Terms & Conditions

IMPORTANT – PLEASE READ CAREFULLY

THESE TERMS & CONDITIONS ARE AN ENFORCEABLE CONTRACT WHICH AFFECTS YOUR LEGAL RIGHTS. INCLUDED ARE A MANDATORY INDIVIDUAL ARBITRATION REQUIREMENT AND CLASS ACTION AND JURY TRIAL WAIVERS. IF YOU DO NOT AGREE TO THESE TERMS & CONDITIONS, DO NOT USE OUR WEBSITES OR OUR APPS.

TERMS & CONDITIONS

Effective Date: February 10, 2026

Boyne USA, Inc., d.b.a. Boyne Resorts, and all affiliated and related corporations, businesses, resorts, and brands (“Boyne,” “we,” or “us”) provide this website, all related websites, mobile apps, and television apps, including all venue websites (respectively, the “Sites” and “Apps”) and offer all promotions, contests, offers to sell or license (or otherwise make available) products, services, accommodations, content, and resort-related activities of any kind, and all information regarding same, to consumers and businesses through the Sites and Apps (collectively, “Services”) subject to your agreement to these terms and conditions (the “Terms & Conditions” or “Terms”), which are final and not subject to modification by you.

By accessing or using the Sites and Apps in any way or requesting or obtaining any Services from us through the Sites and Apps, you agree to be bound by these Terms.

We recommend you print out a copy of the Terms to review and for your records. They can be downloaded here.

TABLE OF CONTENTS

SECTION 1. SCOPE OF AGREEMENT

SECTION 2. PRIVACY & SECURITY

SECTION 3. DISPUTE RESOLUTION

SECTION 4. SITES AND APPS AVAILABILITY AND ACCURACY

SECTION 5. WARRANTY AND DAMAGES LIMITATIONS; INDEMNIFICATION

SECTION 6. INTELLECTUAL PROPERTY RIGHTS

SECTION 7. ADDITIONAL TERMS

SECTION 8. CONTACT INFORMATION AND COMMUNICATIONS

1. SCOPE OF AGREEMENT
   
   A. Scope Broadly Construed. The Terms govern all your actions and interactions with or on the Sites and Apps, including, but not limited to, requesting, reviewing, or obtaining Services from us.
   
   B. Additional Agreements. For certain Services (including, but not limited to, promotions and resort-related activities), you may be required to enter into additional agreements with Boyne. Nothing in these Terms shall be construed to limit or change in any way the scope, terms, requirements, and applicability of such separate agreements, including all releases of liability they may contain. If you have entered into agreements with Boyne in addition to these Terms, such agreements (including the Terms) shall be read harmoniously in a manner that maximizes the enforceability of each of the provisions of those agreements.
   
   
2. PRIVACY & SECURITY
   In agreeing to these Terms, you represent that you have had a full and fair opportunity to read our Privacy Policy which is incorporated into these Terms. 
   
   OUR SITES AND APPS MAY CAUSE INFORMATION ABOUT YOU, YOUR LOCATION, AND YOUR ACTIVITIES ON THE SITES AND APPS TO BE TRANSMITTED BY YOUR WEB BROWSING SOFTWARE (OR OTHERWISE) TO THIRD PARTIES ACTING FOR OR ON BEHALF OF BOYNE, INCLUDING TO THIRD PARTIES WHO PROVIDE ADVERTISING, MARKETING, AND ANALYTICS SERVICES TO BOYNE. YOU UNDERSTAND THAT BY AGREEING TO THE TERMS, YOU CONSENT TO THESE COMMUNICATIONS.
   
   
3. DISPUTE RESOLUTION
   On occasion, a third party may be necessary to help resolve Disputes that may arise between you and Boyne. This section of the Terms & Conditions (the “Dispute Resolution Agreement”) limits you and Boyne to resolving Disputes between them by individual arbitration (or small claims court, if the Dispute qualifies), unless the Dispute is expressly excluded from the arbitration requirement.
   
   FOR ALL DISPUTES REQUIRED TO BE ARBITRATED, YOU AND BOYNE WAIVE ALL RIGHTS TO A JURY TRIAL, TO PARTICIPATE IN ANY CLASS ACTION OR COMPARABLE COLLECTIVE PROCEEDING, AND TO HAVE THOSE DISPUTES DECIDED IN COURTS OTHER THAN SMALL CLAIMS COURT.
   
   “Dispute” and “Disputes” shall be interpreted in the broadest possible sense to include, without limitation, any and all complaints, claims, and controversies of every kind, including, but not limited to, statutory, regulatory, constitutional, contractual, common law (including torts of any kind), and tax-related (including erroneous sales tax collection) causes of action, and encompassing fully all those involving allegations of negligence, fraud, misrepresentation, and the alleged breach of any duty whatsoever.
   
   The following Disputes are excluded fully from the requirement to arbitrate and the limitation to small claims court:
   
   — Disputes involving or arising in any way out of bodily injury or death. Notwithstanding any other provision of the Terms, these Disputes shall be resolved exclusively in the state or federal courts of the state where such bodily injury or death occurred, as to which you consent to personal jurisdiction, and shall be resolved exclusively under the laws of that state without giving effect to any choice of law principles.
   
   — Intellectual property disputes. Notwithstanding any other provisions of the Terms, Disputes seeking to protect, vindicate, or enforce in any way your or Boyne’s intellectual property rights, including, but not limited to, claims involving copyrights, trademarks, patents, and trade dress, shall be resolved exclusively in the state or federal courts of the State of Michigan, as to which you consent to personal jurisdiction.
   
   A. GENERAL ARBITRATION PROVISIONS
   The following general provisions apply to all Disputes which are subject to the requirement to arbitrate (“Arbitrable Disputes”). These provisions are intended to be read harmoniously with the rules governing individual and mass arbitration set forth below. To the extent that there is any conflict between these general provisions and those specific rules, the specific rules will control.
   
   (1) Persons and Entities Covered. The obligation to arbitrate extends to all agents, attorneys, contractors, subcontractors, employees, service providers, and others acting on behalf of you or Boyne, or anyone on whose behalf you use the Sites and Apps or obtain Services. It also extends to Disputes in which claims of any kind are threatened or asserted against any corporations and other business entities related in any way to Boyne (including, but not limited to, parents, subsidiaries, and sibling corporations) and which arise out of your use of the Sites and Apps and the Services.
   
   (2) Governing Law. Notwithstanding any other provision of the Terms & Conditions, all arbitrations are governed exclusively by the Federal Arbitration Act (FAA), 9 U.S.C. §§ 1 et seq., and not any state or local laws, and you and we agree that it should be interpreted in a manner that protects and preserves the obligation to arbitrate in strict accordance with this Dispute Resolution Agreement.
   
   (3) Opt-Out Rights. You have the right to opt out of the arbitration requirement by sending a written notice expressly stating “I opt out of arbitration” or similar words by email to arbitration@boyneresorts.com, or in writing via certified mail, return receipt requested to Boyne Resorts, 3951 Charlevoix Avenue, Petoskey, MI 49770, within thirty (30) days after you first agree to the Terms & Conditions. Opting out has no effect on any other arbitration agreements that you may currently have or may enter in the future with Boyne, nor does it eliminate or change any other rights or requirements of the Terms & Conditions. Nor does opting out preclude you from later agreeing to an arbitration agreement with us.
   
   (4) Mandatory Informal Settlement Process. For Arbitrable Disputes only, you and Boyne must participate in an informal settlement process (the “Informal Settlement Process”) as follows before any arbitration can be commenced:
   
   a. The party initiating any Dispute (“Claimant”) must send a signed, written statement (“Claim Statement”) to the other party (“Respondent”). The Claim Statement must include the Claimant’s name, mailing address, email address, and a concise description of the Dispute, including any monetary demand. Claim Statements submitted by you must be sent by email to Boyne at dispute@boyneresorts.com, or by certified mail, return receipt requested to Boyne Resorts, 3951 Charlevoix Avenue, Petoskey, MI 49770.
   
   b. If the Claimant is represented by an attorney, the Claimant’s attorney must also sign the Claim Statement under oath or penalty of perjury, in accordance with 28 U.S.C. § 1746 or similar state laws, certifying compliance with all obligations to conduct a reasonable investigation into the factual and legal basis of any claim and to represent that any claim asserted has a legal and factual basis under the standard that applies to representations to the court under Rule 11(b) of the Federal Rules of Civil Procedure (or any successor provision in the event of an amendment to that rule) (a “Rule 11 Certification”).
   
   c. Once a properly completed Claim Statement and any applicable Rule 11 Certification are received, the Claimant and Respondent shall for a period of sixty (60) days seek to resolve the Dispute amicably. Any applicable statutes of limitations for the Dispute will be stayed during this period.
   
   d. Failure to complete in good faith the Informal Settlement Process as to any Arbitrable Disputes is a material breach of this agreement. No arbitration may be filed nor any arbitrator appointed or arbitration fees imposed on the Respondent until this process has been completed. If an arbitration is commenced in violation of this requirement, the Claimant shall indemnify Respondent for all fees or costs of arbitration imposed on Respondent.
   
   (5) No Class Actions. Except as expressly permitted under the Mass Arbitration Rules (set forth below), you and Boyne agree that all Arbitrable Disputes must be resolved individually and not via a class or consolidated proceeding of any kind, even if the requirement to arbitrate is found unenforceable for any reason. However, nothing restricts the settlement of Disputes by mutual agreement, including through court-approved class action settlements.
   
   (6) Changes. If we change the arbitration requirements of this Dispute Resolution Agreement after you last accepted the Terms & Conditions, you can reject those changes by sending written notice within thirty (30) days of the effective date of such changes to arbitration@boyneresorts.com, or sending such a notice to us by certified mail, return receipt requested to Boyne Resorts, 3951 Charlevoix Avenue, Petoskey, MI 49770. The notice must include your full name, email address, and mailing address, and state specifically that you reject the arbitration-related changes. By rejecting these changes, you agree to arbitrate any dispute based on the arbitration requirements that were in effect when you last agreed to the Terms & Conditions. The rejection of these changes shall have no effect on any other provisions of the Terms & Conditions. Nor does rejecting arbitration changes preclude you from later agreeing to those changes
   
   (7) Improperly Commenced Arbitration. If either you or we believe the other party has started or is about to start any arbitration in violation of this Dispute Resolution Agreement, you and we have the right to seek a court order to stop that arbitration, and any arbitrations related to or giving rise to such a court action shall be stayed and no arbitration fees or costs imposed until the court action (including appeals) is concluded fully and finally. Upon a finding that a Dispute was threatened, filed, or maintained in knowing violation of this Dispute Resolution Agreement or to exert undue pressure, or is frivolous, a court may award the costs and fees of arbitration and any associated litigation, including reasonable attorneys’ and expert fees, to the other party.
   
   (8) Survival and Severability. This Dispute Resolution Agreement shall survive and remain in effect even after your relationship with Boyne has ended. If any part of the Dispute Resolution Agreement is found to be unenforceable, the remaining provisions will remain in force and apply fully.
   
   (9) Delegation. Disputes concerning whether (1) you and Boyne have entered a valid and binding agreement to arbitrate or (2) a Dispute is subject to or excluded from the requirement to arbitrate shall be decided exclusively by a court of competent jurisdiction, not by an arbitrator. All arbitrations where such issues are raised by either party shall be stayed until a court action (including appeals) is concluded fully and finally. All other issues shall be resolved by an arbitrator.
   
   (10) Offer of Settlement. In any Arbitrable Dispute between you and Boyne, the Respondent may choose to make a written settlement offer at any time after the receipt of a Claim Statement. The offer amount and its terms will not be revealed to any arbitrator until after a final award (which includes any dispositive decision). If the value of that award is less than the value of the settlement offer, or if the award favors the Respondent, the Claimant shall pay the Respondent’s arbitration fees, legal and expert fees, and costs which were incurred or imposed after the offer to fullest extent allowed by law.
   
   (11) AAA Arbitrations. If the American Arbitration Association (the “AAA”) is for any reason whatsoever unavailable, unable, or unwilling to handle an arbitration assigned to it under this Dispute Resolution Agreement (including as a result of any aspect of this Dispute Resolution Agreement which does not meet with the AAA’s approval), or if the AAA for any other reason whatsoever declines to handle an Arbitrable Dispute assigned to it by these provisions, you and Boyne must negotiate in good faith to choose an alternative arbitrator to conduct the arbitration in accordance with all of the terms of this Dispute Resolution Agreement
   
   B. ARBITRATION RULES
   
   The arbitration process will vary depending on whether an Arbitrable Dispute is pursued individually or as part of a Mass Arbitration (as defined below).
   
   (1) Individual Arbitration Rules. All individual arbitrations (Disputes involving a single individual or entity as Claimant) shall be before a single arbitrator of the AAA. Arbitrations handled by the AAA and involving consumer disputes as defined by the AAA will be governed by this Dispute Resolution Agreement and the AAA Consumer Arbitration Rules and the AAA Consumer Due Process Protocol (the “Consumer Rules”) (https://www.adr.org/consumer) in effect on the date when the Dispute arose (each a “Consumer Arbitration”). Where the Consumer Rules do not apply, the arbitration shall be governed by these Individual Arbitration Rules and the AAA Commercial Arbitration Rules (each a “Commercial Arbitration”) together with the AAA Optional Appellate Rules (available here: https://www.adr.org/commercial). If there is a conflict between this Dispute Resolution Agreement and any applicable AAA rules and protocols, the terms of this Dispute Resolution Agreement shall control. In any Commercial Arbitration, the prevailing party shall recover reasonable attorneys’ fees, expert witness fees, and costs, including those incurred in collection. In any Consumer Arbitration, the prevailing party shall only be able to recover attorneys’ fees where and as expressly allowed by applicable law.
   
   a. For consumer arbitrations where Disputes (including counterclaims) are under $25,000 USD each, the case will be decided without appearances, based only on submitted documents (including sworn statements) under R-36 of the Consumer Rules. However, the arbitrator may permit reciprocal, reasonable discovery (strictly limited in nature and proportionate in scope and cost to the Dispute and which does not impose undue cost or hardship on either of the parties), and may also allow for a non-evidentiary hearing, which shall be by phone or video conference, unless, in the arbitrator’s sole discretion, fairness requires an in-person hearing and the cost of an in-person hearing is reasonable compared to the Dispute amount.
   
   b. An arbitration before the AAA can be requested by mail or online through the AAA’s website (https://www.adr.org/Support). A copy of the arbitration demand shall be sent to arbitration@boyneresorts.com, or sent by certified mail, return receipt requested to Boyne Resorts, 3951 Charlevoix Avenue, Petoskey, MI 49770. Upon request by either you or Boyne, any attorney representing the party demanding arbitration shall provide to the Respondent and the AAA a Rule 11 Certification.
   
   (2) Mass Arbitration Rules. If 20 or more claimants (each a “Mass Arbitration Claimant”) or their lawyers or representatives file or disclose to us an intention to file demands for arbitration raising substantially similar Arbitrable Disputes, and counsel or representatives for the claimants are the same or coordinated across these Disputes (a “Mass Arbitration”), these special Mass Arbitrations Rules alone shall apply instead of the Individual Arbitration Rules set forth above or any Mass Arbitration rules published by the AAA or any other arbitration organization. In the event of any conflict, inconsistency, or difference between these Mass Arbitration Rules and the Individual Arbitration Rules, above, the Mass Arbitration Rules shall control.
   
   a. Any challenge to these Mass Arbitration Rules, including any disputes concerning whether all or any aspect or requirement of the Mass Arbitration Rules are or is valid or enforceable, shall be resolved exclusively by a court of competent jurisdiction, not by any arbitrator. No arbitrator shall be appointed nor any arbitration costs or fees assessed on you or Boyne, and all pending arbitrations stayed, until such court action (including appeals) is concluded fully and finally.
   
   b. Each Mass Arbitration Claimant must comply with the Informal Settlement Process set forth above as a mandatory condition precedent to commencing or proceeding to the mandatory mediation and post-mediation arbitration provided for under these Mass Arbitration Rules. The Informal Settlement Process may be completed collectively through the lawyers or representatives of the Mass Arbitration Claimants. In addition to a Rule 11 Certification, lawyers representing the Mass Arbitration Claimants shall provide a certification, under oath, they have the full authority to arbitrate, mediate, and settle all Disputes raised by each of the Mass Arbitration Claimants.
   
   c. If the Informal Settlement Process fails for any or all of the Mass Arbitration Claimants, counsel for Mass Arbitration Claimants and counsel for Boyne will then each select not more than two (2) non-settling Mass Arbitration Claimants (totaling not more than four (4), with an equal number selected by each side) for initial arbitrations (the “Initial Arbitrations”) intended to inform and benefit settlement discussions between the parties in addition to resolving those Disputes. No other arbitrations shall be commenced by the Mass Arbitration Claimants until after the completion of the Initial Arbitrations and the mandatory mediation described below. Each Initial Arbitration will be decided under the Individual Arbitration Rules, above, with each case assigned to a different arbitrator. The Initial Arbitrations must be conducted, and final, reasoned decisions issued, within one-hundred twenty (120) days of their commencement.
   
   d. Upon completion of all Initial Arbitrations, the parties’ counsel or representatives shall participate in good faith mandatory mediation for a period of sixty (60) days seeking to resolve all unresolved Disputes of Mass Arbitration Claimants (the “Mandatory Mediation”). 
   
   e. To prevent the Disputes asserted by the Mass Arbitration Claimants from expiring, all statutes of limitation for those Disputes will be stayed during the Informal Settlement Process, the Initial Arbitrations, and the Mandatory Mediation.
   
   f. Mass Arbitration Claimants whose Disputes remains unresolved at the conclusion of Mandatory Mediation (the “Unresolved Disputes”) shall pursue their Disputes in small claims court (if eligible) or through a documents-only arbitration with FairClaims. The applicable FairClaims rules shall be either the Small Claims or Fast Track rules depending on the Dispute amount, as set forth here https://www.fairclaims.com/ (or any successor website on which FairClaims posts its applicable rules) in effect at the time their Dispute arose. Decisions from the Initial Arbitrations can be presented in FairClaims arbitrations by Mass Arbitration Claimants or us for their persuasive value but shall not be binding. Discovery obtained in the Initial Arbitrations may also be used in connection with any small claims court case or FairClaims arbitration. If FairClaims is unavailable or unable to hear the Unresolved Disputes, the parties shall use their best efforts to find a substitute arbitration organization to hear the Unresolved Claims through a process having comparable cost, speed, and efficiency to FairClaims.
   
   g. Each requirement of these Mass Arbitration Rules is material and mandatory. If any of these requirements is determined to be void or unenforceable for any reason in a court action (including appeals) that is concluded fully and finally, or if the parties are unable to find a substitute arbitration organization if required to do so under paragraph (f), above, the Unresolved Disputes shall be resolved in the state and federal courts of Michigan, and not through arbitration, and you agree to the personal jurisdiction of those courts for all such actions. Boyne shall have the right to request such a case be removed to federal court if it so qualifies. If any court action allowed for and commenced under this provision is pursued as a class action, the class shall be limited to the Unresolved Disputes. A ruling that the Mass Arbitration Rules or any aspect of them are invalid or unenforceable shall not affect the validity or enforceability of any other parts of the Terms & Conditions including the Dispute Resolution Agreement. This Dispute Resolution Agreement shall survive any termination, expiration, or nullification of any or all the Terms & Conditions.
   
   
4. SITES AND APPS AVAILABILITY AND ACCURACY
   The Sites and Apps are provided on an “as is” and “as available” basis only. We do not guarantee that the Sites and Apps (and associated servers) will always be available, functional, or error-free. If you are unhappy with, aggrieved, or harmed in any way by the availability, functionality, or content of the Sites or Apps, your sole and exclusive remedy is to stop using the Sites and Apps. We try to be accurate, but mistakes can happen. We may correct errors in the content of the Sites and Apps (including descriptions and prices) at any time and without liability to us — even after you place an order at an erroneous price or we accept that order, and even if you have otherwise acted in reliance on any errors. You agree that we may at any time cancel or change any order affected by a pricing or other error without liability.
   
   
5. WARRANTY AND DAMAGES LIMITATIONS; INDEMNIFICATION
   
   WARRANTY LIMITATIONS. TO THE FULLEST EXTENT ALLOWED BY LAW, WE MAKE NO WARRANTIES, PROMISES, OR GUARANTEES ABOUT THE SITES, APPS, OR SERVICES OR THEIR CONTENT AND FEATURES, INCLUDING PROMISES THAT THEY ARE SUITABLE FOR YOUR NEEDS, FREE FROM PROBLEMS, OR THAT THEY WILL NOT INFRINGE OTHERS’ RIGHTS.
   
   DAMAGES LIMITATIONS. TO THE FULLEST EXTENT ALLOWED BY LAW, NEITHER WE NOR ANYONE ACTING ON OUR BEHALF (INCLUDING ALL EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, OR INDEPENDENT CONTRACTORS) ARE RESPONSIBLE FOR INDIRECT OR SECONDARY LOSSES OF ANY KIND — SUCH AS LOST PROFITS, LOST DATA, AND CONSEQUENTIAL DAMAGES — THAT MAY RESULT FROM YOUR USE OF THE SITES, APPS, OR SERVICES, OR FOR ANY PUNITIVE OR EXEMPLARY DAMAGES. THESE LIMITATIONS APPLY EVEN IF WE KNEW OR WERE TOLD SUCH LOSSES WERE POSSIBLE OR IF ANY LIMITED REMEDIES WE OFFER AVAILABLE FAIL IN THEIR ESSENTIAL PURPOSE.
   
   INDEMNIFICATION. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS BOYNE AND ALL OF ITS OFFICERS, DIRECTORS, AGENTS, SUPPLIERS, AND LICENSORS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, EXPENSES, SUITS, AND ATTORNEYS’ FEES, ARISING IN ANY WAY FROM YOUR ACCESS TO OR USE OF THE SITES, APPS, AND SERVICES, INCLUDING ANY VIOLATIONS OF THE TERMS AND ANY INFRINGEMENT ON THE RIGHTS OF OR HARM OF ANY KIND TO OTHERS.
   
   MATERIAL TERMS. THE FOREGOING LIMITATIONS AND INDEMNIFICATION PROVISION ARE EACH ESSENTIAL AND MATERIAL PARTS OF THE TERMS AND YOU ACKNOWLEDGE THAT WE WOULD NOT ALLOW THE USE OF THE SITES AND APPS, OR THE OBTAINING OR USE OF THE SERVICES WE PROVIDE, WITHOUT YOUR AGREEMENT TO THEM. THE LIMITATIONS SHALL APPLY TO ALL DISPUTES BETWEEN YOU AND US.
   
   JURISDICTIONAL LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF WARRANTIES OR DAMAGES AND INDEMNIFICATION PROVISIONS IN CONSUMER CONTRACTS. ACCORDINGLY, SOME PARTS OF THIS SECTION MAY NOT BE ENFORCEABLE AGAINST YOU. WE URGE YOU TO CONSULT YOUR LOCAL LAWS.
   
   
6. INTELLECTUAL PROPERTY RIGHTS 
   You should assume that everything you see or read on the Sites and Apps and their functionality is protected by copyright, trademark, trade dress, or patents unless otherwise noted and may not be used except as provided in the Terms or with the written permission of Boyne. 
   
   For avoidance of doubt, all material included on and underlying the Sites and Apps, including all code, text, graphics, logos, images, photographs, audio clips, digital downloads, data compilations, and software, including, without limitation, the selection, compilations, sequence and “look and feel” and arrangement of items and content (the “Content”), is the exclusive property of Boyne and/or third-party licensors and is protected by United States and international copyright, trademark, patent, or other intellectual property laws. Modification or use of the Content, except as expressly provided in the Terms, violates Boyne’s intellectual property rights. Nothing posted on the Sites and Apps grants a license to any Boyne intellectual property rights, whether by implication, estoppel, or otherwise. Any rights not expressly granted herein are reserved.
   
   The trademarks, logos, and service marks displayed on the Sites and Apps (collectively the “Trademarks”), or otherwise associated with the Services, are registered and unregistered trademarks of Boyne and our advertisers, licensors, suppliers, and others. The Trademarks owned by Boyne, whether registered or unregistered, may not be used in connection with any product or service that is not offered by Boyne, in any manner that is likely to cause confusion with customers, or in any manner that disparages Boyne. Nothing in the Terms, however, restricts you from publishing reviews of the Sites, Apps, or Services, subject to any applicable law.
   
   Nothing contained on the Sites and Apps or these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Content (including trademarks) without the express written permission of Boyne, our licensors or suppliers, or the third-party owner of any such Content. Misuse of any Content is prohibited, and Boyne will enforce our intellectual property rights in such Content, including via civil and criminal proceedings.
   
   You agree not to:
   
   (1) Monitor, gather, copy or use for any purpose related to the development of any kind of artificial intelligence (including large language models) any Content, including by using any robot, “bot,” spider, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind.
   
   (2) Frame or utilize framing techniques to enclose any Trademark or other Content (including, without limitation, any images, text or page layout).
   
   (3) Engage in any activities through or in connection with the Sites and Apps that seek to attempt to harm minors or are unlawful, offensive, obscene, threatening, harassing, abusive or that violate any right of any third party. Attempt to circumvent the security systems of the Sites and Apps.
   
   (4) Attempt to gain unauthorized access to the Sites and Apps or Services, materials, other accounts, computer systems, or networks connected to any Boyne server.
   
   (5) Attempt to use the Sites and Apps for any purposes other than those intended by Boyne, as determined by Boyne in its sole discretion.
   
   (6) Upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers, or other equipment.
   
   (7) Engage in any activity that interferes with a user’s access to the Sites and Apps or the proper operation of the Sites and Apps.
   
   (8) Upload, post, e-mail, transmit, distribute or otherwise publish any message, information, text or other material that may be considered to be unlawful, harmful, libelous, tortious, defamatory, obscene, vulgar, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, hateful, or racially, ethnically or otherwise objectionable (“Objectionable Material”).
   
   (9) Upload or transmit any Objectionable Material that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission, any rules of any securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the NASDAQ.
   
   (10) Upload, e-mail, transmit, or otherwise make available any Objectionable Material that might infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary rights of any party.
   
   (11) Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity or otherwise use the Sites and Apps and/or obtain Services on behalf of any other person without lawful authorization to do so.
   
   (12) Without Boyne’s written permission, distribute, publish, or make available any unsolicited or unauthorized promotions, advertising or solicitations for funds, goods or services.
   
   
7. ADDITIONAL TERMS
   
   Permitted Uses of the Sites and Apps. You agree to use the Sites and Apps only for the reasons for which they were designed, and you will not use the Sites and Apps and their content for any purpose contrary to law, public order, morality, or generally accepted standards of decency; this means you cannot host, store, disclose, publicize, distribute, or share any material or information which is illegal, racist, obscene, pornographic, abusive, defamatory, misleading, or fraudulent, or use the service to defame, intimidate, threaten, or harass other users or infringe upon their image rights. Boyne will not be held liable for content or images posted by users, although if it identifies any content which is not suitable for publication, Boyne reserves the right to delete it as soon as it comes to its attention. You agree to no scraping, crawling, or automated data extraction from the Sites or Apps, to not use the Sites and Apps for artificial intelligence training of any kind, and to engage in no data mining or harvesting on the Sites or Apps.
   
   Electronic Communications. You consent to receive electronically all notices required by law or by these Terms.
   
   Right To Assign Agreement. Boyne has the unrestricted right to assign this agreement and transfer its rights and obligations under the Terms & Conditions to another company or individual.
   
   Minors. This site is not designed or intended for use by minors. To extent it is accessed by minors, parents are fully responsible for such use.
   
   Force Majeure. Neither you nor Boyne shall be held liable or responsible to the other party nor be deemed to have defaulted under or breached these Terms due to any failure or delay in fulfilling or performing any obligation under the Terms when such failure or delay is caused by or results from causes beyond that party’s reasonable control, including but not limited to fire, floods, embargoes, war, acts of war, insurrections, riots, strikes, tariffs, lockouts or other labor disturbances, or acts of God; provided, however, that the party so affected shall use reasonable efforts to avoid or remove such causes of nonperformance, and shall continue performance hereunder with reasonable dispatch whenever such causes are removed.
   
   Third-Party Links. The Sites and Apps may contain links to third-party websites that are not under Boyne’s control. Boyne makes no claim and accepts no responsibility regarding the quality, nature, or reliability of those websites. Boyne provides such links to you as a convenience only and the inclusion of any link does not imply endorsement by Boyne or any association with the operators of such websites. You are responsible for understanding the privacy statements and terms of use posted at any third-party sites.
   
   No Endorsement. Reference to any third-party products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise, does not constitute or imply endorsement, sponsorship, or any recommendation by Boyne.
   
   International Use. Boyne makes no representation that the materials on the Sites and Apps are appropriate or available for use in locations outside the United States and Canada. Access to the Sites and Apps from countries or territories where such access is illegal is prohibited. Those who choose to access the Sites and Apps from outside the United States or Canada do so at their own initiative and are responsible for compliance with local laws.
   
   Modifications to the Sites and Apps. You agree that Boyne has the right to change any aspect of the Sites and Apps, or discontinue them in part or entirely, without liability and without notice to you.
   
   Changes to the Terms. You agree that Boyne can provide notice to you of any changes to the Terms by posting the updated Terms on the applicable Sites and Apps, changing the Effective Date set forth in the Terms, and, at Boyne’s sole discretion, notifying you by such other means as we may deem appropriate. Changes to the Terms will become effective on the date they are posted to the Sites or on the Apps. By continuing to use the Sites and Apps after the effective date of the changed Terms, you agree to be bound by those changes as of their effective date.
   
   Right to Monitor and Revoke Rights. Boyne shall have the right to monitor use of the Sites and Apps to determine compliance with the Terms and revoke your rights to access and use the Sites and Apps without liability if Boyne, in its sole discretion, determines that you have violated the Terms or any applicable law.
   
   Accessibility. At Boyne, we are committed to ensuring that our content is accessible to persons with disabilities, including, but not limited to, visitors using screen reader software and other assistive technologies. We take accessibility seriously and work diligently to make content accessible, utilizing WCAG 2.1AA as a guide. If you experience any difficulty accessing any part of our content or need help, please email us at info@boyneresorts.com or call us at 231.439.4750. We will work with you to address your questions or concerns, including providing information through an alternate communication method that is accessible to you, if appropriate.
   
   No Responsibility for Inaccurate Geographic Information. Geographic information contained in the Sites and Apps is for guidance purposes only. Common sense should always be applied, especially in situations of real risk. Similarly, for technical reasons, the Sites and Apps might not show updated geographic information, and Boyne is under no obligation to keep such matters up to date. As a result, you use such information at your own risk, and Boyne will not be liable for any losses, damage, or injuries resulting from your reliance on geographic information contained in the Sites and Apps.
   
   Venue. Unless otherwise provided by the Terms, including in the Dispute Resolution Agreement, you agree to the exclusive jurisdiction of the federal and state courts of the state of the State of Michigan to adjudicate matters arising out of or related to these terms, and consent to the personal jurisdiction of such courts. 
   
   Choice of Law. Unless otherwise provided by the Terms, including in the Dispute Resolution Agreement, the interpretation and application of these Terms shall be governed by the laws of the State of Michigan without giving effect to any choice of law principles.
   
   No Waiver. No waiver of or change to any part of the Terms shall be effective unless agreed to in a writing signed by you and Boyne. No written waiver of or change to any part of these Terms will constitute a waiver of any other provisions or as to any other or further breach of the Terms.
   
   Severability. If any provision of these Terms is determined to be illegal or unenforceable for any reason, it shall be severed from the Terms, and the balance of the Terms shall continue to be fully valid, binding, and enforceable.
   
   
8. CONTACT INFORMATION AND COMMUNICATIONS
   Except as otherwise provided in these Terms & Conditions, please contact Boyne via email at info@boyneresorts.com, by telephone at 231.439.4750, or by mail at 3951 Charlevoix Avenue, Petoskey, MI 49770. Please include with any correspondence information that will help us assist you with your inquiry, request, or Dispute, together with your name, mailing address, and email address. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Privacy Policy

Recent Changes to Our Privacy Policy (3/2026 Version)

• Provide additional clarity around data collection, usage, retention and sharing, including through cookies and similar technologies.
• Update our notification of changes segment.
• Offer updated information around consumer privacy rights, in response to recent legal changes in the United States.
• Include an appendix applicable to our Canadian guests and users.

UPDATED: March 10, 2026

A printer-friendly PDF of this Privacy Policy can be downloaded here.

We value your privacy and believe that being transparent about the information we capture, and how it will be used, can empower you to have more control over your personal information. This Policy outlines these details, including how we will respect your information and communication preferences as we work to strengthen our relationship with you over time. We collect the personal information of our guests and prospective guests (collectively “Guests”) to enable us to provide the best experience possible and to enable you to discover the best possible products and services for the experience you seek.

By using any of our websites (“Websites”) or mobile apps, by contacting our customer service center, or by visiting at any of our resorts or properties, you agree to the collection of personal information as described in this Privacy Policy, and you also agree to our Terms, which are expressly incorporated into this Privacy Policy. Please read this Privacy Policy and our Terms carefully.

Canadian Users: Please see the Canada Notice in Appendix A for additional information that applies to Guests of our Canadian operations.

Who We Are

Boyne USA, Inc., d.b.a. Boyne Resorts owns and operates websites covering its resorts, properties, and other user experiences. This Policy applies to any of the interactions that you could have with any of these properties or websites:

• Bay Harbor Golf Club, Bay Harbor, MI, USA
• Big Sky Resort, Big Sky, MT, USA
• Boyne Country Sports (boynecountrysports.com)
• Bloomfield Hills, MI, USA
• Grand Rapids, MI, USA
• Novi, MI, USA
• Petoskey, MI, USA
• Traverse City, MI, USA
• Wixom, MI, USA
• BOYNE Golf, Boyne Falls, MI, USA
• Boyne Michigan Pass (boynemichiganpass.com)
• Boyne Mountain, Boyne Falls, MI, USA
• Boyne Realty, Boyne Falls, MI, USA
• Boyne Rewards (boynerewards.com)
• Boyne Resorts (boyneresorts.com)
• Boyne Resorts Michigan (boyneresortsmichigan.com)
• Brighton Resort, Brighton, UT, USA
• Country Club of Boyne, Harbor Springs, MI, USA
• Crooked Tree Golf Club, Petoskey, MI, USA
• Cypress Mountain, Vancouver, British Columbia, CAN
• Gatlinburg SkyPark, Gatlinburg, TN, USA
• Inn at Bay Harbor and Cottages at Bay Harbor, Bay Harbor, MI, USA
• Pleasant Mountain, Bridgton, ME, USA
• Loon Mountain Resort, Lincoln, NH, USA
• Loon Real Estate (loonrealestate.com)
• New England Pass (newenglandpass.com)
• Sugarloaf, Carrabassett Valley, ME, USA
• Mountainside Real Estate (sugarloafmountainside.com)
• Sunday River, Bethel, ME, USA
• Sunday River Real Estate (sundayriverliving.com)
• The Highlands, Harbor Springs, MI, USA
• The Summit at Snoqualmie, Snoqualmie Pass, WA, USA
• Tough Mountain (toughmountain.com)
• Wife Carrying In North America (wife-carrying.org)

When And How We Collect Data

Boyne Resorts collects personal information at various touchpoints throughout a Guest’s journey with Boyne Resorts, including:

• Purchases at our resorts through any purchase channel
• Lodging, spa, and tee time reservations
• Equipment rental forms
• Snowsports school, lesson, childcare and resort activity forms
• Golf club membership forms
• Spa and fitness center membership forms
• Forms, registrations, inquiries submitted on our websites
• Fishing and guide service registrations
• BoyneRewards membership and account
• Cookies, pixels, log files and device ID are captured on our mobile apps and Websites
• When a season pass or lift ticket is scanned
• Device information and timing from a Guest when connected to onsite wifi
• Website browsing activity, visitation timing, heatmaps, and session recordings
• Interactions with our brands through social media
• From a third-party data provider to validate or improve Guest profiles
• Surveys and other feedback submitted to us
• In-resort beacons and location data services that are connected to our mobile apps and Websites
• When purchasing through a third party a product/service that provides access to our resorts, such as a multi-resort pass

Overview Of Data Collected And Details On Usage

Our primary goal in collecting your information is to provide you with a personalized, relevant, and positive experience with Boyne Resorts. Generally, we use the information that you share with us to deliver products and services you have purchased, customize our communications to you or personalize your use of our websites, and suggest relevant products and services to help you achieve the best possible experience while visiting our resorts. We also analyze this information to identify purchase behavior, trends, and other data to help us improve our products and services over time.

We may also use the information you share with us to manage your account; to respond to inquiries or requests by you; to respond to law enforcement requests and as permitted or required by applicable law, court order, or governmental regulations; and for other business purposes disclosed to you at the time we collect or receive the personal information, or otherwise with your consent.

During the normal course of business, Boyne Resorts may collect any of these types of information from Guests:

• Data that identifies a particular Guest (such as first name, last name, email, addresses, phone, date of birth)
  • Our mobile apps, e-commerce stores, and Websites gather identifying information to allow us to personalize your experience, deliver a product or service, communicate about a purchase, prevent fraud, or access your account.
  • Contact information may be used to respond to your requests for technical assistance, to communicate about your purchases, or for marketing or advertising.
• Transaction information (purchase, visitation, and other usage history; payment information including credit card, billing addresses and similar information)
  • Required for us to complete a transaction and successfully deliver the products or services purchased.
  • Purchase, visitation, and usage history may be used to suggest products and services you may be interested in for the future.
  • Please note that Boyne does not store, archive, or otherwise retain complete credit card information.
• Survey feedback (Guest experience at a resort, with a particular department, staff member, or other feedback shared with us)
  • Survey feedback is used to improve our offerings or resolve customer issues.
• Demographic data (date of birth, household income, gender, skier/snowboard ability level, family or friend connection (if provided), height, weight, shoe size, and other information related to equipment rentals)
  • Demographic information may be used to deliver a product or service (such as equipment rentals), to personalize our communication to you, or to analyze and better understand our Guests to allow us to expand and improve our offerings.
• Expressed interests and preferences (such as allergies to accommodate) or inferences (system-generated predictions about your interests and preferences).
  • Inferences, interests and preferences are used to personalize our communications to you, to suggest products and services you may be interested in for the future, to analyze and better understand our Guests in order to allow us to expand and improve our offerings, and to deliver a product or service.
• Geolocation data (which lifts are used to access the mountain, location and time that a Guest validates a pass or ticket product, lap tracking, and locations where purchases are made)
  • With your consent, geographic information captured by our mobile apps is used to provide further context to activity on our resorts and to support run tracking and leaderboard features of the app. You must specifically “opt in” if you want to share your location, and you can withdraw this consent at any time.
• Website and mobile app behavioral information (pages viewed on our websites, including when and how long each is viewed; links and buttons clicked and interaction with certain features of our websites; products added to a cart; and abandoned carts)
  • Our websites and mobile apps may gather and send analytical usage information through cookies and other local storage devices. This helps us analyze mobile app and Website usage and resolve technical issues.
• Photographs and video (security photos and video, season pass photos, photos captured on resort)
  • Photos and video may be used for security and loss prevention.
• Device information (IP address, device IDs, device type, device model, screen size, browser, and other device information)
  • Device information is used for customer analytics and publishing of digital content.
• Engagement information (tracking social media following, advertising views, email openings, and link clicking)
  • Engagement information is used to personalize our communication to you.
• Loyalty program information (points accrual, redemption history, receipts, member numbers, and member status and history)
  • Used to administer our BoyneRewards program and award you points.

Unless unsubscribed from our marketing communications, Guests or other inquirers or customers may receive email messages, targeted advertising on social media and other third-party websites, direct mail, or other forms of marketing message delivery from us. For more information on your ability to opt out of these communications, see “Your Privacy Rights,” below. You may also receive SMS text messages, phone calls, and push messages if you’ve opted in to receive communications on those channels. Note that this paragraph may not apply to our Canadian Guests; please see our Canada Notice in Appendix A for any specific requirements applicable to our Canadian Guests.

Cookies And Pixels

We use cookies, pixel tags, web beacons or similar technologies to provide the functionality behind our Websites, to better understand the ways our Websites are used, and to serve personalized advertising messages and measure the effectiveness of our marketing efforts. We may also use clear pixels or similar technologies in emails to track deliverability and open rates. Moreover, information concerning visitors to our site and their activities on the Websites is sent by your browsing software to third-party service providers and online advertising networks using JavaScript, clear pixels, and/or similar technologies

There are three primary types of cookies:

• Session cookies are specific to a particular visit and carry information as you view different pages so you don’t have to re-enter information every time you change pages. Their goal is to make individual web pages load faster and improve website navigation. Session cookies expire and delete themselves automatically in a short period of time like after you leave the website or when you close your web browser.
• Persistent cookies remember certain information about your preferences for viewing the website and allow Boyne Resorts to recognize you each time you return. Persistent cookies are stored on your browser cache or mobile device until you choose to delete them, and otherwise typically delete themselves at expiration.
• Third-party cookies are placed by a party other than Boyne Resorts and may gather browsing activity across multiple websites and across multiple sessions. They are usually a type of persistent cookie and are stored until you delete them or they expire based on the time period set in each third-party cookie. Most notably, third-party cookies allow third-party servers to show you items that you’ve shown interest in, either directly or indirectly.

Cookies store data about your use, but they are helpful because they allow us to help our Websites function and customize your experience.

Some devices or web browsers can be configured to signal a user’s privacy preferences to websites. You are welcome at our Websites if you use this software but we will not be able to offer you our personalized services. It is our intention to respect customers’ valid choices regarding their personal information, whether communicated by completing the Privacy Request form, by adjusting your preferences around online data collection via our “Cookie Preferences” tool, or by communicating an opt-out preference via our Do Not Sell or Share link or a recognizable user-enabled opt-out signal that meets the requirements of provincial and state law. At this time, our Websites are configured to recognize the Global Privacy Control (“GPC”) signal as a request to opt out of the sale of personal information, and users who visit our Websites with the GPC enabled will have all but essential cookies blocked on our Websites. We do not respond to other types of “do not track” signals. You may change your cookie preferences at any time by visiting our “Cookie Preferences” tool.

Chat Technology:

Our site uses both an automated customer service and a live customer service chat feature to respond to customer inquiries. These chat features collect personal information, including but not limited to email address and the content of chat communications. Conversations with both our automated and live chat features are recorded for quality assurance.

Who Has Access To Data / Data Sharing

Boyne Resorts limits handling of Guest data to certain personnel at our resorts who need access to personal information for purposes of their job duties, including information technology team members that maintain the systems that contain Guest data, marketing team members that are responsible for communicating information to our Guests, Guest service team members that are responsible for delivering products and services purchased, and business analysts that are responsible for financial reporting and/or other analysis to ensure the health of our business.

This data is shared internally between our resorts and properties, and it may be shared with third parties that we have partnered with to deliver a shared product or service, such as the Ikon Pass provided by Alterra. For purposes of providing a service or enabling our business, your personal information may be shared with service providers that help us: (a) manage data for marketing purposes, (b) offer lesson management and post lesson report card delivery, (c) support our Websites, (d) operate our mobile apps, (e) deliver lodging Guest services and messaging support, (f) operate surveys, and (g) market and advertise our products and services.

Shippers: We may use an outside shipping company to fulfill orders and a credit card processing company to bill for our products and services. These companies do not retain, share, store or use personal information for any other purpose.

Guest contact database management: Boyne Resorts may use a third party to keep Guest contact information current and validate or improve the accuracy of the Guest profile that Boyne Resorts maintains. In addition to providing other information, this third party may validate mailing addresses, including review of change-of-address forms submitted to United States Postal Service or Canada Post. Boyne Resorts’ Guest database is not updated following this process.

Session Replay: Our Websites also make use of session replay analytics tools to help us reconstruct the user experience on the Websites. These tools collect data on our behalf. We use them to troubleshoot issues with and improve user experience on our Websites. The tools provide insight into what works and what doesn’t work for users of the Websites, and it allows us to, for example, identify and repair technical errors such as broken links that impair Website functionality. We may also use the tools to authenticate users, enable Website features, prevent fraud, and implement security measures. The tools use cookies and similar technologies to collect and analyze information related to user behavior on our Websites, such as mouse movements, clicks, user inputs, scrolling, access times, visit duration, pages viewed, IP address (including location), operating system, page reloading, crash data, performance data, and other diagnostic data. The tools also collect name, email address, phone number, and physical address.

Analytics Providers: Our Websites use analytics tools such as Firebase Google Analytics, Google Analytics 4, SiteImprove, and Crashlytics. These tools use cookies to help the Websites analyze how you use the Websites. The information generated by the cookies about your use of the Websites (including your IP address) will be transmitted to these entities and stored in aggregate form. In turn, they may use this aggregated information in order to evaluate use of the Websites, compile reports on the Websites’ activity and other services relating to Website activity and usage. You can learn more about how Google Analytics and how to opt out here: https://tools.google.com/dlpage/gaoptout.

Social Media: Our Websites may include functionality that allows certain kinds of interactions between our Websites and your account on a third-party website or application. For example, we may provide links on our Websites to facilitate sending a communication from our Websites, or we may use third parties to facilitate emails, posts or Facebook, Instagram, X, YouTube or Pinterest postings. If you follow Boyne Resorts or any of our brands on social media sites, we may collect personal information when you communicate with us within the social media sites or use functionalities, plugins, widgets, or tools from social media platforms or networks in connection with our Websites (e.g., to log into an account, or to share inspiration, finds, purchases, and other content with your friends and followers on social media) or when you click “Share This” or “Like” buttons. The use of this functionality may involve the third-party site providing information, including personal data such as first and last name, email address, mailing address.

Business Transition: In the event Boyne Resorts experiences a business transition such as a merger, acquisition by another company, or sale of all or a portion of its assets, personal information of Guests will likely be among the assets transferred. Notification of such change in ownership or control of Guest information will be posted on our Website, www.boyneresorts.com.

Legal: We reserve the right to disclose personal information as permitted or required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our company.

With Your Consent: We also may share or disclose your personal information with your consent or at your direction.

Data Security

We are committed to maintaining appropriate physical, electronic, technical, organizational, and administrative measures to safeguard the security of your personal information. We have developed databases that hold Guest information, with best practices used to secure and protect that data from malicious attempts to obtain all or parts of that data. There are always weaknesses in any technology solution, so we cannot guarantee that we are able to protect that data against all malicious attacks, but we unwaveringly strive to do so.

These databases are hosted on secure servers that we maintain at our properties, or on secure servers maintained by third-party providers that we have partnered with to help us provide a great Guest experience.

Child Privacy

Our Websites and mobile apps are not intended for people under the age of eighteen (18) years. If you are under the age of eighteen (18) years, you may use these Websites and mobile apps only with the involvement and under the supervision of a parent or legal guardian. If you are under the age of eighteen (18) years, do not use or provide any information on these Websites or on mobile apps. If we learn we have collected or received personal information from a person under the age of eighteen (18) years without verification of parental consent, we will delete that information.

Third Parties

Our sites may include links to third parties, and once a visitor leaves one of our Websites, we cannot control or access the information that third party collects. We allow third-party businesses (including restaurants, retail stores, lodging, and other service providers) to operate at some of our resorts and they may independently collect information about you through the course of any business interactions that you have directly with them. Once you leave our Websites or are redirected to a third-party website, application, or business, you are no longer governed by this Privacy Policy or our Websites’ Terms. We are not responsible for the content or privacy policies or practices of third parties.

Your Privacy Rights (U.S.)

The laws of several states provide residents with certain consumer privacy rights. We currently allow all our U.S. customers the ability to make the requests identified below, regardless of state of residency, but reserve the right to prioritize requests received from residents in states where these options are required by law.

• Request to Opt Out: Boyne Resorts does not sell your personal information to third parties. However, we do share it for the marketing purposes we’ve described above. You have the right to direct us not to share it for purposes of cross-context behavioral marketing, and the right to opt out of the processing of personal information for purposes of targeted advertising. You may complete the Privacy Request form, click on our Do Not Sell or Share link, email us at privacy@boyneresorts.com, or you may call us toll-free at 844.207.8317.

Statement re the Use or Disclosure of Sensitive Personal Information. Boyne Resorts limits its collection and use of sensitive personal information as follows:

Should you disclose any information regarding allergies while dining, lodging, or otherwise enjoying the offerings at our resorts, this information may be considered sensitive personal information under certain provincial and state laws. Please be advised that the use of any such data will be used by Boyne Resorts solely to facilitate your visit with us, and not for any marketing purposes.

If you choose to enable location tracking on Spotlio, Boyne Resorts will receive geolocation data as to your location within our resorts. If you further choose to opt-in to geofenced location marketing through the use of that data, Boyne Resorts will send you alerts as to events and offers specific to nearby areas to you. Both geotracking through your Spotlio app and geofenced marketing offers require your explicit opt-in consent, which you may withdraw at any time.

Additionally, any season pass will include a photograph of you for verification purposes in order to prevent improper use and avoid security incidents. Use of these photographs is limited for these business purposes and the pictures will not be used for marketing purposes.

Finally, Boyne Resorts may collect personal information, including sensitive personal information, pertaining to the children of resort guests if provided in connection with child care services and snowsports classes.

• Request to Know and Access: You have the right to know whether we are processing your personal information and request that we disclose a report of your personal information, including the categories and specific pieces of personal information we have about you, the categories of sources from which the personal information has been obtained, the business or commercial purpose for collecting, selling, or sharing personal information, and the categories of third parties to whom we disclose personal information (as well as which categories of information were disclosed). Residents of Oregon and Minnesota have the additional right to receive a list of specific third parties, other than natural persons, to which the business has disclosed personal information. Residents of Delaware, California, New Jersey, and Maryland have the right to obtain a list of the categories of third parties to which we have disclosed your personal information. Any such data will be provided in a format easily understandable to the average consumer, and to the extent technically feasible, in a structured, commonly used, machine-readable format. For additional information and to request your report, you may complete the Privacy Request form, email us at privacy@boyneresorts.com, or you may call us toll-free at 844.207.8317.

• Request to Delete: You have the right to request that we delete your personal information. Once we receive and verify your request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies. Due to the nature of some systems and maintaining data integrity within those systems, the outright removal of Guest information may not be possible. In these cases, every attempt is made to anonymize or pseudonymize the data so that it is not identifiable. For additional information and to request deletion of your personal information, you may complete the Privacy Request form, email us at privacy@boyneresorts.com, or you may call us toll-free at 844.207.8317.

• Request to Correct/Rectify: You have the right to request that we correct, rectify and/or update any of your personal information that is incorrect, incomplete or out of date. If you have created an online account, you may edit your personal information at any time. For additional information and to request that we correct, rectify and/or update your personal information, you may complete the Privacy Request form, email us at privacy@boyneresorts.com, or you may call us toll-free at 844.207.8317.

How To Exercise Your Privacy Rights

When you contact us to exercise your rights to know, delete, or correct your personal information, we will first verify your identity by asking you to confirm a few pieces of information that we have in our records, such as your email address, phone number, or address. If you are making a request to correct involving these items of information, we will work with you to find another means of verifying your identity that will not involve the subject matter of the request to correct. With a request to correct, we may also require information from you to demonstrate that our information is incorrect. This information shall only be used and/or maintained by us for the purpose of correcting your personal information and to comply with any record-keeping obligations we may have under the law. If you make a request online to delete your personal information, we may need to confirm your request before we delete your information.

You may use an authorized agent to exercise your opt-out rights described above. So as to ensure your privacy, we reserve the right to deny a request from an authorized agent who does not submit proof that they have been authorized to act on your behalf. For avoidance of doubt, parents may make a verifiable request on behalf of their minor child to exercise any consumer rights described in this Policy.

You may make a verifiable consumer request up to two times within a 12-month period, without charge. After that threshold, we may charge you a reasonable fee per request if permitted by applicable law. Unfortunately, we cannot respond to your request to delete or correct or provide you with personal information if we cannot verify your identity or authority to make the request and confirm that the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us.

We try to respond to a verifiable consumer request within 45 days of its receipt, and an opt-out request will be processed within 15 business days. If we require more time to respond to a verifiable consumer request, we will inform you of the reason and extension time period (up to 90 days). The response we provide will also explain any reasons we cannot comply with a request, if applicable.

You have a right to appeal any denial of a consumer right. If your request is denied in whole or in part, you have the right to appeal your decision within 30 days. We will review and respond to your request within 45 days, and if your appeal is denied, we will provide you with an explanation of our reasons and a description of any further rights you may have at that time.

Right to Equal Service: We will not discriminate against you for exercising your rights as a consumer under any applicable laws. Unless permitted by law, we will not:

• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

We may offer you certain financial incentives permitted by law that can result in different prices, rates, or quality levels. Any legally-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.

If you are just looking to opt out of marketing emails, you may alternatively follow this process:

You can opt out of receiving marketing messages from any of our resorts at any time by clicking the “Unsubscribe” link at the bottom of any marketing email we send you.

Notice At Collection (California)

Data Retention

We will only retain your information for as long as is necessary for the purposes for which it was collected and as set out in this Policy, as may be required by law (including for tax and accounting purposes), or as otherwise communicated to you. We conduct periodic reviews to ensure that your personal information is not kept longer than necessary, adequate, or relevant for our expressed purposes.

Changes To This Privacy Policy

If we decide to change our Privacy Policy, we will post those changes to this privacy statement, the homepage, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.

If we make a material change to our Privacy Policy that would lessen your privacy rights, we will either continue to honor our prior Policy, or we will ask for your consent to the change with respect to any previously-collected data. Otherwise, your continued use of the Websites once the revised Privacy Policy has been posted on the Websites affirms your agreement to such changes.

International Data

Boyne Resorts’ headquarters is in the United States and Boyne Resorts operates businesses in the United States and Canada. To support normal business operations, your personal information may be collected, used, disclosed, stored, processed, transferred, and retained in multiple countries including Canada and the United States which may be outside the region in which you are situated and may have different privacy or data protection legislation, and may therefore be subject to access in accordance with the laws of these countries.

Additionally, and as discussed above, we may also engage third parties to perform certain services on our behalf. These third parties may store, process and transfer personal information to jurisdictions that may not provide levels of data protection that are equivalent to those of your home jurisdiction. Your personal information may also be subject to law enforcement requests in such jurisdictions. Where required, we provide adequate protection for the transfer of personal information in accordance with applicable law, such as by obtaining your consent and/or setting up contractual obligations with our service providers and third parties.

Customer Support

Contact us in one of the following ways with any questions about this Policy or your privacy options:

• Submit a request with our Privacy Request form
• Email: privacy@boyneresorts.com
• Phone: 844.207.8317
• Mail: Boyne Resorts, 3951 Charlevoix Avenue, Petoskey, Michigan 49770

Appendix A – Canada Notice

Notice At Collection (Canada)

General

Canada Notice Scope and Application. This Appendix A applies only to Guests of our Canadian operations and supplements the Privacy Policy above with information specific to Canadian privacy laws and operations. This Appendix is intended to provide you with additional information about how we handle your personal information and your privacy rights. Where Canadian legal requirements differ from the practices described in the body of this Privacy Policy, the Canadian-specific provisions in this Appendix A govern our Canadian operations.

Consent

No obligation to provide personal information. You do not have to provide personal information to us. By voluntarily providing your personal information to us, you are consenting to our using and disclosing it for the particular purposes for which it was provided, for purposes that a reasonable person would expect under the circumstances, and for the purposes described in this Privacy Policy. If you do not consent to our processing, use, and disclosure of your personal information in accordance with this Privacy Policy, do not submit personal information to us.

We encourage you to read this Policy and visit the Websites to keep up to date of any changes to our personal information handling practices.

Opting Out / Withdrawing Consent. You may opt out and withdraw your consent to our use and disclosure of your personal information at any time by contacting us as set out below. The right to opt out is subject to exceptions in applicable law and includes instances such as when we need to process your personal information either to comply with applicable law or to deliver our products or services.

Marketing Communications

We will respect your marketing communications choices. We will only send you marketing communications if you have expressly opted in, or if an exception to consent applies, such as when you have an active account with us or have made a business transaction with us in the past two years. If you do not wish to receive marketing communications, you may choose to opt out by using the unsubscribe link (or texting STOP to any text message) in our communications to you.

Your Additional Rights

Exercising Your Rights. You may submit requests to exercise your rights, such as for access, correction, or deletion by submitting a request using our Privacy Request form, calling us at 844.207.8317, or via email to privacy@boyneresorts.com.

We may request specific information from you to help us confirm your identity and process your request. Whether or not we are required to fulfill any request you make will depend on a number of factors (e.g., why and how we are processing your personal information). If we reject a request you make (whether in whole or in part) we will let you know our grounds for doing so at the time, subject to any legal restrictions. Typically, you will not have to pay a fee to exercise your rights; however, we may charge a reasonable fee for access to your personal information. We will respond to your requests within a reasonable time and in accordance with legal requirements. In the event your request is particularly complex or if you have made a number of requests, it may take longer to process. In this case, we will notify you and keep you updated.

Contacting Us

Our Privacy Officer. We have appointed a Privacy Officer, who is responsible for our compliance with applicable Canadian privacy laws and the practices described in this Privacy Policy.

If you have questions or concerns about how we handle your personal information or how we have responded to your request, please contact us at: privacy@boyneresorts.com.

Inquiries and Concerns. We urge you to contact us first to find a solution for any concern you may have. We will consider all privacy inquiries and complaints, and investigate if appropriate. If you are not satisfied with our response or to our proposed resolution, you can contact the Office of the Information and Privacy Commissioner for British Columbia (https://www.oipc.bc.ca/).