Your safety on the mountain is our highest priority at Hesperus Ski Area. Because there are some risks inherent to snowsports, we encourage you to educate yourself about the risks, and to adhere to responsible skier/rider conduct. Hesperus Ski Patrol enforces skier safety on the mountain every day of the season.
They can also answer any questions about mountain safety policies.
Hesperus Ski Area’s mountain safety program includes safety education, awareness and enforcement. The program is built on “Your Responsibility Code”, the Ten Foot Rule, and the Colorado Ski Safety Act.
Know The Code—Your Responsibility Code
The National Ski Areas Association established “Your Responsibility Code” in 1966 as a code of ethics for all skiers on the mountain. The code reflects not only skier safety, but snowboarder and lift safety as well. Ultimately, safe skiing and snowboarding is each guest’s responsibility.
- Always stay in control and be able to stop or avoid objects.
- People ahead of you have the right of way. It is your responsibility to avoid them.
- Do not stop where you obstruct the trail or are not visible from above.
- Whenever starting downhill or merging into a trail, yield to others.
- Always use devices to help prevent runaway equipment.
- Observe all posted signs and warnings. Keep off closed trails and out of closed areas.
- Prior to using any lift, you must know how to load, ride, and unload safely.
The Ten-Foot Rule
In order to minimize on-mountain accidents and enhance safety for our guests, Hesperus skiers/riders must stay outside a 10-foot radius of any and all other skiers/riders while in their path of decent.
By staying at least 10 feet away from other skiers/riders, the chances of a collision are reduced dramatically. The Ten Foot Rule also promotes respect and courtesy toward people of all ages and abilities on the mountain.
Hesperus Ski Patrol enforces the Ten Foot Rule in high traffic areas so that everyone has a safe experience at Hesperus Ski Area.
Colorado Ski Safety Act
Recognizing risks that are inherent in the sport, The Colorado legislature passed the Colorado Ski Safety Act, which describes inherent risks of the sport and relative responsibilities of the skier and the ski area.
Under Colorado law, a skier assumes the risk of any injury to person or property resulting from any of the inherent dangers and risks of skiing and may not recover from any ski area operator for any injury resulting from any of the inherent dangers and risks of skiing, including: changing weather conditions; existing and changing snow conditions; bare spots; rocks; stumps; trees; collisions with natural objects, man-made objects, or other skiers; variations in terrain; and the failure of skiers to ski within their own abilities.
The Ski Safety Act includes cliffs, extreme terrain, jumps and freestyle terrain as inherent dangers and risks of the sport.
View the entire Colorado Ski Safety Act
100 Day Guarantee
Get 100 days (or more!) of skiing on the Power Pass. If we don’t deliver, you will be offered a discount toward your 2021/2022 pass of 1% per day. It’s that simple! Total days of operation for the Resort Collective will be determined based on the resort with the longest operation schedule. For example, if Purgatory is open for 109 days but Pajarito is only open for 73, the Guarantee will be considered fulfilled based on Purgatory’s days of operation. Any partial days of operation will be included in total days of operation.
No refunds will be issued as part of this offer.
This offer does not guarantee snow conditions or quality and does not ensure lift operation and/or availability of terrain or access to resort facilities.
Effective Date: April 24, 2023
TYPES OF PERSONAL INFORMATION WE COLLECT
When we use the term “Personal Information” we mean information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a natural person or household, such as a real name, postal address, e-mail address, telephone number, payment information, pass or lift ticket ID number, profile photographs and location information. Information that is de-identified, aggregated, or anonymized will not be considered Personal Information. Publicly available information that is made available from federal, state, or local government records, also may not be Personal Information.
When visiting our Sites, interacting with us (e.g., filling in a webform, over the phone, by email) or providing information at any of our Locations, we may – depending on the activities you sign up for or participate in – collect the following types of Personal Information:
- Identification data (e.g., first name, last name, postal address, phone number, email address, height, weight, birthdate, skier type);
- Payment details or methods and transaction information (e.g., when you purchase lift tickets, event tickets, or goods, or book accommodations online);
- Location data (e.g., the location where you stay or ski, the location of an event at one of our Locations that you attend, location data sent by your device, the runs that you ski or ride, or the ski lifts that you ride);
- Connection (e.g., IP address) and device information (e.g. device type and operating system);
- Data regarding your use of our Sites (e.g., date and time of visits, viewing information, pages viewed, keystroke activity, time spent on pages, scroll activity, click/touch information, content you provide, such as through email or messages, and mouse movements);
- Information relating to your preferences and activities (e.g., vertical distance by day; calories burned; time spent skiing or riding; individuals with whom you form groups for skiing or riding, as reflected in your use of our applications; frequency with which you use or visit various facilities, services, programs, or Locations; events attended;
- Details of ski-related accidents and other incidents;
- An assessment of your skiing/riding ability;
- Photographs and video of you at our Locations or that you otherwise submit; and
- Demographic information (e.g. household information, number of children, age ranges, gender) .
Personal Information may be collected directly from you (e.g., when you fill out a webform on one of our Sites or a paper form at one of our Locations). Other sources enable us to obtain the Personal Information about you such as when:
HOW WE COLLECT PERSONAL INFORMATION
Most Personal Information is collected directly from you (e.g., when you fill out a webform on one of our Sites or a paper form at one of our Locations). Other sources enable us to obtain the Personal Information about you such as when:
- a third party provides information about you (e.g., someone orders a gift card online and wants to send it directly to you, he/she must provide us with your name and address; and travel agents or other business partners with whom we have joint marketing or service providing arrangements with, such as Expedia);
- your electronic communications devices, such as smartphones, tablets, or computers, automatically submit information about you;
- technology implemented at our Locations provides us with information (e.g., when your ski pass is scanned at a chairlift);
- we are provided information from other business partners;
- you are at one of our Locations, and we take photographs or videos of you; and
- such information is available from public sources.
In addition to the above, we may combine information you have provided to us on our Sites with information you have provided to us offline, including information you have provided to us at one of our Locations, and we may store this information together in your customer profile. For example, we may combine data automatically collected when you use your season ski pass, attend an event, rent equipment at one of our Locations, or otherwise visit one of our Locations, or data you provide to us when you stay at one of our hotels or resorts, with your customer profile. This enables us to provide the best experience possible when you visit our Locations.
WHY WE COLLECT AND USE PERSONAL INFORMATION
We use your Personal Information for the following purposes, all of which relate to the relationship between you and us, and the services we provide:
- to provide you or the person of your choice with the services and/or products you requested (e.g., passes, reservations);
- to perform transactions, in particular to check your identity or the identity of the person you designated, as well as for billing and shipping purposes; and
- to provide you and/or the person you designated with after-sale support in case you encounter any difficulties following your transaction with us.
We also may process your Personal Information for the purposes listed below, which are necessary for us to pursue our legitimate interests and provide you with quality services and products:
- for security and fraud prevention purposes as well as for protecting our rights, pursuing available remedies and enforcing our Terms and Conditions;
- to administer our systems, debug, and improve the performance and accessibility of our Sites and Locations;
- to monitor and optimize the use of our facilities (e.g., when you scan your pass and ride one of our chairlifts, we use such information for monitoring the use of our chairlifts; improvement of facilities based on number of attendees at events);
- to better understand your use of our products, services, programs, and events; and
- to improve our Sites, Locations and, more generally, our products, services, programs, and events.
In addition, we may also process your Personal Information:
- to provide you with marketing communications, recommendations and special offers regarding our products and services, as well as products and services of third parties which might be of interest to you; and
- to combine your data and implement profiling activities in order to better understand your needs, expectations and preferences and provide you with personalized content and targeted advertising accordingly.
We may also use and disclose your Personal Information for secondary purposes closely related to the purposes above, in circumstances where you would reasonably expect such use or disclosure to occur.
WITH WHOM WE SHARE PERSONAL INFORMATION
Under limited circumstances we may disclose the Personal Information we collect to third parties for all or part of the above-mentioned purposes. Examples of those circumstances are described below, along with some of the steps we take to limit the manner in which your Personal Information is used.
We may share your Personal Information with companies that provide support services to us (such as credit card processors, mailing houses, web hosts, application developers, event co-sponsors, concessionaires, or providers of online reservation services) or that help us market our products and services (such as email or text messaging vendors[BHFS4] ). These companies may need Personal Information about you in order to perform their functions. These companies are only authorized to use the Personal Information we share with them for the purpose of delivering the service we work with them to provide. In addition, we only disclose the Personal Information they need to provide the specific service or function.
Ski Pass Partners.
MCP Resorts sometimes enters into contractual relationships with other resorts that we do not own. We enter those relationships so that our customers can access skiing or other resort services at those resorts. To facilitate those services we may share Personal Information about you with the other resort company so that they can provide the service and validate your ski pass and identity. We share Personal Information pursuant to written contracts with the partner resorts and limit the Personal Information to what is needed for the specific purpose.
With Other Resorts’ Entities.
In Connection with Events Sponsored in Whole or in Part by MCP Resorts.
MCP Resorts may at times co-sponsor an event with business partners. We may share your Personal Information with those business partners to help us market or improve our products and services. We only disclose the Personal Information they need to provide help to us with that marketing or improvement. In addition, we share that Personal Information pursuant to written contracts with the business partners, limit the use of the information to the purpose for which it was shared, and limit the Personal Information to what is needed for the specific purpose, including providing aggregated or de-identified data when possible.
In Connection with Corporate Events.
In Special Circumstances.
In certain special cases, we may disclose your Personal Information when we have reason to believe that disclosing this Personal Information is necessary to identify or contact you, or to provide you with emergency medical services, or bring legal action against someone who may be causing injury to you, MCP Resorts or someone else. We may disclose your Personal Information to a person who is seeking the Personal Information as your agent. We may disclose your Personal Information when we believe the law requires it, in response to any demand by law enforcement authorities in connection with a criminal investigation, in response to civil or administrative authorities in connection with a pending civil case, governmental authorities or administrative investigation, or in connection with an investigation conducted by MCP Resorts.
TEXT MESSAGE SERVICES
If you opt in to the MCP SMS service by providing MCP Resorts your mobile number, we will use that number to send you text messages. Our SMS service provides updates, alerts, and information, promotions, specials, and other marketing offers from MCP Resorts via text messages through your wireless provider to the mobile number you provided.
Text messages may be sent using an automatic telephone dialing system or other technology. Your consent to receive autodialed marketing text messages is not required as a condition of purchasing any goods or services. Message frequency varies. Text the single keyword command STOP in response to any message to cancel at any time. You’ll receive a one-time opt-out confirmation text message. For SMS service support or assistance, text HELP to in response to any message.
We do not charge for SMS services, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
The wireless carriers supported by our SMS service are not liable for delayed or undelivered messages.
You agree to indemnify, defend, and hold us harmless from any third-party claims, liability, damages or costs arising from your use of the Service or from you providing us with a phone number that is not your own.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
COOKIES AND TECHNOLOGY; THIRD-PARTY ADVERTISERS
A web beacon is an electronic file on a web page that allows us to count and recognize users who have visited that page. Among other things, a web beacon can be used in HTML-formatted email to determine responses to our communications and measure their effectiveness. For instance, if you get an email from us and click on a link in that email to go to our Sites. You can generally avoid web beacons in email by turning off HTML display and displaying only the text portion of your email.
Web Server Logs.
Web server logs are records of activity created by the computer that delivers the webpages you request to your browser. For example, a web server log may record the search term you entered or the link you clicked to bring you the webpage. The web server log also may record Personal Information about your browser, such as your IP address and the cookies set on your web browser by the server.
LINKS TO THIRD PARTY WEBSITES
We do not knowingly collect Personal Information on our Sites from children under the age of 13 without the prior consent of the child’s parent or guardian. If you believe that a child under age 13 (or other age applicable in a different jurisdiction) has provided Personal Information to us without the consent of a parent or guardian, please notify us at [email protected] as soon as possible so their data may be deleted.
CALIFORNIA RESIDENT PRIVACY RIGHTS
Under the California Consumer Privacy Act (“CCPA”), California residents have certain rights regarding the Personal Information that businesses have about them. This includes the right to request access or deletion of your Personal Information, as well as the right to direct a business to stop selling your Personal Information.
Right to Notice.
You have the right to be properly notified of the following:
Right to Access Your Information:
You have the right to request the following covering the 12 months preceding your request:
- The specific pieces of Personal Information we have collected about you
- The categories of Personal Information that we have collected about you
- The categories of sources from which we collected the Personal Information
- The purpose for collecting or selling the Personal Information
- The categories of Personal Information that we have disclosed about you, the purpose for disclosing such Personal Information and the categories of third parties with whom we disclosed such Personal Information
- The categories of Personal Information that we have sold about you, as well as the categories of third parties to whom we sold such Personal Information
Right to Deletion:
You have the right to request that we delete any Personal Information about you that we have collected from you. Please note that there are exceptions where we do not have to fulfill a request to delete Personal Information, such as when the deletion of Personal Information would create problems with the completion of a transaction or compliance with a legal obligation.
Right to Non-Discrimination:
We will not discriminate against you (e.g., through denying goods or services, or providing a different level or quality of goods or services) for exercising any of the rights afforded to you.
Right to Opt-Out of Sale:
While we do not sell Personal Information in exchange for any monetary consideration, we do share Personal Information for other benefits that could be deemed a “sale,” as defined by the CCPA (Cal. Civ. Code 1798.140(t)(1)). We support the CCPA and wish to provide you with control over how your Personal Information is collected and shared. You have the right to direct us to not sell your Personal Information. If you would like to exercise your right to request opt-out of sale, please click.
We do not knowingly sell the Personal Information of minors under 16 years of age without affirmative authorization.
Please note that we may still use aggregated and de-identified Personal Information that does not identify you or any individual; we may also retain Personal Information as needed in order to comply with legal obligations, enforce agreements, and resolve disputes.
See form, attached below. CCPA regulations require that the right to opt out of a Sale include an online form. However, the specific functionality of the form is not specified, and the simplest implementation is a page that generates an email with content from a simple form. Many companies find it expedient to combine this with a form for other requests.
How to Exercise Your Rights: To exercise your rights described above, please submit a verifiable consumer request to us by calling us at 970-382-2890 or by emailing us at inf[email protected] or contacting us through our MCP Privacy Request form.
Verifiable Consumer Requests: Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your Personal Information. You may only make a verifiable consumer request for access to your Personal Information twice within a 12-month period. The verifiable consumer request must: 1) Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative of that person; and 2) Describe your request with sufficient detail that allows us to properly understand, evaluate and respond to it. We cannot respond to your request to exercise your access and/or deletion rights if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you. Making a verifiable consumer request does not require you to create an account with us. However, we do consider requests made through your password-protected account sufficiently verified when the request relates to Personal Information associated with that specific account. We will only use Personal Information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
We attempt to respond to a verifiable consumer request within 45 days after we receive it. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing within 45 days after we receive your initial request. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period prior to the date we receive the verifiable consumer request. The response we provide will also provide the reasons we cannot comply with a request, if applicable. For access requests, we will select a format to provide your Personal Information that is readily useable and should allow you to transmit the Personal Information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Do Not Track (DNT): Our Sites do not respond to DNT signals. However, some third party websites do keep track of your browsing activities. If you are visiting such websites, you can set your preferences in your web browser to inform websites that you do not want to be tracked. You can enable or disable DNT by visiting the preferences or settings page of your web browser.
California’s Shine the Light law. California residents with an established business relationship with us can request information once a year about sharing their Personal Information with third parties for the third parties’ direct marketing purposes. If you would like to request more information under the California Shine the Light law, and if you are a California resident, you can contact us by calling us at 970-382-2890 or by emailing us at [email protected] or through our MCP Privacy Request form.
MCP is a US-based organization that is headquartered in the United States. Our data processing activities primarily occur in the United States. You acknowledge that any personal data we collect will be transferred to, processed, and stored in the United States. You further acknowledge that the United States has standards for the processing and storage of personal data that may not be equivalent to those in the country where you reside and/or are a citizen, and you consent to our collection, transfer, processing, and storage of your personal data in the United States.
EU USER’S RIGHTS WITH RESPECT TO PERSONAL INFORMATION
Depending on your local law, you may have certain rights with respect to your Personal Information, including the right to object to, restrict and/or withdraw your consent to the processing of your Personal Information, the right to access your Personal Information, and the ability to receive a machine-readable copy of your Personal Information. You may also have the right to ensure that we correct or delete any inaccurate or out of date Personal Information which we have about you.
If you believe that any Personal Information which we have about you is inaccurate or out of date and you would like us to correct or delete it, or you wish to exercise any other of your rights or have any questions or concerns about your Personal Information, please contact us at [email protected] or through our MCP Privacy Request form.
If you have a complaint about how we handle your Personal Information or respond to your request, you may be able to complain to your data protection authority. MCP asks that you kindly contact us first, so that we have an opportunity to resolve your complaint.
DATA SECURITY AND RETENTION
MCP Resorts has implemented physical, technological, and organizational safeguards and security measures designed to protect against the loss, misuse, or unauthorized access or disclosure of your Personal Information under our control. We also take measures to protect the Personal Information we disclose to third parties, for example by entering into contractual agreements stipulating the confidentiality of the Personal Information and the purposes for which it is to be used. Please be aware though that, despite our efforts, no security measures are perfect or impenetrable. You can help us by protecting and keeping your passwords safe at all times, and not using the same password for different applications or sites. You also can protect yourself and help us reduce the risk of fraud by promptly notifying us if you suspect that your credit card, other resort-specific payment product, user name, or password is lost, stolen or used without permission.
HOW TO CONTACT US
The terrain park at Hesperus Ski Area is a great place to take your skiing and snowboarding to the next level, but we always want to make sure our park riders are safe.
It is important to be mindful of your ability level and not take on anything too challenging. Our park is designed for skiers and riders to progressively learn how to handle different features.
Learn more about park safety at terrainparksafety.org.
Some resorts designate features as small, medium and large. Be aware these ratings are determined by size, not degree of difficulty, and are relative only to that resort. Freestyle Terrain use, like all skiing and riding, exposes the user to the risk of serious injury. Prior to using freestyle terrain, it is the user’s responsibility to become familiar with all instructions and posted warnings and to follow Your Responsibility Code and PARK SMART.
Service Dog Policy
The law* defines a Service Animal as any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability.
NOT service animals are those animals whose sole purpose is to provide emotional support, well-being, comfort, or companionship or to serve a crime deterrent.
Individuals with disabilities are permitted to be accompanied by their service dog in all public areas of the Resort. However, in the interest of safety, service animals will not be allowed on chair lifts or in ski terrain, including tubing hills, or on any ride or attraction that is not equipped or designed for accessibility to service animals. If you require a service animal that is restricted from an area or activity, the Resort will make reasonable accommodations as long as requirements for safe operations are met. Guests will be asked to provide the Resort with a minimum of 72 hours advance notice regarding accommodations needed for service animals.
The Resort will not discriminate against individuals with disabilities who use service animals if the task or work performed by the service animal are directly related to the individual’s disability. All service dogs must meet current ADA guidelines to include, but not be limited to: remaining under the direct control of the user at all times; be house broken; and be trained and utilized for a specific disability approved by ADA regulations. A service animal shall have a harness, leash, or other tether, unless either the handler is unable because of a disability to use a harness, leash, or other tether, or the use of a harness, leash, or other tether would interfere with the service animal’s safe, effective performance of work or tasks, in which case the service animal must be otherwise under the handler’s control (e.g., voice control, signals, or other effective means).
Where it is not obvious that a dog is a service dog, Authorized personnel may inquire as to the following: 1) if the animal is required because of a disability and (2) what work or task the animal has been trained to perform.
Authorized personnel will request that a service dog be removed from the premises if: (1) The animal is out of control and the animal’s handler does not take immediate effective action to control it; or (2) The animal is not housebroken. If the service animal is removed, the Resort will make all reasonable efforts to accommodate the individual with a disability despite the absence of the service dog.
Adaptive Sports offers as specialized adaptive skiing/snowboarding program. Professionally trained instructors work with a range of disabilities. Due to the specialty of this program, a reservation is strictly required at least two weeks prior to your visit. For more information please call 970-259-0374 or email [email protected]
It is the Resort’s objective, for everyone to have a safe and enjoyable time while visiting the ski area.
* 28 C.F.R. Part 35.136 which also applies under 42 U.S.C. section794
Due to safety and privacy concerns, Hesperus Ski Area prohibits the operation or use on or above Resort property of unmanned aerial systems, or drones, by the general public—including model aircraft by recreational users and hobbyists—without prior written authorization from Hesperus Ski Area.
This prohibition includes drones used for filming or videotaping, as well as any drone use by media or journalists operating above or within the boundaries. This prohibition extends to any devices launched or operated from Resort property, as well as any launched from public or private property outside of the Resort boundaries.
Tips From Ski Patrol
- Drink plenty of non-alcoholic liquids. Your body’s tendency to dehydrate is greater at higher altitudes.
- Ultra-Violet rays are more severe at higher elevations. Protect your skin from the effects of the sun and keep in mind that the snow reflects the sun’s rays. Wear sunscreen rated at least 30 SPF or higher.
- Wear eye protection such as sunglasses or goggles. These should filter both UVA and UVB rays and be rated at 90%. Eyes can sunburn just like your skin.
- Packed snow can be abrasive. We highly recommend wearing garments that cover your hands, arms and legs completely.
- Be prepared for quickly changing weather conditions. Dress in layers with your outer layer of clothing being of a water repellent fabric.
- Wear or carry a ski hat with you. Sixty percent of all body heat is lost out of the top of your head.
- On especially cold days, be aware of the potential for frost-bite. Drink warm fluids and take breaks often.
Kids in backpacks
NO CHILDREN IN BACKPACKS ALLOWED
To ensure safety, children riding lifts at Hesperus Ski Area must be able to load, ride, and unload the lift without being carried. Children in backpacks are not allowed on any lifts or ski trails at Hesperus Ski Area.
Hesperus Ski Area Attn: Website Manager 2615 Main Avenue Durango, CO 81301.