Mangy Moose Ski Club

Membership Service Agreement 2026

General Service Agreement for Membership

This Membership Service Agreement (this “Agreement”) is entered into as of the date signed below (the “Effective Date”) by and between Three 161 Holdings LLC, a Wyoming limited liability company doing business as the Mangy Moose Ski Club (the “Club,” “we,” “us,” or “our”), and the individual identified in the signature block below (the “Member,” “you,” or “your”). The Club and the Member are each a “Party” and together the “Parties.”

The Mangy Moose has been the gathering place at the base of Jackson Hole since 1967. The Mangy Moose Ski Club is a private, seasonal membership program operated within our building. This Agreement sets out what we provide, what it costs, and how risk is allocated between us. Please read it in full, including Sections 10 through 15, which limit our liability and require you to assume certain risks.

Services Provided

Mangy Moose Ski Club will be in operation beginning Friday, November 27th, 2026 to Sunday, April 11, 2027. Members will be assigned to a dedicated locker to store their personal items for a maximum of five people’s belongings. This is defined by two adults and up to three dependents up to 21 years of age. Skis and boots will be stored in a different location. The hours of operation are between 8:00am and 4:30pm daily. Club access is through a private door on the north side of the building between the Mangy Moose and Crystal Springs.

Member benefits include the following: 

• A dedicated locker all season long

• Ski and boot valet provided by Black Tie Ski Rentals

• Private fireside lounge area reserved for members and guests daily from 8:00am to 4:30pm

• $500 credit good for food and beverages at Mangy Moose

• Dedicated server with access to full bar with breakfast and lunch service billed to your member house account

• A pair of limited-edition Mangy Moose 60th anniversary skis retailed at $849

• Overnight tuning services at an additional charge

• Discounted equipment rentals for guests through Black Tie Ski Rentals of Jackson Hole

• Exclusive pre-sale access to Mangy Moose concerts and select après-ski events

• Early access to reservations at Mangy Moose restaurant

Rates and Payment for Services

All rates are in US dollars and include any applicable sales tax. The full season membership is $9800, and the transferable property membership is $8800. Membership is payable by credit card, check or ACH, and will be due in full within 7 days of the date of this service agreement. ACH information can be found on your invoice. Checks can be made out to Mangy Moose Ski Club and mailed to PO Box 1715 Wilson, WY 83014.

1. MEMBERSHIP; NATURE OF THE RIGHTS GRANTED

1.1 Grant. Subject to your full and timely payment of all amounts due and your continued compliance with this Agreement, the Club grants you a personal, revocable, non-exclusive license to access the Club facilities and receive the benefits described in Section 4 during the 2026–2027 Season.

1.2 What Membership Is Not. Membership is a contractual license only. It does not convey, and shall not be construed to convey: (a) any ownership, equity, partnership, or possessory interest in the Club, in the Mangy Moose, or in any real or personal property; (b) any right to vote on, manage, or direct the operations of the Club or the Mangy Moose; (c) any leasehold, easement, covenant, or other interest in real property; (d) any security, investment contract, or instrument redeemable for value; or (e) any right to the exclusive use of any locker, seat, table, or portion of the premises. The Club retains sole ownership and control of the premises and sole discretion over its operation, staffing, layout, menu, programming, and amenities.

1.3 Personal to the Member. Except as expressly provided in Section 3.3 (Transferable Property Membership) and Section 6.3 (Substitute Member), membership, membership credentials, and membership benefits are personal to the Member and the Registered Users identified on Schedule A, and may not be sold, assigned, sublicensed, rented, shared, loaned, or otherwise transferred. Any attempted transfer is void and is grounds for termination under Section 16.3 without refund.

2. SEASON, HOURS, AND ACCESS

2.1 Season. The Club will operate from Friday, November 27, 2026 through Sunday, April 11, 2027 (the “Season”).

2.2 Hours. The Club will be open from 8:00 a.m. to 4:30 p.m. daily during the Season, except as modified under Section 2.3 or Section 15.

2.3 Adjustments to Dates and Hours. The Club may adjust its operating dates, opening date, closing date, and daily hours, and may close the Club or any portion of it: (a) to align with the operating calendar, opening and closing dates, and lift schedule of Jackson Hole Mountain Resort; (b) for maintenance, repair, construction, inspection, or safety; (c) for private events, not to exceed 5 days during the Season; and (d) as provided in Section 15. The Club will use reasonable efforts to give advance notice by email. No adjustment under this Section entitles the Member to any refund, credit, or offset except as expressly provided in Section 15.3.

2.4 Access and Credentials. Club access is through the private entrance on the north side of the building, between the Mangy Moose and Crystal Springs. Access credentials will be issued to Registered Users only, remain the property of the Club, must be presented on request, and may be deactivated immediately upon suspension or termination.

2.5 Capacity and Seating. The Club will sell no more than 100 memberships for the Season, plus an additional 44 lockers available for daily or weekly guests. Lounge seating is available on a first-come basis and is not reserved for any individual Member or Registered User. The Club may impose reasonable capacity limits on the lounge, valet area, and other spaces.

3. MEMBERSHIP TYPES AND REGISTERED USERS

3.1 Full Season Membership. The Full Season Membership fee is $9,800 for the Season. A Full Season Membership covers up to five (5) Registered Users, consisting of no more than two (2) adults and up to three (3) Dependents. A “Dependent” means a child, stepchild, or legal ward of a Registered adult who is under twenty-two (22) years of age as of November 27, 2026.

3.2 Registration of Users. Before first use, the Member shall identify every Registered User on Schedule A, including full legal name, and (for adults) email address and mobile telephone number. Changes to the Registered User roster require written notice to the Club and the Club’s approval, are limited to two (2) substitutions per Season, and each new Registered User must deliver a signed acknowledgment in the form of Schedule C before first use.

3.3 Transferable Property Membership. The Transferable Property Membership fee is $8,800 for the Season. A Transferable Property Membership is attached to a property management company or a single residential property identified on Schedule B (the “Designated Property”) and is governed by the following terms:

• (a) Eligibility. The Member must be the record owner of the Designated Property or a property manager holding the owner’s written authorization.

• (b) Permitted Users. The membership may be used only by persons in lawful occupancy of the Designated Property at the time of use who have been registered under subsection (c). No more than five (5) persons may use the membership at any one time

• (c) Advance Registration Required. The Member shall register each occupant group with the Club in writing at least twenty-four (24) hours before that group’s first use, providing each occupant’s full legal name, dates of occupancy, and contact information, and sign waivers to acknowledge club policy when they arrive. Unregistered occupants will be denied access.

• (d) Member Remains Responsible. The Member remains fully and primarily responsible for all charges, damages, conduct, and obligations of every occupant and guest using the membership, including all house account charges. The Member’s obligations under Sections 11, 12, and 13 expressly extend to every such occupant and guest.

• (e.) Benefits. Benefits are provided once per membership, not once per occupant group.

  
  

3.4 Minors. Registered Users under eighteen (18) years of age must be accompanied by a Registered adult at all times while in the Club. No person under twenty-one (21) years of age will be served alcoholic beverages under any circumstances.

3.5 Good Standing. Benefits are available only while the membership is in good standing, meaning the membership fee has been paid in full, the house account is current, and the membership is not suspended.

4. MEMBER BENEFITS

4.1 Benefits. Subject to this Agreement, a membership in good standing includes:

• One dedicated locker for the Season, assigned by the Club, subject to Section 8;

• Ski and boot valet service provided by Black Tie Ski Rentals of Jackson Hole, subject to Sections 9 and 14;

• Use of the private fireside lounge, reserved for members and their accompanied guests daily from 8:00 a.m. to 4:30 p.m., subject to capacity, Sections 2.3 and 2.5, and the guest limits in Section 7;

• A $500 food and beverage credit, subject to Section 4.2;

• Dedicated server service with access to the full bar, and breakfast and lunch service, billed to the Member’s house account under Section 5.4 and subject to Section 16.6;

• One pair of limited-edition Mangy Moose 60th Anniversary skis, subject to Section 4.3;

• Overnight tuning services, available at additional charge billed to the house account;

• Discounted equipment rentals for guests through Black Tie Ski Rentals of Jackson Hole, on terms set by that provider and subject to Section 14;

• Exclusive pre-sale access to Mangy Moose concerts and select après-ski events, subject to Section 4.5; and

• Early access to reservations at the Mangy Moose steakhouse, subject to Section 4.5.

  
  

4.2 Food and Beverage Credit. Each full season membership receives a $500 food and beverage credit for the Season. The credit is non-transferable, has no cash value, and is not redeemable for cash, gift cards, retail merchandise, tax, gratuity, or service charges. It may be applied only to food and beverage purchases made at the Club during the Season by Registered Users. Any unused portion expires without value at 4:30 p.m. on April 11, 2027, does not roll over to any subsequent season, and is not refundable. The credit is a promotional benefit included within the membership fee and is not a gift certificate, gift card, or stored-value instrument.

4.3 60th Anniversary Skis. Each full season membership includes one (1) pair of limited-edition Mangy Moose 60th Anniversary skis with a manufacturer’s suggested retail price of $849, subject to availability of sizes and models. The Club may substitute a comparable commemorative product of equal or greater retail value. Skis must be claimed in person by the Member on or before March 1, 2027; skis not claimed by that date are forfeited without refund, credit, or substitution. Title and risk of loss pass to the Member upon delivery, after which the skis are the Member’s personal property and are used entirely at the Member’s own risk. The skis are covered only by the manufacturer’s warranty, if any, which the Club assigns to the Member to the extent assignable.

THE CLUB MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SKIS OR ANY OTHER PRODUCT PROVIDED UNDER THIS AGREEMENT, AND EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE CLUB IS NOT RESPONSIBLE FOR THE MOUNTING, ADJUSTMENT, RELEASE SETTING, OR SERVICING OF BINDINGS BY THE MEMBER OR ANY THIRD PARTY.

If the membership is canceled under Section 6.1 or terminated for cause under Section 16.3 after the skis have been delivered, the Member shall return the skis in new and unused condition within fourteen (14) days or pay the Club $849, which may be charged to the card on file.

4.4 Substitution of Benefits. If any benefit becomes unavailable, impractical, or commercially unreasonable to provide, the Club may substitute a benefit of comparable value without refund or credit.

4.5 No Guarantee of Availability. Pre-sale access to concerts and events and early access to steakhouse reservations provide an earlier opportunity to request tickets or reservations. They are not a guarantee that tickets, seats, dates, or tables will be available, and no refund or credit arises from unavailability.

5. FEES, PAYMENT, AND HOUSE ACCOUNT

5.1 Fees and Taxes. All rates are stated in United States dollars and are exclusive of applicable federal, state, and local taxes, which will be added where required by law. The Member is responsible for all such taxes.

5.2 Payment. The full membership fee is due within seven (7) days of the Effective Date and is payable by credit card, check or ACH transfer. ACH instructions appear on the Member’s invoice. If payment in full is not received when due, the Club may terminate this Agreement and release the membership without further notice, and the Member shall have no claim against the Club.

5.3 Card on File. The Member shall provide and maintain a valid credit or debit card on file and authorizes the Club to charge that card for house account balances, incidental charges, tuning and other add-on services, guest fees, late fees, damages, unreturned Club property, and any other amount owed under this Agreement.

5.4 House Account. Charges incurred by Registered Users and their guests, including food, beverage, tuning, and guest fees, will be billed to the Member’s house account. Statements will be issued monthly and are payable within fifteen (15) days. Balances outstanding more than thirty (30) days accrue interest at the lesser of 1.5% per month or the maximum rate permitted by Wyoming law. The Club may suspend Club privileges while any balance is past due.

5.5 Costs of Collection. The Member shall pay all reasonable costs of collecting any amount owed, including reasonable attorneys’ fees, court costs, and collection agency fees.

5.6 Billing Disputes. The Member shall notify the Club in writing of any disputed charge within thirty (30) days of the statement on which it appears. Charges not disputed within that period are deemed accepted. The Member agrees to follow this process before initiating any chargeback or payment dispute with a card issuer or bank.

5.7 Fees Non-Refundable. Except as expressly provided in Sections 6.1, 15.3, and 16.4, all fees are non-refundable in whole and in part, including on account of non-use, partial use, illness, injury, pregnancy, relocation, travel disruption, change of plans, weather, or suspension or termination for cause.

6. CANCELLATION AND TRANSFER

6.1 Cancellation Before November 1, 2026. The Member may cancel this Agreement by written notice received by the Club on or before November 1, 2026 and receive a refund of the membership fee, less the retail value of any benefit already delivered and not returned in new and unused condition, including the skis described in Section 4.3.

6.2 No Cancellation After November 1, 2026. On and after November 1, 2026, the membership fee is fully earned and non-refundable, and this Agreement may not be canceled by the Member.

6.3 Substitute Member. As an accommodation and in its sole discretion, the Club may permit the Member to designate a substitute member acceptable to the Club, who shall execute the Club’s then-current membership agreement and assume all obligations for the remainder of the Season. Any financial arrangement between the Member and the substitute member is solely between them, and the Club will not refund, apportion, or administer any payment between them.

7. GUESTS

7.1 Guest Limits. A Member may bring up to 2 guests per day during peak periods. The Club may reduce or suspend guest privileges for capacity, safety, or operational reasons.

7.2 Guest Requirements. Guests must be accompanied by a Registered adult at all times, and must be signed into the guest register on arrival.

7.3 Member Responsibility. The Member is fully responsible for the conduct of every guest, for all charges incurred by every guest, and for any loss or damage caused by any guest.

7.4 Right to Refuse. The Club may refuse entry to, or remove from the premises, any guest at any time, with or without cause, and no refund or credit arises from that decision.

8. LOCKERS AND PERSONAL PROPERTY

8.1 Locker Assignment. Each membership is assigned one locker for the Season for the storage of personal items of Registered Users. Skis, snowboards, and boots are stored separately in the valet area and are governed by Section 9. Locker assignment is a license to use space and is non-exclusive; the Club may reassign lockers on notice.

8.2 No Bailment; Contents Stored at the Member’s Sole Risk. The Member provides and controls the lock and is solely responsible for securing the locker. Consistent with Club policy, the Club’s concierge and valet staff do not access member lockers. The Club does not take custody, possession, or control of locker contents, and no bailment of any kind is created with respect to items placed in a locker.

TO THE FULLEST EXTENT PERMITTED BY WYOMING LAW, THE CLUB ASSUMES NO LIABILITY AND SHALL NOT BE RESPONSIBLE FOR ANY LOSS, THEFT, DAMAGE, OR DESTRUCTION OF ANY ITEM PLACED IN OR REMOVED FROM A MEMBER LOCKER, REGARDLESS OF CAUSE, INCLUDING ANY LOSS CAUSED IN WHOLE OR IN PART BY THE ORDINARY NEGLIGENCE OF THE CLUB. MEMBERS ARE STRONGLY ENCOURAGED TO MAINTAIN THEIR OWN HOMEOWNER’S, RENTER’S, OR PERSONAL PROPERTY INSURANCE COVERING ITEMS STORED AT THE CLUB, AND NOT TO STORE VALUABLES, CASH, JEWELRY, MEDICATION, OR IRREPLACEABLE ITEMS IN A LOCKER.

8.3 Prohibited Items. The following may not be stored in a locker: explosives, firearms, ammunition; hazardous, flammable, corrosive, or toxic materials; perishable food; substances unlawful under Wyoming or federal law; live animals; cash, securities, or negotiable instruments; and any item whose storage would violate law, the Club’s insurance, or the Club’s house rules.

8.4 Club Right of Access. Notwithstanding Section 8.2, the Club may open a locker without the Member’s consent: (a) in an emergency, or where the Club reasonably believes there is a threat to health, safety, or property; (b) as required by law, subpoena, court order, or lawful request of law enforcement or a fire marshal; (c) to address an odor, leak, pest, alarm, or similar condition; (d) where the Club reasonably believes prohibited items are stored; and (e) after the Season to remove property under Section 8.5. The Club will make reasonable efforts to notify the Member before or promptly after any such access.

8.5 End of Season and Abandoned Property. All personal property must be removed by 4:30 p.m. on April 11, 2027. Property remaining after 11:59 p.m. on April 18, 2027 is deemed abandoned. The Club may remove and store that property at the Member’s expense, charge those costs to the house account, and after thirty (30) days sell, donate, or dispose of the property without further notice, liability, or accounting to the Member.

9. SKI AND BOOT VALET

9.1 Scope. Equipment tendered to and accepted by a Club valet attendant and recorded on the Club’s inventory record (“Checked Equipment”) is held in a limited bailment for the Member’s convenience during Club hours. Equipment that is not tendered to an attendant and recorded on the inventory record is not Checked Equipment, is not in the Club’s custody, and is left entirely at the Member’s risk.

9.2 Standard of Care. The Club will exercise reasonable care with respect to Checked Equipment, judged in the context of a high-volume seasonal ski valet operation.

9.3 Limitation of Valet Liability. The Club’s liability for loss of or damage to Checked Equipment is limited to the least of: (a) the actual cost of repair; (b) the actual cash value of the item at the time of loss, taking depreciation into account; or (c) $1,000 per pair of skis or per snowboard and $750 per pair of boots, subject to a maximum aggregate of $2,000 per membership per Season.

9.4 Exclusions. The Club has no liability for: normal wear and tear; base, edge, topsheet, or binding damage arising from use, skiing, or transport; damage arising from tuning, waxing, mounting, or servicing performed by any party; goggles, gloves, poles, helmets, packs, electronics, keys, jewelry, or other items left attached to or with Checked Equipment; items not recorded on the inventory record; items left after Club hours or after the end of the Season; or any indirect, incidental, or consequential damages of any kind, including lost ski days, lift ticket or season pass value, lesson or guide fees, rental replacement costs, travel or lodging costs, or loss of enjoyment.

9.5 Claims Procedure. Any claim for loss of or damage to Checked Equipment must be reported to the valet desk before the Member leaves the premises and confirmed in writing to the Club within twenty-four (24) hours of the loss or discovery of damage. Failure to comply with this Section constitutes a waiver of the claim.

9.6 Insurance. The Club maintains commercial general liability insurance in commercially reasonable amounts and will furnish a certificate of insurance on written request. Nothing in this Agreement makes the Member, any Registered User, or any guest an insured, additional insured, loss payee, or third-party beneficiary under any policy of insurance maintained by the Club, and the existence, scope, or limits of any such insurance does not create, expand, or evidence any obligation of the Club beyond the limits expressly stated in this Agreement.

10. ASSUMPTION OF RISK

10.1 Wyoming Recreation Safety Act. The Member acknowledges and agrees that the Club is a “provider” offering a “sport or recreational opportunity” within the meaning of the Wyoming Recreation Safety Act, Wyo. Stat. Ann. §§ 1-1-121 through 1-1-123. Under that Act, any person who takes part in any sport or recreational opportunity assumes the inherent risks in that sport or recreational opportunity, whether those risks are known or unknown, and is legally responsible for any and all damage, injury, or death resulting from those inherent risks. The Club is not required to eliminate, alter, or control the inherent risks of the activities it offers.

10.2 Inherent Risks. The Member acknowledges that the inherent risks of participating in the Club include, without limitation: skiing, snowboarding, and related snow sports; snow, ice, slush, meltwater, and rapidly changing weather; variations in terrain, surface, and subsurface conditions; wet, snowy, or icy floors, entryways, thresholds, decks, stairways, and walkways within and around a four-story building originally constructed in 1967; carrying, handling, storing, and walking in ski and snowboard boots and equipment; slips, trips, and falls; collisions with other persons, equipment, fixtures, or furnishings; use of stairs and any elevator; crowded conditions, live music, amplified sound, dancing, and après-ski activity; the consumption of alcoholic beverages by the Member, by other members, and by guests; elevation, cold exposure, and exertion; and the acts and omissions of other members, guests, employees, contractors, and third parties.

10.3 Voluntary Participation. Participation in every Club activity is voluntary. The Member and each Registered User and guest may decline to participate in any activity at any time.

10.4 Fitness and Health. The Member represents that each Registered User is in sufficient physical condition to participate in the activities they choose, and will disclose to Club staff any condition relevant to their safety where appropriate.

11. RELEASE AND WAIVER OF LIABILITY

11.1 Release. To the fullest extent permitted by Wyoming law, the Member, on behalf of the Member, every Registered User, every occupant using a Transferable Property Membership, every guest, and each of their respective heirs, executors, administrators, personal representatives, successors, and assigns, hereby RELEASES, WAIVES, DISCHARGES, and COVENANTS NOT TO SUE the Club and its parent, subsidiary, and affiliated entities, and each of their respective owners, members, managers, officers, directors, shareholders, employees, agents, independent contractors, volunteers, insurers, successors, and assigns (collectively, the “Released Parties”), from and against any and all claims, demands, damages, actions, causes of action, losses, and expenses of any kind for personal injury, bodily injury, illness, death, or damage to or loss of property arising out of or relating in any way to membership in the Club, presence at the Club or on the premises, or use of any Club facility, service, equipment, or benefit,

WHETHER CAUSED IN WHOLE OR IN PART BY THE ORDINARY NEGLIGENCE OF ANY OF THE RELEASED PARTIES OR OTHERWISE, AND WHETHER THE RISK GIVING RISE TO THE CLAIM WAS KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN.

11.2 Limits of This Release. This release does not apply to, and the Member does not waive, any claim arising from the gross negligence or the willful or wanton misconduct of the Released Parties, or any claim that may not lawfully be released under Wyoming law. If any portion of this Section is held unenforceable, the remainder shall be enforced to the maximum extent permitted.

11.3 Knowing and Voluntary. The Member acknowledges that: this Agreement was entered into freely and voluntarily and not as a matter of practical necessity; the Club provides discretionary recreational, hospitality, and social services that are not essential public services and that the Club is under no public duty to provide; comparable alternatives are available in the Jackson Hole area; the Member had a fair opportunity to read this Agreement, to ask questions, and to consult an attorney before signing; and the Member understands that by signing the Member is giving up substantial legal rights, including the right to sue the Released Parties for their ordinary negligence.

11.4 Minor Dependents. The Member signs this Agreement on behalf of each minor Dependent as that Dependent’s parent or legal guardian, and represents having authority to do so. The Member acknowledges that Wyoming law may limit the enforceability of a pre-injury release of a minor’s own claims against a commercial enterprise, and accordingly the Member’s obligations under Section 12 expressly include any claim asserted by or on behalf of a minor Dependent.

12. INDEMNIFICATION

12.1 Indemnity. The Member shall indemnify, defend, and hold harmless the Released Parties from and against any and all claims, demands, suits, liabilities, losses, damages, judgments, awards, settlements, fines, penalties, costs, and expenses (including reasonable attorneys’ fees, expert witness fees, investigation costs, and court costs) arising out of or relating to:

• (a) the acts or omissions of the Member, any Registered User, any occupant using a Transferable Property Membership, or any guest;

• (b) any breach of this Agreement, of the Club’s house rules, or of applicable law by any of the foregoing persons;

• (c) damage to or loss of property of the Club, of other members, or of any third party caused by any of the foregoing persons;

• (d) injury, illness, or death of the Member, any Registered User, any occupant, or any guest, except to the extent finally determined to have been caused by the gross negligence or willful or wanton misconduct of a Released Party;

• (e) any claim brought by or on behalf of a minor Dependent, whether by a parent, guardian, next friend, conservator, or the Dependent upon reaching majority, including any claim that the release in Section 11 is unenforceable as to that Dependent;

• (f) use, possession, transport, or resale of the 60th Anniversary Skis or any other product furnished under this Agreement following delivery; and

• (g) any amount charged to the Member’s house account.

  
  

12.2 Defense. The Club may select counsel of its choosing at the Member’s expense, or may tender the defense to the Member subject to the Club’s approval of counsel, which shall not be unreasonably withheld. The Club may participate in the defense at its own expense. The Member shall not settle any claim in a manner that imposes any obligation on, admits fault by, or restricts the conduct of any Released Party without that party’s prior written consent.

12.3 Independent Obligation. The Member’s obligations under this Section are independent of, and are not limited by, the release in Section 11, the limitation of liability in Section 13, or the existence or limits of any insurance.

12.4 Survival. This Section survives the expiration or termination of this Agreement.

13. LIMITATION OF LIABILITY

13.1 CAP ON LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF THE RELEASED PARTIES ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE MEMBERSHIP, OR THE CLUB, WHETHER IN CONTRACT, TORT, WARRANTY, STRICT LIABILITY, OR ANY OTHER THEORY, SHALL NOT EXCEED THE TOTAL MEMBERSHIP FEE ACTUALLY PAID BY THE MEMBER FOR THE SEASON IN WHICH THE CLAIM AROSE.

13.2 EXCLUDED DAMAGES. IN NO EVENT SHALL ANY RELEASED PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST SKI DAYS, LOST LIFT TICKET OR SEASON PASS VALUE, TRAVEL, LODGING, OR RESCHEDULING COSTS, OR LOSS OF USE OR ENJOYMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13.3 Basis of the Bargain. The Member acknowledges that the membership fee reflects the allocation of risk set out in Sections 8, 9, 10, 11, 12, 13, and 15, that the Club would not offer the membership at this price without that allocation, and that these limitations apply notwithstanding the failure of essential purpose of any limited remedy.

13.4 Time Limit on Claims. To the fullest extent permitted by Wyoming law, any claim arising out of or relating to this Agreement or the membership must be commenced within one (1) year after the claim accrues, or it is permanently barred.

14. THIRD-PARTY PROVIDERS

14.1 Independent Contractors. Instructors, guides, transportation providers, entertainers, and other third parties who provide services to members are independent contractors. They are not employees, agents, partners, or joint venturers of the Club, and the Club does not control the manner in which they perform.

14.2 No Liability for Third Parties. The Club is not responsible or liable for the acts, omissions, negligence, delay, non-performance, pricing, scheduling, equipment, or quality of service of any third-party provider. Members and guests may be required to enter into a separate agreement, rental contract, or waiver directly with a third-party provider, and those terms govern that relationship. Any claim arising from a third-party provider’s services must be pursued against that provider.

14.3 Substitution. The Club may substitute a comparable third-party provider at any time without notice, refund, or credit

15. FORCE MAJEURE AND INTERRUPTION OF SERVICE

15.1 Force Majeure Event. A “Force Majeure Event” means any cause beyond the Club’s reasonable control, including: insufficient snowfall or adverse snow, avalanche, or weather conditions; the closure, delayed opening, early closing, suspension, or curtailment of operations by Jackson Hole Mountain Resort or of any lift, road, or highway, including Wyoming Highway 22, Teton Pass, or access roads to Teton Village; fire, flood, earthquake, windstorm, or other natural disaster; failure or interruption of electricity, water, gas, heat, sewer, telecommunications, or internet service; damage to, condemnation of, or loss of use of the building; act of God; war, terrorism, or civil unrest; epidemic, pandemic, or public health emergency; any law, order, regulation, moratorium, or directive of any governmental authority, including any order limiting occupancy, indoor dining, or alcohol service; labor dispute, strike, or shortage of qualified labor; and shortage of or delay in obtaining supplies, equipment, food, beverage, or merchandise.

15.2 No Breach or Default. The Club shall not be in breach or default of this Agreement, and shall have no liability to the Member, for any delay, suspension, reduction, modification, or failure of performance caused in whole or in part by a Force Majeure Event.

15.3 Sole and Exclusive Remedy. If a Force Majeure Event prevents the Club from providing substantially all Club services for more than fourteen (14) consecutive days during the Season, the Member’s sole and exclusive remedy is a credit toward a Club membership for the following season, equal to the pro-rata portion of the membership fee attributable to the days of unavailability in excess of fourteen (14) days, and applied only if the Member purchases a membership for that following season. The credit is non-transferable, has no cash value, and expires if not used for the immediately following season. No cash refunds will be issued on account of a Force Majeure Event.

15.4 SNOW CONDITIONS AND RESORT OPERATIONS. THE MEMBER EXPRESSLY ACKNOWLEDGES THAT SNOWFALL AND SKIING CONDITIONS ARE VARIABLE AND UNPREDICTABLE, THAT THE CLUB HAS MADE NO REPRESENTATION OR WARRANTY REGARDING SNOW CONDITIONS, SNOWPACK, TERRAIN AVAILABILITY, OR THE OPERATING DATES OR LIFT SCHEDULE OF JACKSON HOLE MOUNTAIN RESORT OR ANY OTHER RESORT, AND THAT NO REFUND, CREDIT, OR OFFSET WILL BE ISSUED ON ACCOUNT OF SNOW CONDITIONS, RESORT OPERATING DATES, TERRAIN CLOSURES, OR LIFT AVAILABILITY.

16. CONDUCT, HOUSE RULES, SUSPENSION, AND TERMINATION

16.1 House Rules. The Club may adopt, amend, and enforce reasonable house rules governing use of the Club, including rules on dress, pets, children, photography, noise, smoking and vaping, equipment storage, and lounge etiquette. Current house rules are attached as Schedule D and take effect on posting at the Club or on notice by email.

16.2 Standards of Conduct. Members, Registered Users, occupants, and guests shall: treat Club staff, other members, and guests with courtesy and respect; refrain from harassment, discrimination, threats, intimidation, violence, theft, vandalism, and property damage; comply with reasonable instructions of Club staff regarding safety and operations; refrain from bringing outside alcoholic beverages onto the premises; and comply with all applicable laws and the Club’s house rules.

16.3 Suspension or Termination for Cause. The Club may immediately suspend or terminate a membership, and deactivate credentials, for: non-payment of any amount when due; breach of this Agreement or the house rules; conduct that in the Club’s reasonable judgment endangers, threatens, harasses, or unreasonably disturbs any person; sharing, lending, or misuse of credentials; material misrepresentation in the membership application; or any conduct that could jeopardize the Club’s liquor license, occupancy permits, or insurance. On termination for cause, no portion of the membership fee will be refunded, all benefits and credits are forfeited, the Member remains liable for the full house account balance, and all personal property must be removed within seven (7) days or it will be treated under Section 8.5.

16.4 Termination Without Cause. The Club may terminate any membership without cause on fourteen (14) days’ written notice. In that event the Member’s sole and exclusive remedy is a pro-rata refund of the membership fee for the unused remainder of the Season, less the retail value of any benefit already delivered and not returned in new and unused condition.

16.5 Removal from the Premises. The Club may refuse entry to or remove any person from the premises at any time as permitted by law. No refund or credit arises from any such action.

16.6 Alcohol Service. Alcoholic beverages are served only to persons twenty-one (21) years of age or older who present valid government-issued photo identification, only during permitted hours, only in compliance with Wyoming law and the Club’s liquor license, and at the sole discretion of the Club and its staff. The Club and its staff may refuse or discontinue service to any person at any time for any lawful reason, including apparent intoxication, and no refund, credit, claim, or cause of action arises from a refusal or discontinuation of service. Each Registered User and guest is solely responsible for their own consumption of alcohol and for arranging safe transportation. Members shall not purchase or furnish alcoholic beverages for any person under twenty-one (21) years of age.

17. PHOTOGRAPHY, LIKENESS, AND PUBLICITY

17.1 Consent and License. The Member acknowledges that the Club and its authorized personnel may photograph, film, and record in Club common areas and at Club events. The Member, on behalf of the Member, all Registered Users, all occupants, and all guests, consents to being photographed, filmed, and recorded, and grants the Club a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, transferable, sublicensable license to use, reproduce, edit, adapt, publish, distribute, and display their name, image, likeness, voice, and any testimonial or statement they provide, in Club and Mangy Moose marketing, advertising, social media, editorial, public relations, print, signage, packaging, merchandise, and promotional materials, in any medium now known or later developed, without further notice, approval, or compensation.

17.2 Opt-Out. A Member may opt out of Section 17.1 for the Member and the Member’s Registered Users by written notice to skiclub@mangymoose.com. The Club will use commercially reasonable efforts to honor an opt-out on a going-forward basis but cannot remove incidental crowd imagery already captured or published.

17.3 Restrictions on the Member. Without the Club’s prior written consent, the Member and Registered Users shall not: use the Mangy Moose, Mangy Moose Ski Club, or 60th Anniversary names, logos, or trademarks; conduct commercial photography, filming, live streaming, or sponsored or paid content creation on the premises; or give media interviews on the premises. Members shall respect the privacy of other members and guests and shall not publish images identifying other members or guests without their consent.

17.4 Member Information. The Club will not sell the membership roster to third parties and will handle member information in accordance with the Club’s privacy policy, as amended from time to time.

18. RENEWAL

18.1 Right of First Refusal. A Member in good standing at the close of the Season has the exclusive right, until April 1, 2027, to renew the membership for the 2027–2028 season by executing the Club’s then-current membership agreement and paying the required deposit. After that date the Club may release the membership to another applicant. Rates, benefits, and terms for future seasons are set at the Club’s discretion and are not guaranteed to match those of this Season.

19. NOTICES

19.1 Notices to the Member may be given by email to the address in the signature block and are effective on sending. Notices to the Club must be in writing and delivered by email to skiclub@mangymoose.com

20. GENERAL PROVISIONS

20.1 Governing Law. This Agreement is governed by the laws of the State of Wyoming, without regard to its conflict of laws principles.

20.2 Venue. The Parties consent to the exclusive jurisdiction and venue of the state courts sitting in Teton County, Wyoming, and the United States District Court for the District of Wyoming, and waive any objection based on forum non conveniens.

20.3 Mediation First. Before commencing any action other than one for unpaid amounts or for injunctive relief, the Parties shall attempt in good faith to resolve the dispute through non-binding mediation in Teton County, Wyoming, with a mutually agreed mediator, within sixty (60) days of written demand. Mediation costs are shared equally.

20.4 JURY TRIAL WAIVER. EACH PARTY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE MEMBERSHIP.

20.5 Class Action Waiver. Each Party may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding.

20.6 Attorneys’ Fees. In any action or proceeding arising out of this Agreement, the prevailing Party is entitled to recover its reasonable attorneys’ fees, expert fees, and costs.

20.7 Entire Agreement. This Agreement, together with Schedules A through D, is the entire agreement between the Parties regarding its subject matter, and supersedes all prior and contemporaneous proposals, brochures, websites, social media posts, marketing materials, presentations, and oral or written statements. The Member acknowledges not having relied on any representation not expressly set forth in this Agreement.

20.8 Amendment. This Agreement may be amended only by a writing signed by both Parties, except that the Club may amend the house rules under Section 16.1 and may adjust dates and hours under Section 2.3.

20.9 Severability and Reformation. If any provision is held invalid or unenforceable, it shall be modified to the minimum extent necessary to make it enforceable and to give effect to the Parties’ intent, and if it cannot be so modified, it shall be severed and the remainder of this Agreement shall continue in full force and effect.

20.10 No Waiver. No failure or delay in exercising any right waives it, and no single or partial exercise precludes any further exercise. A waiver is effective only if in writing and signed by the waiving Party.

20.11 Assignment. The Club may assign this Agreement to any affiliate or to any successor to or purchaser of the Mangy Moose business or premises. The Member may not assign this Agreement except as permitted in Sections 3.3 and 6.3.

20.12 Third-Party Beneficiaries. The Released Parties are intended third-party beneficiaries of Sections 8, 9, 10, 11, 12, 13, and 14 and may enforce them directly. There are no other third-party beneficiaries.

20.13 Survival. Sections 5.5, 5.7, 8.2, 8.5, 9, 10, 11, 12, 13, 14, 15, 17, 19, and 20 survive the expiration or termination of this Agreement.

20.14 Counterparts and Electronic Signature. This Agreement may be executed in counterparts and delivered electronically. Electronic signatures and electronically transmitted copies have the same effect as originals.

20.15 Construction. Headings are for convenience only. “Including” means “including without limitation.” This Agreement shall not be construed against either Party as the drafter.

SCHEDULE A — REGISTERED USERS

List every person entitled to use this membership. Maximum five: no more than two adults and up to three Dependents under 22 years of age as of November 27, 2026. Each adult must sign Schedule C before first use.

SCHEDULE B — DESIGNATED PROPERTY (TRANSFERABLE PROPERTY MEMBERSHIP ONLY)

Complete only if purchasing a Transferable Property Membership. Attach the owner’s written authorization if the Member is a property manager.

SCHEDULE C — USER AND GUEST ACKNOWLEDGMENT

Every adult Registered User and every adult occupant using a Transferable Property Membership must sign this acknowledgment before first entering the Club.

I acknowledge that I have been given the opportunity to read the Mangy Moose Ski Club 2026–2027 Membership Service Agreement. I agree to be bound by Sections 10 (Assumption of Risk), 11 (Release and Waiver of Liability), 13 (Limitation of Liability), 14 (Third-Party Providers), 16 (Conduct, House Rules, Suspension, and Termination), 17 (Photography, Likeness, and Publicity), and 20 (General Provisions) of that Agreement as if I were the Member, and I assume the inherent risks described in Section 10. If I am signing on behalf of a minor, I do so as that minor’s parent or legal guardian and I agree to the indemnity in Section 12 with respect to that minor.

MANGY MOOSE SKI CLUB HOUSE RULES

The Mangy Moose Ski Club is a social club that welcomes members from all walks of life. Most likely, you’re a good person. But we gotta lay some house ground rules in the interest of maintaining good, clean fun. Membership to the club means you’ve agreed to abide by the following DO’s and DON’Ts with respect to member conduct. All rules are subject to change without prior notification.

DO

• Practice general rules of common courtesy and safety.

• Treat all members and club staff with mutual respect. Behavior or language by a member that by its nature could be considered threatening, harassing, or abusive to other members, guests or club staff will not be tolerated. Don’t be that guy.

• Accompany your guests at check-in, members. If you are not with them, our staff will not allow them access to the club. Awkward. 

• Keep watch over your young children, parents. Do not leave them unattended or ditch them for one last run down the mountain. Children younger than 18 years old must be accompanied by a parent or legal guardian at all times.

DON’T

• Consume alcohol on site if you’re under the legal drinking age.

• Bring your own booze or smuggle it out. Outside alcohol jeopardizes our liquor license.

• Smoke or vape anything indoors. You know cannabis is illegal in Wyoming, right?

• Assume we're liable for your stuff. Skis, gear, phones, jackets. Watch your own things. This is what lockers are for. The club isn't responsible for lost, stolen, or damaged property.

• Come to the club if you know you’re sick and contagious. Everyone thanks you in advance.

• Bring pets. Service animals as defined by the ADA are always welcome. Your fur baby, unfortunately, is not.

• Photograph or film other members without their consent. People come here specifically not to be photographed. Please respect it.

TERMS OF APPROVAL AND ACCEPTANCE

I have read and understand the terms and conditions above in this digital Contract. If other than Renter, Signer represents that he/she is agent of, and authorized to sign for, Renter.

ACKNOWLEDGMENT AND SIGNATURE

BY SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE READ THIS ENTIRE AGREEMENT, THAT I UNDERSTAND IT, THAT I HAVE HAD THE OPPORTUNITY TO CONSULT AN ATTORNEY, AND THAT I AM SIGNING IT FREELY AND VOLUNTARILY. I UNDERSTAND THAT I AM ASSUMING CERTAIN RISKS, RELEASING THE MANGY MOOSE SKI CLUB FROM LIABILITY FOR ITS ORDINARY NEGLIGENCE, AGREEING TO INDEMNIFY IT, LIMITING ITS LIABILITY TO ME, AND WAIVING MY RIGHT TO A JURY TRIAL. I AM SIGNING ON MY OWN BEHALF AND ON BEHALF OF ALL REGISTERED USERS, OCCUPANTS, AND GUESTS USING THIS MEMBERSHIP, INCLUDING AS PARENT OR LEGAL GUARDIAN OF ANY MINOR DEPENDENT.