Terms and Conditions:
- Renting this property is a “recreational use” as defined by Ohio law.
- This recreational use of this property is meant to be a rustic outdoor experience with all inherent risks that come with similar outdoor recreational activities like camping, hiking, climbing and swimming. I acknowledge that such risks include, but are not limited to, the following: (i) being struck by fallen rock, tree or other object from above, (ii) the hazards of walking on uneven terrain or trails, (iii) the risks of exposure to poison ivy, insect bites, or other injuries inflicted by animals, insects, reptiles or plants and (iv) the risks of falling while climbing, hiking, or staying on the Property. I further certify that I have no physical or medical condition that would interfere with my safety in staying at the Property.
- If you drink alcoholic beverages while on the property, you are to consume them responsibly and maintain low noise levels and not use the hot tubs, or natural swimming pool if you are under the influence of alcohol. The Property Owners reserve the right to investigate any suspicious activity or high noise levels and remove any non-complying guests at the Property Owners’ discretion.
- Over occupancy above stated cabin capacity is not allowed in any circumstance. Any other persons who are not listed on this waiver and have not signed a waiver would be considered a trespasser as well. Also if there are more persons than the listed capacity at any unit, then everyone at that unit would be considered a trespasser. Events or gatherings with more people than capacity who are not staying overnight can be scheduled with the property owners.
- By signing this contract, you are signing for and on behalf of any person under the age of 18 who will be using this recreational rental. If you do not have parental or legal authority to sign this Waiver on behalf of a minor person or persons, then that person under the age of 18 shall not be allowed on the property at any time and would be considered a trespasser.
- In consideration of being permitted to rent and stay at the Property, I agree that this Waiver will apply to not only myself and my family but all guests, and invitees as well. I understand that the risks of a recreational activity can include serious injury and death. I hereby release and hold harmless Retreat 21 and its members, principals, agents, officers, employees, and representatives (collectively “Releasees”) as well as the owner of the property.
- I understand and acknowledge that recreational Cabins or sleeping structures especially those created in and around trees have inherent risks different than those of ordinary motels, hotels or bed and breakfast facilities which have specific building codes. I also understand that Cabins and sleeping structures in and around trees are surrounded by nature with all that nature entails including but not limited to adverse weather affecting travel, electrical and utility outages, rocks, plants, animals, insects and rodents. I assume all such risks and agree to notify all guests of such risks.
- I hereby expressly waive and release any and all claims, now known or hereafter known, including but not limited to claims for personal injury, death, and/or loss of personal property against the Company, and its officers, directors, employees, agents, affiliates, members, successors and assigns (collectively, “Releasees”), arising out of or in connection with the use of the Property, whether arising out of the negligence of the Company or any Releasees or otherwise.
- I agree to defend, indemnify and hold harmless the Company and all other Releasees against any and all losses, damages, liabilities, claims, actions, judgments, settlements, interest, fines, costs, or expenses of whatever kind, including attorney fees, fees and the costs of enforcing any right to indemnification under this Agreement and the cost of pursuing any insurance providers, incurred by, arising out or resulting from any claim of a third party related to the use of the Property during the period of time in which the Company has allowed me to occupy or use the property.
- Please note that due to the nature of the exclusive reservations associated with the weekend wedding, all reservations are non-refundable. However, the one exception to the no-refund policy is in the case that the wedding event you are attending is cancelled, you will be provided a full refund. Please note that the property owners reserve the right to cancel your reservation (and provide a refund) if the wedding event is cancelled.
- I acknowledge that I have read this entire document and that I understand its terms and agree to be bound by them. I understand that this document shall be binding upon me, my heirs, assigns and personal representatives including my Estate and will apply to all minor children.
As lawful consideration for being permitted by the Company to make use of the Property, Guest agrees to all the terms and conditions set forth in this agreement (this “Agreement”).
- Guests agree to follow all rules and procedures regarding the use and occupancy of the Property and covenants that any other guest staying on the Property shall abide by the below rules. Such rules may include, but are not limited to, the following:
- No pets are allowed on the property or in the guest cabins. (Exceptions are made for the Bride & Groom as part of their main cabin rental.)
- Using Hot Tubs if you’re under the influence of Alcohol can be hazardous. There is no Medic or Lifeguard on staff at any of the properties. CHILDREN MUST BE SUPERVISED AT ALL TIMES. Please leave the cover on Hot Tubs when not in use.
- Guest may not cause any damage (including any carving or graffiti) to the Property or any tree located on the Property; Including any furniture, fixtures, appliances, houseware, structure of the Property and other related items;
- Guest agrees that they will not exceed the state capacity of each cabin during the term of this Agreement;
- Check-in time is 3:00 pm on Friday and check-out time is 10:00 am on Sunday, unless otherwise agreed upon by the parties hereto.
- Guest agrees that no use of firearms or fireworks are to take place on the Property.
- Guest agrees that no use of ATV or other off-road vehicles is to take place on the Property.
- Guest agrees to allow Company or its representatives access to the Property should Company determine such access is necessary.
- Guests agree not to use the Property in any manner that disturbs nearby residents or guests or in any manner which violates applicable laws and ordinances.
- Guest agrees to be responsible for any damages or excessive cleaning costs resulting from the use of the Property by Guest.
- Company is not responsible for any personal property which is lost, left behind, stolen or damaged on the Property.
- Guest expressly waives and releases any and all claims, now known or hereafter known, including but not limited to claims for personal injury, against the Company, and its officers, directors, employees, agents, affiliates, members, successors and assigns (collectively, “Releasees”), arising out of or in connection with the use of the Property, whether arising out of the negligence of the Company or any Releasees or otherwise.
- Guest agrees to defend, indemnify and hold harmless the Company and all other Releasees against any and all losses, damages, liabilities, claims, actions, judgments, settlements, interest, fines, costs, or expenses of whatever kind, including attorney fees, incurred by, arising out of, or resulting from any claim of a third party related to the use of the Property during the period of time in which the Company has allowed Guest to occupy or use the Property.
- Guest agrees to pay all court costs and reasonable attorney fees incurred by Company in the enforcement of Company’s rights under this Agreement.
- Nothing stated in Sections 7, 8 and 9 shall limit the release of liability and indemnifications of the Guest that may be entered into under a separate release of liability or indemnification agreement.
- This Agreement constitutes the sole and entire agreement of the Company and Guest with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter.
- If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
GUESTS WHO ARE FOUND IN VIOLATION OF ANY STATED RETREAT 21 RULES INCLUDING, BUT NOT LIMITED TO: THE ABOVE STATED RULES, QUIET HOURS, SWIMMING POOL RULES, AND HIKING/NATURE AREAS WILL BE SUBJECT TO A $1000 FEE THAT WILL BE CHARGED TO THE CREDIT CARD WHICH IS ON FILE.
GUEST HEREBY EXPRESSLY CONSENTS TO THE RULES AND PROCEDURES DELINEATED ABOVE AND HEREBY AGREES TO PAY ANY COSTS ASSOCIATED WITH THE ENFORCEMENT OF THE ABOVE OR THE COSTS OF REPLACEMENT OR REPAIR INCURRED IN CONNECTION WITH ANY DAMAGE CAUSED TO THE PROPERTY.
NOTWITHSTANDING THE FOREGOING SENTENCE, GUEST HEREBY AGREES THAT ANY DAMAGE TO CABIN PROPERTIES OR ANY TREE ON THE PROPERTY CAUSED BY CARVING OR GRAFFITI SHALL RESULT IN A $1,500 FINE, PAYABLE TO THE COMPANY IMMEDIATELY. GUEST FURTHER CONSENTS THAT IF DAMAGE CAUSED BY CARVING OR GRAFFITI TO CABIN PROPERTIES OR ANY TREE ON THE PROPERTY REASONABLY EXCEEDS THE $1,500 FINE, GUEST SHALL BE RESPONSIBLE FOR ANY AMOUNT IN EXCESS OF THE AFOREMENTIONED FINE.
BY ACCEPTING THESE TERMS I ACKNOWLEDGE THAT I HAVE READ AND ACCEPT THE TERMS AND CONDITIONS OR SIGNING AND DATING BELOW, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY.