Last Modified: January 10, 2024

Stay Golden Loyalty Program

December 2023

Effective (December 2023), the loyalty program for Pacific Hospitality Group Ventures, Inc., a California corporation (herein “the Company”) is STAY GOLDEN™ (hereinafter, the “Loyalty Program”).

The Loyalty Program operates under the terms and conditions as set out below unless otherwise expressly stated (the “Program Rules”).

The Program Rules govern the Company’s relationship with Members of the Loyalty Program (collectively, “Loyalty Program Members,” or “Members” and individually, a “Loyalty Program Member,” “Member,” or “you”), including how Members manage their accounts, book reservations, achieve loyalty status, and enjoy Member benefits.

By opening a Loyalty Program membership account (“Account” or “Membership Account”), to receive benefits of the Loyalty Program, you agree that:

●You have read and accept these Program Rules;

●You have read and accept the Website Terms of Use, which are incorporated by reference herein; and

●You consent to the collection, use, and disclosure of your personal data by the Company, the Loyalty Program, Participating Properties, as defined below, and partner programs, and their authorized third-party agents and licensees in accordance with the Company’s Privacy Policy.

All Loyalty Program benefits, amenities, offers, and services are subject to availability and may be changed by the Company at any time without notice. The Company may terminate the Loyalty Program, in whole or in part, with six (6) months’ advance notice to all active Loyalty Members and with less than six months’ notice in any jurisdiction if required to do so by applicable law. In the Company’s sole discretion, the Company may choose to substitute a similar loyalty program for the Loyalty Program at any time immediately upon notice to active Loyalty Members.

Except as otherwise expressly prohibited or limited by applicable laws, Company may at any time amend, modify, or supplement these Program Rules, the structure for earning tier status, and/or the benefits associated with each tier with or without notice, (collectively “Program Rule Changes”). Loyalty Members are responsible for remaining knowledgeable of the Program Rules and any Program Rule Changes. Your continued participation in the Loyalty Program will constitute your acceptance of any such Program Rule Changes.

1. JOINING THE LOYALTY PROGRAM

1.1Eligibility

i.Membership in the Loyalty Program is free and available to any individual at least twenty-one (21) years of age who: (a) possesses the legal authority to agree to the Program Rules; (b) resides in a jurisdiction which legally permits participation in the Loyalty Program; (c) provides valid and accurate personal information (first name, last name, valid email address, country, postal code, phone number, and date of birth) when enrolling in the Loyalty Program; (d) is not already a Member of the Loyalty Program (i.e., does not already have a Membership Account); (e) has not previously been terminated from the Loyalty Program; and (f) is not a current employee or owner of one or more Participating Properties, an entity affiliated with one or more Participating Properties, or the Company.

ii.Members are responsible for reading and understanding the Program Rules, Account statements, and other communications from the Company about the Loyalty Program in order to understand his/her/their rights, responsibilities, and status in the Loyalty Program. If a Member has any questions about the Loyalty Program or these Program Rules, the Member should contact member support at 1-888-909-6260 or via email at staygolden@meritagecollection.com.

iii.Members are responsible for reading the Company’s Privacy Policy in order to understand how the Company collects, uses, and discloses a Member’s data. If a Member has any questions about the Company’s Privacy Policy or its collection, use, or disclosure of a Member’s data, the Member should contact member support at 1-888-909-6260 or via email at privacy@pacifichospitality.com.

1.2 Participating Properties and Brands

i.A “Participating Property” or “Participating Properties” is (are) the following hotels, resorts, and other transient stay properties managed by the Company:

●Paséa Hotel and Spa

●Hotel Viata

●Ko’a Kea Hotel & Resort

●The Meritage Resort and Spa

●Grand Reserve at the Meritage

Participating Properties may change from time to time.

ii.“Company Websites” currently include:

www.meritagecollection.com

www.hotelviata.com

www.paseahotel.com

www.koakea.com

www.meritageresort.com

www.meritageresort.com/suites-napa-valley-ca/napa-...

www.pacifichospitality.com

iii.“Company Channels” or “Hotel Direct Channels” are collectively the Company Websites, Participating Properties, and member support via phone and email for the Participating Properties listed in Section 1.2.i.

1.3 Conditions of Enrollment

i.Completing the enrollment application. An individual may apply to enroll in the Loyalty Program by fully and accurately completing an application that provides valid and accurate personal information of (first name, last name, valid email address, country, postal code, phone number, and date of birth) when enrolling in the Loyalty Program on any of the Company Websites (Section 1.2.iii.), by going directly to:

www.meritagecollection.com/stay-golden

www.hotelviata.com/stay-golden

www.paseahotel.com/stay-golden

www.meritageresort.com/stay-golden

www.koakea.com/stay-golden

The Company may deny membership in the Loyalty Program to any applicant in its sole discretion and without written notice.

ii.Individual Membership. Only individuals are eligible for Loyalty Program membership, and each individual may maintain only one Membership Account. All Member Accounts are individual Accounts, and joint Accounts are not permitted. Loyalty Program benefits are non-transferable unless expressly stated otherwise.

A.Current employees and owners of one or more Participating Properties, an entity affiliated with one or more Participating Properties, or the Company are not eligible to join and earn/enjoy Loyalty Program rewards even when staying on personal leisure stays at eligible rates.

B.Once an employee or owner is no longer employed by or have an ownership stake in one or more Participating Properties, an entity affiliated with one or more Participating Properties, or the Company, the employee or owner can join the Loyalty Program but cannot request retroactive credit for stays prior to enrollment if the employee or owner was still employed by or had an ownership stake when the stay occurred.

iii.1.3.c. Types of Membership

A.18 KARAT Tier Membership. This is the base membership level in the Loyalty Program. The requirements for earning 18 KARAT Tier Membership are set forth in Section 3.2.

B.24 KARAT Tier Membership. Upon reaching certain milestones, a Member will earn 24 KARAT Tier Membership. The requirements for earning 24 KARAT Tier Membership are set forth in Section 3.2.

Depending on a Member’s status as an 18 KARAT Tier Membership Member or a 24 KARAT Tier Membership Member, the Member will be entitled to receive various benefits (“Rewards”). These Rewards are discussed throughout these Program Rules and summarized in a table provided at Section 3.3.iii.

iv.Establishing a Membership Account. After applying to the Loyalty Program, a Membership Account will be opened and the Member will be notified by email that an account has been opened. Upon receiving an email confirming enrollment, an individual becomes a Member eligible to earn tier status and the benefits associated with each level.

A.The Loyalty Program does not currently assign a number to each Member and does not have a password-protected Member sign-in functionality or personal profile capability on Company websites.

B.Members will receive periodic statements with information on their membership status, progression toward 24 KARAT Tier Membership, and special Member offers and benefits.

C.If Members have questions about their membership status, benefits or stay history, they can contact member support at 1-888-909-6260 or via email at staygolden@meritagecollection.com.

v.Duplicate Accounts. An individual may join the Loyalty Program. However, a Member may not have one or more duplicate Accounts under the Loyalty Program at any time.

A.If more than one Membership Account is opened for an individual, he/she/they will only receive Rewards, as defined below, for one Membership Account. Duplicate Membership Accounts may be canceled.

B.A Member with more than one individual Membership Account in the Loyalty Program will not be able to link these Accounts, transfer points across Accounts, or have another 18 KARAT Tier Membership or 24 KARAT Tier Membership status matched. The Member must combine the Accounts into a single Membership Account.

C.Combining duplicate accounts can be requested through member support at 1-888-909-6260 or via email at staygolden@meritagecollection.com. Combining Membership Accounts cannot be done at Participating Properties or through Company Websites.

vi.Personal Profile. Information provided by a Member will be maintained in a personal preference profile with the Membership Account by the Loyalty Program. All information provided by a Member in his/her/their personal profile must be valid and accurate and should be kept current.

A.A Member may change his/her address by contacting member support at 1-888- 909-6260 or via email at staygolden@meritagecollection.com.

B.Name changes to a Membership Account must include supporting legal documentation, signature, date, and be submitted to member support at 1-888-909-6260 or via email at staygolden@meritagecollection.com.

vii.Use of Information Collected in Application. The information a Member provides to the Company when completing the Loyalty Program application is processed in accordance with the Company’s Privacy Policy. Communication of relevant information is important to administering the Loyalty Program and providing each Member with the opportunity to maximize the benefits of Membership. The Loyalty Program will only disclose Member information to: the Company; person(s) authorized by the Member; franchisees, fulfillment houses, email service providers and mail houses that process mail for such entities; Authorized Licensees (as defined in the Company’s Privacy Policy; and marketing companies that provide services to the Company.

viii.Member information will, in each case, only be disclosed for one or more of the following purposes: (1) in order to better service the Membership Account and the Member’s preferences by keeping the Member informed of Account status and activities through electronic statements; (2) to assess a Member’s entitlement to benefits; (3) to collect and process Member nights stayed at the Participating Properties; (4) to offer a Member additional products and services; (5) to send periodic satisfaction or market research surveys; and/or (6) to offer a Member products or services from select reputable companies with whom the Loyalty Program has a strategic relationship because the Loyalty Program believes their offerings will be of interest to the Member. In choosing to become a Member, the Member consents to receive all the types of information described above, but the Member will be given the opportunity to opt-out of some and/or all marketing communications.

1.4 Membership Communications

i.Members will receive Loyalty Program communications unless they have opted out of Loyalty Program communications. A Member or email recipient can follow the unsubscribe link provided in marketing email communications, or contact member support at 1-888-909-6260 or via email at privacy@pacifichospitality.com.

ii.All Loyalty Program communications will be sent to the email address in the Member’s Account. Members should keep their email address current. Neither the Company nor the Loyalty Program shall have any responsibility for misdirected or lost mail or any consequences thereof.

iii.Members will receive membership status communications by email provided in the reservation confirmation, in pre-arrival communications, and upon departure. Members will also receive periodic statements with information on their membership status, progression toward 24 KARAT Tier Membership, and special offers.

iv.The Company may also send Members promotions, offers, and other communications from time to time, which may include, without limitation, items from third parties. The items from third parties are based on the information provided to the Company by a Member and any additional data the Company may maintain.

v.Members may change personal details and communications preferences at any time by contacting member support via email at privacy@pacifichospitality.com.

vi.Any time a Member contacts member support, the Company may ask the Member certain security questions to verify the Member’s identity. Member support may monitor or record telephone calls to improve the quality of service.

vii.A Member can check his/her/their transaction history, Member status, and update personal details and preferences by contacting member support.

viii.Death. In the event of a Member’s death, neither Member status nor rewards will transfer to other individuals and, when the Loyalty Program is notified, the Account will be closed.

1.5 Other Conditions of Enrollment

i.Canceling or Suspending Membership Accounts

A.Cancellation by Member. A Member may cancel his/her membership in the Loyalty Program at any time by sending written notice of cancellation to member support at privacy@pacifichospitality.com. Membership status and rewards will be forfeited immediately and may not be reinstated or transferred.

B.Cancellation or Suspension by the Company. The Company may suspend Loyalty Program benefits, suspend Membership status, or cancel a Member’s Account at any time with immediate effect and without written notice, for any reason and in the Company’s sole discretion including, without limitation, if the Company believes the Member has:

I.Acted in a manner inconsistent with applicable laws, regulations, or ordinances;

II.Failed to pay any Participating Property or other bill when due to the Company or a Participating Property or other financial obligation;

III.Acted in an inappropriate, fraudulent, abusive or hostile manner;

IV.Breached or violated any of these Program Rules or the Website Terms of Use; or

V.Engaged in any misconduct or wrongdoing in connection with the Loyalty Program including, without limitation, with respect to any other Loyalty Program Member benefits.

C.Legal Action. Nothing contained in these Program Rules will limit the Company in the exercise of any legal or equitable rights or remedies.

ii.Effect of Membership Cancellation.

A.The Loyalty Program and related benefits and services are the sole property of the Company and are not the property of Members. On cancellation of membership in the Loyalty Program for any reason, all related benefits and services will be forfeited and a Member will no longer be able to participate in the Loyalty Program.

B.If the Company cancels a Member’s Account for any reason, the Member may not reapply for membership in the Loyalty Program except in very limited circumstances in the Company’s sole discretion, and any unauthorized Account opened in the Member’s name following cancellation, will be forfeited upon discovery.

C.If a Member cancels his/her/their Account, the Member may reapply for membership in the Loyalty Program at a later date, but Member-related benefits and services previously earned, forfeited, or expired will not be reinstated to the Member Account.

D.Any Membership status terminates upon cancellation of a Member Account.

iii.Modification of Program. Except as otherwise expressly prohibited or limited by applicable laws, the Company has the right to change, limit, modify, or cancel the Program Rules, with or without notice. Any partner programs associated with the Loyalty Program similarly reserve the right to modify their own programs, which may impact your rights and expected benefits under the Loyalty Program. The Company and partner programs may, among other things: (i) increase or decrease the number of night stays required for status; (ii) change program benefits, partners, and/or locations served by the Company, conditions of participation, and/or rules for earning Member Rewards, and (iii) change or terminate any and all Rewards associated with 18 KARAT Tier Membership, 24 KARAT Tier Membership, or any other tier level.

iv.Termination of Program. The Company may terminate the Loyalty Program with six (6) months’ advance notice to all Loyalty Members. At the Company’s sole discretion, the Company may choose to substitute a similar loyalty program for the Loyalty Program at any time immediately upon notice to Loyalty Members. A Member may not accumulate Loyalty Program benefits or amenities after the termination of the Loyalty Program. If the Loyalty Program is terminated, all Nights, as defined below, credited to status will be forfeited without any obligation or liability, and no benefits will be honored after the conclusion of the notice period. The Company may terminate the Loyalty Program in whole or in part, in any jurisdiction on less than six months’ notice if required to do so by applicable law.

v.Benefits Subject to Availability and Modification. All Loyalty Program benefits, amenities, offers, and services are subject to availability and may be changed at any time without notice.

vi.No Sale or Transfer. Except as expressly permitted in the Program Rules, Member benefits may not be sold, bartered, or transferred (other than by the Company or its agents). Any attempted transfer, sale, or barter will be void and will be confiscated. The Company and its partners may refuse to honor or recognize any Member benefits which the Company believes may have been transferred, sold, or bartered.

2. EARNING OPPORTUNITIES AT PARTICIPATING PROPERTIES

2.1 Earning Elite Night Credit.

i.Elite Night Credit. For every Qualifying Night, as defined in 2.1.ii. and 2.1.iii., earned by the Member, the Member will obtain one “Elite Night Credit,” so long as the Member provides Membership information at the time of check-in, stays in one of the reserved guest rooms, and personally pays for the charges.

ii.Qualifying Night. A “Night” or “Qualifying Night” means each night a Member registers for and stays at any Participating Property, where the room is billed to the Member and for which the Member personally paid a Qualifying Rate, as defined below in Section 2.1.iii. Additionally, to earn one or more Qualifying Nights at a Participating Property, a Member must provide his/her/their Membership Account information at check-in and stay in one of the reserved guest rooms.

iii.The following govern specific situations and how many Qualifying Nights a member is eligible to earn:

A.A Member may reserve a Qualifying Night for up to three (3) guest rooms if he/she/they stays in one of the reserved guest rooms and pays a Qualifying Rate for all of the guest rooms.

B.Members cannot earn or receive benefits at multiple Participating Properties for the same stay date(s).

C.Only one (1) Member per guest room can earn Elite Night Credit(s) as well as receive Rewards. If there is more than one Member staying in the same guest room, the Member on the reservation will be considered the Member who will receive Rewards based on their status as an 18 KARAT Tier Membership Member or a 24 KARAT Tier Membership Member and Elite Night Credit(s) for the stay.

iv.Qualifying Rates. A “Qualifying Rate” is the rate a Member pays for one or more Nights in a guest room at a Participating Property which qualifies toward achieving 24 KARAT Tier Membership. Qualifying Rates include most business and leisure rates that are booked through a Hotel Direct Channel, including directly on Company Websites or through hotel direct phone lines, member support, other reservation channels, and/or directly with a Participating Property.

v.The only exception to receiving Loyalty Program Rewards is when a guest joins the Loyalty Program pre-arrival, at check-in, or during their stay through the front desk. In such a situation, that guest will receive one (1) voucher for a Signature Drink and one (1) voucher for a Spa Enhancement during their stay as a “thank you” for joining the Loyalty Program. Only one (1) voucher will be issued to the guest whose name is on the reservation, regardless of how many members of the party join the Loyalty Program at check-in. Elite Night Credits will be earned upon check-out, but no other benefits will be delivered for this stay. (See Sections 3.3.i.B. and 3.3.i.C.)

vi.If a hotel or other property ceases to be a Participating Property, all stays subsequent to such date will not be eligible to earn Elite Night Credit regardless of when the reservation was made.

2.2 Individual Rewards for Qualifying Nights.

i.No other person except the Member whose name is on the reservation may earn Rewards on Qualifying Nights for his/her/their Membership Account. Rewards for a room shared by two Loyalty Program Members will only be awarded to the Loyalty Program Member whose name appears on the reservation.

ii.Rewards are limited to individual travel at a Qualifying Rate booked through a Hotel Direct Channel or other reservation channels, and the room must be paid for individually by the Member.

iii.If the Member attends a convention or group meeting and individually pays the Participating Property directly for the room, he/she/they will be eligible to receive Elite Night Credit for the stay. However, contract rooms, rooms reserved by corporations on an ongoing basis, and master-billed rooms may not be eligible to earn Member Rewards.

2.3 Credit for Nights Completed Prior to Enrollment. Elite Night Credit may be earned for stays completed within the calendar year before the Member’s Loyalty Program enrollment. Members can send requests through Member support at privacy@pacifichospitality.com within the calendar year if such credit is not reflected. Members should include their full name, address, email, phone, hotel name, check-in and check-out dates, as well as a copy of the paid receipt (folio) for the stay. Additional documentation may be necessary.

2.4 Transferring Nights from One Account to Another. Elite Night Credit cannot be transferred between Membership Accounts unless a Member has a duplicate Account and requests the accounts to be combined through member support. Member support will combine the accounts and cancel the account with the latest enrollment date. For duplicate Accounts to be merged, all Accounts must be in the same name. Additional information should include Member full name, address, email, phone, hotel name, check-in and check-out dates, as well as a copy of the paid receipt (folio) for the stay. Additional documentation may be necessary.

3. MEMBERSHIP

3.1 Membership in General

i.Membership is an exclusive privilege of the Loyalty Program. All Program Rules apply to all Loyalty Program Members. The Loyalty Program has the right to change, limit, modify, or cancel the Program Rules at any time, with or without notice, pursuant to Section 1.5.iii. and 1.5.v. The Loyalty Program has the right to terminate the Loyalty Program at any time by providing advance notice to Members in accordance with Section 1.5.iv.

ii.Pursuant to Sections 1.5.i. and 1.5.ii., the Company reserves the right to revoke, cancel, or suspend a Member’s membership status, any Loyalty Program Membership, and/or take other action at its discretion, at any time with immediate effect and without written notice if the Company believes the Member has: (a) violated any of the Program Rules; (b) failed to pay any bills or accounts due to the Company or a Participating Property; (c) acted in a manner inconsistent with applicable law, regulations, or ordinances; (d) engaged in any misconduct or wrongdoing in connection with the Loyalty Program, including without limitation, Member benefits; or (e) engaged in abusive, fraudulent, inappropriate, or hostile conduct in connection with the Loyalty Program, the Participating Properties or their guests or employees, or an affiliate of a Participating Property, or the Company or its employees. Nothing in these Program Rules will limit the Company from exercising any legal rights or remedies that it may have.

iii.Only one (1) Member per guest room can earn Elite Night Credit. A Member receives one (1) set of Rewards according to the Member’s status as an 18 KARAT Tier Membership Member or a 24 KARAT Tier Membership Member on stays of one or more consecutive nights as described, even if the Member checks in and checks out of the same Participating Property within 24 hours. For a Member to be eligible to receive Rewards during his/her/their stay, the Member must provide the front desk with their name and email when checking in so the front desk can confirm their Membership Account status.

iv.The awarding of Loyalty Program membership benefits is void where prohibited by law.

v.Local policy may prevail over Loyalty Program standards at Participating Properties, and some membership benefits may not be available at some locations.

3.2 24 KARAT Membership Requirements

i.To achieve or renew 24 KARAT Tier Membership status, a minimum of four (4) Elite Night Credits must be earned through Qualifying Nights stayed at one (1) or more Participating Properties between January 1 and December 31 of any given year.

ii.As discussed above, only nights booked at a Qualifying Rate and personally stayed and individually billed to a Member at a Participating Property are credited toward 24 KARAT Tier Membership achievement and renewal thereof.

iii.Additional rules pertaining to 24 KARAT Tier Membership requirements include:

A.One (1) Elite Night Credit will be awarded to the Member’s account for each Qualifying Night stayed.

B.Members may earn up to three (3) Elite Night Credits per night when booking up to three (3) rooms at a Qualifying Rate as long as the reservation is made in the Member’s account and the Member occupies one of the rooms. Members will only enjoy certain benefits for one room regardless of how many rooms are booked for the same night. (See Section 3.1.iii.)

C.Promotions may be offered from time to time in which Members may earn more than one (1) Elite Night Credit per Night Stayed and/or may enjoy complimentary 24 KARAT Tier Membership status for a defined period of time.

D.Stays that straddle two calendar years will have Elite Nights Credits attributed to the year in which the date occurs (e.g., a stay from 12/30-1/2 will have the nights of 12/30 and 12/31 credited to the prior year and the night of January 1 credited to the subsequent year).

iv.Rewards for 24 KARAT Tier Membership will commence on the eligible reservation and stay in which 24 KARAT Tier Membership status is earned.

v.To enjoy 24 KARAT Tier Membership Rewards on a stay, the stay must be at a Qualifying Rate booked directly on Hotel Direct Channels or other reservation channels, and the room must be paid for individually by the Member.

vi.24 KARAT Tier Membership Members maintain status for the calendar year in which they qualify and for the next calendar year, with status expiring on January 1st of the 3rd year unless re-earned in Year 2.

A.Example of Not Requalifying for 24 KARAT Tier Membership after Year 1:

Year 1 = With a qualifying reservation of at least four (4) Qualifying Nights, Member enjoys:

●24 KARAT level benefits for the remainder of Year 1

●24 KARAT level benefits for all of Year 2

●Downgraded to 18 KARAT on January 1 of Year 3 if they have 0-3 Qualifying Nights in Year 2.

B.Example of Requalifying for 24 KARAT Tier Membership after Year 1:

Year 1 = With a qualifying reservation of at least four (4) Qualifying Nights, Member enjoys:

●24 KARAT Tier Membership level benefits for the remainder of Year 1

●24 KARAT Tier Membership level benefits for all of Year 2

●Maintains 24 KARAT Tier Membership status in Year 3 if achieving at least four (4) Qualifying Nights in Year 2.

iii.24 KARAT level is maintained year over year as long as the Member has four (4) or more Qualifying Nights/per calendar year.

3.3 Membership Benefits at Participating Brands

i.Membership Benefits. 18 KARAT Tier Membership Members are eligible to receive the following Rewards:

A.Member Rates. Loyalty Program Members may receive an exclusive, preferred rate (“Member Rate”) when they book rooms through Hotel Direct Channels. The following apply to a Member Rate:

I.A Member Rate offers a special rate when up to three (3) rooms are booked by Members of the Loyalty Program who use the rate code PRGOLD. Member Rates can be applied to rooms booked through the Company Websites, member support, and/or Participating Properties. Rates are set by the hotel and may or may not be available at all times and/or for all room types.

II.Membership in the Loyalty Program will be confirmed by the front desk upon check-in through the guest data platform system. If a Member Rate was booked and the guest is not a Member at time of check-in, the guest must join and agree to the Program Rules in order for the rate to be honored. If the guest does not agree to join the Loyalty Program and Program Rules, the guest will be asked to pay the best available rate at time of check-in.

III.A Member Rate code must be used by the Member when booking a reservation.

IV.A Member Rates can be applied to up to three (3) rooms for the same night.

V.A Member Rate may not be combined with other select promotions, offers, or discounts, and is not valid for groups.

VI.A Member Rate cannot be combined with other transient rates such as negotiated rates, AAA, AARP, Discovery, or Military rates.

B.Signature Specialty Cocktail/Wine/Beer/Non-Alcoholic Beverage

I.When a guest joins the Loyalty Program pre-arrival, at check-in, or during their stay through the front desk, that person will receive one (1) voucher for a signature drink listed on the signature cocktail menu of the respective Participating Property (“Signature Drink”) during their stay as a “thank you” for joining the Loyalty Program. Only one voucher will be issued to the guest whose name is on the reservation regardless of how many members of the party join the Loyalty Program at check-in.

II.After enrollment, each time an existing Member checks in having booked a Qualifying Rate through a Hotel Direct Channel, he/she/they will receive one (1) voucher for a Signature Drink during their stay.

III.Signature Drink Details:

1.Value of Signature Drink will not to exceed $25 for one (1) selected item from the main restaurant or bar signature cocktail list, to be determined by the respective Participating Property and is subject to change.

2.Not all food and beverage outlets at the Participating Property may accept the voucher and/or outlets accepting the voucher may change; check with the front desk for any exclusions.

3.Not applicable to beverages ordered through room service.

4.Only one (1) voucher will be given ONLY to the Member whose name is on the reservation regardless of how many Members occupy the room(s) and/or how many rooms the Member books in his/her/their name.

5.Member can redeem the voucher for ONLY one (1) drink including tax up to the value of the voucher.

6.Some drinks may be excluded from the voucher redemption, and it is at the discretion of the Participating Property. Exempt drinks may vary and change.

7.Any amount exceeding the voucher limit of one (1) drink and/or including tax will be the responsibility of the Member.

8.Gratuity is included/covered by the value of the voucher and any additional gratuity is at the discretion of the Member.

9.Vouchers cannot be combined.

10.Vouchers cannot be applied toward the value of a bottle of wine.

11.Voucher will expire on day of check-out.

12.Vouchers do not carry any value. No refund will be issued for any unused value on the voucher.

13.Member must surrender voucher to wait staff when applying voucher to a Signature Drink at a Participating Property.

14.No photocopies or other proof of Signature Drink other than an original voucher will be accepted.

15.The Participating Property or Loyalty Program is not responsible for lost vouchers. Replacements will not be given for any lost vouchers.

C.Spa Enhancement

I.Members will receive a spa treatment add-on to a paid spa treatment or spa package delivered within the same spa visit associated with a Qualifying Rate paid stay (“Spa Enhancement”). Members not staying at the Participating Property are not eligible for the Spa Enhancement voucher.

II.When a guest joins the Loyalty Program pre-arrival, at check-in, or during their stay through the front desk, he/she/they will receive one (1) voucher for a Spa Enhancement during their stay as a “thank you” for joining the Loyalty Program. Only one voucher will be issued to the guest whose name is on the reservation regardless of how many Members of the party join the Loyalty Program at check-in.

III.After enrollment, each time an existing Member checks in having booked a Qualifying Rate through a Hotel Direct Channel, he/she/they will receive one (1) voucher for a Spa Enhancement during their stay.

IV.Spa Enhancement Details:

1.Only one (1) Voucher will be given ONLY to the Member whose name is on the reservation regardless of how many Members occupy the room and/or how many rooms the Member books in his/her/their name.

2.Spa Enhancements may not be listed on each Participating Property’s website and may vary by Participating Property.

3.Participating Property may exclude certain Spa Enhancements from voucher use; check with front desk and/or Spa for any exclusions.

4.Voucher IS transferable to others in the party.

5.Gratuity is not included/covered by the value of the voucher and is at the discretion of the guest.

6.Member is responsible for any taxes and gratuity applicable to the Spa Enhancement.

7.Voucher will expire on day of check-out.

8.Vouchers do not carry any value. No refund will be issued for any unused value on the voucher.

9.Voucher cannot be applied to spa treatment or spa package; voucher must be used for an enhancement to a paid spa treatment or package.

10.Member must surrender voucher to spa staff when applying voucher to a paid spa treatment or package.

11.No photocopies or other proof of Spa Enhancement benefit other than an original voucher will be accepted.

12.The Participating Property or Loyalty Program is not responsible for lost vouchers. Replacements will not be given for any lost vouchers.

D.Special Offers/Early Event Access

I.Member-only special offers and early access tickets to events will be offered periodically to enhance the Member experience.

II.Offers might be price or discount-based, offer enhanced benefits or exclusive access, or provide special Member packages/pricing, etc.

ii.24 KARAT Tier Membership Benefits. In addition to the Rewards 18 KARAT Tier Membership Members receive (above), 24 KARAT Tier Membership Members are eligible to receive the following Rewards:

A.Late checkout of up to 2 PM based on availability for all rooms booked by a 24 KARAT Tier Membership Member, with a maximum of 3 rooms per night (“Late Check-out”).

B.At time of check-in, complimentary room upgrade to the next available room type, subject to availability on the day of arrival, for the entire length of stay (“Complimentary Room Upgrade”), and the Complimentary Room Upgrade may include suites, rooms with desirable views, rooms on high floors, corner rooms, rooms with special amenities, or newly renovated rooms. Complimentary Room Upgrade is only available when rooms are booked at a Qualifying Rate through a Hotel Direct Channel, and Complimentary Room Upgrade will only apply to the room in which the 24 KARAT Tier Membership Member is occupying regardless of how many rooms are booked by the Member for the same night.

C.Special Offers/Early Event Access

I.24 KARAT Tier Membership Members may be offered first/priority access to limited ticket events as well as special access to private meet-and-greets, etc.

iii.The following table summarizes the rewards available to a Member based on the Member’s status as an 18 KARAT Tier Membership Member or a 24 KARAT Tier Membership Member (“Rewards”):

Membership Rewards

18 KARAT

24 KARAT

0-3 Nights Per Year at Qualifying Rates

4+ Nights Per Year at Qualifying Rates

Member Rates

X

X

Special Offers/Early Event Access

X

X

One Signature Drink Voucher per Qualifying Stay

X

X

One Spa Enhancement Voucher per Qualifying Stay

X

X

Late Checkout (2 PM as available)

X

Room Upgrade (as available at time of check-in)

X

Please note that some Rewards, such as Signature Drink and Spa Enhancement, are available to all Members. The Room Upgrade (as available) only applies to 24 KARAT Tier Membership Members currently on a stay at a Qualifying Rate and solely to the one guest room in which the Member stays. Rewards such as Member Rates and Late Check-Out (as available) can apply to up to three rooms booked by a Member at Qualifying Rates, provided the Member is staying in one of the rooms.

4. ADDITIONAL TERMS OF PARTICIPATION IN THE LOYALTY PROGRAM

4.1 Monitoring Membership Accounts. The Company reserves the right to monitor the Accounts of all Members, at any time and without notice, for compliance with Program Rules. The Company may review all Members’ Qualifying Nights balances and transaction history as well as use of Signature Drink and Spa Enhancement vouchers.

4.2 Adjustments. A Member may request credits of Qualifying Nights that are not reflected in a Member’s Account by contacting member support for stays at Participating Properties. Requests can be made by emailing member support at staygolden@meritagecollection.com and providing their name, address, email, phone, hotel name, check-in and check-out dates, reservation confirmation number, and a copy of their folio.

4.3 New Members. A new Member is eligible for Qualifying Nights for stays incurred and paid for by the Member during the calendar year of their individual enrollment in the Loyalty Program, and Membership Elite Night Credits are applied automatically to the Member Account. Members will receive periodic statements with information on their membership status, progression toward 24 KARAT tier status, and special Member offers and benefits. Requests can be made by emailing member support at staygolden@meritagecollection.com and providing their name, address, email, phone, hotel name, check-in and check-out dates, reservation confirmation number, and a copy of their folio.

4.4 Correction of Benefits. At any time and in the Company’s sole discretion (including, without limitation, where a Member was not eligible to earn a specific benefit pursuant to these Program Rules), the Company may correct (i) the number of Qualifying Nights credited to a Member’s Account, and (ii) any other benefit that has been credited to a Member’s Account, including, without limitation, any Membership status.

4.5 Exit of Participating Property. If a Participating Property exits the Loyalty Program for any reason, a Member will not earn Qualifying Nights for Member status for stays at such Participating Property, other promotions and special offers will no longer be valid after the date on which the Participating Property exited the Loyalty Program, even if the reservation for a stay at the former Participating Property was made prior to that date. The Loyalty Program has the right to terminate the Loyalty Program at any time by providing advance notice to Members in accordance with Section 1.5.d.

4.6 No Warranties or Representations, Express or Implied. The Company makes no warranties or representations, either expressed or implied, with respect to type, quality or fitness of goods or services provided through the Loyalty Program or by Participating Properties.

4.7 Not Responsible for Acts, Errors, or Omissions. The Company is not responsible for: (a) any loss or misdirection of, or delay in receiving, any Member application, correspondence, or Rewards; (b) any acts or omissions of third parties (including, without limitation, Participating Properties); or (c) any errors published in relation to the Loyalty Program, including, without limitation, any pricing or typographical errors, errors of description, errors regarding Participating Properties, and Loyalty Program affiliates, and errors in the crediting or deleting of Nights from Member Accounts. The Company reserves the right to correct, without notice, any errors.

4.8 Interpretation of Loyalty Program Rules. All interpretations of these Loyalty Program Rules regarding membership are at the Company’s sole discretion, and the Company’s decisions will be final. In the event of any discrepancy between the English version and any translated version of these Program Rules, the English language version will govern.

4.9 Trademarks. The Company and Participating Properties are the sole and exclusive owners or licensees of the trademarks, service marks, trade names, logos, and copyrighted or copyrightable materials of the Company, its affiliates, and the Participating Properties. Members shall never, directly or indirectly, interfere with, challenge, file applications for, or claim ownership of these trademarks anywhere in the world.

4.10 Waiver. The Company’s waiver of any breach of these Program Rules by any Member will not constitute a waiver of any other prior or subsequent breach of these Program Rules. The Company’s failure to insist upon strict compliance with these Program Rules by any Member will not be deemed a waiver of any rights or remedies the Company may have against that or any other Member. The Company may waive compliance with these Program Rules in its sole discretion and may run promotions from time to time that provide enhanced benefits to select Members.

4.11 Limitation of Liability. IN NO EVENT WILL THE COMPANY, ITS SUBSIDIARIES AND AFFILIATES, ITS FRANCHISEES OR LICENSEES, ANY PARTICIPATING PROPERTY, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH THE LOYALTY PROGRAM, THESE PROGRAM RULES, OR THE COMPANY’S OPERATION OF THE LOYALTY PROGRAM.

4.12 Choice of Law and Venue. Any disputes arising out of or related to the Loyalty Program or these Program Rules will be handled individually without any class action and will be governed by, construed and enforced in accordance with State and Federal Laws of the United States, without regard to its conflicts of law rules. The exclusive jurisdiction for any claim or action arising out of or relating to the Loyalty Program or the Program Rules may be filed only in the state or federal courts located in the State of California, United States.

4.13 Subject to Law. Membership in the Loyalty Program and the earning of Elite Night Credit(s) is/are subject to all applicable local laws and regulations. Membership in the Loyalty Program and Member benefits are offered in good faith; however, they may not be available if prohibited or restricted by applicable law or regulation in the United States or Member’s jurisdiction of residence. If any part of these Program Rules is held to be unlawful or unenforceable, that part will be deemed deleted from these Program Rules in such jurisdiction and the remaining provisions will remain in force.

4.14 Entire Agreement. The Program Rules, together with any other terms and conditions, rules, or regulations incorporated herein or referred to herein constitute the entire agreement between the Company and Members relating to the subject matter hereof, and supersede any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on a website for the Loyalty Program and containing the Program Rules.