Bison Lodge
Terms and Conditions of Use

THIS BISON LODGE TERMS AND CONDITIONS OF USE AGREEMENT (the “Conditions of Use Agreement”) forms a critical part of the Rental Agreement made between:

BISON LODGE LTD. (hereinafter referred to as the “Operator”)

-and-

the Client (as such term is defined in the Booking Agreement described below)

WHEREAS:

1. The Operator is the operator of Bison Lodge (the “Lodge”) located at the property municipally known as 2080 Mackenzie Court, #3, Revelstoke, British Columbia, Canada (the Lodge and the property being hereinafter referred to collectively as the “Property”);
2. The Operator is offering the Property as vacation rental accommodation to the Client during the Rental Period (as such term is defined below), subject to and in accordance with the terms and conditions set out in this Conditions of Use Agreement; and
3. The Booking Agreement, made between the Operator and the Client regarding the Lodge, a copy of which has been understood and agreed to by the Client (the “Booking Agreement”), forms a critical part of this Conditions of Use Agreement. This Conditions of Use Agreement and the Booking Agreement, shall hereinafter collectively be referred to as the “Rental Agreement”.

1. RENTAL PERIOD AND RENTAL FEE

1. The term during which you and the Occupants (as such term is defined in the Booking Agreement) shall be entitled to occupy the Property, subject to and in accordance with the terms and conditions set out below for the duration of the Rental Period, as such term is defined in the Booking Agreement.
2. In consideration for the use of the Property during the Rental Period, you shall pay the Operators the Rental Fee as specified in the Booking Agreement.

2. OCCUPANTS

1. During the Rental Period, the only persons permitted to occupy the Property are those individuals listed in Schedule “A” of the Booking Agreement (individually, each is an “Occupant” and collectively, the “Occupants”).
2. The Client (i) agrees to observe, perform, abide and be bound by the terms and conditions of this Conditions of Use Agreement and the Booking Agreement and (ii) guarantees that that all Occupants and Client Guests (as such term is defined below) shall observe, perform and abide by the terms and conditions of this Conditions of Use Agreement, including without limitation, the Lodge Rules (as defined below) and in the Booking Agreement. The Client shall provide each and every Occupant with a copy of the Rental Agreement in advance of the Rental Period and that each and every Occupant is made aware and agrees to the terms and conditions contained in the Rental Agreement.
3. In addition to the terms and conditions contained herein, the Operator shall be entitled, from time to time, to adopt and promulgate rules and regulations with respect to the use of the Property (the “Lodge Rules”). The Lodge Rules form a part of the Rental Agreement as if they are embodied herein and the Client and all Occupants shall observe, perform and abide by the Lodge Rules. The Operator reserves the right from time to time to amend or supplement the Lodge Rules applicable to Property as in the Operator’s judgment, acting reasonably, are from time to time needed for the safety, care, cleanliness and efficient operation of the Property. Notice of the Lodge Rules and amendments and supplements, if any, will be given to the Client, and the Client and the Occupants and all Client Guests will thereupon comply with and observe them provided that they do not contradict any terms and conditions of the Rental Agreement. The Operator is not under any obligation to enforce the Lodge Rules as between Occupants and/or Client Guests and is not responsible if any party fails to observe them.
4. The Client and each and every Occupant shall on or before the commencement of the Rental Period deliver to the Operator a fully executed Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement for all Occupants in the form attached hereto as Schedule “A” (the “Waiver & Release”). In addition, any one or more Client Guests shall deliver to the Operator a fully executed Waiver & Release prior to entering upon the Property.

3. PAYMENT OF RENTAL FEE AND DAMAGE DEPOSIT

1. The Client shall pay to the Operator the Rental Fee as follows as specified in the Booking Agreement.
2. The Client shall make all payments provided for under the Booking Agreement to Bison Lodge Ltd. (the “Payee”)
3. Notwithstanding anything else contained in this Conditions of Use Agreement, this Conditions of Use Agreement shall not be binding on the Operator and the Client’s booking of the Lodge shall not be held, confirmed or honored until the Deposit is delivered to the Operator in accordance with the Booking Agreement.
4. Upon request by the Client, the Operator, its representatives, employees, officers, directors, shareholders contractors, consultants and/or agents (collectively, “Operator’s Representatives”) may make purchases on the Client’s behalf both before and during the Rental Period (a “Purchase Request”). The Operator shall determine, in its sole and absolute discretion, whether to fulfill any Purchase Request. In the event that the Operator agrees to fulfill a Purchase Request, the Client shall be solely responsible for all costs and expenses incurred by the Operator and/or Operator’s Representatives in connection therewith and shall pay such amounts to the Operator on demand and, in any event, prior to the end of the Rental Period. In addition, prior to the Operator and/or Operator’s Representatives fulfilling any Purchase Request, the Client shall provide the Operator and/or Operator’s Representatives with satisfactory credit card details and authorizations, in order to guarantee payment of the Purchase Request costs, or the Client shall, at the Operator’s sole option, provide a deposit or prepayment amount as may be required by the Operator in its sole discretion. In the event that the Client pays for the costs incurred in connection with a Purchase Request by wire transfer or ETF, and not by credit card, the Client shall be entitled to a 1.5% discount off such costs.
5. Payments made to third parties by the Operator or Operator’s Representatives on behalf of the Client, Occupants and/or Client Guests shall not make the Operator or Operator’s Representatives agents or partners of the Client, Occupants and/or Client Guests, nor do such payments make such third parties the sub-contractor of the Operator or Operator’s Representatives. The Client agrees to indemnify the Operator and the Operator’s Representatives and to hold them harmless in connection with all Purchase Requests.
6. The Operator retains the option, in its sole and absolute discretion, to require that the Client deliver additional deposit payments in advance of the Rental Period. Without limiting the foregoing, the Operator retains the option, in its sole and absolute discretion, to require at any time that the Client deliver a damage deposit (the “Damage Deposit”) to the Operator prior to the commencement of the Rental Period. The Damage Deposit shall be held by the Operator as security in connection with any and all amounts, charges, damages, losses, claims, actions, liabilities or other costs and expenses incurred by the Operator (i) in connection with the Rental Agreement; (ii) arising out of the use or occupancy of the Property by the Client, Client Guests and/or the Occupants, including, without limitation, any damage caused to the Property; and/or (iii) relating to any additional charges, fees or other amounts owing by the Client to the Operator, including, without limitation, outstanding Purchase Requests or charges payable in accordance with the Rental Agreement and/or the Lodge Rules (collectively, “Damage Claims”). In the event that any one or more Damage Claims arise and/or are caused by the Client, Client Guests and/or the Occupants, the dollar amount of the Damage Claims estimated by the Operator, acting reasonably, shall be deducted from the Damage Deposit and applied and paid to the Operator on account of such Damage Claims. The balance of the Damage Deposit, if any, shall be released to the Client following the expiry of the Rental Period, provided that in the event that any one or more Damage Claims arise during the Rental Period which are not capable of then being reasonably estimated, the Operator shall retain the Damage Deposit until such Damage Claims are fully and finally resolved and/or repaired, as the case may be, following which the Operator shall release any excess funds remaining from the Damage Deposit to the Client.
7. Without limiting the Section 3(e) above, the Operator’s current Damage Deposit policy is set out in Schedule “B” attached hereto (the “Damage Deposit Policy”). The Client agrees to abide by the Damage Deposit Policy and acknowledges that the Damage Deposit Policy is subject to change, at the Operator’s sole discretion, provided that said policy shall not expressly conflict with the terms and conditions of this Conditions of Use Agreement.
8. For greater certainty, the Operator may set-off any fees, charges, Damage Claims and/or other amounts owing to the Operator and/or Operator’s Representatives in connection with the Rental Agreement by applying the amounts received by the Operator as the Deposit, Damage Deposit and/or Rental Fee.

4. CHANGE OF RENTAL PERIOD BY YOU

1. If the Client wishes to change the Rental Period to alternate dates, the Client must provide the Operator with prior written notice describing the details of the proposed change (a “Rental Period Amendment Request”). Any change to the Rental Period shall require the Operator’s prior express written agreement, at the Operator’s sole and absolute discretion. The Operator shall have no obligation to agree to any Rental Period Amendment Request. If the Operator receives a Rental Period Amendment Request less than 90 days prior to the commencement of the Rental Period, or if a Rental Period Amendment Request proposes an amended Rental Period that is in a season other than the season of the existing Rental Period, you will be deemed to have cancelled your reservation of the Property, and the terms of Section 5 below shall apply.
2. The Client agrees to indemnify the Operator and hold it harmless for all reasonable costs and expenses that the Operator incurs in attempting to accommodate a Rental Period Amendment Request, whether or not the Operator agrees to such Rental Period Amendment Request.
3. In the event that the Operator, in its sole and absolute discretion, agrees in principal to the Rental Period Amendment Request, the Client shall execute such further documents and assurances as the Operator may request in order to give effect to the Rental Period Amendment Request, including, without limitation, the Operator’s form of amendment to the Rental Agreement. No Rental Period Amendment Request shall be effective unless and until same is expressly agreed to in writing by the Operator.

5. CANCELLATION OF RENTAL BY YOU

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:

6. CHANGE OF RENTAL PERIOD BY THE OPERATORS

1. The Operator may, at any time, unilaterally change the Rental Period to another period and/or to shorten the duration of the Rental Period (a “Rental Period Change”). The Operators shall use reasonable commercial efforts to provide the Client with prior notice of any Rental Period Change.
2. In the event of a Rental Period Change, the Client shall have the right to cancel the rental of the Property by providing the Operator with written notice of such cancellation within five (5) days of receiving notice of the Rental Period Change, and in the event of such cancellation within said five (5) day period, the Operator shall provide the Client with a full refund of the Rental Fee (excluding any insurance premiums already paid by the Operators). In the event that the Client does not provide the Operator with written notice of cancellation within said five (5) day period, then, in such case, the Rental Period shall be deemed to be amended in accordance with the Rental Period Change, the Client shall have no further option to cancel the rental, save and except in accordance with and subject to the terms of Section 5 above, and the Rental Agreement shall otherwise continue unamended and in full force and effect.

7. CANCELLATION OF RENTAL BY OPERATORS

1. In the event that the Client breaches any of the Client’s obligations under the Rental Agreement and/or in the event that the Client, Client Guests and/or the Occupants fail to observe, perform and abide by all of the terms and conditions of the Rental Agreement, including, without limitation, the Lodge Rules, the Operator may, at its sole option, immediately and any time, unilaterally terminate the Rental Agreement by delivering notice to the Client of same. In the event of such termination, the Client and Occupants shall immediately vacate the Property and, without prejudice to the Operator’s rights and remedies under the Rental Agreement, at law and in equity, the full Rental Fee shall immediately be irrevocably and absolutely forfeited by the Client to the Operator.

8. CLIENT RESPONSIBILITIES

1. The Client hereby agrees to guarantee compliance with the Rental Agreement and all Lodge Rules by all Occupants and Client Guests (as hereinafter defined). The Client hereby agrees to guarantee payment of any and all chargeable services and/or Purchase Requests that are at any time requested of the Operator or any Operator’s Representative by any of the Occupants and Client Guests.
2. The Client, the Occupants and Client Guests will treat the Property with care and respect, and will follow the Lodge Rules and all policies and guidelines set by the Operators and the Operators’ Representatives with respect to occupation and use of the Property. Behavior deemed unacceptable by the Operators, or any of the Operators’ Representatives, in their sole and absolute discretion, including, without limitation, vandalism or damage caused to the Property, aggression towards any member of staff, be it verbal or otherwise, use of any illegal substances in the Property, will result in the immediate termination of the rental of the Property in accordance with Section 7 above, and, in such case, notwithstanding any other provision of the Rental Agreement, the Client shall have no right to a refund of any of the Rental Fee, nor any right to compensation for any losses or expenses that the Client or any member of the Client’s group may have incurred as a result of such termination.
3. The Client shall obtain and keep in force throughout the Rental Period, liability insurance for property damage, bodily injury and personal injury, tenant's legal liability and non-owned automobile liability, as a result of bodily injury and personal injury suffered by the Client, the Occupant(s), the Client Guest(s) or other invitees(s) of any of them ("Invitees"), and/or damage to the Property, or the contents, fixtures, stock and equipment at the Lodge, and any personal property owned or rented by the Client, the Occupant(s), the Client Guest(s) or other Invitees or any of them. Such policies shall insure the use of the Property by the Client, the Occupant(s), the Client Guest(s) or other Invitees or any of them, including the activities and services provided by the Operator, and shall name the Operator and all Occupants as additional insureds, and be written on a comprehensive basis with limits of not less than Ten Million Dollars ($10,000,000) per occurrence for bodily injury to any one or more persons, or property damage of any kind, and shall contain a severability of interests clause and a waiver of subrogation clause. The Client shall provide the Operator with a certificate of insurance, establishing that the above-noted insurance is underwritten by the insurer(s) acceptable to the Operator before the commencement of the Rental Period.
4. The Client agrees that in the event of damage or destruction to the Property, or the contents, fixtures, stock and equipment at the Lodge, which are covered by insurance pursuant to Section 8(c), the Client shall direct to the Operator forthwith all insurance proceeds relating to the repair, restoration, remediation or replacement of the Property or the contents, fixtures, stock and equipment at the Lodge.
5. Without limiting anything else contained in the Rental Agreement, the Client agrees, and it is the Client’s responsibility, to:
   1. ensure that documents (including passports) of each Occupant and all members of the Client’s party are in proper order before travel. You acknowledge that the Operator and their representatives have no responsibility for any loss or inconvenience caused as a result of the Client’s failure to take reasonable care in this respect;
   2. make the group’s travel arrangements to an airport from where the Operator can reasonably arrange a resort transfer. Please inform the Operators of flight arrangements at least four weeks prior to departure, requesting any transfers;
   3. provide the Operator with written details of any specific requirements of all Occupants, in particular dietary requirements and allergies, by no later than 4 weeks prior to the Rental Period; and
   4. Complete in full and accurately the manifest (the “Manifest”), provided by the Operators, which shall set out details regarding all Occupants, no later than 4 weeks prior to the Rental Period. The Operator may not be able to provide for your specific requests unless notified in the Manifest.
6. The Client acknowledges that all exterior/outdoor activities at the Property must cease by 11:00 pm, unless otherwise arranged for in advance and expressly agreed to by the Operator in writing, in its sole and absolute discretion.
7. The Client and Occupants shall co-operate with the Operator and Operator’s Representatives and comply with the Operator’s and Operator’s Representatives’ requests with respect to the use and occupation of the Property and the Client shall comply with all laws, by-laws, regulations and orders relating to the Property.
8. The Client, Client Guests and Occupants shall not bring or permit to be brought or stored upon the Property any hazardous substance, contaminant or any substance which is regulated by any applicable environmental legislation.
9. If any insurance policy in respect to the Property is cancelled or threatened by the insurer to be cancelled, or the coverage reduced by the insurer by reason of the use and occupation of the Property by the Client, Client Guests and/or Occupants, the Operator may, at its option, terminate the Rental Agreement in accordance with Section 7 above.

9. OPERATOR’S RESPONSIBILITIES

1. The information contained in the Operators’ promotional material concerning the Property, including, without limitation, the information contained at the website www.revelstokebisonlodge.com” and all images, floor plans and services descriptions (collectively, the “Promotional Information”) is believed by the Operator to be accurate at the time of publication and is intended to give a general impression only. Notwithstanding the foregoing, the Operator makes no representation or warranty with respect to the Promotional Information and the Operator reserves the right to make any changes to the Promotional Information at any time in its sole and absolute discretion.
2. The Operator has no responsibilities to the Client except as otherwise expressly set out in the Rental Agreement. The Operator makes no representations or warranties other than as otherwise expressly set out in the Rental Agreement.
3. You acknowledge that the Operator and the Operator’s Representatives have no responsibility for the Client or any member of the Client’s group missing flights for any reason or mislaying or destroying travel documents, and no credit or refund will be given if you fail to take up any component of the permitted use of the Property as a result.
4. The Client acknowledges that the Operator and the Operator’s Representatives are not responsible for any flight or travel delays experienced by the Client or any Occupants or members of the Client’s group.

10. LIABILITY AND INDEMNITY

1. Notwithstanding any other term, condition or covenant in the Rental Agreement, the Client agrees and undertakes to indemnify and save harmless the Operator [Bison Lodge Ltd., including its joint ventures, parent companies and subsidiaries, and their respective employees, officers, directors, shareholders, insurers, contractors, consultants and agents (collectively, the “Operator Indemnitees”)] from and against any and all loss or damage, including all claims, actions, causes of action, damages, costs, liability, expenses, disbursements, interest, legal fees and taxes, where arising from death, bodily injury, mental deficit, anxiety, depression and damage to property (including personal property and rented vehicles), suffered or incurred by the Client, the Occupant(s), the Client Guest(s) or other Invitees or any of them, in connection with or arising out of the Rental Agreement, including, without limitation, the use, occupancy and rental of the Lodge and other facilities and services at the Lodge (including the services provided by the Operator in connection with the Rental Agreement). The foregoing obligation to indemnify on the part of the Client shall include any and all losses and damages arising out of or in connection with any act or omission of the Client, the Occupant(s), the Client Guest(s) or other Invitees or any of them, for whom the Client has voluntarily acknowledged and accepted responsibility for by execution of the Rental Agreement.
2. Notwithstanding any other term, condition or covenant in the Rental Agreement, the Client agrees and undertakes to indemnify and save harmless the Operator Indemnitees from and against any and all loss or property damage, including all damages, costs, expenses, remediation, repairs, replacement, interest, legal fees and taxes, in any way suffered or incurred, whether directly or indirectly, by the Operator Indemnitees for damage to the Property, or the contents, fixtures, stock and equipment at the Lodge, arising from the conduct Client, the Occupant(s), the Client Guest(s) or other Invitees or any of them, in connection with the Rental Agreement and/or the use, occupancy and rental of the Lodge. The foregoing obligation to indemnify on the part of the Client shall include any and all losses and damages arising out of or in connection with any act or omission of the Client, the Occupant(s), the Client Guest(s) or other Invitees or any of them, for whom the Client has voluntarily acknowledged and accepted responsibility for by execution of the Rental Agreement. All personal property of the Client, the Occupant(s), the Client Guest(s) or other Invitees or any of them, kept or stored on the Premises shall be so kept or stored at their own risk and they shall indemnify the Operator Indemnitees and save them harmless from any claims arising out of any damage to the same including, without limitation, any subrogation claims by their insurers.
3. If the Operator Indemnitees are made party to any action, claim, arbitration, hearing, or litigation (hereinafter referred to collectively as “Legal Action”) commenced by or against the Client, Occupant(s), Client Guest(s) or Invitee(s), then the Client will indemnify and save harmless the Operator Indemnitees, and the Client will pay any settlement, judgement, order, costs, expenses, disbursements, interest, legal fees and taxes, incurred or paid by the Operator Indemnitees in connection with any Legal Action.
4. The Client further acknowledges and agrees to pay all costs, expenses disbursements, interest, legal fees (on a solicitor-client basis) and taxes incurred or paid by the Operator Indemnitees to enforce the terms, conditions and covenants of the Rental Agreement.
5. Notwithstanding any other term, condition, or covenant in the Rental Agreement, the Client acknowledges and agrees that the Operator Indemnitees will not be liable for any damages, losses, expenses or injury whatsoever related to or in connection with the use of the Property, or loss of use or enjoyment of the Property for any reason, including services provided by the Operator Indemnitees; and, in any event, the Operator Indemnitees’ maximum aggregate liability for all damages, losses, costs, expenses, disbursements, interest, legal fees and taxes, whether in contract, tort, statute or otherwise, shall not in any case exceed the Rental Fee described in the Rental Agreement.
6. Notwithstanding any other term, condition or covenant in this Conditions of Use Agreement, the Client acknowledges and agrees that the Operator Indemnitees will not be liable for any loss, property damage or personal injury to the Client, Occupant(s), Client Guest(s) or Invitee(s), arising from any services or activities provided by third-parties; and, further the Client acknowledges and agrees that the Operator Indemnitees are not responsible for vetting any third-party providers, and do not endorse or have responsibility for supervising any third-party providers.
7. The Client acknowledges and agrees that the Client is renting the Property on an "as is, where is" basis, and that the Operator Indemnitees have no responsibility or liability with respect to any latent defects or deficiencies therein, or non-compliance with applicable laws and building codes, including, without limitation, applicable environmental legislation.
8. Notwithstanding any other term, condition or covenant in the Rental Agreement, the Client undertakes to ensure that all Occupant(s) and Client Guest(s) have read and executed the Waiver and Release.
9. Without limitation to Sections 10(a)-(b), the Client agrees to indemnify and save harmless the Operator Indemnitees from any and all Legal Action, as a result of the Rental Agreement, including the use and enjoyment of the Property, amenities, and services (including alcohol service), provided by the Operator Indemnitees, and any third-parties, which is alleged to have been caused or contributed to by the Operator Indemnitees, including any negligence or breach of contract on the part of the Operator Indemnitees.
10. The Client, Occupant(s), Client Guest(s), or Invitee(s), shall look solely to their respective insurers to satisfy and claim which may arise on account of death, injury, loss or damage, and loss or damage to personal property, irrespective of the cause.

11. ANY PROBLEMS

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.

12. SKIING

1. It is solely the responsibility of the Client, the Occupants, Client Guests and all members of the group to judge the suitability of each area in which to ski. If the Client or any member of the Client’s group skis in a location on the recommendation of or are accompanied by any Operator’s Representatives, neither the Operator nor any of the Operator’s Representatives will be liable for any injuries howsoever caused.

13. FACILITIES

1. Check in time for the Property is 4:00 p.m. (Pacific Standard Time) and check out is 11:00 a.m. (Pacific Standard Time). Earlier access may be allowed if the Property is not occupied the previous week.
2. Use of the Property facilities by the Client, the Occupants and the Client’s Guests are entirely at the Client’s own risk and the Operator and Operator’s Representatives shall have no responsibility, and are hereby released, in connection with any accidents or injuries arising while using these facilities.
3. The Client assumes all responsibility for ensuring, and shall ensure, that children are properly supervised whilst using all facilities at the Property, including, but not limited to, the rock climbing wall, the jacuzzi, and exercise equipment. Please note that the jacuzzi is unsupervised by our staff and will be closed between the hours of 10:00 p.m. (Pacific Standard Time) and 7.00 a.m. (Pacific Standard Time). The Operator reserves the right to close the spa area to conduct cleaning and safety and chemical checks. Should the Client wish to use the facilities the Client does so at the Client’s own risk and the Operator reserves the right to refuse access at any time at their sole and absolute discretion.
4. In the event that any facilities at the Property are closed or otherwise unavailable for use during the Rental Period, the Operator shall have no liability to the Client therfor and the Client shall not be entitled to any reduction of the Rental Fee.
5. The Property is non-smoking.

14. SERVICE AND ITEMS INCLUDED IN YOUR STAY

1. The Client will have exclusive use of the Property and staff during the Rental Period. Staff will arrive at the Property to prepare breakfast and will leave the property following completion of evening service. There will be periods during the day when staff are completely absent from the Property.
2. Typically, breakfast is served between the hours of 7 and 10am daily, après ski or afternoon appetizers between 4 and 5 pm and dinner service is at 7pm nightly. However, the lodge staff would be pleased to accommodate the Client’s preferred times for meals wherever possible. Catering will not be provided outside of these times. For the avoidance of doubt, lunch and room service are not provided by the operators. If the Client decides a meal on any given day is not required because they choose to eat elsewhere, the Client will give adequate notice to the Staff.
3. Subject to the terms of the Operator’s alcohol license, a selection of wines, spirits and soft drinks are available on a complimentary basis in certain parts of the Property. Wines chosen from the wine cellar are an additional charge and will be added to the Client’s final bill. The Operators reserve the right to refuse the service of alcohol to the Client, his party or the Client’s Guests at its absolute discretion. It is the Client’s responsibility to ensure that children or anyone underage does not consume alcohol at the Property.
4. Housekeeping will attend to rooms beginning at 9:00 a.m. every day. Bedroom linen is changed once per week. Laundry service is available upon request.
5. Additional concierge services outside of the hours of 7:00 a.m. to 10:00 p.m. will be incurred at a charge of $150 per hour with a minimum charge of one hour.

15. CLIENT’S GUESTS

1. The Operator and Operator’s Representatives reserve the right to refuse access to the Property to any individual in the event that (a) such individual is not an Occupant and is not clearly named on the Manifest and/or (b) such individual fails to abide and comply with the terms and conditions of the Rental Agreement and/or the Lodge Rules.
2. Any individual(s) invited or permitted to enter the Property by the Client or any Occupant, save and except for the Occupants, shall be referred to as a “Client Guest(s)”.
3. The Client acknowledges that it is solely responsible for the Client Guest(s) and their actions, and the Client hereby agrees to indemnify and hold harmless the Operator for any acts or omissions of the Client Guest(s), as well as any injuries, losses or damages to the Client Guest(s) at or on the Property or in connection therewith.
4. The Operator reserves the right to charge a fee for any hospitality services provided to any of the Client Guests, including but not limited to the provision of accommodation and catering.

16. FORCE MAJEURE

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.

17. GENERAL

1. All notices or correspondence delivered in connection with the Rental Agreement must be delivered by e-mail and sent to the addresses listed in the Booking Agreement, unless the Operator notifies the Client of an alternate delivery method and/or address.
2. Headings within the Booking Agreement and this Conditions of Use Agreement are for convenience of reference only and shall not affect the meaning hereof, and words in the singular include the plural and vice versa.
3. Each obligation or agreement expressed in the Rental Agreement and this Conditions of Use Agreement, even though not expressed as a covenant, is considered to be a covenant for all purposes.
4. If any provision of the Rental Agreement is illegal, unenforceable or invalid, it shall be considered separate and severable and all the remainder of the Rental Agreement shall remain in full force and effect as though such provision had not been included in the Rental Agreement but such provision shall nonetheless continue to be enforceable to the extent permitted by law.
5. The Rental Agreement and the Schedules and Appendices attached hereto, together with the Lodge Rules, set forth all covenants, promises, agreements, conditions and understandings between the Operator and the Client concerning the Property and the rental thereof, and supersedes any and all previous oral or written communications among the parties, and the parties hereto hereby agree that there are no other covenants, promises, agreements, conditions or understandings, either oral or written, between them. No alteration or amendment to the Rental Agreement will be binding upon the Operator or the Client unless in writing and signed by the Operator and the Client.
6. All rights and liabilities under the Rental Agreement extend to and bind heirs, executors, administrators, successors and assigns of the Operator and the Client, as the case may be.
7. The Rental Agreement will be governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein without regard for principles of conflicts of laws. The parties hereby submit to the non-exclusive jurisdiction of the courts of British Columbia in respect of any legal action commenced in respect of the Rental Agreement.
8. The waiver by either party of any breach of the other is not deemed to be a waiver of any subsequent breach of the same or of any other term, covenant or condition. The subsequent acceptance of Rental Fee by the Operator is not deemed to be a waiver of any preceding breach by the Client regardless of the Operator’s knowledge of the preceding breach at the time of acceptance of the Rental Fee. No term, covenant or condition of the Rental Agreement is deemed to have been waived by the other party unless the waiver is in writing.
9. All of the Rental Fee to be paid by the Client to the Operator to the Landlord will be paid without any deduction, abatement, set-off or compensation whatsoever, and the Client hereby waives the benefit of any statutory or other rights in respect of abatement, set-off or compensation in its favour at the time hereof or at any future time.
10. The Client’s obligation to observe and perform its covenants and agreements under the Rental Agreement will survive the expiration of the Rental Period or earlier termination of the Rental Agreement.
11. Each party will from time to time at the reasonable request of any other party hereto execute and deliver such instruments and take such further action as may be required to accomplish the purposes of the Rental Agreement.
12. The Booking Agreement and the Conditions of Use Agreement may each be executed in one or more counterparts and/or accepted electronically, each of which will be deemed an original, shall be fully binding on the parties, and all of which together will constitute one and the same agreement. Electronically transmitted copies of signatures shall for all purposes be treated as original signatures.

SCHEDULE "A"
Waiver & Release

RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT FOR ALL OCCUPANTS

(the "Agreement")

BETWEEN

The Undersigned (the "Occupant")

and

Bison Lodge Ltd. (the “Operator Indemnitees”)

In contemplation of the duration of Occupant’s visit to the Revelstoke Bison Lodge, located at 2080 Mackenzie Ct #3, Revelstoke, BC V0E 2S1 (“Bison Lodge”)

TERMS AND CONDITIONS

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:

1. 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”);

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2. 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;

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3. 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;

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4. 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;

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5. 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;

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6. 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”);

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7. 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 ;

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8. 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”);

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9. 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;

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10. 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;

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11. 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;

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12. 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;

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13. 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;

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14. 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;

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15. 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.

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SCHEDULE "B"
Damage Deposit Policy

• Standard Damage Deposit: $5,000.00 delivered to the Operator by pre-authorized credit card payment.

• Late Check Out Fee: $150.00 per hour

• Missing Items and Facility Damage: All repairs and replacements shall be valued at cost, plus an additional administrative fee of 15% of cost and/or $75.00 per hour for time spent by the Operator and/or Lodge staff.

• Additional Unregistered Guest: $500.00 per day, per person. However, the Operator reserves the right to refuse accommodation to unregistered guests which are not set out in the list of Occupants attached to the Rental Agreement.

• Additional Concierge Services: Outside of the hours of 7:00am to 10:00pm, concierge services will be incurred at a charge of $150.00 per hour with a minimum charge of one hour.

Signature of Occupant ^*
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AGREEMENT IN FULL FORCE AND EFFECT FOR THE ENTIRETY OF VISIT TO BISON LODGE

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Signature of Parent/Legal Guardian
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AGREEMENT IN FULL FORCE AND EFFECT FOR THE ENTIRETY OF VISIT TO BISON LODGE