Chateau Okanagan

 ARTICLE I
COVENANTS OF THE GUEST
1.1 Use of the Property. The Guest shall, and shall cause all members of the Guest Party to, use and enjoy the Property only in a reasonable and careful manner, and only for its intended use as a private guest estate, and for no commercial or other purpose whatsoever.  
1.2 Damages and Nuisance. The Guest agrees, and shall cause all members of the Guest Party to agree, not to cause any damage or injury to the Property, and not to use, carry on, or permit in, or upon the Property, any act or thing which shall constitute a nuisance to any other guests, any neighbours or any other person. 
1.3 Compliance with Applicable Laws. The Guest shall comply with, and shall cause all members of the Guest Party to comply with, all applicable laws and regulations imposed by any governmental authorities having jurisdiction in relation to the Property and the Guest Party's use thereof, including, without limitation, those applicable to health, safety, fire and smoking.   
1.4 Rules and Regulations. The Guest hereby agrees to abide by, and shall cause all members of the Guest Party to abide by, the Rules and Regulations at all times during the Stay. 
ARTICLE II- RELEASE AND INDEMNITY
2.1 Release. The Guest hereby waives any and all Claims it may have against the Resort Entities by reason of, resulting from, arising in connection with, or in any way relating to the Guest Party's use or occupation of the Property, including, but not limited to, any harm, injury, death, or damage to personal property (subject to the application of Section 8.1 below) suffered by any member of the Guest Party while on the Property, and forever releases and discharges the Resort Entities from any and all liabilities under such Claims. 
2.2 Indemnity. The Guest shall indemnify and hold harmless the Resort Entities from any and all Claims arising out of, or in any way relating to: (a) any breach or non-performance by the Guest or any of the Guest Party of any representation, covenant or other provision of this Agreement, or (b) the use or occupation of the Property by the Guest or any of the Guest Party, any permitted invitees of the Guest or anyone else for whose actions the Guest is legally responsible, except to the extent that such loss directly results from the gross negligence of the Resort Entities. 
2.3 Survival. The release and indemnity contained in this Article VII shall survive termination or expiration of this Agreement.
ARTICLE III- GUEST PROPERTY
3.1Guest Property. The Guest acknowledges and agrees that, pursuant to the Hotel Keepers Act(British Columbia): (1) the Resort is not liable to the Guest Party for any loss or injury to any goods or property of the Guest Party brought to the Property (the "Guest Property"), except if the Guest Property has been: (a) stolen, lost or injured through the wilful act, default or neglect of the Resort or its staff; or (b) deposited expressly for safe custody with the Resort or its staff; and (2) if a vehicle of a Guest Party has been delivered to the custody of the Resort or its staff expressly for storage or parking in a place specifically reserved and designated by the Resort for the storing or parking of vehicles, the liability of the Resort is that of a bailee for reward. 
3.2 Insurance. The Guest Party is responsible for obtaining and maintaining its own insurance to protect the Guest Property, including automobile insurance.   
3.3 Return of Items. The Resort will make reasonable efforts to contact the Guest to return any items of value that are left behind after the Stay. If items are not claimed for longer than 15 days, they shall become the property of the Resort. The Resort shall not be held liable for the condition of said items.
ARTICLE IV- FORCE MAJEURE
4.1 Force Majeure. The obligations of the Resort under this Agreement shall be suspended during any period when the Resort is prevented from fulfilling its obligations for reasons beyond its reasonable control, including, without limitation, strikes, lockouts, riots or other civil disorders, fires, smoke, floods, storms, earthquakes, and other natural disasters or acts of God, pandemics or endemics, and the Resort shall not be liable to the Guest for any failure or delay in the performance of the Resort's obligations under this Agreement resulting from such an event. 
4.2 Termination. If, in the reasonable opinion of the Resort, such event prevents the performance of the Resort's obligations under this Agreement, then the Resort may terminate this Agreement with immediate effect at any time by providing written notice thereof to the Guest, and the Resort shall have no further obligation or liability to the Guest hereunder, at law or in equity. In the event such termination occurs prior to the Commencement Date, the Initial Deposit shall be returned to the Guest in full. In the event such termination occurs after the Commencement Date, the Guest shall be liable for, and shall pay forthwith to the Resort, all Rental Fees and Additional Fees owing up to the date of such termination.  
ARTICLE V- GENERAL 
5.1 Hotel Keepers Act. The Resort is entitled to all rights and remedies available to it pursuant to the Hotel Keepers Act (British Columbia). 
5.2 Repairs and Maintenance. The Resort or its agents may enter the Accommodations and the Property during reasonable hours (or at any time in the case of an emergency) during the Stay for the purposes of effecting any repairs or maintenance thereto, and the Resort shall put the Guest Party to as little disturbance or inconvenience as is reasonably practicable in relation thereto. 
5.3 Assignment. The Guest may not assign its rights under this Agreement to, or have its obligations assumed by, any person without the prior written consent of the Resort. 
5.4 Successors and Assigns. This Agreement shall be binding upon and for the benefit of the Parties, their successors and assigns. 
5.5 Waiver. A Party's failure in one or more instances to enforce the performance of any term or terms of this Agreement shall not be construed as a waiver or relinquishment of that Party's right to such performance or future performance of such term or terms, and the obligations with respect thereto shall continue in full force.  A Party's consent to or approval of any act by another Party on any one occasion shall not be deemed a consent or approval of the same act on any subsequent occasion. 
5.6 Confidentiality. The Parties will keep the terms of this Agreement, including, but not limited to, the financial terms, in strict confidence, except to the extent disclosure is required to be made to a Party's lenders, employees, consultants, agents or customers and others having a need to know, or as required by law. The section shall survive termination or expiration of this Agreement. 
5.7 Internet. High speed wireless internet is provided as a convenience only and is not integral to this Agreement. No refund shall be given for outages, speed or access problems with regard to internet service.
5.8 Notices. All notices, requests and demands to or upon the respective Parties hereto to be effective shall be in writing and shall be sufficiently given if delivered (whether in person, by courier service or other personal method of delivery), or if sent by e-mail, to the address or email address for the Guest set out in Section 2.1 or to the following address and email address for the Resort: 
Address:          
Brian Dower  
General Manager                       
 380 Lochview Rd  
Kelowna, British Columbia
 V1V 1G8                        
brian@chateauokanagan.com * or to such other address or email address as may be hereafter notified by the respective Parties.  
Such notices, if delivered in person, by courier service or other personal method of delivery, shall be deemed received by the addressee on the date the notice is delivered, or, if sent by email, shall be deemed received by the addressee on the date sent. 
5.9 Governing Law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein and the Parties hereby attorn to the jurisdiction of the Courts of the Province of British Columbia to adjudicate any dispute arising out of this Agreement.
5.10 Severability. In the event that any provision of this Agreement is found invalid, illegal or unenforceable by a court of competent jurisdiction, then such provision shall be deemed to be severed from this Agreement and the remainder of this Agreement shall not be affected and shall remain in full force to the extent permitted by law.
5.11Interpretation. In this Agreement, words importing the singular number only shall include the plural and vice versa, words importing gender shall include all genders, and words importing persons shall include individuals, corporations, partnerships, associations, trusts, unincorporated organizations, governmental bodies and other legal or business entities.
5.12 Joint and Several. In the event this Agreement in executed by two or more persons as the "Guest", the obligations of such persons hereunder shall be joint and several. 
5.13 Entire Agreement. This Agreement contains the entire agreement of the Parties concerning the subject matter of this Agreement and except as expressed in this Agreement, there are no other understandings or agreements, verbal or otherwise, that exist between the Parties. 
5.14 Amendments. This Agreement may not be modified except by an agreement in writing signed by both Parties.
5.15 Counterparts. This Agreement may be executed in separate counterparts and all the executed counterparts together shall constitute one agreement.  This Agreement may be executed and delivered by email and the Parties may rely upon all such electronic signatures as though they were original signatures. 

Exhibit B - Rules and Regulations
1. No pets allowed on the Property. 
2. No smoking on the Property (including tobacco, cannabis cigarettes, cigars, electronic cigarettes, or any similar product whose use generates smoke or vapours) unless in designated areas.
3. Total number of overnight guests is limited to 16 or fewer adults.
4. No guests, parties or events are permitted on the Property without the prior written consent of the Resort. All non-overnight guests must depart the property by 12:00 a.m.
5. All guests must be 19 years of age or older, unless accompanied by an adult.
6. Outdoor quiet hours are between 10 p.m. and 8 a.m. No loud music or other activities are permitted during this time. 
7. The Property is not to be used for commercial purposes without the prior consent of the Resort.
8. The Spa and Pool areas are closed from 10:00 p.m. – 7:00 a.m.
9. Use of golf carts is restricted to Château Staff.