DATE CHANGES: In the event the Client is forced to change the date of the event, every effort will be made by Owner to transfer reservations and accommodate the new date. Client agrees that in the event of a date change any expenses, including but not limited to, deposits and fees that are non-refundable and non-transferable are the sole responsibility of the Client. The Client further understands that last minute changes can impact the quality of the event and that Owner is not responsible for these compromises in quality. CANCELLATIONS: In the event of a cancellation of an event, all payments made to date are non-refundable and all outstanding payments will be due immediately. We understand that sometimes it is necessary to change or cancel a reservation. All cancellations or reservation changes must be made in writing by Client to Owner. Client is responsible for verifying Owner has received their cancellation letter. We cannot refund any advance payment for a canceled reservation unless the venue is re-rented for the entire period. We will make every effort to re-book the venue, however, if it is not re-booked, you forfeit all monies paid. If a cancellation is successfully re-rented, all of the rent, taxes, and damage/security deposit will be refunded, less a $100 cancellation fee. UNFORESEEN EVENTS: Client shall not hold Owner responsible for failure to provide the basic facilities and services due to fire, casualty, acts of God, tornadoes, flood, earthquake, acts of war, strikes, national emergency, labor disputes, intervention of government authority, utility interruptions, pandemic or illness (including, but not limited to, COVID-19) or other cause beyond the control of the Owner. If such an event were to occur preventing the retreat from taking place as scheduled, Owner will allow for the retreat to be rescheduled, pending availability, with no penalty. Last-minute cancellations for outdoor sites due to inclement weather will NOT be considered for refunds. LIABILITY INSURANCE: Client shall provide proof of general liability insurance naming The Cottonwood Resort as an additional insured for the dates as stated in this contract for the event with a minimum of $1,000,000 liability and $300,000 premises limit within two weeks of full execution of this agreement. GENERAL CONDITIONS: Client shall be responsible for conducting the event including, but not limited to, scheduling, advertising, reservations, as well as all labor, materials, and expenses required to conduct the scheduled event unless otherwise stated in this agreement. Owner may post the event on social media and The Cottonwood Resort website unless otherwise stated by Client in writing. Client agrees to keep and leave the space in as good of condition at the end of the term as it was in the beginning. Client shall provide Owner with a complete list of guests staying at the Lodge at The Cottonwood Resort, to include the following information: Complete Name (If under 18 years of age, include person responsible for the minor) Address Phone number Email Dates of stay If horses are utilized for the event; all participants shall sign a Waiver and Release of Liability provided by Owner to participate in equine or other recreational activities. Montana law provides: That pursuant to the Montana Recreation Responsibility Act (27-1-751), any person who takes part in any sport or recreational opportunity assumes the inherent risks in that sport or recreational opportunity, whether those risks are known or unknown, and is legally responsible for all injury or death to himself and for damage to his property that results from inherent risks in that sport or recreational opportunity. That pursuant to M.C.A. 27-1-727: An equine activity sponsor or an equine professional is not liable for an injury to or the death of a participant engaged in an equine activity resulting from risks inherent in equine activities. DEFAULT: In the event that Client fails to perform any of its obligations under this Agreement, Client shall pay any and all reasonable costs and expenses incurred by Owner in enforcing or establishing its rights hereunder, including without limitation, court costs and reasonable attorneys’ fees. This agreement shall be governed by the laws of the State of Montana and any disputes arising under this contract shall be adjudicated in the jurisdiction where The Cottonwood Resort is located. ENTIRE AGREEMENT This Agreement contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties. AMENDMENT AND EXECUTION: This Agreement may be modified or amended if the amendments are made in writing and are signed by both parties. This agreement may be executed in counterparts, all of which counterparts collectively shall constitute one agreement, binding on the parties hereto, notwithstanding that all parties hereto are not signatories to the same counterpart. COVID RELEASE AND DUTY Client acknowledges both the known and potential dangers of utilizing the facility, services and programs of the Cottonwood Resort, and that Client or Client’s family, employees or traveling partners may, despite the Cottonwood Resort’s reasonable efforts to mitigate such dangers, result in exposure to COVID-19, which could result in quarantine requirements, serious illness, disability, and or death. Client assumes this risk of exposure to COVID-19 and releases the Cottonwood Resort, the Owner and its employees and agents, from any liability for damages related to COVID-19 exposure. Client also agrees that if Client has knowledge that he or she, or any member of the group traveling to the facility with Client, may have been exposed to COVID-19, Client shall immediately notify Owner and the parties will work to reschedule the event to a future date well past any required quarantine period and Client shall provide proof that Client and all Client’s traveling companions have been tested and shown to be recovered from COVID-19 pursuant to generally accepted health care directives, before using the facilities of the Cottonwood Resort. LIABILITY AND INDEMNITY: By signing below, Client agrees to pay for any damage to the interior or exterior of Owner’s property or its furnishing resulting from actions taken by Client, their guest or by any person contracted by Client for the event. The renter agrees to indemnify and hold Owner and its employees harmless, including court costs and attorney fees in any legal action which may result from this event whether arising out of tort or contract. FAILURE TO COMPLY VENUE POLICIES WILL FORFEIT SECURITY DEPOSIT AND FEES.
