LODGE IS OPEN ALL YEAR!

530 Lake Malone Rd, Lewisburg, KY 42256

+1 (270) 657-9580

Monday- 4:00PM to 8:00PM (Karaoke Night at 5PM)

Tuesday, Wednesday, Thursday - Closed

Friday - 4:00PM to 8:00PM

Saturday - 11:00AM to 8:00PM

Sunday - 11:00AM to 4:00PM (Brunch Buffet)

Miracle WResort, Limited Liability Corporation, DBA Shady Cliff Resort Web-Based

Services Terms of Service Agreement

Last Updated: June 10, 2025 1355pm-WHD

Welcome to Miracle WResort, Limited Liability Corporation, DBA Shady Cliff Resorts website (“We,” “Us,” or “Our”), for the lakeside resort located in Lewisburg, Logan County, Kentucky. This Terms of Service Agreement (“Agreement”) governs your access to and use of Our web-based services, supporting online reservations and obtaining information about the business. By accessing, using, or making reservations for any of Our Web-based Services, You (“You,” “Guest,” or “User”) agree to be bound by this Agreement and all applicable Kentucky and Federal laws.

If You do not agree with these terms, You must not use the Web-Based Services.

1. Acceptance of Terms

By accessing or using the Web-based Services, You confirm that You are at least 18 years old (or the age of majority in Kentucky) and have the legal capacity to enter into this Agreement, as required by all applicable Kentucky and Federal laws. You agree to comply with this Agreement, all applicable Kentucky and Federal laws.

2. Changes to Terms

We reserve the right to modify or update this Agreement at any time, at Our sole discretion. Changes will be effective upon posting to Our website (www.myshadycliff.com) or notifying You via email, signage, or other means, as required for contract modifications per all applicable Kentucky and Federal laws. Your continued use of the Web-based Services after such changes constitutes your acceptance of the revised terms. Written documentation of modifications is recommended to avoid disputes.

3. Access and Use of the Web-based Services

3.1 Eligibility

To use the Web-based Services, you must:

• Provide accurate and complete information when making reservations or creating an account (if applicable);

• Not use the Web-based Services for any illegal or unauthorized purpose under all applicable Kentucky and Federal laws.

3.2 Reservations and Accounts

Certain Web-based Services (e.g., lodge stays, event bookings, or marina rentals) require reservations or accounts. You are responsible for:

• Providing accurate booking information (e.g., name, contact details, payment information);

• Maintaining the confidentiality of any account credentials;

• All activities conducted under your account or reservation;

• Notifying Us immediately of any unauthorized use of Your account or reservation.

3.3 Permitted Use

You agree to use the Web-based Services only for lawful purposes and in accordance with this Agreement. You must act in good faith and deal fairly, as required by all applicable Kentucky and Federal laws.

You may not:

• Use the Web-based Services to violate any applicable Kentucky and Federal laws.

• Engage in disruptive behavior that interferes with other guests’ enjoyment of the Web-based Services;

3.4 Right to Refuse Service

We reserve the right to refuse service to any individual or group, at Our sole discretion, for reasons including but not limited to:

• Disruptive or unsafe behavior;

• Violation of this Agreement or Resort policies;

• Suspected illegal activity;

• Failure to comply with payment or reservation requirements. This right is exercised in accordance with all applicable Kentucky and Federal laws, to include the Kentucky Civil Rights Act, which prohibits discrimination based on race, color, religion, national origin, sex, age, or disability, and federal laws, including the Americans with Disabilities Act (ADA).

4. Specific Service Terms Web-based services regarding Reservations, Payments, Fees, and Taxes

4.1 Reservations

Payment must be provided at the time of reservation and confirmed before on-site services are delivered.

• Proof of identification and payment must be presented on-site before transaction is secured.

• All pets must be declared at time of reservation and upon on-site check in. All non-ADA Service animals will be subject to a $50 non-refundable pet fee. ESAs are not exempt from this policy.

• Bringing a non-reported pet or ESA into a non-pet-friendly room or other restricted area (e.g., Restaurant) will result in:

• A $200 cleaning fee per pet and per incident;

• Potential eviction from the premises without refund;

• Charges for any damage caused by the animal. Guests must disclose pets at booking or check-in to avoid these fees.

• We reserve the right to remove guests who fail to comply with pet policies or whose animals pose a safety risk, in accordance with all applicable Kentucky and Federal laws.

4.2 Payments & Deposits

Group Reservations for the Lodge/Event Center:

• Four weeks prior to the event date, or at time of booking if less than 4 weeks, the total amount due MUST BE PAID.

*Please see our cancellation policy in Section 5 regarding refunds or transfer for funds paid.**

*Please Note: The Booking Fee is NONREFUNDABLE regardless of cancellation.

• Marina: $200 Deposit is due at booking. Refundable minus gasoline refills and damages.

4.3 Fees

Web-based reservations require payment at the time of booking or service. All fees are non- refundable unless otherwise stated or required by applicable Kentucky and Federal laws. You authorize Us to charge applicable fees, including but not limited to: credit card processing fees, pet fees or damage charges, to Your provided payment method.

4.4 Taxes

We reserve the right to refuse service to any individual or group, at Our sole discretion, for reasons including but not limited to:

• You are responsible for applicable taxes, including Kentucky’s 6% sales tax, unless exempt.

• Transient room tax 4% for Lodge stays (Logan County, Kentucky), unless exempt.

• All credit card transactions incur a 3.4% convenience fee.

5. Cancellation Policies

5.1 Lodge

• Cancellations made 2 or more days before the check-in date receive a full refund of the deposit, minus a 10% processing fee.

• Cancellations within 48 hours of check-in or no-shows are charged one night stay.

• Early departures do not qualify for refunds.

• Miracle WResort, Limited Liability Corporation, DBA Shady Cliff Resort reserves the right to charge excess cleaning fee of $200 at their discretion.

• Group Reservations (blocked rooms): At time of room blocking, your You credit card will be placed on file and charged if room block is not removed or updated within 14 days of check-in date, for one night per room unoccupied or no-show, not to exceed the per room max charge for the seasonal rate listed for all lodging.

5.2 Event Center & Catering

• Cancellation Policy:

a. Cancellation outside of the four week period (28 days), you forfeit a 10% cancellation fee of the total amount paid.

b. Cancellation within a two-four week period (14-28 days), you forfeit HALF of the amount paid for the event.

c. Cancellation after the 7 day time frame, results in forfeiting the total amount paid.

d. Rescheduling the event prior to the two week period (14 days) before the event: fees paid will be used toward the new rental date total. *Only one reschedule will be allowed per event. Inclement weather is not cause for request to change at any time

unless deemed a FEMA declared Natural Disaster. *Rescheduling is dependent upon availability.

• Additional terms shall apply per the signed event contract.

• Changes to menu or guest count within 96 hours shall incur additional fees.

5.3 Marina

• You may Cancel with a full refund no later than 7 days prior to reservation. You can reschedule your dates within 7 days of reserved rental.

• Cancellations due to inclimate weather: Cancellations will only be refunded at the time of reservation if the weather is inclement. The option will also be available to reschedule due to weather.

• All cancellations must be submitted in writing via email to [email protected] or through our website myshadycliff.com. Refunds, if applicable, are processed within 10 business days.

6. User Content

6.1 Ownership

You retain ownership of any content you submit, post, or upload to the Web-based Services (e.g., event photos, reviews, or social media posts) (“User Content”). By submitting User Content, You grant Us a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, modify, and display such content for promotional purposes (e.g., on Our website or social media).

6.2 Responsibility

You are solely responsible for Your User Content and warrant that:

• It does not infringe on the intellectual property, privacy, or other rights of third parties, including trade secrets under all applicable Kentucky and Federal laws.

• It is accurate, lawful, and not misleading.

• It complies with this Agreement and all applicable Kentucky and Federal laws. We reserve the right to remove or disable access to any User Content that violates this Agreement or is objectionable.

7. Intellectual Property

7.1 Service Content

All content, features, and branding of the Web-based Services, including menus, logos, website designs, and promotional materials, are the exclusive property of Miracle WResort, Limited Liability Corporation, DBA Shady Cliff Resort or its licensors and are protected by Kentucky and federal copyright, trademark, and trade secret laws, all other applicable Kentucky and Federal laws.

7.2 Limited License

We grant You a limited, non-exclusive, non-transferable, revocable license to access and use the Web-based Services for personal, non-commercial purposes, subject to this Agreement. You shall not copy, modify, distribute, or sell any part of the Web-based Services without Our prior written consent.

7.3 Trade Secrets

Proprietary information (e.g., catering recipes, event planning strategies) is protected under all applicable Kentucky and Federal laws. You shall not disclose or use such information without authorization.

8. Privacy

Your use of the Web-based Services is subject to Our Privacy Policy, which describes how We collect, use, and protect Your personal information (e.g., reservation details, payment information). By using the Web-based Services, You consent to such practices. We comply with all applicable Kentucky and Federal laws, if applicable.

9. Termination

9.1 By You

You may cancel reservations or stop using the Web-based Services, subject to Our cancellation policies.

9.2 By Us

We may suspend or terminate your access to Web-based Services, with or without notice, if you:

• Violate this Agreement, Kentucky law, or resort policies (e.g., pet policies, payment requirements);

• Engage in conduct that harms the Web-based Services, other guests, or our business (e.g., property damage, disruptive behavior);

• Fail to pay outstanding fees or deposits. Upon termination, Your right to use the Web-based Services will cease, and We may cancel reservations, remove You from the premises, or charge applicable fees (e.g., for non-reported animals).

10. Disclaimers

The Web-based Services are provided on an “as-is” and “as-available” basis. To the fullest extent permitted by applicable Kentucky and Federal laws, We disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non- infringement. We do not guarantee:

• The availability of specific Web-based Services (e.g., marina rentals during adverse weather);

• The safety of water-based activities, which are subject to inherent risks;

• The accuracy of menus, pricing, or promotional materials, though We act in good faith.

11. Limitation of Liability

To the maximum extent permitted by all applicable Kentucky and Federal laws, Miracle WResort, Limited Liability Corporation, DBA Shady Cliff Resort and its affiliates, officers, directors, employees, or agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or personal property, arising out of or related to Your use of the Web-based Services, even if advised of the possibility of such damages. Our total liability to You for any claim will not exceed the amount you paid Us for the specific Web-based Service giving rise to the claim or $100, whichever is greater.

12. Indemnification

You agree to indemnify, defend, and hold harmless Miracle WResort, Limited Liability Corporation, DBA Shady Cliff Resort and its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, or expenses (including reasonable attorneys’ fees) arising out of:

• Your use of the Web-based Services;

• Your violation of this Agreement, Kentucky law, or resort policies;

• Your User Content;

• Your violation of third-party rights, including trade secrets under all applicable Kentucky and

Federal laws;

• Damage to resort property or injury caused by Your actions or Your pets.

13. Governing Law and Dispute Resolution

13.1 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky, without regard to its conflict of law principles.

13.2 Dispute Resolution

Any disputes arising out of or relating to this Agreement or the Web-based Services shall be resolved through binding arbitration in Lewisburg, Logan County, Kentucky, in accordance with the rules of the American Arbitration Association. Alternatively, disputes may be litigated in Logan County, Kentucky. You waive any objection to such venue or jurisdiction. Arbitration or litigation must comply with Kentucky’s requirements for fair dealing and written contracts.

14. Miscellaneous

14.1 Entire Agreement

This Agreement, together with the Privacy Policy, reservation confirmations, and any signed event/catering contracts, constitutes the entire agreement between You and Us regarding the Web-based Services. Oral agreements are enforceable only in limited circumstances under all applicable Kentucky and Federal laws.

14.2 Severability

If any provision of this Agreement is found to be invalid or unenforceable under all applicable Kentucky and Federal laws, the remaining provisions will remain in full force and effect.

14.3 Waiver

Our failure to enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.

14.4 Assignment

You may not assign or transfer Your rights or obligations under this Agreement without our prior written consent. We may assign this Agreement without restriction.

14.5 Force Majeure

We will not be liable for any failure to perform Our obligations due to causes beyond Our reasonable control, including acts of God, internet, malicious activity, severe weather, or government restrictions (e.g., hackers, or specific business restriction or closures imposed by proper authorities).

15. Contact Us

If you have any questions or concerns about this Agreement or the Web-based Services, please

contact us at:

Miracle WResort, Limited Liability Corporation, DBA Shady Cliff Resort

530 Lake Malone Road, Lewisburg, KY 42256 -- 270-657-9580

[email protected]

ShadyCliff Logo

+1(270)657-9580

530 Lake Malone Rd, Lewisburg, KY 42256