Park City Mountain Resort, still entangled in a lawsuit with a firm under the Talisker Corp. umbrella, is selling season passes for the second year in a row with a caveat indicating it could be closed for all or part of the ski season.
The caveat is posted on marketing material for season passes for the 2013-2014 ski season. Resorts sell season passes months before the opening date of the ski season in an effort to bring in revenue early. They offer discounts for people who buy early.
The caveat posted by PCMR is similar in language to the one that accompanied the marketing material for season passes for the 2012-2013 ski season. It says if PCMR is closed for the next ski season, the full price of a season pass will be refunded. If there is a closure for part of the ski season, it says, the refund will be prorated depending on how long the resort is closed based on the case against Talisker Corp.
The caveat also says that the resort "is confident it will operate business as usual for the 2013-14 season, its 50th anniversary." In an interview, resort spokesman Andy Miller made a similar statement, saying that PCMR anticipates that the resort will be open for the entire ski season.
"We're quite confident we'll be operating for a full 2013-2014 season," Miller said.
He acknowledged that a few PCMR customers recently inquired about the lawsuit as they were considering purchasing season passes. Miller said the caveat was published "just to reassure our guests and season-pass purchasers.
PCMR in the spring of 2012 filed a lawsuit against the Talisker Corp. firm centered on the resort's lease of land under the control of Talisker Land Holdings, LLC. Much of the land where the resort operates is leased from the Talisker Corp. firm. The dispute centers on whether the lease was renewed properly. A Third District Court judge in November dismissed key parts of the lawsuit. The case remains active.
It has been among the most closely watched legal cases in the Park City area in years as two giants of the area's economy face each other. PCMR is worried that it could be forced to shut down if it loses the case. That would eliminate a competitor to the Talisker Corp.-controlled Canyons Resort, PCMR claims.
Mike Goar, the managing director of Canyons Resort and a Talisker Corp. representative, said Talisker Corp. would not discuss the PCMR caveat at this time.
In the weeks after PCMR published the caveat in 2012, Talisker Corp. issued a statement indicating it provided the resort a written assurance that it would not force the closure of the resort for the 2012-2013 ski season.
The caveat published in PCMR's marketing material for the 2013-2014 ski season follows: "Park City Mountain Resort is confident it will operate business as usual for the 2013-14 season, its 50th anniversary. Talisker Land Holdings, its landlord, has stated publicly numerous times that it will not interfere with Park City Mountain Resort's ability to operate. In the unlikely event the Resort is forced to close for the 2013-14 season, the Resort will refund the full season pass price paid by holders of 2013-2014 season passes. If the Resort is forced to close for a portion of the 2013-2014 season, the Resort will prorate the refund based on the period the Resort is closed."