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Goodrich v Alterra Mountain Company Settlement

4ster

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I am a bit reluctant to post in this thread as my view seems to be a bit different then other posters.
Owning a season pass should not be a one way street! Even though there is not a written contract that amounts to much between a passholder and the resort owner there are certain expectations that we as consumers have come to rely on.
#1 is that we expect the ski area to make every effort possible to open as soon as there is enough snow on the ground & remain open till the snow is gone.
If snowmaking is part of their program then they need to make as much as possible, as early as possible & as often as possible.
They need to make every effort to keep all the lifts running and all terrain open every day, all season long.
They need to groom consistently, not haphazardly & supply a consistent, quality product every day.

This is just the shortlist but much has been lost in the era of the mega-pass & the demise of the daily lift ticket. There is not much to keep SAM accountable. In the days of the daily lift ticket, management needed to make a concerted effort to offer a quality experience every day, as many days as possible. With today’s model there is no motivation or real accountability, what’s to keep the area from opening a few runs a few days here and there and calling it good? That may work in the short term for them but then they would have no longevity or future, so instead they do the bare minimum to keep us coming back. It's a good deal for them because it puts most of the revenue in the bank before the season even begins & provides some security for them if it is a lackluster snow season but it is always a gamble for us.

In my opinion Alterra/Ikon dropped the ball on this one. For instance, didn't Epic/Vail offer tiered levels of credit for the 20/21 season for 19/20 passholders? Even my local area (whose management practices I sometimes question) gave us 25% off the next seasons pass. Sierra-at-Tahoe was not able to open last season due to the Caldor fire, no fault of their own but they still offered full refunds to those who had purchased passes. IIRC, Ikon did offer compensation for those who had not used their pass at all but nothing beyond that.

Yes buying a season pass is like gambling in a casino, a big risk for us but not much for them. I have gambled off & on with Ikon since it’s inception. For me it was totally about late spring skiing, specifically Palisades & maybe a few days at Mammoth. My gamble was never about IF they would be open but more HOW LONG would they be open. When they closed due to Covid I was one of those who had only 1 day on their pass. The only reason I had that day was because they had lost my pass in the mail. I was in Utah & Brighton had opened their beginner lift early so I went to pick up my pass & yes get a few runs. I doubt if I had even bothered if it wasn’t the fact that I wanted my pass in hand. If not for those few runs on a short & narrow WROD, I would have gotten what I believe was an 80% credit.
For the past two years I have sent countless emails and made a number of phone calls begging them to at least throw me a bone. It was not so much for the monetary value but more for some recognition that I had gotten the short end of the stick. Believe me, the amount of time I have spent adds up to way more than the cost of the pass. The result of all my efforts was that I don’t believe I ever made it past a third-party source specifically designed to not allow you to climb any further up the ladder. Toward the end I was even begging for Rusty Gregory‘s phone number or email address which I was told they did not reveal to anyone. What the hell! Isn’t he the president of the company?

In hindsight I now somewhat understand why I was hitting a dead end. During a class action lawsuit it is probably in the defendants best interest to not respond to inquiries like mine. In the end I think it would have been in their best interest to have followed suit with the other big player Vail/Epic and offered some sort of tiered compensation or treated each case individually. Instead they brought a frivolous lawsuit upon themselves where no one wins except the lawers. In my case they lost about 14 or $1500 Because I was disenchanted enough to not buy a 20/21 pass or a 22/23 pass. my other gamble is that they sell next years pass in the spring and allow us to use it for the late part of the current season as they have in the past. There are not nor have there ever been any guarantees on this.
I will gladly take the $150 and put it toward next seasons pass but I would’ve been much happier if someone had just sympathized with my situation in the beginning & offered me a free cup of hot chocolate :)!
:coffee:

Remember this closure was during a time when the season was winding down, foreign visas were ending, seasonal layoffs beginning & daily profits lowering (remember they already have our pass money). Vail resorts were the first to shut down & others caved followed suit BEFORE there was a government mandate. So those of you who feel sorry for the poor corporate mega-resort having to close early don't come crying when we begin to have shortened operating hours, seasons & less terrain open!
My $.02, thanks for reading
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Thread Starter
TS
Brian Finch

Brian Finch

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Why do they think they own the photos? Who took them, and was that person working for Alterra or a related company at the time?

Pics were taken without my knowledge by an Alterra employee. I expressed my displeasure that my IP/expression was utilized absent any compensation and courtesy, then Alterra went on to again use photos at least twice more. This caused enough grievance and unwanted attention that I subsequently sold off that outfit. Seems that a mega corp like Alterra could have chosen a different route.
 
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Bill Miles

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Previous post said (I didn't want to quote the whole long post):
"They need to make every effort to keep all the lifts running and all terrain open every day, all season long."

I suppose that would be nice, but has never been the case. Most resorts I have been to cut back in late season.
 

dbostedo

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Pics were taken without my knowledge by an Alterra employee. I expressed my displeasure that my IP/expression was utilized absent any compensation and courtesy, then Alterra went on to again use photos at least twice more. This caused enough grievance and unwanted attention that I subsequently sold off that outfit. Seems that a mega corp like Alterra could have chosen a different route.
Thanks for the info... as a sometimes photographer myself I was curious. It does seem like they'd need a model release, unless everyone skiing there agrees to allow image use for promotion/commercial purposes - which could be the case I guess. Who reads the actual terms of lift tickets?
 

jmeb

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Vail resorts were the first to shut down & others caved followed suit BEFORE there was a government mandate.
Fantastic post, but just for accuracy in CO this isn't really the case -- *maybe* by one day. I was in the patrol room of a non-Vail ski area on Saturday afternoon when we got the call from State public health dept that ski areaswould face a mandatory shutdown effective Monday. I believe Vail did not operate Sunday. Most operated Sunday and then closed.
 
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CascadeConcrete

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Exactly.

This is why I am thinking if the lawsuit hadn't happened spontaneously, AMC might have invented a similar pseudo-payout on their own.
They already did, selling passes for 2020-21. They're now doing it again, because it's cheaper than fighting the lawsuit, and it's basically marketing the way they've agreed to structure it.
 

4ster

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Fantastic post, but just for accuracy in CO this isn't really the case -- *maybe* by one day.
Yeah right ogwink, they charged me $700 for my "maybe" one day (not even half a day & I doubt Brighton was charging full price for it. In fact I remember riding with a young lady who couldn't believe I was wasting one of my Ikon days).
That was Colorado not the rest of the country AFAIK. The problem was that once Vail decided to close, being the near monopoly they are others didn't have much choice. Sadly, Vail seems to dictate how the rest of the industry operates.
I know from an inside source that Powder Mountain had no intention of closing & actually stayed open a day longer than others. Literally overnight they put protocols in place to keep the place, their staff & guests distanced & safe. They would have continued but the outside pressure was too much. It was Spring Break & without other choices everyone in Utah showed up on that Monday & even though they cap ticket sales at a reasonable amount they decided to closed. They were the only game in town & subsequently overwhelmed. Imagine if there had been a severe outbreak, I'm sure they would be held liable for staying open :(.
72F68C71-96C0-4FE9-9B19-8848BD7752B8.jpeg


Maybe I'm just jaded after spending most of my life in the industry during a time when it was really all about consistently providing a superior on hill experience day in & day out.
 

James

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Well, in the East, Vail announced closing Sat like around 6-7pm. Killington, faced with an onslaught of every skier in the area who couldn’t ski, closed at midnight.
Probably a wise choice.
Based on how people acted Sat, Vail prob should’ve closed Friday, or closed all bar and eating areas then.

Imagine the lawsuits from staying open and someone dying.
 

coskigirl

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Pics were taken without my knowledge by an Alterra employee. I expressed my displeasure that my IP/expression was utilized absent any compensation and courtesy, then Alterra went on to again use photos at least twice more. This caused enough grievance and unwanted attention that I subsequently sold off that outfit. Seems that a mega corp like Alterra could have chosen a different route.

I think the liability release you sign when purchasing your pass includes a clause that gives them permission to use your likeness in promotions but I can’t seem to find a copy online so I’m not sure.
 

mdf

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I think the liability release you sign when purchasing your pass includes a clause that gives them permission to use your likeness in promotions but I can’t seem to find a copy online so I’m not sure.
A google search finds an 2018-19 waiver:

https://www.ultracamp.com/assets/49...9 Waiver FINAL Hard Copy Signatures FINAL.pdf

"I agree on behalf of myself and all Releasors to grant to the Resorts and their advertising and promotion agencies, acting on their behalf, the right to use and publish worldwide and in perpetuity, in any and all forms of media now known or hereafter devised, including without limitation online and in social media, without approval or compensation, my and the Releasors’ images and/or performances captured at any Resort location."

Yikes!
 

ilovepugs

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Exactly! There's NOTHING to do up here in Vermont! Boring as Hell ... Everyone stay away!!!!! Especially "Flatlanders"! Wait!?!? I think I'm still a Flatlander!?!?! OH NO!

If I answer the 3 questions can I stay?


On a more serious note I haven't read through this thread enough to comment but I was just having a conversation w/ one of the other Docs at the practice who had just spoken to the Vermont State Dental Society about recruitment in this remote area. This is a tough multifaceted problem that has remained at the forefront since I can remember. Professional Student Loan reimbursement is the only path I see that has the potential to increase recruitment but has to be viewed not as an "expenditure" but as an "investment" in the future of Vermont. It's an expensive investment that does not have much real financial support because of the high cost. Reconciling that cost has been the primary block to that strategic initiative.
@Yo Momma lets just say my husband’s critical care co-fellow at Johns Hopkins now makes 2.5x more than DH does… but has to live in suburban Atlanta.

UVMMC has lost a bunch of candidates due to lack of suitable housing. UVMMC is lucky that DH was born there and is not the kinda guy that likes to leave. The hospital is also crazy lucky not to have lost its Level 1 trauma center accreditation during the years it couldn’t recruit another pediatric surgeon and the one attending resigned himself to taking Q1 call.

(DH did med school and residency there too, only left to pick up an exotic Asian-American wife in college and critical care fellowship in a city with more crime)

… and yeah, 10 years post-graduation, he still has student loans in the six digits. Still working on them, making better progress with the student loan interest freeze.
 

mdf

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Yeah, I saw that one, just wish I could find a 19-20 one or a current one.
Hmmm.
One side effect of electronic waivers is you don't have a copy unless you make a point of saving one. I find that I don't have a copy of the Ikon one I signed (sloppy, I know) and it is not on the website, even when logged in.

All I find in a quick search is an old A-Basin waiver from 2016, and it has a "Media Release" clause. Based on a sample of 2, I'd bet they all do.

But I never figured on a close up like Brian's case. I was thinking more of a distant shot of a bunch of customers.
 

Andy Mink

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dovski

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View attachment 179735
As I have yet to be compensated for Alterra using my pics ( & the distress of hundreds of ppl texting / emailing me grief over my outfit selection ), I am proposing everyone skiing on Ikon owes me a beer for helping keep operating costs down.
Joking aside, if you did not sign a release for the use of your image and your right to publicity you actually have a pretty solid case. I used to work for a company that managed these rights and there is actually big $$ especially if they use your image or likeness in a commercial way. Just saying if you pursued this you may be in a position to buy all of us beers for life thanks to Alterra.:beercheer:
 

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