BISON LODGE LTD. (hereinafter referred to as the “Operator ”)
If the Client wishes to cancel the reservation of the Property, the Client must provide the Operator with prior written notice confirming such cancellation (the “Cancellation Notice ”), which notice shall be deemed effective upon receipt by the Operator. In the event that the Client cancels the reservation of the Property, the Operator will refund the Client that portion of the Rental Fee described in the table below, and the balance of the Rental Fee shall constitute a cancellation fee (the “Cancellation Fee ”) payable by the Client to the Operator immediately upon receipt of the Cancellation Notice by the Operators:
In light of Covid-19, we have made a few adjustments to our 2020.21 booking policies. We hope that the following measures help to ease concerns and can provide some comfort to those looking to book at Bison Lodge for the 2020.21 winter season. We have introduced a ‘no questions asked’ refund policy effective until October 1, 2020. Guests will be able to secure a 100% refund, no questions asked until that date. Effective October 2, our standard cancellation policy applies.
Adjustments made to our standard cancellation policy to accommodate Covid-19 related interruptions include:
• If a client cannot travel for their stay due to travel restrictions related to the COVID-19 pandemic, The Bison Lodge will provide a full refund for all payments made.
• If a client cannot travel for their stay due to a COVID-19 illness they or a member of their household has, The Bison Lodge will provide a full refund for all payments made. Bison may ask for a doctor’s note outlining the illness in this case.
• If a client cancels for any other reason, our normal cancellation policy applies. Please note that The Bison Lodge encourages all clients to secure their own travel insurance to protect them in case they need to cancel their trip. Please contact Uniglobe at revelstoke@uniglobespecialty.com to set this up.
Without limiting or derogating from any provision set out herein, including, without limitation, the content of Section 10 above, if the Client is ever unhappy with any aspect of the holiday, the Client must address the complaint immediately to the Operator or the Operator’s Representatives who are resident at the Property.
Notwithstanding anything in the Rental Agreement, the Operator is bona fide delayed or hindered in or prevented from the performance of any term, obligation, covenant or act required hereunder by reason of any event or circumstance that is not within the Operator’s control, including, without limitation, acts of God, including wind, ice and other storms, lightning, floods, earthquakes, volcanic eruptions, landslides and avalanches; epidemics, war (whether or not declared), blockades, acts of public enemies, acts of sabotage, civil insurrection, riots and civil disobedience; explosions and fires; restrictive governmental laws or regulations, compliance with all orders of all governmental authorities, courts or tribunals or public authorities; strikes and labour unrest; inability to secure materials or services; power failure; or other reason whether of a like nature or not (any such event or circumstance being a “Force Majeure ”), then, in such case, the Operator is excused of the performance of that term, obligation, covenant or act required for the period of the delay due to the Force Majeure, and the Operator shall not be in breach or default with respect to same, and the Operator will be entitled to perform that term, obligation, covenant or act within the appropriate time period after the expiration of the period of the delay.
IN CONSIDERATION of the Operator Indemnitees permitting access to the Occupant to Bison Lodge and its amenities, including the rock climbing wall, sauna, hot tub, hot tub deck, spa, massage treatment room, wood-fired forno oven, gas fire pit, natural fire pit, yoga and exercise room, and wine cellar, (collectively, the “Amenities”), the Occupant hereby:
ACKNOWLEDGES, AGREES and REPRESENTS that I UNDERSTAND that my use and enjoyment of the Amenities may involve participation in potentially dangerous and hazardous activities including, but not limited to, rock climbing, swimming, wading, bathing, climbing, walking, sitting, laying, lounging, exercising, lifting, stretching, steaming, cooking, and consumption of food and beverage (collectively, the “Bison Lodge Activities ”);
Occupant Initial: *
FURTHER ACKNOWLEDGES, AGREES and REPRESENTS that I UNDERSTAND that use and enjoyment of the Amenities are not supervised, and that there are inherent risks of personal injury, death, or property loss in the Bison Lodge Activities, which include, but are not limited to, falling, tripping, slipping, loss of balance, burning, wet surfaces, negligence of other participants or staff, falling debris or snow/ice, loss of grip, equipment failure, and physical exertion that may result in fractures, spinal cord injury, paralysis, concussion, brain injury, vertigo, loss of consciousness, over exertion, fatigue, cardiac arrest, lacerations, soft-tissue injury, sprains, strains and tears of the muscles and ligaments, and burns, and that bodily injury to my person may further result in chronic pain and/or mental impairments that include, but are not limited to, loss of mental acuity and executive function, cognitive deficit, emotional issues, depression, anxiety and post-traumatic stress;
Occupant Initial: *
FURTHER ACKNOWLEDGES, AGREES and REPRESENTS that I UNDERSTAND that there are additional risks of personal injury, death or property loss attendant with the Bison Lodge Activities which involve use of the hot tub, hot tub deck, sauna, and spa, which risks include, but are not limited to, overheating, heat stroke, scalding, fainting, loss of consciousness, drowning, choking, water inhalation, and loss of oxygen to the brain (hypoxia), which can result in serious brain injuries, including but not limited to, neurological damage, loss of consciousness, paralysis, loss of mental acuity and executive function, cognitive deficit, loss of speech and motor skill functioning, chronic pain, and death;
Occupant Initial: *
FURTHER ACKNOWLEDGES, AGREES and REPRESENTS that I UNDERSTAND that rock climbing is not supervised, and that the Operator Indemnitees take no responsibility for teaching or training the Occupant how to rock climb, and that Occupant represents that they have the appropriate rock climbing skills and experience to participate in any rock climbing at Bison Lodge. Further, there are additional risks of personal injury, death, or property loss inherent with rock climbing, which risks include, but are not limited to, negligence of other participants or staff, strangulation, rope burns, loss of fingers, spinal cord injury, paralysis, concussion, brain injury, lacerations, fractures, and loss of consciousness, which is why the Client must possess rock climbing skill and experience in order to participate on the rock climbing wall, while assuming all risks inherent with rock climbing;
Occupant Initial: *
FURTHER ACKNOWLEDGES, AGREES and REPRESENTS that I UNDERSTAND that consuming or being under the influence of illegal narcotics is absolutely prohibited at Bison Lodge, and that consuming or being under the influence of prescription and non-prescription medication, alcohol, illegal narcotics, or cannabis while participating in any of the Bison Lodge Activities is prohibited and increases the likelihood of the risks, dangers, and injuries which are outlined in paragraphs two (2), three (3), and four (4) above;
Occupant Initial: *
FURTHER ACKNOWLEDGES, AGREES and REPRESENTS that I UNDERSTAND that my visit to the Bison Lodge may involve participation in dangerous and hazardous activities that may be arranged or recommended by the Operator Indemnitees, but do not take place at Bison Lodge, and may be facilitated, provided, or operated by third parties, including but not limited to heli/cat skiing, lift skiing, backcountry skiing, Nordic skiing, dogsledding, paragliding, snowmobiling, snow shoeing, mountain biking, hiking, golfing, white water rafting, zip lining, paddle boarding, kayaking, canoeing, fishing, coaster rides, and helicopter tours (collectively, the “Third Party Activities ”);
Occupant Initial: *
FURTHER ACKNOWLEDGES, AGREES and REPRESENTS that I UNDERSTAND that the Operator Indemnitees WILL NOT BE LIABLE FOR any loss, damage, expense or injury, including death, to the Occupant arising from participation in the Third Party Activities, whether or not the Operator Indemnitees assisted or recommended the third party providers. The Occupant further acknowledges that the Operator Indemnitees are not responsible for vetting any third party providers, and do not endorse or take responsibility for supervising any third party providers or any Third Party Activities ;
Occupant Initial: *
FURTHER ACKNOWLEDGES, AGREES and REPRESENTS that I UNDERSTAND that the Bison Lodge, the Amenities, the Bison Lodge Activities, and the Third Party Activities are located in a remote area which can be difficult to access for emergency services and medical personnel. This could increase the response time for emergencies, which in turn could increase the likelihood of or exacerbate the risks, dangers, and injuries which are outlined in paragraphs two (2), three (3), four (4) and six (6) above (collectively, the “Hazardous Activities ”);
Occupant Initial: *
ACCEPTS and VOLUNTARILY ASSUMES ALL RISKS, DANGERS AND HAZARDOUS, KNOWN OR UNKNOWN , caused by any means whatsoever; including, but not limited to participation in the Hazardous Activities; the negligence of other participants, third parties or guides; the negligence of the Operator Indemnitees, their present or future directors, officers, shareholders, representatives, agents, employees, contractors, affiliates, associates, franchises, joint venturers, subsidiaries (collectively , the “Released Parties ”), including the failure on their part to take reasonable steps to safeguard, warn or protect me from the risks, hazards and dangers of participating in any activity covered by this agreement, including but not limited to the Hazardous Activities, or in any way otherwise related to the Occupant’s attendance at Bison Lodge;
Occupant Initial: *
In consideration of the Operator Indemnitees agreeing to my attendance at Bison Lodge, my participation in any of the Hazardous Activities, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I HEREBY AGREE TO WAIVE ANY AND ALL CLAIMS that I have or may have against the Released Parties, AND TO RELEASE THE RELEASED PARTIES , for myself and my representatives, dependents, permitted assigns, heirs, executors, assigns, administrators, and next of kin, from any and all liability for any loss, damage, expense or injury, including death, that I may suffer or that my next of kin may suffer, as a result of or in any way related to my attendance at Bison Lodge or participation in any of the Hazardous Activities, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT , R.S.B.C. 1996, C. 337, ON THE PART OF THE RELEASED PARTIES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASED PARTIES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ACTIVITIES REFERRED TO ABOVE;
Occupant Initial: *
FURTHER AGREES that if, notwithstanding my execution of this Agreement, I, or anyone on my behalf, make(s) a claim against any of the Released Parties, I WILL INDEMNIFY, SAVE AND HOLD HARMLESS each of the Released Parties from any indemnity, litigation expenses, fees, loss, liability, damage or costs, which any of the Released Parties may incur as a result of such claim;
Occupant Initial: *
ACKNOWLEDGES that I have been informed of my right to obtain INDEPENDENT LEGAL ADVICE prior to signing this Agreement as I am GIVING UP IMPORTANT LEGAL RIGHTS as a result of accepting the terms and conditions of this Agreement in exchange for being permitted access to and use of Bison Lodge and the Amenities. I FURTHER ACKNOWLEDGE that by signing this Agreement I have either obtained independent legal advice or have WAIVED the right to obtain such independent legal advice and proceed fully understanding that I am GIVING UP THE LEGAL RIGHT TO SUE, even in the event of negligence or breach of contract on the part of any of the Released Parties , and any rights my dependents, heirs, assigns or beneficiaries may have to sue the Released Parties, resulting from injury to my person or my death;
Occupant Initial: *
WARRANTS that I have considered the purchase of third-party medical and travel insurance for the purpose of insuring the risks assumed herein or otherwise, and that: (i) I am in good health and of proper physical fitness and capacity to enable participation in any of the Hazardous Activities, and (ii) If, at any time, I believe that any conditions or equipment used during participation in any of the Hazardous Activities is unsafe, or if I am requested by any representative of the Operator Indemnitees to discontinue participation, I will immediately discontinue participation in the Hazardous Activities, as applicable;
Occupant Initial: *
ACKNOWLEDGES and AGREES that my safety and the safety of any minor (under the age of 18) under my care remains my SOLE RESPONSIBILITY, and I WARRANT AND COVENANT that I WILL NOT LEAVE A MINOR under my care unattended at any time, and that I WILL ENSURE THAT ANY MINOR under my care who participates in any of the Hazardous Activities, does so in a careful, prudent, and responsible manner;
Occupant Initial: *
ACKNOWLEDGES THAT I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS AND CONDITIONS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL LEGAL RIGHTS BY ACCEPTING THE TERMS OF THIS AGREEMENT, INCLUDING THE RIGHT TO SUE , ACCEPTED IT FREELY AND WITHOUT ANY INFLUENCE, INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID, THE BALANCE NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.
Occupant Initial: *