skiing, agree to assume all risks associated with participating in the Trip or Event, including but not limited to, death, injury, medical emergency, contact with other participants on the Trip or Event, Acts of God and the weather.
7. Waiver. By initialing the box located on the Trip/Event Registration page, and as an express condition of your participation in the Trip or Event for which you are registering, you agree to UNCONDITIONALLY WAIVE any right to sue The Ivy Ski Club, LLC and any of its agents, successors and assigns, representatives, principals, owners, agents, attorneys, insurance companies, administrators, fiduciaries, or anyone acting on its behalf for any injuries, including DEATH, sustained in connection with the Trip or Event. You further agree to UNCONDITIONALLY RELEASE and HOLD HARMLESS The Ivy Ski Club, LLC and any of its agents, successors and assigns, representatives, agents, principals, owners, attorneys, insurance companies, administrators, fiduciaries, or anyone acting on its behalf, from ANY AND ALL LIABILITY, claims or causes of action for ANY AND ALL INJURIES sustained in connection with the Trip or Event, including, but not limited to, injuries sustained as a result of The Ivy Ski Club, LLC or any of its agents, successors and assigns, representatives, agents, principals, owners, attorneys, insurance companies, administrators, fiduciaries, or anyone acting on its behalf NEGLIGENCE and regardless of whether the possibility of sustaining such injuries was contemplated, obvious, and/or known at or before the time of injury.
You also agree and understand that the activities in connection with the Trip or Event are purely voluntary and recreational activities and that if you are not willing to acknowledge and assume the risks (inherent risks and any other risks that may exist), you should not participate in the Trip or Event.
8. Release. Having read and understood this waiver and knowing these facts and in consideration of your attendance on the Ivy Ski Club, LLC’s Trip or Event for which you are registering, you, your agents, successors and assigns, representatives, agents, attorneys, insurance companies, administrators, fiduciaries, or anyone acting on your behalf waive and release The Ivy Ski Club, LLC, its principals, owners, agents, successors and assigns, employees, representatives, agents, attorneys, insurance companies, administrators, fiduciaries, or anyone acting on their behalf from any and all claims and liabilities of any kind arising out of your participation in the Trip or Event.
Skiing or Alpine Skiing – As used herein, the terms “skiing” and “alpine skiing” shall be construed to include all forms of snow-sliding, including but not limited to skiing, telemark skiing, snowboarding, snowskating, tobogganing, etc.
Capitalized Words. All capitalized words not defined in these Terms shall have the definitions ascribed to them in the Club Rules.
Choice of Law/Forum Selection. The Documents shall be construed in accordance with the laws of the State of New Jersey without regard to conflict of law principles that would result in the application of the law of any other jurisdiction. The parties agree that the Superior Court of New Jersey, Somerset County shall have sole and exclusive jurisdiction over any dispute, controversy, claim, or action arising out of or related to the Documents, the Trip or Event.
Incorporation by Reference. The Club Rules and Trip Rules are hereby incorporated by reference as if set forth in full herein.