FOUR PINE VALLEY DOME RENTAL AGREEMENT

 

THIS AGREEMENT is between:

2713816 Alberta Inc. o/a Four Pine Valley and the (“Guest”)

 

A. Four Pine Valley is the operator of the dome and related facilities located at 1518 HWY 633 Onoway, AB (the “Property”);

 

B. The Guest wishes to rent the dome and have access to the Property on a short term basis and Four Pine Valley agrees to rent the dome and grant access to the Property to the Guest on the terms and conditions set out below.

 

AGREEMENTS

 

For good and valuable consideration, the receipt and sufficiency of which each party acknowledges, the parties agree as follows:

 

1. Defined Terms

 

The following defined terms shall have the following meanings:

 

A. “Activities” means all activities, events or services provided, arranged organized, or conducted by Four Pine Valley and shall include, but is not limited to outdoor activities, camping, glamping, water activities, hiking, biking, fire starting, heaving lifting, chopping wood, using wood stoves, saunas, propane heaters.

 

B. “Equipment” means all equipment provided or arranged by Four Pine Valley, including but not limited to the glamping domes and the contents thereof, and camping equipment.

 

C. “Facilities” means the dome, parking lots, fire pits, trails, yoga studio, and sauna, and any other facilities as may be located on the Property.

 

D. “Four Pine Valley Group” means Four Pine Valley and The Fire Farm Ltd. and their respective shareholders, directors, officers, employees, contractors, agents, affiliates, representatives, lessors (the owners of the Property), successors and assigns.

 

E. “Property” has the meaning set out in Recital A to this Agreement.

 

2. Reservation and Payment

 

All payments shall be made by electronic funds transfer or credit card as directed by Four Pine Valley and are not refundable for any reason, except pursuant to the cancellation policy. All payment must be made in full at the time Guest completes the reservation.  Four Pine Valley reserves the right to request a security deposit.      

 

  

3. Occupancy and Check-in and Check Out

 

Occupancy of the dome is limited to the number of people specified in the reservation confirmation. Four Pine Valley reserves the right to limit the number of people that may stay in the dome and access the Facilities. The standard check-in time for the dome is 4:00pm MST and the standard check-out time is 11:00 am MST, regardless of the Guest’s arrival or departure times.  In no event is Four Pine Valley obligated to grant later check out or earlier check in.

 

4. Charges and Damages

 

All damages incurred to the Property or its contents (including, without limitation, vehicles or other property located on the Property) by Guest or Guest’s invitees shall be charged to Guest.  

 

5. No Pets

 

Guest shall NOT be permitted to have any pets on the Property and there are no exceptions. An additional one time charge of $150 plus GST shall be payable by Guest for any breach of this policy.  

 

6. Termination Rights

 

Guest shall not be entitled to cancel the rental, except with five (5) days notice prior to the scheduled rental date.  Four Pine Valley will not reimburse Guest for any portion of the rent paid in advance, except for a permitted cancellation.

 

7. General Terms and Conditions

 

As a condition of rental of the Property, Guest acknowledges and agrees to the general terms and conditions as set out in Schedule A to this Agreement. 

 

8. Governing Law and Schedule.

 

This Agreement shall be governed by the laws of the province of Alberta.  All schedules attached to this Agreement shall form part of and be incorporated into this Agreement.

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SCHEDULE A – GENERAL TERMS AND CONDITIONS

 

THESE GENERAL TERMS AND CONDITIONS GOVERN THE AGREEMENT FOR USE OF THE DOME AND OTHER SERVICES BETWEEN THE GUEST AND FOUR PINE VALLEY.  PLEASE READ THESE TERMS OF SERVICE CAREFULLY.

 

BY USING THE FOUR PINE VALLEY WEBSITE, OR BY OTHERWISE MAKING A RESERVATION WITH FOUR PINE VALLEY, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS OF SERVICE.

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A. FOUR PINE VALLEY RULES

Guests at Four Pine Valley must:

1. Listen to, read and follow the safety guidelines before entering the Facilities, using the Equipment and participating in the Activities.

2. Move throughout the Facilities in a safe and cautious manner.

3. Participate in all Activities in a safe and cautious manner.

4. Use all Equipment in a safe and cautious manner.

5. Respect any decision of our employees, volunteers and activity coordinators present at the Facilities.

6. Be over the age of 18 years, unless an accompanying adult has signed the waiver on behalf of the minor.

7. Accept that all Activities are self-guided and guests are responsible for their own safety, and the safety of any accompanying minors, at all times.

8. Be aware that it is forbidden to smoke inside the dome and any other buildings or structures on the Property.

9. Be aware that any use of alcohol, cannabis or any other substances is at the guest's own risk and that guests have expressly waived any and all claims arising therefrom and hold harmless Four Pine Valley, including such claims connected to a guest's use of alcohol, cannabis or other substances. The use of alcohol, cannabis or any other substances is restricted to the guest’s assigned site and is not permitted throughout the premises in general.

10. Be aware that it is forbidden, except with authorization, for guests to leave the marked trails.

11. Be aware that there is wildlife in the area. Stay aware of your surroundings and do not leave minors or animals unattended. Four Pine Valley is not liable for any damage or injury caused by wildlife.

12. Be aware that pregnant women and individuals with heart conditions should not participate in the Activities and do so at their own risk.

13. Be aware that individuals who are overweight and/or in poor physical condition should be conscious of their well-being while participating in the Activities and should cease participation if necessary.

14. Accept that Four Pine Valley Inc. and The Firewood Farm Inc. and their representatives, employees, volunteers and activity coordinators may interrupt the Activities at their discretion and reserve the right of exclusion, with no other form of warning or reimbursement, of any person who does not respect these Rules.

15. Not bring pets of any kind on the Property.

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I, the Guest, acknowledge having read these rules and I confirm that myself and my guests or invitees will at all times follow the Rules.

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B. CANCELLATION 

 

1. In the event of a cancellation, the representative of the rental group must provide five (5) days prior notice of said cancellation.

 

2. Notice must be provided to Four Pine Valley between the hours of 8:00 am MST and 5:00 pm MST.

 

3. Should adequate notice not be provided to Four Pine Valley Total the Guest shall be responsible for payment in full for the entire rental period reserved in the Guest’s reservation.

 

4. Four Pine Valley shall not assume liability for any loss, damage or injury of any nature in whole or in part resulting from an act of God or any other force majeure event (hereinafter “Force Majeure Event”) including without limitation: fire, environmental pollution or contamination, inclement weather, earthquake, flood, water or power shortages or failures, storms, avalanche, road closures, riots or civil commotions or disturbances and any other acts of similar nature, sabotage, arrests, strikes or other labour disruptions, expropriations, acts of terrorism, war, insurrection, quarantine restrictions, government health orders or health emergencies, or alerts of any kind or nature, government seizures, refusal or cancellation or suspension or delay of any government authority or any license, permit or authorization, damages to the Property or the Facilities or any other factor unforeseen by Four Pine Valley that impacts negatively on or hampers its ability to fulfill any of its contractual conditions. In the event that any of these conditions apply, Four Pine Valley shall be excused, discharged and released from its liability and performance to the extent such performance is so limited or prevented, without liability of any kind.

 

C. RECREATIONAL VEHICLES AND WEAPONS POLICY

 

1. In no event will Guest or Guest’s invitees be permitted to bring recreational vehicles to the Property for any reason, including but not limited to, sleds, motorbikes, off-road vehicles of any kind, RVs, boats,  drones, or any other motorized vehicle.  Recreational vehicles are expressly prohibited on the Property.

 

2. Firearms and weapons are expressly prohibited and Guest shall not bring firearms or weapons on the Property. 

 

3. Four Pine Valley reserves the right to terminate Guest’s reservation and compel a Guest to vacate the Property if Guest has firearms or weapons on the Property.  There is a no tolerance policy.

 

4. Guests agree to indemnify and hold harmless the Property, its owners and Four Pine Valley from all liability and damage suffered as a result of any breach of the rules set out in this Section C.

 

D. LIMITATION OF LIABILITY

 

1. Guest shall indemnify and save harmless Four Pine Valley Group against any liability, actions (including legal fees on a solicitor and own client basis), claims, losses, costs and damages, which Four Pine Valley may incur, sustain or pay arising out of or in connection with the Guest’s participation in the Activities, use of the Equipment and access to or use of the Facilities.

 

2. Four Pine Valley is not responsible for any events, losses or damages occurring in relation to the natural environment in which the Facilities are situated. Staying at the Property and use of the Facilities includes inherent risk including (but not limited to), location next to exposed and unstable riverbank, burns from fires, stoves, hot food or liquid, risk to body parts when chopping wood, risk from falling trees, uneven surfaces throughout the Property, violent and unpredictable weather include lightening, potential for exposure to dangerous or poisonous flora and fauna, infectious disease contracted through viruses, bacteria, parasites and fungi and encounters with wild animals. In addition, the Guest assumes risk in relation to unsecured sleeping premises, risk in relation to misuse of  heaters, camp stoves, fire pits, generators, and other related equipment. Tying or attaching any items to trees is prohibited. Water from wells needs to be treated prior to consumption. Four Pine Valley is not responsible for any claims or losses resulting from or related to the foregoing risks.

 

3. In no event shall Four Pine Valley Group be liable to the Guest for any actions (including legal fees), claims, losses, costs and damages, arising out of the Guest’s participation in the Activities, use of the Equipment and access to and use of the Facilities, howsoever caused. 

 

4. The Guest acknowledges and agrees that the terms of this section shall be binding upon the Guest and the Guests executors, heirs and administrators and shall survive the termination or expiry of the Agreement.

 

E. RELEASE, WAVER AND INDEMNITY

 

1. Any activity or use of the Facilities that Guest participates in at the Property, may inherently create a risk of personal injury, death, loss or damage to the Guest and. Or the Guest’s personal property. Guest shall:

 

a. assume all risk of injury, loss or damage to the Guest, the Guest’s personal property;

 

b. participate in the Activities at the Guest’s own risk;

 

c. assume all loss and damages arising rom any damage caused by Guest to the Equipment or the Facilities; and

 

d. assume the entire risk of any and all such injury, death, loss or damage which Guest may suffer during or arising out of Guest’s participation in such Activities or use of the Facilities, howsoever caused.

 

2. GUEST EXPRESSLY WAIVES ANY AND ALL CLAIMS THAT GUEST HAS OR MAY HAVE IN THE FUTURE AGAINST THE FOUR PINE VALLEY GROUP AND AGREES TO RELEASE THE FOUR PINE VALLEY GROUP FROM ANY AND ALL LIABILITY FROM ANY LOSS, DAMAGE, INJURY (INCLUDING DEATH), COST OR EXPENSE GUEST MAY SUFFER, EITHER DIRECTLY OR INDIRECTLY AS A RESULT OF GUEST’S PARTICIPATION IN THE ACTIVITIES, USE OF THE EQUIPMENT, OR ACCESS TO/ USE OF THE FACILITIES, DUE TO ANY CAUSE WHATSOEVER, INCLUDING WITHOUT LIMITATION NEGLIGENCE, BREACH OF CONTRACT OR OMISSION OF THE FOUR PINE VALLEY GROUP OR ANY ONE OF THEM.  GUEST FURTHER RELEASES FOUR PINE VALLEY GROUP FROM ANY AND ALL CONTRIBUTORY LIABILITY ARISING FROM DAMAGE OR LOSS CAUSED IN WHOLE OR IN PART AS A RESULT OF GUEST’S USE OF ALCOHOL, CANNABIS OR ANY OTHER SUBSTANCES.  GUEST COVENANTS AND AGREES NOT TO MAKE ANY SUCH CLAIM AGAINST THE FOUR PINE VALLEY GROUP OR ANY OF THEM AND FOREVER RELEASES AND DISCHARGES THE FOUR PINE VALLEY GROUP FROM LIABILITY HEREUNDER.

 

3. Guest agrees to hold harmless, defend and indemnity the Four Pine Valley Group from and against any and all losses, damages, claims, liabilities, actions, costs or expenses of whatever kind, including legal fees on a solicitor and client basis, in connection with any third party claims arising from or resulting from Guest’s participation in the Activities, use of the Equipment, and access to and use of the Facilities. 

 

4. The Guest acknowledges and agrees that the terms of this section shall be binding upon the Guest and the Guest’s executors, heirs and administrators and shall survive the termination or expiry of the Agreement.