FAQs


BASIC INFORMATION

A federal court authorized the notice because you have a right to know about the proposed Settlement and about all of your options before it decides whether to approve the Settlement. The notice explains the Lawsuits, the Settlement, your legal rights, the benefits that are available, and who may qualify for those benefits.
Judge Raymond P. Moore of the United States District Court, District of Colorado is overseeing the Settlement, which resolves twelve similar cases, known as (1) Kramer v. Alterra Mountain Co. and Ikon Pass Inc., Case No. 1:20-cv-01057-RM-SKC (D. Colo.); (2) Eckert v. Alterra Mountain Co. and Ikon Pass, Inc., Case No. 1:20-cv-01158-RM-SKC (D. Colo.); (3) Farmer v. Alterra Mountain Co. U.S. Inc. and Ikon Pass Inc., Case No. 1:20-cv-01175-RM-SKC (D. Colo.); (4) Cleaver v. Alterra Mountain Co. and Ikon Pass Inc., Case No. 1:20-cv-01186-RM-SKC (D. Colo.); (5) Werner et al. v. Alterra Mountain Co. and Ikon Pass Inc., Case No. 1:20-cv-01254-RM-SKC (D. Colo.); (6) Steijn et al. v. Alterra Mountain Co. U.S. Inc., Case No. 1:20-cv-01347-RM-SKC (D. Colo.); (7) Blum v. Alterra Mountain Co., Case No. 1:20-cv-01520-RM-SCK (D. Colo.); (8) Kress v. Alterra Mountain Co. U.S. Inc., Case No. 1:20-cv-01583-RM-SKC (D. Colo.); (9) Simpson v. Alterra Mountain Co., Case No. 1:20-cv-01691-RM-SKC (D. Colo.); (10) Du v. Alterra Mountain Co. U.S. Inc., Case No. 1:20-cv-01699-RM-SKC (D. Colo.); (11) Christiansen v. Alterra Mountain Co., Case No. 1:20-cv-02021-RM-SKC (D. Colo.); and (12) Goldsmith v. Alterra Mountain Co., Case No. 1:20-cv-02907-RM-SKC (D. Colo.) (the “Lawsuits”). 
The people who sued are called the “Plaintiffs,” and the companies sued, Alterra Mountain Company, Alterra Mountain Company U.S. Inc., and Ikon Pass Inc. are together called “Alterra” or “Defendants”.
 

If you received a notice by email or mail, the Defendants’ records indicate that you purchased or received an Ikon Pass or Ikon Base Pass that was purchased on your behalf for the 2019-2020 ski season. These specific passes are referred to as the “Class Ikon Passes” or “2019/20 Ikon Passes” throughout the notice.  

The Lawsuits allege the 2019/20 ski season was ended prematurely by Alterra due to COVID-19 and that 2019/20 Ikon Pass holders are entitled to damages stemming from their pass purchases.

Alterra denies that the 2019/20 Ikon Passes promised or guaranteed a season of any particular length, or that 2019/20 Ikon Pass holders are entitled to refunds because COVID-19 caused ski resorts to close. Alterra also denies that it violated any law or engaged in any wrongdoing.

In a class action, one or more people called “Class Representatives” sue for all people who have similar claims. Together, these people with similar claims are called a “Settlement Class” or “Class Members.” One court resolves the legal issues for all Class Members, except for those who exclude themselves from the Settlement Class.

The Court did not decide which side was right or whether the 2019/20 Ikon Pass holders are entitled to refunds. Instead, both sides agreed to the Settlement to avoid the costs and risks of further litigation and to provide benefits to Class Members. The Settlement does not mean that the Court found that Defendants broke any laws or did anything wrong. The Class Representatives and the lawyers representing them (called “Class Counsel”) believe that the Settlement is in the best interests of all Class Members.

THE SETTLEMENT CLASS—WHO IS INCLUDED

The Settlement Class includes all residents of the United States and its territories who: (a) purchased any form of Ikon pass for the 2019/20 season; or (b) received as a gift, from a donor meeting those requirements, any form of Ikon pass not used by the donor or by anyone else after the donor purchased the Ikon pass and before the donor gave the Ikon pass to the Settlement Class Member; and who used their Ikon pass for mountain access to any resort accessible with a 2019/20 Ikon Pass (“Ikon Resort”) on one or more days on or before March 15, 2020.  

The following are not included in the Settlement Class: (1) 2019/20 Ikon Pass holders who did not use their Ikon pass for mountain access to any Ikon Resort on or before March 15, 2020; (2) officers, directors, and employees of Defendants and their parents and subsidiaries; (3) insurers of Class Members; (4) subrogees (someone who has assumed the rights of another person) or all entities that claim to be subrogated to the rights of a 2019/20 Ikon Pass purchaser, a 2019/20 Ikon Pass holder, or a Class Member; (5) all third-party issuers or providers of insurance for the 2019/20 Ikon Passes, and (6) all persons who previously received a 2019/20 Ikon pass as a complimentary gift from Alterra.

THE SETTLEMENT BENEFITS—WHAT YOU GET IF YOU QUALIFY

The Settlement provides for a Pass Credit toward the purchase of a 2023/24 or 2024/25 Ikon Pass product, or a Lift Product Voucher toward the purchase and use on or before July 31, 2025 of one single-day lift ticket at any single Alterra Resort.

Pass Credits

  1. Pass Credit Amounts. For any Settlement Class Member who used their 2019/20 Ikon Pass to access an Ikon Resort a total of one or more days on or before March 15, 2020, the following Pass Credits are available:
    1. A single $150 Pass Credit for Settlement Class Members who used their 2019/20 Ikon Pass to access an Ikon Resort exactly 1 day; 
    2. A single $125 Pass Credit for Settlement Class Members who used their 2019/20 Ikon Pass to access an Ikon Resort exactly 2 days;
    3. A single $100 Pass Credit for Settlement Class Members who used their 2019/20 Ikon Pass to access an Ikon Resort exactly 3 days; 
    4. A single $50 Pass Credit for Settlement Class Members who used their 2019/20 Ikon Pass to access an Ikon Resort exactly 4 days; 
    5. A single $20 Pass Credit for Settlement Class Members who used their 2019/20 Ikon Pass to access an Ikon Resort exactly 5 or 6 days; and
    6. A single $10 Pass Credit for Settlement Class Members who used their 2019/20 Ikon Pass to access an Ikon Resort 7 or more days. 
  2. Pass Credit Delivery. Unless a Settlement Class Member submits a Valid Election for a Lift Product Voucher in lieu of a Pass Credit, the appropriate Pass Credit amount will automatically be applied to each Settlement Class Member’s Ikon pass holder profile without any requirement to fill out a claim form or take any other affirmative action. The appropriate Pass Credit amount will be loaded into the online Ikon pass holder account of the primary pass holder associated with the Settlement Class Member’s profile as of the date of disbursement of the Pass Credit. 
  3. Pass Credit Scope of Use. Each Pass Credit must be used in full in a single transaction, and may be used at any time during the standard applicable sales period toward the purchase of any Ikon pass product available for use during the 2023/24 or 2024/25 Ski Seasons that the Pass Credit recipient is eligible for. A Pass Credit may be applied toward the purchase of an Ikon pass product at an already discounted price or be applied with other available discounts (e.g., renewal credit, nurses discount, college discount, and so on).
  4. Pass Credit Transferability. The Pass Credit amount is not transferrable except to another Ikon pass holder associated with the same primary pass holder account (an “Affiliate Ikon Pass Holder”). To request a qualifying transfer to an Affiliate Ikon Pass Holder (that is, someone within the same primary pass holder account), the primary pass holder must contact Alterra’s standard call center. 
  5. Stack-ability. Upon transfer, Affiliate Ikon Pass Holder Pass Credits may be used in combination, to purchase one or more Ikon pass product(s) as described above for anyone who is an Affiliate Ikon Pass Holder. Each Pass Credit, however, may only be used toward the purchase of a single qualifying Ikon pass product, and any unused remaining portion of said Credit will be forfeited.  

Lift Product Voucher 

  1. Lift Product Voucher Amounts. For any Settlement Class Member who used their 2019/20 Ikon Pass to access an Ikon Resort a total of one or more days prior to March 15, 2020, the following Lift Product Vouchers are available to elect instead of a Pass Credit:
    1. Settlement Class Members who used their 2019/20 Ikon Pass to access an Ikon Resort exactly 1 day, may elect to receive one 50% Lift Product Voucher;
    2. Settlement Class Members who used their 2019/20 Ikon Pass to access an Ikon Resort exactly 2 days, may elect to receive one 40% Lift Product Voucher;
    3. Settlement Class Members who used their 2019/20 Ikon Pass to access an Ikon Resort exactly 3 days, may elect to receive one 30% Lift Product Voucher:
    4. Settlement Class Members who used their 2019/20 Ikon Pass to access an Ikon Resort exactly 4 days, may elect to receive one 25% Lift Product Voucher; and 
    5. Settlement Class Members who used their 2019/20 Ikon Pass to access an Ikon Resort exactly 5 or more days, may elect to receive one 20% Lift Product Voucher.    
  2. Lift Product Voucher Election and Delivery. If a Settlement Class Member submits a Claim Form and makes a Valid Election (in lieu of a Pass Credit), the Lift Product Voucher will be applied to the individual Ikon pass holder profile and placed in the account of the primary pass holder associated with the Settlement Class Member’s profile as of the date of disbursement of the Lift Product Voucher. To make a Valid Election, a Settlement Class Member must submit a properly completed claim form by the Court-approved deadline that includes, among other information, the name, address, email address, and unique Customer ID or Pass ID associated with their Ikon pass holder account.
  3. Lift Product Voucher Scope of Use. The Lift Product Voucher may be applied toward the purchase and use on or before July 31, 2025 of one single-day lift ticket at any single Alterra Mountain Company-owned or operated resort. The Lift Product Voucher may be redeemed and applied toward the purchase of a single day lift ticket online through the applicable Alterra Mountain Company-owned or operated resort’s website or at the walk-up window. A Lift Product Voucher may be applied toward the purchase of a single day lift ticket at the posted full or Advance Purchase rate, but may not be applied to an already discounted rate or combined with other available discounts.
  4. Lift Product Voucher Transferability. The Lift Product Voucher is fully transferrable and may be resold once by each Settlement Class Member recipient. To complete a transfer, a Settlement Class Member will, using their online Ikon pass holder account, enter the email address of the transferee. The transferee will then receive an email prompting them to accept or decline the transfer. To accept the transfer, the transferee must have or create an online Ikon account, though they need not make any purchase. A Lift Product Voucher may not be transferred or resold a second time.
     

You will have until January 2, 2023 to submit a Claim Form to receive a Lift Product Voucher instead of a Pass Credit.

HOW TO GET BENEFITS—SUBMITTING A CLAIM FORM

If you qualify, you may receive one benefit for each 2019/20 Ikon Pass issued to you. 

You do not need to do anything to receive in your online Ikon Pass account the Pass Credit to which you are eligible.

If you wish to receive a Lift Product Voucher instead of a Pass Credit, you must submit a Claim Form, either on the Submit Claim page or via U.S. Mail by January 2, 2023.

Claim Forms are available for download and submission on the Important Documents page. You can also contact the Settlement Administrator by telephone at 1-855-484-8285, by email at info@SkiPassSettlement.com, or by writing to Goodrich v. Alterra Mountain Company Settlement, Attn: Class Action Administrator, 1650 Arch Street, Suite 2210, Philadelphia, PA 19103, to request a Claim Form. 

If you purchased an Ikon pass for a minor and you wish for that minor to receive a Pass Credit benefit, then you do not need to do anything. The Pass Credit will be loaded into the online Ikon pass holder account of the primary pass holder associated with the Settlement Class Member’s profile as of the date of disbursement of the Pass Credit. If you purchased an Ikon pass for a minor and you wish for that minor to (a) elect the Lift Product Voucher benefit instead of the Pass Credit benefit, (b) opt out of the settlement, or (c) object to the settlement, then you will need to make the appropriate submissions on their behalf. FAQ 12 describes the process to submit a claim form electing the Lift Product Voucher. FAQ 18 describes the process to opt out of the settlement. FAQ 21 describes the process to object to the settlement.

Unless you exclude yourself, you are staying in the Settlement Class. If the Settlement is approved and becomes final, all of the Court’s orders will apply to you and legally bind you. Generally, that means you won’t be able to sue, continue to sue, or be part of any other lawsuit against Defendants or other released parties (“Releasees”) for the legal issues and claims resolved by this Settlement. The specific rights you are giving up are called Released Claims (see FAQ 15).

The claims that you are releasing, the “Released Claims,” are all claims for economic loss or damages relating to the 2019/20 Ikon Passes, 2019/20 Ski Season, or the closure of any resorts participating within the Ikon network for the 2019/20 Season. The released parties, also called “the Releasees,” are (i) Defendants, together with their predecessors and successors in interest, parents, subsidiaries, affiliates, and assigns; (ii) each of Defendants’ past, present, and future officers, directors, agents, representatives, servants, employees, attorneys, and insurers; and (iii) all Ikon Resorts and their owners and operators. The Settlement is expressly intended to cover and include all such claims, actions, and causes of action for economic losses or damages dealing whatsoever with the 2019/20 Ikon Passes.

The complete Settlement Agreement describes the Released Claims in necessary legal terminology. Please read it carefully. A copy of the Settlement Agreement is available on the Important Documents page
 

Yes. The Court appointed Yeremey Krivoshey and Scott Bursor of Bursor & Fisher, P.A.; and Jonas Jacobson, Simon Franzini, Gregory Dovel, and Julien Adams of Dovel & Luner LLP as Class Counsel, to represent you and other Class Members. You will not be charged for the services of Class Counsel. If you want to be represented by your own lawyer, you may hire one at your own expense.

Class Counsel will ask the Court to award them up to $2,872,000 for attorney fees and reimbursement of the litigation expenses and costs they incurred and/or advanced. They will also ask for service awards of $3,500.00 to be paid to Class Representatives Timothy Goodrich, Nolte Mehnert, George T. Farmer, Erik Ernstrom, W. Walter Layman, Bradley Briar, and Keri Reid. If approved, Alterra will separately pay these fees, costs, expenses, and service awards. These amounts will not reduce the amount of benefits available to Class Members. In addition, Defendants have also agreed to pay the Settlement Administrator’s fees and expenses, including the costs of mailing the Settlement Notices and distributing any payments owed to Class Members as part of the Settlement. 

EXCLUDING YOURSELF FROM THE SETTLEMENT CLASS

If you want to keep the right to sue or continue to sue Defendants about the legal claims in this lawsuit, and you don’t want to receive benefits from this Settlement, you must take steps to exclude yourself from the Settlement. This is sometimes called “opting out” of the Settlement Class.

To exclude yourself from the Settlement, you must send by U.S. mail a letter or written request to the Settlement Administrator.  Your request must include all of the following: your name, your current email address and mailing address, and the email address and mailing address associated with your online Ikon Pass account. To be valid, your Request for Exclusion must include all of the information requested, must be individually signed, and must be individually sent to the Settlement Administrator at the address below with a postmark no later than November 18, 2022. 

Goodrich v. Alterra Mountain Company Settlement Administrator
Attn: Exclusion Request
P.O. Box 58220
Philadelphia, PA 19102

No. If you exclude yourself, you are telling the Court that you don’t want to be part of the Settlement Class in this Settlement. You can only get Settlement benefits if you stay in the Settlement Class and, if necessary, submit a valid Claim Form for benefits as described above.

No. Unless you exclude yourself, you are giving up the right to sue Defendants for the claims that this Settlement resolves and releases (see FAQ 15). You must exclude yourself from this Settlement Class to start or continue with your own lawsuit or be part of any other lawsuit involving the same claims.

OBJECTING TO THE SETTLEMENT

You can tell the Court if you don’t agree with the Settlement or with any part of it.

If you do not exclude yourself from the Settlement, you may object to it. You can give reasons why you think the Court should not approve the Settlement. The Court will consider your views before making a decision. To object, you or your attorney must mail and cause to be postmarked a written objection and supporting papers to the Settlement Administrator. Your objection must contain: (1) the name of the Lawsuit (Kramer v. Alterra Mountain Co. and Ikon Pass Inc., Case No. 1:20-cv-01057-RM-SKC (D. Colo.)); (2) your full name and current address and telephone number; (3) the specific reasons for your objection; (4) any evidence and supporting papers (including, but not limited to, all briefs, written evidence, and declarations) that you want the Court to consider in support of your objection; and (5) your signature.

You must mail your written objection to the Settlement Administrator at:

Goodrich v. Alterra Mountain Company Settlement Administrator
Attn: Objection
P.O. Box 58220
Philadelphia, PA 19102

Your written objection must be mailed with a postmark no later than November 18, 2022.

Objecting is simply telling the Court that you don’t like something about the Settlement. You can object only if you stay in the Settlement Class (do not exclude yourself). Excluding yourself is telling the Court that you don’t want to be part of the Settlement Class. If you exclude yourself, you cannot object because the Settlement no longer affects you.

THE COURT’S FAIRNESS HEARING

The Court will hold a hearing to decide whether to approve the Settlement. You may attend and you may ask to speak at the hearing, but you don’t have to.

The Court will hold a Fairness Hearing on January 19, 2023 at 10:00 a.m., at the U.S. District Court for the District of Colorado, located at the Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, CO 80294, Courtroom A601, to consider whether the Settlement is fair, adequate, and reasonable, and whether it should be finally approved. If there are objections, the Court will consider them. The Court will listen to people who have asked to speak at the hearing (see FAQ 25). The Court may also decide the amount of fees, costs and expenses to award Class Counsel and the payment amount to the Class Representatives. This hearing may be continued or rescheduled by the Court. If that happens, notice of the new hearing date will be posted on this Settlement Website.

No. Class Counsel is working on your behalf and will answer any questions the Court may have about the Settlement. However, you are welcome to come at your own expense. If you mail an objection to the Settlement, you don’t have to come to Court to talk about it. As long as you mail your written objection on time, sign it, and provide all of the required information (see FAQ 21) the Court will consider it. You may also pay your own lawyer to attend, but it’s not necessary.

Yes. You may ask the Court to speak at the Fairness Hearing. To do so, you must mail notice of your intent to do so to the Settlement Administrator stating that it is your “Notice of Intent to Appear at the Fairness Hearing in Kramer v. Alterra Mountain Co. and Ikon Pass Inc., Case No. 1:20-cv-01057-RM-SKC”. You must include your name, address, telephone number, and signature. If you plan to have your own attorney speak for you at the hearing, you must also include the name, address, and telephone number of the attorney who will appear on your behalf. Your written Notice of Intent to Appear must be mailed to the Settlement Administrator by November 18, 2022. If you intend to call witnesses at the Final Fairness Hearing you must also notify the Settlement Administrator in writing by November 18, 2022 and you should include a list of any witnesses you will call and a summary of their requested testimony.

IF YOU DO NOTHING

If you received notice from the Settlement Administrator that you are an eligible Class Member, and do nothing, you will automatically receive in your online Ikon Pass account the Pass Credit to which you are eligible, and you will give up your right to ever be part of another lawsuit against Defendants about the legal claims resolved by this Settlement. 

If you did not receive notice from the Settlement Administrator that you are an eligible Class Member, but are an eligible member of the Class, and do nothing, you will not receive any settlement benefits, and you will give up your right to ever be part of another lawsuit against Defendants about the legal claims resolved by this Settlement. 

In either event, if the Court approves the Settlement, you will be bound by its terms, and you will give up your right to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Defendants and the other Releasees about the legal issues or claims resolved and released by this Settlement.
 

GETTING MORE INFORMATION

The Notice summarizes the Settlement. More details are in the Settlement Agreement, available online on the Important Documents page. If you have questions, you may contact the Settlement Administrator at: Goodrich v. Alterra Mountain Company Settlement Administrator, 1650 Arch Street, Suite 2210, Philadelphia PA 19103, info@SkiPassSettlement.com, or 855-484-8285, or visit Class Counsel’s website (www.Bursor.com) for their contact information should you wish to communicate with them directly. 

DO NOT WRITE OR CALL THE COURT, ALTERRA, OR ANY ALTERRA OR IKON RESORT FOR INFORMATION ABOUT THE SETTLEMENT OR THIS LAWSUIT.