Park City Season Passes 2012-2013

[CUontheslopes131]

I thought some of you Park City passholders might find this article of interest:

http://www.skiesq.com/2012/06/legal-issues-surrounding-2012-2013-park.html

[Evren]

What galls me about PCMR's season passes is the language at the top of page 3. It says that the agreement is "perpetually binding", even if you bought a season pass 10 years ago and never renewed. By agreeing to one transaction, you forfeit rights in all future transactions!

Can someone with more legal knowledge say if this is as extraordinary as it seems to me? Do courts honor these types of agreements?

[berkshireskier]

What galls me about PCMR's season passes is the language at the top of page 3. It says that the agreement is "perpetually binding", even if you bought a season pass 10 years ago and never renewed. By agreeing to one transaction, you forfeit rights in all future transactions!

Can someone with more legal knowledge say if this is as extraordinary as it seems to me? Do courts honor these types of agreements?

Speaking as a (former) lawyer, I would have to read the entire agreement, but it seems strange that in what is essentially a one-year (or one ski season) agreement between the pass holder and the ski area, that the ski area would try to bind the pass holder in "perpetuity." Again, without reading the entire agreement, I'm not sure what the ski area is even trying to bind you to? And why they would try to bind you forever? Most season pass agreements should be relatively straight forward - the pass holder pays a sum of money that allows him or her to ride the lifts during the course of the season, subject to any day or date restrictions that the ski area may want to imposea and subject to any rules that the ski area has. Typically, an agreement like this is called a "contract of adhesion", meaning it is a "take it or leave it" proposition for the pass holder (i.e., it is not negotiable) and courts have usually interpreted these contracts of adhesion against the entity with all the power (the ski area, in this case), if a dispute arises about the interpretation of the agreement.