Terms and Conditions

IMPORTANT – PLEASE READ CAREFULLY

The following terms and conditions (“Terms and Conditions”) contain important information regarding the BoyneRewardsTM Program (the “Program”), which is offered by Boyne USA, Inc. (“Boyne Resorts”) in its sole discretion. These Terms and Conditions supersede all prior Program Terms and Conditions and, like the prior Program Terms and Conditions, govern the participation by Members (as defined below) in the Program.

THESE TERMS & CONDITIONS ARE AN ENFORCEABLE CONTRACT BETWEEN BOYNE RESORTS AND THE MEMBER, WHICH AFFECTS OUR RESPECTIVE LEGAL RIGHTS. IT INCLUDES A MANDATORY INDIVIDUAL ARBITRATION REQUIREMENT AND CLASS ACTION AND JURY TRIAL WAIVER WHICH IS SET FORTH IN THE DISPUTE RESOLUTION SECTION BELOW.

Participation in the Program requires creating an account (“Rewards Account”) with Boyne Resorts (there is no fee for creating an account) based upon the submission of an application to Boyne Resorts. An application may be submitted online at www.boynerewards.com, or in person at one of the Boyne Resorts facilities. Individuals 18 years or older are eligible for membership in the Program in our sole discretion. Boyne Resorts permits one membership per household so Points can be earned for qualified purchases by persons residing in the same household. Corporations, other entities, organizations, groups and the like are not eligible for membership in the Program. In submitting an application for a Rewards Account, the applicant (and his/her household members) are deemed a member of the Program (“Member” or “you”) and agree to be bound by all the Terms and Conditions. All Rewards Accounts created on or prior to the date of the issuance of these Terms and Conditions are subject to these Terms and Conditions for future purchases and use of Points. The accrual and use of Points prior to the date of these Terms and Conditions is governed by the prior document labelled Terms and Conditions and any other disclosures that were set forth on our website at https://www.boynerewards.com prior to the issuance of these Terms and Conditions. Any Members holding Rewards Accounts created prior to the date of the issuance of the Terms and Conditions agree to these Terms and Conditions upon the first to occur of (i) the redemption of Points after the issuance of these Terms and Conditions and (ii) the earning of Points on purchases after the date of the issuance of these Terms and Conditions.

The Program offers points (the “Points”) based on certain purchases, as described below. In the future Boyne Resorts may, in its discretion, make other offers to Members (the “Offers”), which shall be governed by these Terms and Conditions, unless specifically modified by the Offer with respect to the benefits described in the Offer. The Program does not have a set termination date, although we may terminate the Program at any time by sending you a notice by email and providing notice on the webpage.

Point Accrual/Reward Cards and Redemption

Points can only be earned at participating Boyne Resorts locations through purchasing certain goods/services (“Qualified Goods/Services”), which list of goods and services are subject to change at any time without notice. For a current list of qualifying goods/services and participating Boyne Resorts locations, please visit https://www.boynerewards.com. Members earn one Point for each dollar spent for Qualified Goods/Services, but Points are not earned on payments for sales and use taxes, lodging and other transaction taxes, resort fees, housekeeping fees, damage fees, pet fees and gratuities. To earn Points, a Member must present onsite the Member's physical membership card, membership number or digital membership card on a phone or other mobile device or for an online purchase of Qualified Goods/Services the Member must log into the Member's account. Points are earned when a gift card is used as payment, but not when it is purchased. Points are NOT earned for activities arranged through trade or barter, or as a property owner's guest or on a complimentary basis. Points for lodging will only be credited after completion of your stay. A maximum of 1,000,000 Points may be accrued in any calendar year.

Points may be redeemed for one of two benefits. First, Points may be redeemed for award certificates (“Reward Cards”) for use solely at qualifying Boyne Resorts locations or facilities. Each Point is worth $.05 of the face value of a Reward Card. Redemption of Points must be completed on-line at www.boynerewards.com (see website for information and details). Rewards Cards may be issued only once you have earned at least 500 Points; i.e. the minimum face value of the Rewards Card is $25. Rewards Cards will only be issued in $25 increments.

Second, Points may be used as payment on the online stores of Boyne Resorts for lift access products and other ski-related services; i.e. lift tickets, season passes, lessons, equipment and rentals. When redeeming Points for purchases, Member shall not earn additional Points on such redemption.

Points shall be considered earned when the goods/services have been paid for in their entirety and will not be available for redemption until the Points are accounted for by Boyne Resorts and reported to the Member.

Reward Cards have an expiration date of two years from the date of issuance.

Rewards Cards can be used for the purchase of goods and services from Boyne Resorts but may not be used to pay sales and use taxes, lodging and other taxes, resort fees, housekeeping fees, damage fees, pet fees and gratuities. Points will not be earned on use of Redemption Cards to purchase products and services from Boyne Resorts.

BOYNE RESORTS IS NOT SELLING POINTS OR REWARDS CARDS TO MEMBERS, AND MEMBER AND BOYNE RESORTS AGREE THAT THE MEMBER IS NOT PAYING ANYTHING OR OTHERWISE GIVING CONSIDERATION FOR THE POINTS AND REWARDS CARDS. POINTS AND REWARDS CARDS ARE IN THE NATURE OF COUPONS, AWARDED TO A MEMBER WHEN THE MEMBER PAYS THE PURCHASE PRICE OF QUALIFIED GOODS/SERVICES BOYNE RESORTS OFFERS FOR SALE. POINTS ISSUED EXPIRE AFTER TWO YEARS UNLESS THE MEMBER REDEEMS POINTS, OR MAKES A PURCHASE FROM, BOYNE RESORTS WITHIN SUCH TWO YEAR PERIOD. POINTS HAVE NO MONETARY VALUE AND CANNOT BE CONVERTED INTO CASH. POINTS, AWARD CERTIFICATES AND ANY OTHER BENEFITS OF THE PROGRAM MAY NOT BE SOLD, USED FOR TRADE OR TRANSFERRED WITHOUT THE EXPRESS WRITTEN CONSENT OF BOYNE RESORTS. Any such attempt to sell, trade or transfer may result in membership termination and forfeiture of all Points, Rewards Cards and any other benefits. Points, Rewards Cards and any other benefits of the Program do not create a property interest of Member.

All Points are subject to availability and such other restrictions as determined by Boyne Resorts, in its sole discretion. Additional terms and conditions may be contained in other informational brochures about the Program and online at www.boynerewards.com.

Dispute Resolution

THE MEMBER AND BOYNE RESORTS AGREE THAT ALL DISPUTES BETWEEN US THAT WE CANNOT RESOLVE INFORMALLY SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY BY BINDING ARBITRATION OR IN SMALL CLAIMS COURT (IF THE CLAIM QUALIFIES FOR SMALL CLAIMS COURT IF REQUESTED BY BOYNE RESORTS ).

THE MEMBER AND BOYNE RESORTS AGREE TO WAIVE ANY AND ALL RIGHTS TO A TRIAL BY JURY, TO THE LITIGATION OF DISPUTES IN STATE OR FEDERAL COURTS OF GENERAL JURISDICTION, AND TO PARTICIPATE IN ANY WAY IN A CLASS ACTION/CLASS ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHERWISE TO MAKE OR PROCEED WITH ANY CLAIM ON A COLLECTIVE OR CONSOLIDATED BASIS.

The Member and Boyne Resorts further agree that any claim between the parties involves commerce under, and that this arbitration agreement is governed exclusively by, the Federal Arbitration Act (“FAA”), and not by any state or local laws, or the laws of other countries, concerning or purporting to place limits on the availability or scope of arbitration or in any way imposing requirements beyond or inconsistent with those set forth in the FAA.

This arbitration agreement applies to any disputes between the Member and Boyne Resorts and each of its agents, attorneys, contractors, subcontractors, service providers, employees, and others acting for, on behalf of, or under its direction.

Arbitration Scope, Rules, and Requirements

There is no jury in arbitration, and discovery and court review of an arbitration award are limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow these Terms and Conditions as a court would.

Arbitration shall occur in the United States at a location convenient to both parties. You may also choose to have any arbitration, whether commenced by you or us, conducted by telephone or based on written submissions only. However, any disputes that involve a claim of less than $10,000 USD must be resolved exclusively through binding non- appearance-based, documents-only arbitration.

The arbitrator has the authority to and shall resolve all claims and issues arising between us, including, but not limited to, statutory, regulatory, constitutional, and common law claims.

The arbitrator also has the sole authority to and shall address all claims or arguments concerning the formation, legality, and enforceability of this arbitration agreement, the scope of this agreement to arbitrate, and the arbitrability of any claim or issue arising between us.

Any arbitration will be held before a single neutral arbitrator and will be governed by the Consumer Arbitration Rules and the Consumer Due Process Protocol (collectively, "AAA Rules") of the American Arbitration Association ("AAA") as currently in effect, and as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at https://www.adr.org/consumer or can be obtained by calling the AAA at 800-778-7879, or by writing to the Notice Address. To the extent that there is a conflict between this clause and the AAA Rules, the arbitrator shall resolve such conflicts so as to preserve the parties' mutual obligation to arbitrate claims on an individual basis.

Prior to pursuing any claim, the member and Boyne Resorts are obligated in all instances to first engage in an informal, good faith effort to resolve all disputes we may have for a period of not less than thirty (30) days. To start this process and begin the thirty (30) day period, the party starting the process agrees to send to the other party a statement of its claims including a proposal for resolving them and a specific dollar amount if the party seeks monetary relief. This process is a mandatory condition to pursing any claim. For claims against Boyne Resorts, the statement of claim should be sent to: General Counsel, 3951 Charlevoix Avenue, Petoskey, Michigan 49770

To begin an arbitration proceeding, the member must send a letter requesting arbitration and describing the member's claim both to: (1) the AAA. At American Arbitration Association Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043 or you may send the claim to the AAA online at https://www.adr.org; and (2) Boyne Resorts at https://www.boynerewards.com

Each party shall be responsible for their own attorneys' fees except (1) as provided by applicable law or the AAA Rules; or (2) in the event that the arbitrator concludes that a claim is frivolous or asserted for an improper purpose, the arbitrator may award reasonable attorneys' fees to the prevailing party.

Boyne Resorts is committed to providing for dispute resolution at a reasonable cost to consumers consistent with the AAA Rules, and any matters related to such cost, if not agreed to by the Member and Boyne Resorts, will be decided by the arbitrator.

To the extent that any other provision of the Terms and Conditions is found to be inconsistent with the rights, duties, and requirements of this arbitration agreement, or where the application of such a provision would change or render unenforceable any part of this arbitration agreement, such provision shall be deemed void and the terms of this arbitration agreement shall control.

General

Boyne Resorts reserves the right to modify, suspend, alter or change any of the Terms and Conditions at its sole discretion, and will provide notice of such changes on its website at https://www.boynerewards.com. Such changes may affect future accrual and/or redemption of Points regardless of when such Points are/were earned. Members have no expectation in the continuing availability of Points, Rewards Cards and other Offers.

Boyne Resorts reserves the right to terminate, in its sole discretion, any Member's Rewards Account in the event it appears to Boyne Resorts that the Member has failed to abide by the Terms and Conditions, including but not limited to, Point accrual, reward redemption and/or use. Boyne Resorts reserves the right to terminate any Member's Rewards Account in the event it appears to Boyne Resorts that the Member has acted in violation of local, state or federal law. Terminated membership may result in the loss of Points, Rewards Cards and other benefits and privileges, regardless of when earned. Nothing in these Terms and Conditions shall be construed as limiting Boyne Resorts ability to also take appropriate legal action.

Certain Program benefits and services have been established; however, not all such benefits and services may be available at all participating Boyne Resorts locations. In the event Boyne Resorts wrongly denies a benefit or service, Boyne Resorts' liability shall be limited to the equivalent value of the benefit or service as determined by Boyne Resorts in its sole discretion.

The Program and redemption of Points and Rewards Cards are subject to all applicable laws and regulations. Accrual of Points and redemption of Points, Rewards Cards and other benefits of the Program may be subject to income tax and other taxes; such taxes are the sole responsibility of Member.

Members are responsible for updating Boyne Resorts with any address changes.

MEMBERS HAVE AN AFFIRMATIVE DUTY TO KEEP CURRENT REGARDING PROGRAM TERMS AND CONDITIONS AND ANY CHANGES THERETO. BOYNE RESORTS MAY SEND UPDATED INFORMATION TO MEMBERS REGARDING PROGRAM CHANGES. HOWEVER, UNDER NO CIRCUMSTANCES SHALL BOYNE RESORTS, BE DEEMED LIABLE FOR ITS DECISION NOT TO SEND UPDATED INFORMATION. BY WAY OF NON-LIMITING EXAMPLES, BOYNE RESORTS SHALL NOT BE LIABLE FOR TRANSCRIPTION ERRORS DURING DATA ENTRY; FOR COMPUTER HARDWARE/SOFTWARE FAILURE; INTERNET ACCESS PROBLEMS; INTERRUPTION, DEFECT OR LINE FAILURE OF TELECOMMUNICATION NETWORK OR ELECTRONIC TRANSMISSION; INABILITY TO ACCESS ANY WEBSITE OR ON-LINE SERVICE; OTHER TECHNICAL OR NON-TECHNICAL ERRORS OR MALFUNCTIONS, OR LOST, MISDIRECTED, MUTILATED OR POSTAGE DUE MAIL. BY PARTICIPATING IN THE PROGRAM, YOU RELEASE BOYNE RESORTS, ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, AND AGENTS FROM ANY AND ALL LIABILITY FOR ANY LOSS, HARM, DAMAGES, COST OR EXPENSE, INCLUDING WITHOUT LIMITATION PROPERTY DAMAGES, PERSONAL INJURY AND/OR DEATH, ARISING OUT OF PARTICIPATION IN THE PROGRAM AND THE USE OF ANY POINTS AND REWARDS CARDS.

Boyne Resorts' use of Applicant and Member (and persons in the Member's household) personally identifiable information is governed by the Boyne Resorts, Inc. Privacy Policy at www.boynerewards.com. and your use of the Boyne Resorts website and setting up your account will be governed by these Terms and Conditions and any terms and conditions for use of the Boyne Resorts.

The Terms and Conditions are governed by and are to be construed under the laws of the State of Michigan, except with regard to the arbitration agreement set forth in the Dispute Resolution section, above, which shall be governed exclusively by the Federal Arbitration Act (“FAA”).

If any provision of these Terms & Conditions is found to be unenforceable for any reason, it shall be treated as void and the remaining Terms and Conditions shall be fully enforceable.