<link href="https://app.termageddon.com/css/policy.css?v=20210506" rel="stylesheet"><article><h2>Terms of Service</h2><p class="tg-last-updated-date">Last updated: Dec 26, 2024 2:17 PM</p><p>Please read this Terms of Service ("Terms," "Terms of Service") carefully before using the https://evanslakeresort.com/ website (the "Website") operated by MacherEmerson Inc, a(n) Corporation formed in Michigan, United States  ("us," "we," "our") as this Terms of Service contains important information regarding limitations of our liability. Your access to and use of this Website is conditional upon your acceptance of and compliance with these Terms. These Terms apply to everyone, including but not limited to visitors, users and others, who wish to access and use the Website.</p>

<p>By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have our permission to access or use the Website.</p><h2 class="text-center">Our offers and pricing</h2><p>We offer services on this Website.  The price of these services is customized based on your needs, which means that we will provide you with a quote after we determine your needs. This price does not include taxes or other fees that you may be charged. 

</p><h2 class="text-center">DEPOSIT/REQUIREMENTS</h2><p> A deposit in the amount of 50% of total stay is required within 5 days of your reservation. The balance of your stay will be due 30 days prior to your arrival. All cabins require a valid state ID or drivers license, out of country guests are required to have a valid passport. Guests must be 21 years of age and have a valid credit card. Depending on your cabin there will be a hold placed on your credit card to protect us in the event of damages or theft of cabin items. A detailed list of replacement costs can be viewed in detail in your cabin books upon check-in. These costs are an example and not specific regarding replacement of any appliances, tv, electronics, windows, floors/walls. We reserve the right to adjust/change or modify any items prices.</p><h2 class="text-center">GIFT CERTIFICATES</h2><p>Gift certificates may be purchased in any amount and must be presented at the time of use. Certificates may not be used to place a deposit on any Cabins or boar reservation or to purchase other gift certificates and cannot be redeemed for cash. Evans Lake Resort will not be held responsible if any gift certificate is lost, stolen, or destroyed. 
</p><h2 class="text-center">BOAT RENTALS/LAUNCH/KYAKS/PADDLE BOATS</h2><p>Evans Lake resort offers our guests preferred rentals of our pontoon boats. Pontoons must be booked online and require a $150 deposit. Renters must have a valid drivers license and be a minimum 25 years of age. Drivers must show proof upon arrival of Michigan water safety course or equivalent and follow all applicable laws and lake rules. Our pontoon boats are for recreational purpose only and fishing is not allowed. We offer aluminum fishing boats with or without trolling motor (fee) for fishing. Kayaks &amp; aluminum fishing boats are first come first served for our guests, this includes but not limited to kayaks and paddle boats. We do not offer any services for non-guests. We offer a boat launch (fee $10 per launch per watercraft for guests and lake residents &amp; $25 per launch per watercraft for any AIR B&amp;B, VRBO or lake rental homes).Dock slips are available for guests and paid seasonal rentals only (fee $25 per day per watercraft, based on availability) for your enjoyment when bringing you own watercraft/boat. You must be a lake resident to use our launch or a guest of Evans Lake resort. We do not offer Boat Launch’s or pontoon rentals to Hideaway cove motel located on Evans Lake.</p><h2 class="text-center">Cancellation policy &amp; Date Change Policy</h2><p> Due to our small resort size, cancellations affect us significantly; therefore, we adhere to strict cancellation policies. Cancellations that are outside of 30 days prior will forfeit your 50% deposit. This deposit can not be closer to arrival are subject to forfeiture of the deposit. Cancellations under 30 days prior to arrival will forfeit all moneys/deposits received by Evans Lake Resort. Deposits or payments cannot be used in any way towards future stays or cabin changes. Reservations surrounding the Fourth of July, memorial day, faster horses, NASCAR or any special event such as weddings, reunions or full resort bookings must be canceled or changed outside the 30 days before the arrival date and require a non-refundable deposit of half of the reservation amount at that time. The remaining balance will be charged one 30 days prior. Reservations canceled within 30 days of arrival will forfeit the entire prepaid amount. A specific four (4) night minimum length of stay is required surrounding these dates, as determined by Evans Lake Resort. Reservations non-peak must be cancelled outside of (30) days prior to the arrival date. Deposits will be forfeited on reservations cancelled within the cancellation period. We do not control the weather so any weather related </p>

<p>We reserve the right to cancel your purchase for any reason, at our sole discretion, including but not limited to fraud, inaccuracies, and unavailability of the items or services purchased. We will not provide you with any notice prior to cancelling your purchase. </p><p>We will issue you a refund of the full purchase price that you paid if we cancel your purchase.</p><h2 class="text-center">Refund policy</h2>

<p>We do not offer refunds on any purchases made on this Website.</p>

<h2 class="text-center">Advance payments</h2><p>We may ask you to provide an advance payment on any purchase made of the services offered on our Website. An advance payment is a partial payment of the total purchase price that will help pay for our actual expenses while providing the services.</p>

<p>We will not be able to issue you a refund of the advance payment that you made if we cancel.</p>

<p>We do not offer you the ability to cancel any purchases that you have made of the services offered on this Website. As such, we do not refund advance payments.</p>

<h2 class="text-center">Deposits</h2><p>We may ask you to provide a deposit for purchases made of the services offered on our Website. A deposit is a payment made to reserve the services.</p>

<p>We will not be able to issue you a refund of the deposit that you made if we cancel your purchase.</p>

<p>We do not offer you the ability to cancel any purchases that you have made of the services offered on our Website. As such, we do not refund deposits.</p>

<h2 class="text-center"><span class="text-uppercase">No warranty on purchases</span></h2><p class="text-uppercase">The items or services displayed or sold on this Website are provided “as is,” No warranty, express or implied (including any implied warranty of merchantability, of satisfactory quality or fitness for a particular purpose or use) shall apply to any items or services displayed or sold on this Website, whether arising by law, course of dealing, course of performance, usage of trade or otherwise.</p>

<h2 class="text-center">Remedies</h2>

<p>You agree that the remedy for breach of this Terms of Service as it relates to your purchase shall be none. You also agree that the remedy for breach of this Terms of Service as it relates to your purchase shall be to pursue dispute resolution as provided  in the “governing law, severability, dispute resolution, venue and class action waiver” section below. These remedies intended to be your sole and exclusive remedies for any breach of this Terms of Service as it relates to your purchase.</p>

<h2 class="text-center">Accounts</h2>

<p>When you create an account on our Website, you guarantee that you are 18 years of age or older and that the information that you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Website.</p>

<p>You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Website or a third party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.</p>

<p>We reserve the right to terminate your account anytime at our sole discretion. You can terminate your account by contacting us.</p> <h2 class="text-center">Prohibited uses</h2>

<p>You agree that you will use this Website in accordance with all applicable laws, rules, regulations and these Terms at all times. The following is a non-exhaustive list of prohibited uses of this Website. You agree that you will not perform any of the following prohibited uses:</p>

<ol><li>Impersonating or attempting to impersonate MacherEmerson Inc or its employees, representatives, subsidiaries or divisions;</li><li>Misrepresenting your identity or affiliation with any person or entity;</li><li>Sending or attempting to send any advertising or promotional material, including but not limited to spam, junk mail, chain mail or any similar material;</li><li>Engaging in any conduct that restricts or inhibits any person’s use or enjoyment of the Website, or which, as determined in our sole discretion, may harm us or the users of this Website or expose us or other users to liability;</li><li>Using the Website in any manner that could disable, overburden, damage or impair the Website or interfere with another party’s use of the Website;</li><li>Using any robot, spider or other similar automatic technology, process or means to access or use the Website for any purpose, including monitoring or copying any of the material on this Website;</li><li>Using any manual process or means to monitor or copy any of the material on this Website or for any other unauthorized purpose;</li><li>Using any device, software, means or routine that interferes with the proper working of the Website, including but not limited to viruses, trojan horses, worms, logic bombs or other such materials;</li><li>Attempting to gain unauthorized access to, interfering with, damaging or disrupting any parts of the Website, the server(s) on which the Website is stored, or any server, computer or database connected to the Website;</li><li>Attempting to attack or attacking the Website via a denial-of-service attack or a distributed denial-of-service attack;</li><li>Otherwise attempting to interfere with the proper working of the Website;</li><li>Using the Website in any way that violates any applicable federal, state or local laws, rules or regulations.</li></ol>

<h2 class="text-center"><span class="text-uppercase">No warranty on Website</span></h2>

<p class="text-uppercase">This Website is provided “as is,” No warranty, express or implied (including any implied warranty of merchantability, of satisfactory quality or fitness for a particular purpose or use) shall apply to this Website, whether arising by law, course of dealing, course of performance, usage of trade or otherwise.</p>

<h2 class="text-center">Availability, errors and inaccuracies</h2>

<p>We assume no liability for the availability, errors or inaccuracies of the information, products or services provided on this Website. We may experience delays in updating information on this Website and in our advertising on other websites. The information, products and services found on the Website may contain errors or inaccuracies or may not be complete or current. Products or services may be incorrectly priced or unavailable. We expressly reserve the right to correct any pricing errors on our Website. The inclusion or offering of any product or service on this Website does not constitute an endorsement or recommendation of such product or service by us. </p>

<h2 class="text-center"><span class="text-uppercase">Damages and limitation of liability</span></h2>

<p class="text-uppercase">In no event shall MacherEmerson Inc be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, relating to or in any way connected with your access to, display of or use of this Website or with the delay or inability to access, display or use this Website, including but not limited to your reliance upon opinions or information appearing on this Website; any computer viruses, information, software, linked websites operated by third parties, products or services obtained through this Website, whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes or otherwise, even if MacherEmerson Inc has been advised of the possibility of such damages. IF, DESPITE THE LIMITATION ABOVE, MacherEmerson Inc IS FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED ABOVE, THEN THE LIABILITY OF MacherEmerson Inc WILL IN NO EVENT EXCEED THE SERVICE FEES YOU PAID TO MacherEmerson Inc IN CONNECTION WITH SUCH TRANSACTION(S) ON THIS Website. THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS OF USE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS OF USE INURE TO THE BENEFIT OF MacherEmerson Inc. The aggregate liability of MacherEmerson Inc arising out of or relating to this Website, whether arising out of or related to breach of contract, tort (including negligence) or otherwise shall be limited to the amount of fees actually received by MacherEmerson Inc from you.</p><h2 class="text-center">Links to third party websites</h2>

<p>This Website may contain hyperlinks to websites operated by third parties and not by us. We provide such hyperlinks for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is your responsibility to take precautions to ensure that whatever links you click on or software that you download, whether from this Website or other websites or applications, is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. </p>

<h2 class="text-center">Intellectual property and DMCA notice and procedure for intellectual property infringement claims</h2>

<p>All contents of this Website are ©2024 - 2025 MacherEmerson Inc or third parties. All rights reserved. Unless specified otherwise, this Website and all content and other materials on this Website including but not limited to all logos, designs, text, graphics, pictures, information, data, software, sound files and arrangement thereof (collectively, “Content”) are the proprietary property of MacherEmerson Inc and are either registered trademarks, trademarks or otherwise protected intellectual property of MacherEmerson Inc or third parties in the United States and/or other countries.</p>

<p>If you are aware of a potential infringement of our intellectual property, please contact Thomas Emerson at evanslakeresort@icloud.com. </p>

<p>We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes on the copyright, trademark or other intellectual property rights of any person or entity.</p>

<p>If you believe in good faith that the Content infringes on your intellectual property rights, you or your agent may send us a written notice of such infringement titled “Infringement of Intellectual Property Rights - DMCA.” Your notice to us must include the following information:</p>

<ol><li>An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property right’s interest;</li><li>A description of the work that you claim has been infringed, including the URL (i.e., web page address) of the location where the work exists or a copy of the work;</li><li>Your name, email, address and telephone number; and</li><li>A statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the work, its agent or the law.</li></ol>

<p>Please note that we will not process your complaint if it is not properly filled out or is incomplete. You may be held accountable for damages, including but not limited to costs and attorneys’ fees for any misrepresentation or bad faith claims regarding the infringement of your intellectual property rights by the Content on this Website.</p>

<p>You may submit your claim to us by contacting us at:</p><p>MacherEmerson Inc<br>Thomas Emerson<br>evanslakeresort@icloud.com<br>(517) 662-0297<br>1237 Michigan Ave<br>
Tipton, MI 49287<br><span class="text-uppercase">United States</span></p>

<h2 class="text-center">ARRIVAL &amp; DEPARTURE</h2><p>Your room to be ready between 3:00pm- 4:00pm on your arrival day. Check-out time is 11:00am. In some instances, early arrivals can be accommodated, however we do not offer late check-outs. An additional half day rate may be charged if applicable. If you plan to arrive prior to 3:00pm you must have agreed confirmation from us in writing . 
</p><h2 class="text-center"> MINIMUM LENGTH OF STAY</h2><p>It is the policy Evans Lake Resort to always reserve Friday and Saturday together. During the peak season (memorial day-labor day, we do not offer Saturday check-ins or checkouts. Some holidays, including 4th of July Weekend, memorial day weekend, faster horses &amp; NASCAR events may require a four night minimum with specific dates. The Beach front cabin and the Big cabin require a 3 day minimum for the entire peak season. We do not offer 1 night stays in any of our cabins. 
</p><h2 class="text-center">PET POLICY</h2><p>To maintain our guest rooms and property, Evans Lake Resort operates as a pet-free facility and does not allow for pets or therapy animals. Service animals, covered under the American Disability Act, are permitted as required by law. Service animals must be on a leash, must always accompany their owner, and are not permitted on furnishings, or in beach area or water. Additional charges will apply in the event of damage to the guest room or facilities. 
</p><h2 class="text-center">ACCOMMODATIONS/OUTSIDE GUESTS</h2><p>All guests must be accommodated in a bed or pay additional nightly fees for sofa sleeper $50 per person per day and cannot exceed max occupancy of cabin at any time. Due to our fire code, guests are not permitted to sleep in other area, including on the floor. Roll-away beds are not available. Each cabin has identified parking spaces and cannot exceed those on-site spaces for any reason. Additional parking can be accommodated in designated area across from the resort for a fee of $7 per day and must have parking pass to park or your vehicle will be towed at your expense. No exceptions. Due to Resort occupancy we do not allow daytime guests for any reason unless approved/verified in writing by Evans Lake Resort upon completion of your booking/reservation. Parking passes will be required and fees paid in advance. If approved there will be a $25 per day per guest and upon check-in wristbands will be given. If approved daytime guest hours are 9am-7pm no exceptions. 
</p><h2 class="text-center">SMOKING/DRINKING</h2><p>In accordance with Michigan’s Smoke Free Law, we are committed to maintaining a smoke-free environment on Evans Lake Resort property, including our private beach area, Cabin porches/balconies, and smoking is only allowed in designated areas. All forms of smoking marijuana are prohibited on Evans Lake Resort property as is the burning of candles or incense and fireworks. Any violation will result in immediate removal from property with no refunds of any kind. Public drunkenness and disturbance to other guests including but not limited to profanity, loud music, violation of quiet times, drug use, vandalism, or plain disrespect to staff or guests will result in removal from our property with no refunds given.</p><h2 class="text-center">Governing law, severability, dispute resolution and venue</h2>

<p>These Terms shall be governed and construed in accordance with the laws of the state of Florida, United States, without regard to its conflict of laws provisions. <span class="text-uppercase">These terms shall not be governed by the United Nations convention on contracts for the sale of international goods, the Uniform Commercial Code, nor Incoterms</span>.</p>

<p>Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and us regarding our Website, and supersede and replace any prior agreements we might have had with you regarding the Website. </p>

<p>Any controversy or claim arising out of or relating to these Terms including but not limited to the interpretation or breach thereof shall be resolved in a court of competent jurisdiction in County Here County, Florida.</p>

<p class="text-uppercase">You and MacherEmerson Inc agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any class or representative action.</p>

<h2 class="text-center">Changes to Terms of Service</h2>

<p>We reserve the right to make changes to these Terms of Service at any time. We will not provide you with any notice when we make changes to this Terms of Service. </p>

<h2 class="text-center">Questions</h2><p>If you have any questions about our Terms of Service, please contact us at evanslakeresort@icloud.com.</p></article>