TXSNOW Lesson Purchase and Service Agreement

(Version: 2025v1.1 | Effective Date: 2025-11-09)

This Agreement is entered into by and between:

• Service Provider (Party A): 16990096 Canada Inc. (DBA: TXSNOW) (“TXSNOW”)
• Purchaser (Party B): the individual participant purchasing Lessons; in the case of a minor, the participant’s legal guardian (collectively, the “Participant”).

Before placing any order, making payment, booking or attending any Lesson, the Participant must carefully read this Agreement. By checking or clicking “I have read and agree”, signing, or making payment, the Participant is deemed to have fully understood and agreed to all terms of this Agreement.

1. Definitions and References

1. Lesson(s): means the ski/snowboard teaching services provided by TXSNOW, including but not limited to 1:1 Lessons, 1:x Lessons, 2:4 dynamic group lessons, the Snow Buddies Discovery Program, Kids Master Lessons and other related products.
2. 1:x Lesson: a Lesson format in which one Instructor teaches multiple participants.
3. 2:4 dynamic group lesson: a small-group Lesson format with two Instructors and four participants, using a dynamic regrouping model.
4. Meeting Point: the designated meeting and dismissal point for the Lesson.
5. Ski Patrol: the resort’s patrol and on-snow emergency / first-aid service.
6. Extreme Weather: weather conditions that cause resort closure or severely impact on-snow safety.

2. Ordering, Payment and Confirmation

1. The Participant acknowledges and agrees that Lesson fees must be paid in advance in order for a spot to be held.
2. After successful payment, TXSNOW will, within 24 hours during business hours, contact the Participant via social media, phone or email to confirm the Lesson details (time, location, Instructor information, etc.). TXSNOW is not responsible if the Participant cannot be reached, fails to respond, or does not provide the required information in time, resulting in the requested slot or time becoming unavailable.
3. Lessons are valid for 24 months from the date of purchase. After the validity period expires, any unused Lessons automatically lapse and cannot be redeemed for cash.
4. If a Lesson is to be transferred to a different user, prior written consent from TXSNOW is required, and the new participant must complete and sign the Waiver and Pre-Lesson Information Form before attending.

3. Arrival and Equipment

1. Punctual arrival. The Participant should arrive at the Meeting Point 10–15 minutes before the scheduled start time. Lesson time is counted from the scheduled booking time; late arrival does not extend the Lesson time.
2. Lift tickets and rentals. If the Participant needs to purchase lift tickets and/or rent equipment, they should arrive at the resort at least 1–1.5 hours in advance (on weekends and holidays, 2–3 hours) to complete these procedures. Failure to do so, resulting in an inability to attend the Lesson on time, will be deemed the Participant’s responsibility.
3. Mandatory helmets. Helmets are mandatory safety equipment. If the Participant is not wearing a helmet, the Lesson cannot proceed and will not be rescheduled or refunded. If the Instructor is not wearing a helmet and the Participant refuses to continue the Lesson, the Instructor or TXSNOW will provide compensation equivalent to double the Lesson duration (by extending or adding Lesson time), as scheduling allows.
4. The Participant must wear appropriate snow sports clothing, boots and protective gear that meet safety requirements. If assistance is needed, the Participant should inform TXSNOW or the Instructor in advance.

4. Safety and Conduct

1. The Participant must truthfully disclose health conditions and any relevant contraindications, and must sign the Waiver and the Pre-Lesson Information Form. The Participant’s legal name must be used (for minors, the legal guardian signs on their behalf). A completed Waiver and Pre-Lesson Information Form are required before the Lesson can take place.
2. The Participant must follow all resort safety signage and rules, and must not stop or gather in: areas directly under chairlifts; snowmaking / grooming / winch operation areas; blind spots and blind rolls;
   merge points; terrain park entry and landing zones; or any other restricted or operational zones.
3. Alcohol and drugs. If the Participant appears to be under the influence of alcohol or drugs (e.g., strong smell of alcohol, unsteady gait, slurred speech, slow reactions, inability to follow basic safety instructions, etc.), the Instructor has the right, for safety reasons, to refuse to start the Lesson or to terminate it immediately. In such cases, the Lesson fee is non-refundable, and the Lesson will not be rescheduled or extended.
4. If a collision, incident or dispute occurs during the Lesson, the collection and exchange of the other party’s identity and contact information shall be led by Ski Patrol, who will coordinate the information exchange and prepare any relevant report.
5. In the event of a collision, incident or dispute during the Lesson, the Instructor’s primary duty is to ensure the Participant’s safety and access to medical assistance. The Instructor must accompany the Participant and, where appropriate, notify Ski Patrol. The Instructor must not pursue a suspected at-fault party or attempt to assign blame on the spot.

5. Lesson Formats and On-the-Spot Handling

1. 2:4 dynamic group lesson – temporary separation / injury (dynamic 1:(4−N)).
   In a 2:4 dynamic group lesson, if N participants need to temporarily leave the group under Instructor supervision (e.g., equipment issues, fatigue, washroom break, injury requiring medical attention), the remaining Instructor will immediately continue the Lesson with the remaining 4−N participants, which may temporarily become a 1:3, 1:2 or 1:1 format. If the other Instructor needs to accompany a participant or is injured and must temporarily leave, the Lesson may temporarily become 1:4, in which case the Instructor will choose more conservative routes until the group rejoins or the Lesson is ended in accordance with the rules.
2. 1:x Lessons – suspension and no refund.
   In a 1:x Lesson, if any member of the group is injured or unwell and the Instructor must accompany the participant to the first-aid station / clinic or handle the incident, the Lesson is immediately suspended. Time spent on suspension is not refundable and will not be added back. If the Instructor completes the necessary handling within the originally scheduled Lesson time and there is remaining time, the Lesson will resume and continue until the scheduled end time.
3. Participant’s own illness / injury.
   If the Participant becomes injured or unwell during the Lesson and needs to rest or seek medical attention, the Lesson will be terminated immediately and will not be refunded, rescheduled or extended. If, after appropriate handling, there is still remaining time within the original time slot and conditions allow, the remaining portion of the Lesson may be completed.
4. Instructor lateness and compensation.
   If the Instructor is late due to their own reasons, TXSNOW will compensate the Participant with double the amount of time delayed (for example, if the Instructor is 10 minutes late, the Participant will receive 20 minutes of additional Lesson time), to be arranged within the same time slot or a nearby time slot, subject to scheduling availability.

6. Special Terms – Kids Master Program

1. The Kids Master Program is a Montessori-inspired, child-led Lesson stream. In the early stages it focuses on building interest and safe habits; specific Lesson content is adjusted dynamically based on the child’s condition and readiness on the day.
2. The Kids Master – Snow Buddies Discovery Program is a non-standardized Lesson that applies Montessori-inspired principles to skiing, with the primary goal of nurturing a child’s interest in snow sports. Light teaching elements are blended into activities such as (including but not limited to): snow hiking, hide-and-seek, playing in the snow, snowball fights, getting familiar with equipment, telling ski stories, indoor breaks and similar low-pressure activities — with “learning through play” as the first priority.
3. Information gathering and privacy.
   To better understand the child and ensure a smooth and safe Lesson, the Instructor may, before or during the Lesson, ask the guardian about the child’s temperament, likes and dislikes, communication preferences, allergies or contraindications, and any known triggers that may cause discomfort or distress. This information will be used only for teaching and safety management within the Lesson. The Instructor has a duty of confidentiality and will not disclose such information to third parties without the guardian’s prior explicit consent, except where disclosure is required by law or reasonably necessary to cooperate with the resort, insurers, or regulators.
4. Pickup code.
   The guardian must set a pickup code (“Pickup Code”) before the Lesson. At the end of the Lesson, the correct Pickup Code must be entered to complete the handover of the child.
5. Pickup time.
   The guardian must arrive at the Meeting Point 15 minutes before the scheduled end of the Lesson to pick up the child. If the guardian is more than 10 minutes late, additional time will be charged at the applicable rate for Snow Buddies Discovery Program Lessons.
6. Temporary discomfort: If a child shows signs of discomfort, fatigue, emotional fluctuation, abnormal temperature, or any condition unsuitable for continued skiing, the Instructor may—based on professional judgment, safety considerations, and the developmental characteristics of children—immediately transition the Lesson into a low-intensity Snow Buddies Discovery–style accompaniment/introductory activity without needing prior consent from the parent/guardian. The Instructor should notify the parent/guardian as soon as reasonably possible.
   If the child refuses to continue or is deemed unfit to proceed, the Instructor will not force the child to continue and will contact the parent/guardian to confirm whether the Lesson should end early.
   Time not completed due to the above transition or early termination will not be extended or refunded.

7. Rescheduling, Cancellation and Refunds

1. Rescheduling:
   • ≥ 48 hours before the Lesson start time:
     The Participant may contact customer service to change the date/time.
   • 48–24 hours before the Lesson start time:
     Changes are allowed, but 50% of the Lesson fee will be charged.
   • Less than 24 hours before the Lesson start time:
     No refunds for cancellation; changes are not permitted.
   • Lessons purchased within 48 hours before the Lesson start time (including same-day purchases) are final and cannot be changed or canceled.
   • If an Instructor needs to cancel or change a Lesson time/date for special reasons, TXSNOW will contact you at least 48 hours in advance to discuss alternatives.
2. Refunds:
   • A refund is available only if all of the following are met:
     payment was made within the last 24 hours, and
     the scheduled Lesson start time is at least 72 hours away.
     In this case, a refund handling fee will be charged: 5% of the total Lesson amount + CAD 20.
   • In all other situations, Lessons are non-refundable. Lessons are valid for 24 months from the date of purchase; after that they automatically expire and cannot be redeemed for cash.
3. Extreme weather / resort closure:
   If the resort is officially closed by the mountain due to weather or operational reasons, the Lesson may be rescheduled. Poor weather conditions without official closure generally do not constitute grounds for rescheduling or refund.
4. Intoxication / drugs (non-refundable):
   See Section 4(3) of this Agreement.
5. Illness / injury and suspended shared Lessons (non-refundable):
   See Section 5(3) and 5(4) of this Agreement.

8. Images, Privacy and Data

1. For teaching and safety purposes, the Instructor will keep Lesson records (such as Lesson notes, Instructor feedback, non-public short videos, and group photos), and share them in the Lesson group chat. TXSNOW staff will input these records into the internal CRM system for Lesson review, service improvement, and compliance documentation.
2. Public use: Any photos or videos to be used for external promotion or on social media require prior authorization from the Participant or, in the case of a minor, their guardian. Without such authorization, the materials will not be publicly posted.
3. TXSNOW complies with applicable privacy laws. Participant information is processed only to the extent necessary to deliver the Lesson, provide after-sales service, and meet compliance obligations, and reasonable safeguards are used to protect such data.

9. Limitation of Liability and Assumption of Risk

1. Skiing and snowboarding involve inherent risks. The Participant and, where applicable, the guardian must fully understand these risks and sign the Waiver and the Pre-Lesson Information Form before attending any Lesson.
2. To the fullest extent permitted by law, TXSNOW is not liable for any indirect, incidental, or punitive damages. For direct losses, the total liability of TXSNOW is limited to the Lesson fees actually paid by the Participant for the disputed Lesson(s), excluding any third-party costs such as resort lift tickets, rentals, transportation, meals, or accommodation.

10. Notices, Language and Governing Law

1. TXSNOW may send Lesson-related notices and documents (including a PDF copy of this Agreement) to the phone number and/or email address provided by the Participant at the time of purchase. Such notices will be deemed delivered once sent.
2. This Agreement is governed by the laws of the Province of Ontario, Canada. In case of a dispute, the parties will first seek to resolve it through good-faith negotiation. If negotiation fails, the dispute shall be submitted to the competent courts of Ontario.

11. Updates, Severability and Entire Agreement

1. TXSNOW may update this Agreement from time to time based on operational needs. The updated version will be identified by version number and effective date, and will be posted on the official website and/or on the checkout page.
2. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Participant Information