Membership Plan

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1 Membership Plan July 10, 2015

2 Signatures below indicate that the Membership Plan dated July 10, 2015 has been read, understood and agreed to. TERM OF MEMBERSHIP: 11/24/15 through 04/10/16 Dated this day of, 20. FULL AMOUNT TO BE PAID: $2, DATE PAID: AGREED & ACCEPTED by MEMBER(S): Date:, Date: I certify that the below listed card is issued to me. I understand that I am obligated to keep a valid credit card on file with Crested Butte Mountain Club at all times. I understand that all charges made by myself, family members, and guests at the Crested Butte Mountain Club will be billed to this credit card. You may also enter the last 4 digits of the credit card and sign, then call the office with additional information. Credit Card Type: VISA MASTERCARD AMERICAN EXPRESS Credit Card Number Exp Date Security Code Billing Address Cardholder Signature I authorize the above credit card to be linked to ski passes and member i.d.s for the following family members: this page to: club@cbmr.com OR Fax to: OR Mail to: Crested Butte Mountain Club, P.O. Box 5700, Mt. Crested Butte, CO OR drop off at the Mountain Club Concierges Office in the breezeway at Lodge at Mountaineer Square CLUB ACCEPTANCE: CRESTED BUTTE,LLC A Colorado limited liability company d/b/a Crested Butte Mountain Resort By: Name: Title: MISSION 2

3 With the goal of inspiring comradery and well-being in our members the Crested Butte Mountain Club provides convenient, personalized and unique access and perks to the area and resort. CLUB OFFERING This Membership Plan (sometimes Plan ) describes the special privileges of memberships. All representations and terms concerning memberships in the Crested Butte Mountain Club ( Club ) are set forth in this document. References to the Club shall mean Crested Butte, LLC, a Colorado limited liability company, d/b/a Crested Butte Mountain Resort ( CBMR ), including its affiliates contractors, and partners providing services, discounts, and privileges under this plan, together with its successors and assigns. Club Amenities shall mean those services and privileges set forth in this Plan, as the same may be changed by the Club from time to time. MEMBERSHIP AMENITIES The amenities described are current as of and are valid for the Membership Term. 1. TREASURY CENTER LOUNGE, LOCKERS AND SKI & BOOT STORAGE, THE CLUB HOUSE. The Club House is located on the main level of the Treasure Center. Two key cards per membership will be provided for access to the Club House. Club members may be charged for additional key cards. The key card is not to be loaned to friends; any violation of this rule will result in a fine of $50 for the first offense and suspension of key card and access to the Club House in the event of additional offenses. Guests may utilize the Club House in accordance with guest access fee policies described elsewhere in this Plan. Children under the age of 14 must be accompanied by an adult. Members may store skis and boots in the ski and boot storage area during the summer months, if desired. Membership must be renewed by November 1 of the following year in order to retain access and use of the Club House. Up to four pair of skis/snowboards and four pair of ski/snowboard boots may be stored at the Club House per membership. Additional storage may be purchased for immediate family members on a space available basis. Club coordinators will affix a sticker to your skis or snowboards for ID purposes. The Club House will be staffed by a Club concierge during the period the resort is open for skiing, normally late November through early April, the Ski Season. During the Ski Season the Club House will be staffed seven days per week, 8:00 a.m. to 5:00 p.m. 2. PARKING Membership includes the use of the parking valet at the Lodge at Mountaineer Square during the Ski Season. The valet may park vehicles in the parking garage at Mountaineer Square or may park vehicles in the resort s main general use parking lot north of the Grand Lodge when the Mountaineer Square parking lot is at or near capacity or is otherwise not available for Club member parking. Vehicle will be identified by a Mt. Club windshield pass. Only one vehicle may utilize the parking and parking valet at one time. For rental vehicles, pick up a windshield pass at the Club House or arrange in advance through the Club to pick up at the Valet desk. Overnight parking is not allowed. Valet parking is available from 7:30 a.m. to 10:00 p.m. daily during the Ski Season only. 3

4 Vehicles parking without a pass will be subject to the daily parking fees normally charged at Mountaineer Square. Guest of members that wish to utilize the parking valet will be charged the daily parking fee normally charged at Mountaineer Square. Additional seasonal parking permits are available on a limited bases. 3. SNOWSHOE AND UPHILL TOURS In conjunction with Guest Services the Club offers snowshoe and uphill tours to club members and guests at a discounted rate. The club reserves the right to limit number of guest attendees depending on availability. As uploading on the Red Lady Chair Lift is required you must have a day lift ticket or season pass in order to do these tours. Snowshoe and uphill tours are operated under the auspices of Guest Services, and attendees must follow the direction of the instructors/guides. Snowshoe and uphill tours will begin when ski conditions permit. Guest Services reserves the right to cancel a tour or start at a later time if weather or operational conditions warrant. CBMR DISCOUNTS & SPECIAL ACCESS TO SERVICES o Lift ticket privileges for Members and their guests Lift tickets available with Club concierge at the following discount off window rates: 11/26 12/11 50% 12/12 12/19 15% 12/20 01/04 8% 01/05 02/05 20% 02/06 03/06 15% 03/07 03/19 8% 03/20 04/05 15% No advance purchase necessary 4. CBMR DISCOUNTS & SPECIAL ACCESS TO SERVICES Nursery Package o A discount of 15% will be provided to the member s children in the winter Nursery program. This discount applies only to the Nursery program and not to other Camp CB programs. o Names of children must be designated on Membership Application so these names can be conveyed to Camp CB. o Advance reservations are recommended to ensure space is available. If not booked in advance, space may not be available Retail privileges at all CBMR stores include: o 20% off marked prices for members with no additional discount; the higher discount will apply. Club ID card/pass will need to be shown. CB Rental & Demo Shop Privileges o Rentals, demos, full tunes and repairs receive 20% off regular price. 4

5 o Two free ski demos per season per membership; please check in advance if your specified skis will be available. o ID card/pass will need to be shown. o Upon request, a complimentary buff wax will be provided at CB Rental & Demo Shop located in the Treasury Center. o Skis must be identified with the Club sticker. Culinary Preferred Program o Members will receive a 15% discount on food and beverages, excluding alcohol, at all CBMR dining facilities (Butte 66, Jefe s, Woodstone Grill, Uley s Cabin, Paradise Warming House, Ten Peaks). This discount cannot be combined with any other discount. The discount is valid only for guests in the member s party dining at the same table, with a limit of eight in the party being eligible for the discount. The discount is not valid for specially-scheduled events. There are no black-out dates on discounts. Unaccompanied guests are not eligible for discounts. o Club members will be able to book reservations at Uley s (as available) through the Summit Travel Concierge, the Club concierge, or directly with the restaurant. o Reservations must be cancelled 24 hours prior to the reservation otherwise a cancellation fee in accordance with the restaurant s policy will be charged. Ski School Private Lesson Pack o Ski and Ride School Value Pack Lesson Prices will be available to Members and their dependents. o Members will not be required to buy into the program to receive value pack pricing. Credit card link to pass Members may elect to have a credit card linked to their pass or to their family s passes. Summit Travel Concierge o Access to the Summit Travel Concierge will be provided for members, their family and guests and referrals from members. o Summit Travel Concierge is available between the hours of 8 a.m. and 5 p.m. daily when lifts are operating, and Monday Friday 8 a.m. to 5 p.m. at other times. The Summit Travel Concierge works to help ensure the member s trip will be hassle-free and can book recreational activities, spa reservations, catering, lift tickets, flight and lodging reservations. Weekly First Tracks Privileges 5

6 o First Tracks at 8:00 a.m. will be offered weekly on Fridays during the ski season. Member and immediate family members (see the definition of immediate family members elsewhere in this document) may attend on an unlimited basis with advance reservations. There may be a limit as to how many participants may be accommodated on designated Fridays, and participants will need to be at least an Intermediate level skier, capable of skiing International, Jokerville, and Upper Keystone under powder conditions. o Guests may attend. Advance reservations are necessary. Guests of members must have a valid Day Pass or Season Pass. o First Tracks is operated under the auspices of the Ski and Ride School, and attendees must follow the direction of the instructors/guides. A ratio of 10 attendees per instructor is provided, with at least two (2) instructors, therefore advance reservations are necessary. o First Tracks program will begin when ski conditions permit, and the Silver Queen lift will be utilized when possible. Limited terrain will be available from 8:00 a.m. 9 a.m.; instructors will advise participants of terrain. The Ski and Ride School reserves the right to cancel First Tracks or start at a later time or utilize Red Lady lift if weather or operational conditions warrant. Guest Use of Club House & Parking Members may make arrangements in advance for accompanied or unaccompanied guests to utilize the Club House (locker and lounge) for an additional usage fee. o Daily usage fees for ski/boot storage and locker will follow the schedule below: Four or fewer persons (including children): $40.00 a day plus tax of 4% Four or fewer persons (including children): $ a week plus tax of 4% Seven consecutive days is the maximum guest usage period allowed. Guest utilization of lockers is subject to availability. o For fewer than three guests who are with the member and not utilizing a separate locker, or ski/boot storage, those guests may come and go with the member and utilize the member s locker. o Guests using the parking valet at Mountaineer Square must pay the normal rate charged by Mountaineer Square for this service. o The Crested Butte Mountain Club reserves the right to limit number of guests per membership. MEMBERSHIP CARDS Specific membership cards and identification items will be issued to designated members, including: Wallet ID card with photo Windshield vehicle pass Ski and snowboard stickers Discounted Guest Day Passes for the Member-Guest Privileges Members must have their ID card in order to access club facilities or services. If a membership card or pass is lost or stolen, notify Club Services immediately. Loaning a card or pass to a friend or guest or underage child is not acceptable, and 6

7 member privileges in conjunction with the card will be suspended and/or terminated. Club office hours when lifts are running are seven days a week 8 a.m. 5 p.m.; during the rest of the year, the Club office is open Monday-Friday, 8 a.m. 5 p.m. ID cards will need to be picked up during these hours, or separate arrangements can be made in advance. MEMBERSHIP POLICIES Application Club membership shall commence with an application for membership (the Application for Membership ) completed and signed by the member and acceptance of the Membership Application by the Club, including full payment of the membership. All memberships are subject to and all members are bound by the terms and conditions of this Plan. The Club may modify and amend this Plan from time to time at its sole discretion without the approval of any members, and will provide the membership copies of any amendments or modifications upon written request. Eligibility Invitations to membership shall be extended without regard to age, race, national origin, gender, religion, sexual orientation, or disability. Family and Guest Policy o Immediate Family is defined as a member s spouse, civil union partner and eligible dependents. Eligible dependents include unmarried children who are 23 years of age and younger. Immediate Family will be allowed the same rights to use the Club Amenities as the member. Children under the age of 14 must be accompanied by a parent member or older sibling in the Club House. o An unmarried member or a member whose spouse will not be using club facilities or services may designate an individual as the second adult member or Designated User. The designated individual will be able to use the Club Amenities without being accompanied by the member. The member shall be responsible for the payment of all charges and fees incurred by the designated individual. This designation is valid for the year of membership and cannot be transferred. All rules such as vehicle designation for parking must be followed and a separate locker will not be issued. Decisions on how to split finite amenities or services such as parking, will be determined by the member and his/her designated user. Crested Butte Mountain Club staff has the right to limit total number of guests per membership. Memberships Held in Name of Entity Memberships may be held in the name of a corporation, partnership, trust or other form of multiple ownership (the entity ). The privileges of membership belong to the entity and the entity must designate a family (two adults and children of the 7

8 same household) as Designated Users. Designated Users will be the approved members for the year of membership. GENERAL CONDITIONS OF MEMBERSHIP Financial Obligations 1. The obligation to pay dues is not dependent on the availability of Club Amenities or frequency of use. Repairs and maintenance, acts of God, and other occurrences may make it necessary for the Club to change availability, hours or dates of operation of certain amenities. Reduction in hours or availability of Club Amenities does not mean a reduction in dues. The Club reserves the right to add, delete, modify, relocate, or limit any of the Club Amenities at its sole discretion, and a member shall not have the right to any refund or reduction of membership dues due to the alteration or relocation of any of the Club Amenities. Additional or changed Club Amenities may also be made available to members at an additional charge. 2. Dues are payable on an annual basis as specified in the signed contract and shall consist of one winter operating season, beginning on November 24 and ending April 10 of the following year. Changes in dues shall be subject to the discretion of the Club management. 3. The Club reserves the right to suspend and/or terminate the membership of any member for violation of the terms and conditions of this Plan, including but not limited to non-payment of dues and charges to Club vendors. Upon termination of membership, all amounts paid to the Club shall be forfeited by the member, and in the event the Club elects to institute legal proceedings to enforce any of the terms and conditions of this Plan or collect any amounts due to the Club, it shall also be awarded its reasonable attorneys fees and costs in such action. Transferability 1. All memberships are personal and no member may sell, transfer, assign, or pledge a membership. The exceptions are entity memberships which may designate a Designated User which is valid for a year and the naming of a Designated User for a single person s membership. Any transfer other than through an entity membership shall be void and shall not confer upon any third party any of the privileges of the member. 2. There are no property privileges associated with this membership. Deceased Member, Legal Separation, Divorce Policies & Injuries 1. Deceased Member The death of a member entitles the continued use of the membership by the surviving spouse and children. If there is no surviving spouse, or the surviving spouse does not wish to continue the membership, the membership is resigned and no refund will be made. 8

9 2. Legal Separation or Divorce of Married Members If a membership is held by persons in a spousal relationship and the couple is subsequently separated or divorced, all rights, benefits, and obligations of the Club membership shall be awarded to one spouse as set forth in the separation agreement, divorce decree or equivalent. A membership is not divisible. In the absence of a written separation agreement, court order or divorce decree, the membership shall continue in the name of the spouse set forth as the Primary Member in the Application for Membership unless the Primary Member indicates otherwise in writing. 3. Liability for Injuries, Personal Property Liability Upon acceptance of a membership, the member, its successors, assigns, personal representatives, guests and immediate family waive all claims for injury or damage to persons or property sustained by it, its agents and guests, resulting from its use of Club Amenities or any theft, loss, injury or damage resulting directly or indirectly from any act or negligence of a tenant or occupant of the building, parking lot, or of any other person. This waiver of liability and release shall apply especially, but not exclusively, to damage caused by water, snow, frost, steam, excessive heat or cold, sewage, gas, odors, noise, or the bursting or leakage of pipes or plumbing fixtures, maintenance and snowplowing of the parking lot, and shall apply whether any damage results from the act or negligence of other tenants, occupants, or servants of the building or parking lot, or of any other person, or whether the damage is caused or results from any event or circumstance of a similar or wholly different nature. If any damage results from any act or negligence of the member or its guests and/or immediate family members, the Club may, at its option, repair the damage, whether caused to the building, parking lot, improvements, or to any occupants, and the undersigned shall pay to the Club the total cost of the repairs and damages. All personal property belonging to the undersigned or to any occupant that is in the building or on the premises or parking lot shall be there at the risk of the undersigned or the occupant only, and the Club shall not be liable for any damage to or the theft or misappropriation of such property. OPERATIONS Complaint Resolution 1. All complaints regarding the Club, its services or employees, should be directed to the Club Manager. 2. Disputes regarding charges by retail outlets should be resolved with the appropriate vendor, although the Club Manager should be notified of the dispute. Member Rosters Members shall not use the roster list or s of Club Members for solicitation or commercial purposes or distribute the roster to anyone other than a member. Membership ID s and Passes 1. The Club will issue ID cards, and a windshield vehicle pass to the member and the other individuals who are eligible for membership privileges. 9

10 2. A membership ID or windshield pass may not be used by any person other than the person to whom it is issued. Failure to comply with this rule may result in suspension or termination of membership privileges. Members must have ID s and passes with them in order to obtain service. Members should not ask employees to bypass this rule. 3. In the event of a lost or stolen ID or pass, the Club must be notified as soon as possible. New ID s and passes will be issued. There may be a reprinting fee charged to the member. 10

11 Signatures below indicate that the Membership Plan has been read and is understood. Dated this day of, 20. CLUB: CRESTED BUTTE, LLC A Colorado limited liability company d/b/a Crested Butte Mountain Resort By: Name: Title: AGREED & ACCEPTED: MEMBER(S): Date: Date: to: club@cbmr.com Fax to: Mail to: Crested Butte Mountain Club P.O. Box 5700, Mt. Crested Butte, CO *You may drop off at the Mountain Club Concierge office in the breezeway of the Lodge at Mountaineer Square as well. 11

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