THIS VACATION RENTAL AGREEMENT (this “Agreement”) is made by and between LAKOTA, LLC, dba Big Sky Luxury Vacations (“Property Manager”) and the above designated guest (“Occupant”). It is the responsibility of Occupant to be familiar with all terms and conditions contained in this Agreement. Occupant’s occupancy of the Rental Property (as hereinafter defined) shall be in the form of a vacation rental only and shall not constitute a permanent or primary residence or other form of tenancy.

WITNESSETH:

That in consideration of the mutual covenants contained herein, Property Manager and Occupant hereby agree as follows:

1) Rental Property. Property Manager hereby rents to Occupant, and Occupant hereby rents from Property Manager, the Rental Property, subject to the terms and conditions of this Agreement. As used herein, “Rental Property” shall mean all or such portion actually occupied by Occupant of that certain real property designated above.

2) Term; Check-In; Check-Out. Occupant’s occupancy of the Rental Property shall be from 4:00 p.m. on arrival date (“Check-In”) until 10:00 a.m. on departure date (“Check- Out”) (such period of time between Check-In and Check-Out is hereinafter referred to as the “Occupancy Term”). Occupant may not enter or otherwise have access to the Rental Property prior to Check-In. Occupant shall promptly and peacefully vacate and surrender the Rental Property at or prior to Check-Out. Occupant hereby acknowledges that it is likely that another occupant will be scheduled to occupy the Rental Property the same day Occupant is scheduled to Check-Out and that the Rental Property will need to be cleaned prior to such occupancy. As such, the failure of Occupant to vacate and surrender the Rental Property promptly at or prior to Check-Out will result in a fee of up to half the applicable nightly rate.  Property Manager shall not be responsible for any items or personal property belonging to occupant or Occupant’s Guests (as hereinafter defined) left at the Rental Property subsequent to Check-Out.

3) Advance Payment. On the Date of Booking, Occupant shall pay to Property Manager an advance payment equal to fifty percent (50%) of the Total Rental Cost due hereunder (the “Advance Payment”), such Advance Payment to be applicable to the Total Rental Cost. The Advance Payment is not a damage deposit. Occupant’s credit card will be charged for the balance of the Total Rental Cost due hereunder ninety (90) days prior to Check-In. The Total Rental Cost and all other charges due pursuant to this Agreement shall be paid by Occupant by credit card.  IF THE OCCUPANT BOOKS THE PROPERTY THROUGH A THIRD PARTY WEB HOSTING, THE PAYMENT POLICY REVERTS TO THE THIRD PARTY WEB HOSTING'S PAYMENT POLICY.

4) Security Deposit & Rental Damage Protection. Occupant shall be required to purchase the $99 rental damage protection plan included at checkout at time of reservation. If applicable to the Rental Property, Occupant shall pay the Deposit to Property Manager upon the second payment. The Deposit is not applicable toward the Total Rental Cost. In the event that Occupant does not pay the Deposit within the time period required herein, Occupant hereby authorizes Property Manager to charge Occupant’s credit card for such Deposit. If the security deposit is not received, the occupant will not have the right to enter the property. In the event the Occupant is hosting a Special Event, the Occupant is required to inform the Property Manager and pay an additional security deposit, as seen in the Special Events Rider Agreement referenced in Section 6(c). In addition to such Deposit that is due from the Occupant, the Occupant may elect to opt into additional Rental Property Damage Protection Insurance.

a) Alpine Peak Lodge. In the event that Occupant is occupying Alpine Peak Lodge, then, notwithstanding anything to the contrary contained in Section 4 (a) above, a Security Deposit in the amount of $5,000.00 (the “Deposit”) shall be due. In the event the Occupant is hosting a Special Event, the Occupant is required to inform the Property Manager and pay an additional security deposit.

5) Damage. Except as expressly provided otherwise herein, Occupant shall be responsible for any and all damage to the interior or exterior of the Rental Property and its surrounding area and lot, including any and all fixtures, appliances, furnishings, equipment, mechanical, plumbing, or electrical systems, the landscaping, foliage, driveway, and any extra/recreational amenities (such as any pool, spa, sauna, hot tub, fitness equipment, mountain bike, snow shoes, or other recreational amenities or equipment) contained therein or thereon (“FF&E”) that occurs during the Occupancy Term and caused by Occupant or an Occupant Guest. Occupant expressly agrees that no outdoor furniture shall be brought indoors under any circumstances. Any violation of this provision shall constitute a breach of this Agreement and may result in the forfeiture, in whole or in part, of Occupant's security deposit at the sole discretion of the Property Manager. Occupant hereby acknowledges that Property Manager and/or an employee, agent, or other representative of Property Manager (“Property Manager’s Agents”) thoroughly inspect and clean the Rental Property between occupancies. As such, any damage which did not exist prior to Check-In and discovered subsequent to Check-Out, and which were not reported by Occupant within twenty-four (24) hours of Check-In as provided in Section 7, shall be deemed to have been caused by Occupant and Occupant shall be solely liable therefor. Property Manager may retain all or any portion of the Deposit to the extent necessary to repair, replace, or clean any damage or other condition which occurred during the Occupancy Term. Property Manager will refund the portion of the Deposit not retained by Property Manager, if any, within thirty (30) days of Check-Out. In the event the cost of necessary repair, replacement, or cleaning exceeds the amount of the Deposit, Occupant hereby authorizes Property Manager to charge Occupant’s credit card for such deficiency.

6) Use.
a) The maximum number of overnight guests allowed at the Rental Property may not exceed the maximum occupancy allowed in the Rental Property. Occupancy of the Rental Property in excess of the maximum occupancy allowed, or the misrepresentation of the number of guests occupying the Rental Property, may result in immediate termination of this Agreement and the forfeiture of any refund of the Total Rental Cost or the Deposit. Occupant shall be responsible for causing each person occupying, using, or otherwise present in or at the Rental Property during the Occupancy Term (all such persons, “Occupant’s Guests”) to abide by the terms and conditions contained in this Agreement throughout the Occupancy Term. Occupant may not exceed the maximum number of vehicle spaces in the driveway. The Occupant may not have vehicles parked on the road and must comply with local ordinances.

b) Occupant and Occupant’s Guests shall, at all times during the Occupancy Term, observe and conform to all applicable laws, ordinances, codes, and regulations (including, but not limited to, regulations regarding fire hazards). Occupant and Occupant’s Guests shall not (i) behave in any manner or engage in any activity that is likely to disturb, annoy, endanger, or interfere with neighbors; (ii) engage in or permit any illegal activity in, on or about the Rental Property; or (iii) commit waste or otherwise cause a nuisance in, on or about the Rental Property.

c) In the event Occupant desires to use the Rental Property to host any type of special event, such as, by way of example but not by limitation, a wedding, reunion, or corporate event, Occupant must notify Property Manager of such intention prior to Date of Booking or otherwise reserving the Rental Property. Any such event must be approved by Property Manager prior to the Date of Booking, which approval may be withheld in Property Manager’s sole and absolute discretion. Any and all such events shall be subject to the terms of the Special Events Rider (the “Rider”), which Rider is hereby incorporated herein by this reference. In the event that a copy of the Rider has not been provided to Occupant or is not attached to this Agreement, it is Occupant’s sole responsibility to request such Rider. For the avoidance of any doubt, the terms of the Rider shall be deemed incorporated herein by this reference, such that upon Occupant’s execution of this Agreement, such Rider shall be deemed agreed upon by, and enforceable against, Occupant, notwithstanding whether a copy of such Rider is attached hereto or whether Property Manager’s consent was properly secured for an Event pursuant to the terms hereof. Property Manager reserves the right to cancel Occupant’s reservation without refunding any portion any portion of any Advance Payment, Deposit, or other pre-payment if an Event is not properly disclosed to Property Manager or the information provided to Property Manager regarding such Event, including, but not limited to, guest count, is found to be inaccurate. 

OCCUPANT HEREBY ACKNOWLEDGES AND AGREES THAT ANY AND ALL EVENTS WILL REQUIRE PROPERTY MANAGER’S PRIOR WRITTEN APPROVAL AND OCCUPANT WILL BE BOUND BY AND SUBJECT TO THE TERMS OF THE RIDER IN CONNECTION WITH SUCH EVENT. THE RIDER HAS NOT BEEN PROVIDED TO OCCUPANT, OCCUPANT MUST REQUEST SUCH RIDER FROM PROPERTY MANAGER. 

7) Condition of Rental Property; Maintenance and Repairs.
a) Occupant hereby agrees that its occupancy of the Rental Property is at its own risk and on an AS-IS basis and, except as expressly provided herein, neither Property Manager nor Property Manager’s Agents have made any warranties or representations as to the condition, nature, character, or quality of the Rental Property. It shall be Occupant’s sole responsibility to inspect the Rental Property upon arrival and to notify Property Manager of any damage, hazards, or inadequate cleaning within twenty-four (24) hours of Check-In in order for Occupant to avoid liability therefore and for the prior Occupant to be held responsible. Occupant’s obligation to inspect the Rental Property upon arrival shall include, but shall not be limited to, ensuring all smoke detectors are in good and working condition and that the Rental Property is suitable for Occupant’s intended use.

b) Occupant shall at all times be responsible for the safety of Occupant and Occupant’s Guests during the Occupancy Term. Property Manager shall not be liable for any injury or damage to property belonging to Occupant or Occupant’s Guests. It shall be the sole obligation of Occupant to have such property insured and Property Manager strongly recommends that Occupant procures its personal property from loss. Property Manager and Property Manager’s Agents shall not be liable for any damage to persons or property from any acts, breakdowns, or deterioration of the Rental Property, nor shall Property Manager or Property Manager’s Agents be liable for any damage caused by others. Occupant hereby acknowledges and agrees that any failures of operation of any extra amenities which may be available at the Rental Property, including, but not limited to, televisions, cable, additional mobile or stationary cooling units, games, internet or Wi-Fi, grills, pool, spa, sauna, hot tub, fitness equipment, mountain bike, snow shoes, or other recreational amenities or equipment shall not result in a basis for any abatement or refund of the Rental Cost or the Deposit.

c) Occupant shall at all times throughout the Occupancy Term keep the Rental Property in good order and condition, reasonable wear and tear excepted and Occupant shall properly use, operate, and maintain all FF&E. Occupant shall immediately notify Property Manager of any necessary repair or replacement upon discovery of the same, and Occupant shall be responsible for the cost of any repair or replacement caused by the negligence or misuse of Occupant or Occupant’s Guests. There shall be no refunds given for inoperable appliances, faulty equipment, maintenance problems, or interruption of utilities.

d) Occupant hereby acknowledges that the Total Rental Cost includes a cleaning fee for a one-time cleaning of the Rental Property subsequent to Occupant’s departure at Check-Out. No cleaning service is provided during the Occupancy Term unless purchased at time of initial booking. Throughout the Occupancy Term, Occupant shall be responsible for typical every-day upkeep and cleaning of the Rental Property, which shall include, but is not limited to, (i) washing all dishes, pots, pans and other cooking supplies or utensils, (ii) removing and placing garbage in the property receptacles daily, (iii) maintaining the refrigerator in a clean and sanitary condition, and (iv) securing
all doors and windows when leaving the Rental Property. Upon departure at Check-Out, Occupant shall discard all perishables from the refrigerator and cabinets. Notwithstanding the foregoing and subject to availability, Occupant may request that the Rental Property be cleaned during the Occupancy Term for an additional fee.

8) Keys. Occupant will receive a key code to the Rental Property prior to Check-In. Under no circumstances may Occupant share the key code with anyone other than Occupant’s Guests. In the event Occupant receives a key, Property Manager shall have the right to charge Occupant One Hundred and 00/100 Dollars ($100.00) for each lost or misplaced key or for Occupant’s failure to surrender the key at Check-Out. In the event Occupant receives a key code, such code will be enabled upon Check-In and disabled upon Check-Out.

9) Holdover. Because of the nature of Property Manager’s business, Occupant expressly acknowledges and agrees that its failure to surrender the Rental Property at Check-Out could severely jeopardize Property Manager’s business and result in a substantial loss of income, a temporary/permanent loss of business, goodwill and reputation, as well as potentially cause Property Manager to breach an agreement with an anticipated guest, resulting in liability to such guest. As such, in the event Occupant fails to surrender the Rental Property at or prior to Check-Out, in addition to the Holdover Fee contemplated in Section 2 hereof and any other rights and remedies Property Manager may be entitled to at law or in equity, Property Manager may immediately repossess the Rental Property and remove all persons and property therefrom, and shall not be liable for any damages or injury resulting from such removal. Occupant hereby agrees to defend and hold Property Manager and Property Manager’s Agents harmless from any loss, costs, injuries or damages resulting from such removal and hereby waives any right it may have to any notice prior to such removal.

10) Cancellation. Occupant has the ability to cancel without penalty within first 48 hours from Date of Booking. After 48 hours from Date of Booking any cancellation notice given by Occupant shall result in Occupant’s forfeiture of 50% of Advance Payment. Any cancellation notice given by Occupant within ninety (90) days of the Check-In date shall result in the forfeiture of the entire Total Rental Cost. Property Manager shall have no obligation to secure a new occupant or re-book the Rental Property in the event of Occupant’s cancellation. Upon signing this agreement, the Occupant agrees that they will not be reimbursed for a cancellation of any kind and their mode of payment, including via Credit Card, will not be reimbursed. IF THE OCCUPANT BOOKS THE PROPERTY THROUGH A THIRD PARTY WEB HOSTING, THE CANCELLATION POLICY REVERTS TO THE THIRD PARTY WEB HOSTING'S CANCELLATION POLICY.

11) Access. Property Manager reserves the right to enter the Rental Property as Property Manager deems necessary or desirable for purposes such as effecting necessary inspections, repairs or maintenance. 

1. Execution of this Rental Agreement is a condition of occupancy. If the Rental Agreement is not signed and returned as required before the scheduled check-in date, the Property Owner and/or Property Manager reserve the right, in their sole discretion, to deny check-in, refuse access to the Property, and cancel the reservation. Any refund, if applicable, shall be governed by the cancellation policy and the terms of this Rental Agreement. 

2. Submission of a valid government-issued photo identification is a mandatory condition of occupancy. If a valid government-issued photo identification is not submitted as required before the scheduled check-in date, the Property Owner and/or Property Manager reserve the right, in their sole discretion, to deny check-in, refuse access to the Property, and cancel the reservation.

12) Liability; Indemnification.

a) In the event Property Manager is unable to deliver the Rental Property to Occupant in accordance with this Agreement because of casualty or a taking by eminent domain that renders the Rental Property uninhabitable in Property Manager’s sole discretion, Property Manager’s sole liability shall be the full refund of any consideration previously paid by Occupant pursuant to the terms of this Agreement. In no event shall Property Manager be liable for any consequential or secondary damages whatsoever.

b) Property Manager shall not be liable for, and Occupant shall not receive any refund or abatement whatsoever in connection with any circumstances beyond Property Manager’s control, including, but not limited to, mechanical failure (such as heating or air conditioning), unfavorable weather or acts of god or mandatory evacuations resulting therefrom, maintenance problems, area construction, early departure, or disruption of utility services.

c) Occupant hereby agrees to indemnify and hold Property Manager and Property Manager’s Agents harmless from and against any and all liabilities, claims, causes of action, damages, lawsuits, penalties, or other damages, together with any related costs and expenses, including, but not limited to, reasonable attorneys’ fees, asserted against or sustained by Property Manager or Property Manager’s Agents arising out of the use and/or occupancy of the Rental Property by Occupant or Occupant’s Guests or otherwise in connection with this Agreement, and Occupant shall defend Property Manager and Property Manager’s Agents from and against any claim alleging damages and/or personal injury that occurred during the Occupancy Term.

13) Quiet Enjoyment. Occupant shall not cause or allow any unreasonable activity, loud noise, or light that might disturb the rights, comforts, conveniences, quiet enjoyment or privacy of occupants of any property surrounding the Rental Property. Occupant hereby agrees and acknowledges that Property Manager is not responsible for the actions or behavior of the occupants of any property surrounding the Rental Property. The Occupant is responsible for complying with local noise ordinances.

14) Personal Property. Occupant hereby agrees and acknowledges that any insurance for property damage or loss that Property Manager may maintain does not cover the personal property of Occupant or Occupant’s Guests. All personal property of Occupant and Occupant’s Guests shall be the sole responsibility of Occupant and Property Manager shall not be responsible for any lost, stolen, damaged, or missing property belonging to Occupant or Occupant’s Guests or property left at the Rental Property subsequent to Check-Out.

15) Assignment and Subletting. Occupant may not assign this Agreement or sublet all or any portion of the Rental Property, or otherwise allow the Rental Property to be used by any person other than Occupant or Occupant’s Guests, without the prior written consent of Property Manager, which may be withheld in Property Manager’s sole discretion. Property Manager reserves the right to request identification from Occupant and Occupants Guests upon Check-In and throughout the Occupancy Term.

16) Non-Smoking/Vaping. There shall be absolutely no smoking or vaping permitted in the Rental Property or on the premise. Occupant shall be responsible for any and all costs or expenses incurred by Property Manager resulting from Occupant or Occupant’s Guests smoking or vaping in the Rental Property or on the premise during the Occupancy Term, including, but not limited to, replacing air ducts and shampooing carpets and/or furniture. Occupant acknowledges and agrees that smoking or vaping is strictly prohibited on the premises. Any violation of this policy shall result in a charge of up to $1,500, assessed by Property Manager in its sole discretion, to compensate for remediation, cleaning, deodorization, and any related damages or losses.

17) Extra Amenities. Occupant hereby expressly acknowledges and agrees that any use by Occupant or any of Occupant’s Guests of any extra amenity that may be present at the Rental Property, including, but not limited to, any pool, spa, sauna, hot tub, fitness equipment, mountain bike, snow shoes, or other recreational amenities or equipment, shall be at Occupant’s and Occupant’s Guests’ sole risk and that neither Property Manager nor Property Manager’s Agents have made any representations or warranties with respect thereto, including any representations or warranties with respect to the temperature, cleanliness or sanitation of any pool, spa, or hot tub. Occupant hereby expressly agrees to defend, indemnify and hold Property Manager and Property Manager’s Agents harmless from and against any and all liabilities, claims, causes of action, damages, lawsuits, penalties, or other damages, together with any related costs and expenses, including, but not limited to, reasonable attorneys’ fees, asserted against or sustained by Property Manager or Property Manager’s Agents arising out of the use of any such extra amenity by Occupant or Occupant’s Guests. Contemporaneously with the execution of this Agreement, Occupant shall execute the Waiver and Release of Liability attached hereto as Exhibit A.

1. Pool/Spa: No person under the age of eighteen (18) may use or be present in the swimming pool or pool area without the direct supervision of a responsible adult (18 years of age or older). The supervising adult must remain physically present in the pool area and be actively supervising the minor at all times. Parents, legal guardians, and supervising adults assume full responsibility for the safety, conduct, and supervision of all minors in their care. There is no lifeguard on duty at any time. Guests acknowledge that use of the swimming pool and surrounding pool area is entirely at their own risk and assume full responsibility for their own safety and the safety of all members of their party, including minors. The Property Owner and Property Manager shall not be liable for any injury, death, loss, or damage arising from the use of the pool or pool area, except to the extent such liability cannot be waived under applicable law. Guests agree to exercise reasonable care and to comply with all posted pool rules and safety requirements. 

2. Gym/Fitness Center: The fitness room is provided only for registered guests and is used entirely at the guest's own risk. Guests acknowledge that the fitness room contains exercise equipment, free weights, and other equipment that may present a risk of injury. No person under the age of eighteen (18) may use the fitness room unless directly supervised by a responsible adult (18 years of age or older). Guests are responsible for using all equipment in a safe and appropriate manner and should discontinue use immediately if they experience pain, dizziness, or any medical concern. The Property Owner and Property Manager shall not be liable for any injury, illness, death, loss, or damage arising from the use or misuse of the fitness room or its equipment, except to the extent such liability cannot be waived under applicable law. 

3. Air Conditioning: Guests acknowledge that the Property is not equipped with central air conditioning. Seasonal temperatures may vary, and indoor temperatures may fluctuate during periods of warm weather. At the discretion of the Property Owner or Property Manager, portable or mobile air conditioning units and/or fans may be provided when deemed necessary. The availability of such equipment is not guaranteed and shall not be considered a required amenity. The absence of central air conditioning or the unavailability of portable cooling equipment shall not constitute grounds for cancellation, a refund, or a reduction in the rental rate. 

18) Pets. Occupant may not bring or allow any pets in, on or about the Rental Property without the prior written consent of Property Manager. Pets are not permitted in any Rental Properties, with the exception of disclosed service animals in accordance with applicable laws. Occupant must notify a member of the Big Sky Luxury Vacations team in advance if bringing a service animal. Any unauthorized pets found in the Rental Property without prior approval from a member of the Big Sky Luxury Vacations team will result in a $1,500 fine per pet. Occupant will be responsible for any additional cleaning fees or damages caused by the presence of an unauthorized pet.

19) Security System. Occupant understands that Property Manager does not provide any security alarm system or other security for the Rental Property. In the event any security or other alarm system is provided, Occupant hereby expressly acknowledges that such alarm system is not warranted to be complete or adequate in any respect or otherwise sufficient to protect Occupant, Occupant’s Guests, or the Rental Property. Occupant hereby releases and agrees to defend and hold Property Manager and Property Manager’s Agents harmless from any loss, claim or injury resulting from the failure of any alarm system or security, or from the lack of any alarm system or security. Occupant shall secure and lock all doors to the Rental Property whenever Occupant or Occupant’s Guests are not present at the Rental Property. Occupant hereby expressly acknowledges that the Rental Property may have security cameras installed and used on the exterior of the Rental Property.

20) Bears, Bear Spray, and Wildlife. The Occupant must be educated on the threat of wildlife in the area and any preventative measures to keep others including but not limited to guests, the Property Manager, vendors, and any other parties, as well as the property safe from wild animals. Food and refuse shall not be left unattended outdoors. Doors and windows must remain closed and secure when not in use. Wildlife are not to be fed. Occupant is responsible for the use and proper disposal of bear spray. Bear spray may be harmful to humans if used improperly. Occupant is responsible if bear spray is released in the home and will be charged the cost for cleaning and mitigation. Property Manager is not responsible for any damage caused by wildlife to the Occupant’s personal property.

1. Bear Spray. Guests acknowledge that bear spray is a hazardous defensive product and agree to use it only in accordance with the manufacturer's instructions and applicable laws. Any use or possession of bear spray is entirely at the guest's own risk. The Property Owner and Property Manager shall not be liable for any injury, death, loss, or damage resulting from the possession, handling, discharge, misuse, or accidental discharge of bear spray, except to the extent such liability cannot be waived under applicable law. Guests are responsible for ensuring that bear spray is kept out of the reach of children and is not used for any purpose other than its intended emergency use. 

21) Construction and Severability. If any of the provisions of this Agreement, or the application thereof to any person or circumstances, shall, to any extent, be held invalid or unenforceable for any reason, the remainder of this Agreement, or the application of such provision or provisions to persons or circumstances other than those as to whom or which it is held invalid or unenforceable shall not be affected thereby, and every provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.

22) Governing Law. The Occupant must be compliant with state and local laws, including fire bans. This Agreement shall be governed in all respects by, and construed in accordance with, the laws of the State of Montana.

23) Binding Effect. The covenants and conditions contained in this Agreement shall apply to and bind the parties and the heirs, legal representatives, successors and permitted assigns of the parties.

24) Entire Agreement. This Agreement contains all of the understandings relating to the rental of the Rental Property and Property Manager’s obligations in connection therewith and neither Property Manager nor Property Manager’s Agents have made or is making, and Occupant in executing and delivering this Agreement is not relying upon, any warranties, representations, promises or statements whatsoever, except to the extent expressly set forth in this Agreement. All understandings and agreements, if any, heretofore between the parties are merged in with this Agreement, which alone fully and completely expresses the agreement of the parties. This Agreement may only be modified in writing and must be signed by both Property Manager and Occupant.

25) No Waiver. The failure of Property Manager to insist in any instance upon the strict keeping, observance or performance of any provision of this Agreement or to exercise any election in this Agreement shall not be construed as a waiver or relinquishment for the future of such provision, but the same shall continue and remain in full force and effect. No waiver or modification by Property Manager of any provision of this Agreement shall be deemed to have been made unless expressed in writing and signed by the party to be charged. The receipt and retention by Property Manager of the Total Rental Cost with knowledge of the breach of any provision of this Agreement shall not be deemed a waiver of such breach.

26) Cumulative Rights. Property Manager’s rights under this Agreement are cumulative and shall not be construed as exclusive of each other unless otherwise required by law.

27) Headings. The headings of the sections of this Agreement are for convenience only and are not to be considered in construing such sections.

28) Legal Fees. Occupant shall pay all costs, expenses and reasonable attorneys’ fees that may be incurred or paid by Property Manager in enforcing the terms and conditions of this Agreement.

29) Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which shall constitute one instrument. Signatures sent by facsimile or electronic mail shall be binding as originals.

30) Force Majeure. In no event shall Property Manager be responsible or liable for failure to perform any obligation due to unforeseen circumstances or causes beyond Property Manager’s control, including, but not limited to, acts of God, strikes, lock-outs, labor troubles, inability to procure materials, failure of power, governmental moratorium or other governmental action or inaction, injunction or court order, riots, insurrection, war, fire, earthquake, flood or other natural disaster, or pandemic situations, including, but not limited to, Covid-19 or other infectious disease, or any law, executive order, or similar action relating thereto, including any proclamation requiring physical distancing or limiting occupancy rates.

IN WITNESS WHEREOF, Property Manager and Occupant have executed this Agreement on the dates below and this Agreement shall be deemed effective on the Date of Booking first above written.

Exhibit A

WAIVER AND RELEASE OF LIABILITY
All capitalized terms used and not defined herein shall have the meanings ascribed to them in the Vacation Rental Agreement this Waiver and Release of Liability is annexed to.

As lawful consideration for Occupant and Occupant’s Guests being permitted by Property Manager to use any extra amenity provided at the Rental Property, including, but not limited to, any pool, spa, sauna, hot tub, fitness equipment, mountain bike, snow shoes, or other recreational amenities or equipment (the “Equipment”), Occupant agrees to all the terms and conditions set forth in this Waiver and Release of Liability (this “Waiver”).

OCCUPANT IS AWARE AND UNDERSTANDS THAT THE USE OF THE EQUIPMENT MAY BE DANGEROUS AND PRESENTS RISK OF SERIOUS INJURY AND/OR DEATH AND/OR
PROPERTY DAMAGE. OCCUPANT ACKNOWLEDGES THAT OCCUPANT AND OCCUPANT’S GUESTS ARE VOLUNTARILY USING THE EQUIPMENT WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREES TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DEATH, OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF PROPERTY MANAGER OR OTHERWISE.

Occupant hereby expressly waives and releases any and all claims, now known or hereafter known, against Property Manager and Property Manager’s Agents, and their successors and assigns (collectively, “Releasees”), arising out of or attributable to the use of the Equipment by Occupant or Occupant’s Guests, whether arising out of the negligence of any Releasee or otherwise. Occupant covenants not to make or bring any such claim against any Releasee, and forever releases and discharges all Releasees from liability under such claims.

Occupant shall defend, indemnify, and hold harmless the Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorney fees, fees and the costs of enforcing any right to indemnification under this Waiver, and the cost of pursuing any insurance providers, incurred by the indemnified party, arising out or resulting from any claim of an Occupant Guest related to the Equipment.
If any term or provision of this Waiver is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Waiver or invalidate or render unenforceable such term or provision in any other jurisdiction. This Waiver is binding on and shall inure to the benefit of Property Manager and Occupant and their respective successors and assigns. All matters arising out of or relating to this Waiver shall be governed by and construed in
accordance with the laws of the State of Montana without giving effect to any choice or conflict of law provision or rule.

BY BOOKING, OCCUPANT ACKNOWLEDGES THAT IT HAS READ AND UNDERSTOOD ALL OF THE TERMS OF THIS WAIVER AND THAT IT IS VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE PROPERTY MANAGER.