rental agreement & policies
Page 1 of 25
CAMP 400, LLC. RENTAL AGREEMENT
This rental agreement (“Agreement”) is entered into by and between CAMP 400, LLC., CAMP 400, LODGE 400 (if collectively designated, referred to as “CAMP”, and _________________________ (“Guest(s)”). CAMP and Guest(s) may collectively be referred to as the (“Parties”). This Agreement creates joint and several liabilities in the case of multiple Guests. The Parties agree as follows:
SPECIFIC PROPERTY RENTAL AGREEMENT TERMS AND CONDITION
1. Lodge 400 is a venue and rental property located at 24059 York Rd. McCune, KS 66753
1.1 Lodge 400 rental options:
(a) Venue Barn (“Barn”) only – A large event space.
(i) Single Day ___________.
(ii) Guest(s) of the Barn have access to the McCown Lounge (“Lounge”) and Lodge 400’s main floor. The Barn and Lodge 400 are in the same building but are separate rental units. The Lounge is a 1930’s style saloon, located on the lower floor of the Barn, and separated by double locking doors from Lodge 400’s rental units.
(iii) Guest(s) of the Barn have NO access to Lodge 400’s living quarters on the second floor.
(iv) Guest(s) have NO access to Camp 400.
(b) Lodge 400 only – A two story living quarters located in the Barn. Double locking doors separate the Lodge 400 from the Lounge. The Lodge 400 provides a traditional four (4) bedroom layout, located upstairs of the Lodge 400’s main floor. The Barn and Lodge are in the same building but are separate rental units.
(i) Single Night _________.
(ii) Guest(s) have access to Lounge.
(iii) Guest(s) have NO access to Barn. The Barn is separated from the Lounge by double locking doors.
(iv) Guest(s) have NO access to Camp 400.
(c) Barn and Lodge.
(i) Single Day and Night _________.
Page 2 of 25
(ii) Guest(s) have access to Lounge. The Lounge is separated from the Lodge by double locking doors.
(iii) Guest(s) have access to Barn. The Barn is separated from the Lounge by double locking doors.
(iv) Guest(s) have access to the Lodge’s living quarters located on the second floor.
(iv) Guest(s) have NO access to Camp 400.
1.2 Lodge 400 Wedding Packages
(a) Package 1
(i) Single day Barn _________.
(ii) Guest(s) have access to the Lounge.
(iii) Guest(s) have access to the Lodge’s main floor. Guest(s) have NO access to the Lodge’s living quarters on second floor of the Lodge. Guest(s) must rent the Lodge to have access to the second floor.
(iv) Guest(s) have NO access to Camp 400.
(v) Check-in begins after 9:00 AM (Central Time), and we will use our best efforts to have the Property ready for you at such time. In rare instances, check-in to the Property may be unavoidably delayed due to unexpected issues. Should a delay after 9:00 AM occur, we will notify the signature representative on this Agreement immediately. You are not allowed to enter the property until check-in is complete by authorized staff. Housekeeping and maintenance staff are not authorized to grant access to the Property.
(vii) Camp 400, LLC agent will send, via text or phone call to the number on file, authorization to enter the property when it is ready for check in.
(viii) Check-out time is 12:00AM (Central Time). Late check-outs require special arrangements and may be subject to an additional fee of $75. Refunds are not given for late arrivals or early departures.
(b) Package 2
(i) One (1) Day Barn and One (1) night stay at Lodge _______.
(ii) Guest(s) have access to Barn, Lodge, and Lounge.
(iii) Guest(s) have NO access to Camp 400.
(iv) Check-in begins after 9:00 AM (Central Time), and we will use our best efforts to have the Property ready for you at such time. In rare instances,
Page 3 of 25
check-in to the Property may be unavoidably delayed due to unexpected maintenance and/or housekeeping issues.
(v) You are not allowed to enter the Property until all housekeeping and inspections have been completed, and housekeepers are not authorized to grant access to the Property.
(vi) Camp 400, LLC agent will send, via text or phone call to the number on file, authorization to enter the property when it is ready for check in.
(vii) Check-out time is 12:00PM (Central Time) next day. Late check-outs require special arrangements and may be subject to an additional fee of $75. Refunds are not given for late arrivals or early departures.
(c) Package 3
(i) Two (2) day Barn and two (2) night stay at Lodge _________.
(ii) Guest(s) have access to Barn, Lodge, and Lounge.
(iii) Guest(s) have NO access to Camp 400.
(iv) Check-in begins after 9:00 AM (Central Time), and we will use our best efforts to have the Property ready for you at such time. In rare instances, check-in to the Property may be unavoidably delayed due to unexpected maintenance and/or housekeeping issues.
(v) You are not allowed to enter the Property until all housekeeping and inspections have been completed, and housekeepers are not authorized to grant access to the Property.
(vi) Camp 400, LLC agent will send, via text or phone call to the number on file, authorization to enter the property when it is ready for check in.
(vii) Check-out time is 12:00PM (Central Time) last day. Late check-outs require special arrangements and may be subject to an additional fee of $75. Refunds are not given for late arrivals or early departures.
1.4 Add-on’s
(a) 4 hours night before wedding. _________________.
(b) Sunday morning clean-up (8am – 12pm). _________.
(c) Camp 400 cabin ______ day(s)___________/day. Guests must sign section 2 of this rental agreement.
1.5 Half Day Barn and Lounge access
(a) Friday through Sunday
Page 4 of 25
(i) Fifty (50) people or less _________.
(1) Guest(s) have NO access to Lodge living quarters on second floor of Lodge. Lodge living quarters are separated from the main floor of the Lodge by stairs. Guest(s) must rent the Lodge to have access to the second floor.
(2) Guest(s) have NO access to Camp 400.
(3) Check-in begins after 4:00 PM (Central Time), and we will use our best efforts to have the Property ready for you at such time. In rare instances, check-in to the Property may be unavoidably delayed due to unexpected maintenance and/or housekeeping issues.
(4) You are not allowed to enter the Property until all housekeeping and inspections have been completed, and housekeepers are not authorized to grant access to the Property.
(5) Camp 400, LLC agent will send, via text or phone call to the number on file, authorization to enter the property when it is ready for check in.
(6) Check-out time is 11:00PM (Central Time). Late check-outs require special arrangements and may be subject to an additional fee of $75. Refunds are not given for late arrivals or early departures.
(ii) More than Fifty (50) people _________.
(1) Guest(s) have NO access to Lodge living quarters on second floor of Lodge. Lodge living quarters are separated from the main floor of the Lodge by stairs. Guest(s) must rent the Lodge to have access to the second floor.
(2) Guest(s) have NO access to Camp 400.
(3) Check-in begins after 4:00 PM (Central Time), and we will use our best efforts to have the Property ready for you at such time. In rare instances, check-in to the Property may be unavoidably delayed due to unexpected maintenance and/or housekeeping issues.
(4) You are not allowed to enter the Property until all housekeeping and inspections have been completed, and housekeepers are not authorized to grant access to the Property.
(5) Camp 400, LLC agent will send, via text or phone call to the number on file, authorization to enter the property when it is ready for check in.
Page 5 of 25
(6) Check-out time is 11:00PM (Central Time). Late check-outs require special arrangements and may be subject to an additional fee of $75. Refunds are not given for late arrivals or early departures.
(a) Monday through Thursday
(i) Fifty (50) people or less _________.
(1) Guest(s) have NO access to Lodge living quarters on second floor of Lodge. Lodge living quarters are separated from the main floor of the Lodge by stairs. Guest(s) must rent the Lodge to have access to the second floor.
(2) Guest(s) have NO access to Camp 400.
(3) Check-in begins after 4:00 PM (Central Time), and we will use our best efforts to have the Property ready for you at such time. In rare instances, check-in to the Property may be unavoidably delayed due to unexpected maintenance and/or housekeeping issues.
(4) You are not allowed to enter the Property until all housekeeping and inspections have been completed, and housekeepers are not authorized to grant access to the Property.
(5) Camp 400, LLC agent will send, via text or phone call to the number on file, authorization to enter the property when it is ready for check in.
(6) Check-out time is 10:00PM (Central Time). Late check-outs require special arrangements and may be subject to an additional fee of $75. Refunds are not given for late arrivals or early departures.
(ii) More than Fifty (50) people _________.
(1) Guest(s) have NO access to Lodge living quarters on second floor of Lodge. Lodge living quarters are separated from the main floor of the Lodge by stairs. Guest(s) must rent the Lodge to have access to the second floor.
(2) Guest(s) have NO access to Camp 400.
(3) Check-in begins after 4:00 PM (Central Time), and we will use our best efforts to have the Property ready for you at such time. In rare instances, check-in to the Property may be unavoidably delayed due to unexpected maintenance and/or housekeeping issues.
Page 6 of 25
(4) You are not allowed to enter the Property until all housekeeping and inspections have been completed, and housekeepers are not authorized to grant access to the Property.
(5) Camp 400, LLC agent will send, via text or phone call to the number on file, authorization to enter the property when it is ready for check in.
(6) Check-out time is 10:00PM (Central Time). Late check-outs require special arrangements and may be subject to an additional fee of $75. Refunds are not given for late arrivals or early departures.
1.6 Reservation Deposit
(a) A reservation deposit of $500 is due at the time of reservation. The deposit saves the date of the reservation and will be returned thirty (30) days after check-out. This is not a damage deposit.
1.7 Payment of Rent
(a) The balance of the rental fee is due twenty-four (24) hours prior to the Check-In date.
(b) For stays longer than 30 days, the balance of the rental fee is due ninety (90) days prior to the Check-In date.
(c) We accept electronic checks and credit cards (Master Card, Visa, Discover and American Express). Credit cards, however, are only accepted for short-term rentals (stays of less than 30 days).
Guest(s) agrees to the following rental at Lodge 400 __________________________________.
CERTIFICATION: Guest(s) hereby certify and consent that I/we have read the entire section one (1) for Lodge 400 rental terms and conditions and agree to the terms and will comply with them during the course of this Rental.
CAMP 400, LLC
Date ___________________ By_________________________
David Edgerton, Owner
By__________________________
Guest:
By__________________________
Guest:
Page 7 of 25
2. Camp 400
2.1 Camp 400 is a rental property located at 1394 NW 400 HWY McCune, KS 66753.
2.2 Camp 400 Guest(s) do not have access to Lodge 400 unless Guest(s) complete section one (1) of this agreement.
2.4 Camp 400 rental rates.
(a) One night stay at Camp 400. _________.
(b) Guest(s) agrees to _________ night(s) at _________ per night, for a total of . _________.
2.3 Check-In and Check-Out Times.
(a) Check-in begins after 4:00 PM (Central Time), and we will use our best efforts to have the Property ready for you at such time. In rare instances, check-in to the Property may be unavoidably delayed due to unexpected maintenance and/or housekeeping issues.
(b) You are not allowed to enter the Property until all housekeeping and inspections have been completed, and housekeepers are not authorized to grant access to the Property.
(c) Camp 400, LLC agent will send, via text or phone call to the number on file, authorization to enter the property when it is ready for check in.
(d) Check-out time is 10:00AM (Central Time). Late check-outs require special arrangements and may be subject to an additional fee of $75. Refunds are not given for late arrivals or early departures.
(e) Check-In and Check-Out Times for Guest(s) who have selected a wedding package with an overnight stay from Lodge 400 shall have the time listed under the Wedding Package selected control the check-in and check-out times.
2.4 Reservation Deposit
(a) A reservation deposit of $500 is due at the time of reservation. The deposit saves the date of the reservation and will be returned thirty (30) days after check-out. This is not a damage deposit.
Guest(s) agrees to the following rental at Camp 400 _________________________________.
Page 8 of 25
CERTIFICATION: Guest(s) hereby certify and consent that I/we have read the entire section two (2) for Camp 400 rental terms and conditions and agree to the terms and will comply with them during the course of this Rental.
CAMP 400, LLC
Date ___________________ By_________________________
David Edgerton, Owner
By__________________________
Guest:
By__________________________
Guest:
3. Advance Reservation and Rates.
3.1 We accept reservations up to one year in advance. We reserve the right to correct or adjust rates to the published rates at the time of the reservation in the event that they have been misquoted due to human and/or computer error.
4. Payment Method.
(a) Please provide payment directly with one of our property managers over the phone or via the online payment system if making a booking online. The final payment will be automatically charged twenty-four (24) hours prior to your arrival using the same credit card you used to process the booking deposit.
(b) Camp 400, LLC reserves the right to accept cash check, .
(c) Card on File. Guests give Camp 400 permission to charge the credit card on file for anything over the policy limit or not covered by the damage waiver. There will be no additional charges provided the following provisions are met:
(i) No damage is done to the property or its contents, beyond normal wear and tear;
(ii) Guest did not incur any charges due to contraband, pets, or collection of rents or services rendered during the stay;
(iii) No excessive cleaning is required;
(iv) All keys and pool/beach passes are left in the designated location;
Page 9 of 25
(v) The unit is left locked; and
(vi) No linens are lost or damaged. Guest(s) whose name is on the reservation will remain responsible for all other Guest(s), children and/or visitors during entire rental of subject property.
5. Cancellation and Changes.
(a) Reservations may be cancelled or shortened by notifying the Rental Manager in writing at least 45 calendar days prior to your arrival date (“Cancellation Period”). In such instances, the full amount of your Reservation Deposit will be refunded, less a $200.00 administrative cancellation/change fee.
(b) In the event of cancellations or shortened stays made after the Cancellation Period, you will be responsible for the full amount of the total booking charges.
6. Accommodation Selections.
(a) Camp 400, LLC will reserve for you the specific Camp 400 or Lodge 400 option(s) selected at the time of your reservation upon the receipt of your deposit and signed contract.
(b) Subject to availability for maintenance, owner usage, or other issues that may render the accommodations unsuitable for rental, and/or subject to the property remaining as a Camp 400 or Lodge 400 accommodation at the time of the stay, guests will be placed in the specific unit set forth in their reservation agreement, or otherwise provided with a full refund or an opportunity to stay in an equivalently priced accommodation if available.
(c) Notwithstanding Camp 400, LLC efforts, if the specific unit reserved is unavailable for any reason, guests will be limited to a full refund or similar accommodation at their election.
(d) In no event will Camp 400, LLC be responsible for any direct or indirect costs, expenses, fees or other consequential damage(s) resulting from the unavailability of a specific accommodation.
7. Pet Policy.
7.1 Dog are only permitted at Camp 400 or Lodge 400 accommodations with prior approval and with a $250 per pet non-refundable pet fee which will be added to the reservation.
7.2 Guests who violate this policy will be charged an additional $500, plus the expense of any necessary cleaning. Violations may also result in immediate eviction and forfeiture of rent.
7.3 No pet inside except designated areas.
7.4 GUEST(S) HEREBY RELEASE AND AGREE TO SAVE AND HOLD HARMLESS, CAMP400, LLC, CAMP 400, LODGE 400, THEIR MEMBERS, STAFF, ANY
Page 10 of 25
AFFILIATES, OR PROPERTY OWNERS FROM ANY AND ALL LIABILITY, CLAIMS, SUITS, ACTIONS, LOSS, INJURY, OR DAMAGE WHICH I OR MY PET MAY SUSTAIN OR WHICH MAY BE CAUSED IN ANY WAY BY MY PET.
7.5 I SPECIFICALLY, WITHOUT LIMITATION, AGREE TO FULLY IDEMNIFY CAMP 400 LLC, CAMP 400, AND LODGE 400, THEIR MEMBERS, STAFF, ANY AFFILIATES, OR PROPERTY OWNERS FOR ANY AND ALL SUCH LIABILITY, CLAIMS, SUITS, ACTIONS, LOSSES, INJURY, OR DAMAGE.
7.6 I UNDERSTAND THAT I AM SOLELY FINANCIALLY RESPONSIBLE FOR ANY DAMAGE OR HARM CAUSED BY MY PET DURING OUR TIME AT CAMP 400, LLC., CAMP 400, AND/OR LODGE 400.
7.7 Guest(s) acknowledge that they have read and fully understand the Pet Policy in Addendum 1.
7.8 Notwithstanding this provision, Camp 400 is committed to providing reasonable accommodation to protect the rights of guests with disabilities to bring a “service animal” (as defined by Kansas and federal law) under the terms of The Fair Housing Amendments Act of 1988, Section 504 of the Rehabilitation Act of 1973, and Title II of the Americans with Disabilities Act. If a guest needs a service animal who has been trained to do work or perform tasks for a disability, he or she should request reasonable accommodation, in writing, from Camp 400, LLC at the time of their reservation. The request should state that the guest has a disability and provide the specific work or task that the service animal has been trained to perform. Guests need not disclose the details of their disability nor provide a detailed medical history. Guests will be responsible for any damage(s) caused by a service animal, including any additional cleaning fees required at the end of the stay to prepare the Property for incoming guests.
8. No Smoking. Smoking is not permitted inside of any Camp 400, LLC, Camp 400, and Lodge 400, or property. Guests who violate this policy will be charged an additional $2000.00, plus the expense of any cleaning deemed necessary by Camp 400, LLC in its sole discretion. Violations will also result in eviction and forfeiture of any rental payments.
9. Maximum Occupancy. The maximum number of guests per accommodation is based on the individual accommodation’s ability to house our guests comfortably and safely. If the maximum occupancy is exceeded, you may be asked to vacate the property and forfeit any rental payments.
10. Age Requirements. No units will be rented to vacationing students or young adults under 21, unaccompanied by a responsible parent or guardian at a ratio of five (5) young adults to one (1) adult over 25. The person on the reservation must be staying in the unit at all times. Guests who violate this policy will be immediately evicted and forfeit any rental payments.
Page 11 of 25
11. Entry by Camp 400, LLC. Camp 400, LLC or its agents may enter the property and units for Camp 400, LLC, Camp 400, and Lodge 400 in case of an emergency, to make any repairs, alterations or improvements, to supply services, to show the property to prospective purchasers, renters or contractors, or upon reasonable suspicion that guest has breached any of its obligations hereunder. We will try to provide at least 3 hours' notice of intent to enter the property except in the case of an emergency, provided, that failure to provide advance notice of intent to enter the property shall not affect our ability to enter for the reasons set forth above.
12. Housekeeping and Maintenance.
(a) Your Camp 400, LLC, Camp 400, or Lodge 400 rental will be cleaned to our quality standards prior to your arrival and after your departure. You will be responsible for the cleaning of your unit during your stay and for leaving the unit in good condition at check-out.
(b) If units are found abnormally dirty at check-out, additional charges will be charged to your credit card on file to assist in performing a deep cleaning of the unit.
(c) By signing this Agreement, you accept responsibility for any such damages and authorize Manager to charge the credit card on file to reimburse the Manager in full for any expenses related to such additional cleaning, up to 150% of the property cleaning amount without any further approval from you.
(d) All stays will be subject to a cleaning fee.
(e) During your stay, promptly report any maintenance problems to the Manager. No refund or rate adjustment will be made for maintenance failures, including any disruptions or failures related to the supply of electricity, water, pool systems, air conditioning, telephone, television or cable service, appliances, wi-fi, etc., regardless of whether such issues were reported to the Manager.
13. Amenities
(a) Camp 400, LLC provides the property with a complimentary set of amenities including a roll of paper towels per kitchen sink, a dishwasher tablet, kitchen trash bag, a hand soap per bathroom sink, a roll of toilet paper per bathroom, and a small sample of each of the following per full bathroom: shampoo, conditioner, body lotion.
(b) You are responsible for the purchase of any additional items you may require during your stay.
(c) Camp 400, LCC, Camp 400 and Lodge 400 may provide fire pits for use by Guest(s). Guest(s) acknowledges that Camp 400, LLC may forbid operation of fire pits for any reason. Camp 400, LLC has the sole discretion as to the
Page 12 of 25
availability and use of any fire pits. All open fires shall be in a fire pit and authorized by a Camp 400, LLC agent.
14. Event Insurance. Guest(s) agree to purchase special event insurance from Event Helper, www.eventhelper.com. Insurance shall cover the total number of days Guest(s) have reserved and shall include the combined daily attendance of Guest(s).
15. Propane Tanks. Should a propane tank for a grill become empty during a guest’s stay during regular business hours (9 AM- 5 PM CST), Camp 400, LLC will come exchange it. If it is reported empty after hours, this is a non-emergency item and will be replaced within 24 hours. At any time during business hours or after hours, the guest has the option to exchange the tank themselves at their own risk. If the original receipt is provided to the Manager, we will reimburse the guest for the exchanged propane tank. Reimbursement will be made to the credit card on file for the reservation only. Camp 400, LLC is not liable for loss of food products due to propane running out during cooking.
16. Damage Policy.
(a) Guest(s) assume complete financial responsibility for any and all damage to property of CAMP 400, LLC., CAMP 400, LODGE 400 (including, but not limited to, the lodge, any of the lodge components, and rental items) caused by myself, my child(ren), and/or my pet(s) during my stay on the property.
(b) Guests are responsible for the property, its contents, and themselves during occupancy. Guests must lock windows and doors securely when not in the rental unit. Rearranging the furniture or removing any items from the unit is prohibited. After Check-Out, the Manager will inspect the unit for damage, rearranged furniture, missing items, and abnormally dirty appearance. If the Manager determines that damage has occurred, items are missing, or the unit is abnormally dirty, the Manager will repair the damage, replace the missing items, and/or perform a deep clean of the unit at your expense.
(c) By signing this Agreement, you accept responsibility for any such damages and authorize Manager to charge the credit card on file to reimburse the Manager in full for any expenses related to such damages up to 2% of the total reservation amount without any further approval from you.
17. Weather or other Occurrence.
(a) Tornadoes and Severe Weather. Refunds for cancellations or shortened stays due to actual or anticipated tornadoes, windstorms, other inclement weather, or Acts of God will not be issued by Manager under any circumstances. We recommend all guests purchase travel protection insurance.
(b) Interference with Stay. We are not liable for any disturbance or interruption that may occur during your stay that is outside of our reasonable control, including noises, disturbances, or facility closures, whether due to construction, neighbors, events, or other circumstances beyond our reasonable control. As such, guest(s)
Page 13 of 25
shall not be entitled to a refund relating to any such disturbances or interference nor to be moved to another property.
18. Security of Personal Property. The Manager is not responsible for any acts of theft or vandalism, or other damage(s) to any personal property or for personal items left by guest(s) during accommodation or departure.
19. No Subletting
(a) The rental property may not be sublet. Your reservation is not transferable to any other party.
(b) If two or more parties reserve or occupy a single property, and one or more of the parties cancel, the primary guest whose name appears on the reservation is financially responsible for all booking charges associated with the reservation. In addition, each party, jointly and severally, is required to be in compliance with all of these terms and conditions and will be liable for any and all damages which may be caused during a stay.
20. Compliance with Laws, Rules and Regulations
(a) Guest shall abide by and observe all applicable federal, state and local laws during their stay, as well as any rules and regulations governing the use of the property and neighborhood you are occupying. These rules apply to both owners and guests, and failure to comply will result in eviction and forfeit of all booking charges.
(b) If you or other occupants
(i) fail to strictly abide by the laws of the United States, the state of Kansas, local laws and/or neighborhood rules and regulations, or otherwise fail to strictly abide by the terms of this agreement,
(ii) cause damage to the property or any surrounding area, or
(iii) engage in any other act(s) which interfere with others’ rights to quiet enjoyment of their premises, guest shall be subject to immediate eviction from the property without any refund and liability for additional charges for damages incurred. All such decisions shall be in the sole discretion of Camp 400, LLC.
21. INDEMNITY, LIMITATION OF LIABILITY, AND RELEASE
(A) YOU AND ALL OCCUPANTS SHALL, JOINTLY AND SEVERALLY, DEFEND, INDEMNIFY AND HOLD CAMP 400, LLC (INCLUDING ITS MEMBERS, OFFICERS, EMPLOYEES, SUBCONTRACTORS, AGENTS AND REPRESENTATIVES) AND THE OWNER (THE “MANAGER PARTIES”), HARMLESS FROM ANY AND ALL CLAIMS, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING, BUT NOT LIMITED TO,
Page 14 of 25
REASONABLE ATTORNEYS’ FEES AND COSTS OF SUIT) INCURRED THE MANAGER PARTIES RELATED TO, AS A RESULT OF OR ARISING FROM THE ACTIONS OF THE GUEST AND ANY OCCUPANTS, INCLUDING ANY NEGLIGENT ACTS OR OMISSIONS, WILLFUL MISCONDUCT, VIOLATIONS OF LAWS OR ANY OBLIGATIONS IN THIS AGREEMENT, EXCEPT TO THE EXTENT SUCH CLAIMS, DEMANDS AND ACTIONS ARISE FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE MANAGER PARTIES.
(B) LIMITATION OF LIABILITY. YOU UNDERSTAND AND AGREE THAT NO MANAGER PARTY ASSUMES ANY LIABILITY FOR LOSS, DAMAGE, CLAIM OR INJURY TO PERSONS OR THEIR PERSONAL PROPERTY WHILE ON THE PREMISES, NOR FOR ANY INCONVENIENCE, DAMAGE, CLAIM, LOSS OR INJURY ARISING FROM OR RELATED TO ANY TEMPORARY DEFECTS OR STOPPAGE IN SUPPLY OF WATER, GAS, CABLE SERVICE, ELECTRICITY, INTERNET SERVICE OR PLUMBING; CHANGES TO RENTAL ASSIGNMENTS; WEBSITE OR BROCHURE ERRORS; WEATHER CONDITIONS; NATURAL DISASTERS; ACTS OF GOD; OR OTHER REASONS BEYOND THEIR CONTROL.
(C) RELEASE OF THE MANAGER PARTIES. IN ADDITION TO THE OTHER SPECIFIC RELEASES SET FORTH IN THIS AGREEMENT AND ITS ADDENDUM, YOU, FOR YOURSELF, YOUR HEIRS, ASSIGNORS, EXECUTORS, AND ADMINISTRATORS, AND ON BEHALF OF EACH OCCUPANT OF THE PROPERTY, AND SUCH OCCUPANTS’ HEIRS, ASSIGNORS, EXECUTORS AND ADMINISTRATORS, FULLY RELEASE AND DISCHARGE THE MANAGER PARTIES FROM ANY AND ALL LIABILITIES, CLAIMS, DEMANDS, AND CAUSES OF ACTION WHICH YOU, ANY OCCUPANT OR THEIR FAMILY MEMBERS HAVE OR MAY HAVE IN THE FUTURE BY REASON OF ANY INJURY, LOSS OR DAMAGE BY WHATEVER NATURE WHICH HAS OR HAVE OCCURRED, OR MAY OCCUR TO YOU, OR TO ANY OF THE OCCUPANTS DURING THE STAY AS A RESULT, OR IN CONNECTION WITH THE OCCUPANCY OF THE PROPERTY OR IN USE OF ANY ITEM PROVIDED DURING YOUR STAY, INCLUDING BIKES, GOLF CARTS OR OTHER RECREATIONAL ITEMS, INCLUDING ANY CLAIMS, DAMAGES, COSTS OR CAUSES OF ACTION DUE TO THE NEGLIGENCE, BREACH OF CONTRACT OR WRONGFUL CONDUCT OF ANY MANAGER PARTY, AND AGREE NOT TO SUE AND TO HOLD THE MANAGER PARTIES FREE AND HARMLESS OF ANY CLAIM OR SUIT ARISING THERE FROM. THE UNDERSIGNED UNDERSTANDS, INTENDS AND DESIRES TO RELEASE THE MANAGER PARTIES FROM ANY AND ALL LIABILITY ARISING FROM OR RELATED TO THE OCCUPANCY OF THE PROPERTY TO THE FULLEST EXTENT PERMITTED BY THE LAWS OF THE STATE OF KANSAS.
Page 15 of 25
(D) WAIVER OF JURY TRIAL. BY ENTERING INTO THIS AGREEMENT, THE PARTIES KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A JURY TRIAL AS TO ANY CLAIMS A PARTY MAY CLAIM TO HAVE AGAINST THE OTHER WHICH ARISES OUT OF THIS AGREEMENT OR THE COURSE OF DEALINGS BETWEEN THE PARTIES.
(E) I ACKNOWLEDGE THAT I HAVE COMPLETELY READ AND FULLY UNDERSTAND THE ACTIVITY WAIVER AND RELASE IN ADDNEDUM THREE (3) AND AGREE TO BE BOUND THEREBY. I HEREBY RELEASE ANY AND ALL CLAIMS AGAINST CAMP 400, LLC., CAMP 400, AND LODGE 400.
22. Use of Personal Data and Private Information.
(a) Your privacy and the protection of your private information, such as your email address, credit card information, physical address, and name is important to us. We will only use your financial information (including your credit card information on file) as necessary to process payment for booking charges and other authorized fees and damages in accordance with this agreement. We will only use your other private information that we may collect to
(i) fulfill, offer, or further develop (or improve) our products, services, and offers or those of our affiliates,
(ii) communicate with you or our applicable employees, agents, and third-party service providers, and
(iii) provide you information about new and existing products, services, and offers that may interest you related to Camp 400, LLC or our affiliates.
(b) Additionally, we may also collect “cookies” (small files that contain unique identifiers that allow our computers to identify your web browser, though not you specifically, each time you visit our website) and anonymous information about you, such as how long you stayed on the website, the name of your internet service provider, and the portions of our website you viewed. Any cookies or anonymous information we collect will only be used to improve functionality of our website, or for research and analytical purposes (though no personal information about you will be included for research and analytical purposes). Your personal information will not be shared or sold to third parties for the purpose of their telemarketing or selling their products or services, unless you otherwise consent to such disclosure or sale.
(c) While utilizing our website, or any internet access made available during your stay at one of our locations, you agree not to engage in any activity that violates any federal or state privacy, copyright, or criminal law, or that could be considered malicious or unethical. If you become aware of such activity by yourself, or by another, you must immediately notify us. Likewise, you agree not
Page 16 of 25
to share or disclose any password created by you, or made available to you, related to internet access or our website.
(d) Despite our continual and evolving efforts to maintain appropriate protections, we cannot guarantee the security of your private information. Accordingly, you acknowledge and agree that we make no such guarantee. You recognize and accept that we have no control over the unauthorized interception or breach of any communications or data once it has been sent or has been subject to unauthorized access, notwithstanding all reasonable security measures employed by us or our third-party vendors. You consent to our use of these electronic devices and applications and submission of confidential client information to third-party service providers for your reservation.
(e) Similarly, our website may provide links to other websites or resources, of which we have no control over. We are not responsible for the availability of such external websites or resources, and we do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources.
(d) You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource.
23. Photo, Video, and Interview
(a) Guest(s) acknowledge that they have completely read and fully understand the consent and release in Addendum two (2) and agree to be bound thereby. Guest(s) hereby release any and all claims against CAMP 400, LLC., CAMP 400, LODGE 400, and any person or organization utilizing this material for marketing, educational, promotional, and/or any other lawful purpose whatsoever.
24. Applicable Law.
(a) This Agreement shall be deemed to have been made and entered into in the State of Kansas, and will in all respects be governed by, construed under, and enforced and interpreted in accordance with the laws of the State of Kansas, excluding its principles of conflicts of laws.
(b) Venue, Jurisdiction, and Attorneys’ Fees. The exclusive venue for any civil action related to this agreement or the course of dealings between the parties is the courts sitting in Crawford County, Kanas. The parties hereby submit to the personal jurisdiction of all the courts in the previous sentence and agree not to challenge such jurisdiction. In any action, suit, or proceeding to enforce or interpret the terms of the Agreement or to collect any amount due hereunder, the prevailing party shall be entitled to reimbursement for all costs and expenses reasonably incurred in enforcing, defending or interpreting its rights hereunder, including, but
Page 17 of 25
not limited to, all attorneys’ fees and the costs expended in determining entitlement to and amount of such fees.
25. Force Majeure. Notwithstanding any other provision of this Agreement, no party to the Agreement shall be deemed in default or breach of this Agreement or liable for any loss or damages or for any delay or failure in performance (except for the payment of money) due to any cause beyond the reasonable control of, and without fault or negligence by such party.
26. Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes any prior understanding, marketing or agreement among them respecting the subject matter hereof. There are no representations, arrangements, understandings or agreements, oral or written, relating to the subject matter of this Agreement, except those fully expressed herein. No waiver of any provision hereof shall be valid or binding on the parties hereto, unless such waiver is in writing and signed by or on behalf of the parties hereto, and no waiver on one occasion shall be deemed to be a waiver of the same or any other provision hereof in the future.
27. Severability. If any term or provision of this Agreement is held illegal, invalid or unenforceable, such illegality, invalidity or unenforceability shall not affect the legality, validity or enforceability of the remainder of this Agreement.
28. Binding; No Assignment. All of the terms, covenants and conditions of this agreement shall be binding upon and insure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns. You may not assign this agreement without our consent, and any attempted assignment shall be null and void.
29. Headings. Section and other headings contained in this Agreement are for reference purposes only and are in no way intended to define, interpret, describe or limit the scope, extent or intent of this Agreement or any provision hereof.
30. Electronic Signatures. Each party agrees that the electronic signatures, whether digital or encrypted, of the parties included in this Agreement, if any, are intended to authenticate this writing and to have the same force and effect as manual signatures. The term “electronic signature” means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a party with the intent to sign such record, including facsimile or email electronic signatures. Without limiting the generality of the foregoing, delivery of an executed counterpart’s signature page of this Agreement, by facsimile, electronic mail in portable document format (.pdf) or by any other electronic means intended to preserve the original graphic and pictorial appearance of a document, has the same effect as delivery of an executed original of this Agreement.
CERTIFICATION: I or we, the Guest(s) hereby certify and consent that I/we have read the entire agreement and conditions and agree to the terms and will comply with them during the course of this Agreement.
Page 18 of 25
CAMP 400, LLC
Date ___________________ By_________________________
David Edgerton, Owner
By__________________________
Guest:
By__________________________
Guest:
Page 19 of 25
ADDENDUM 1
PET POLICY
I understand that there are inherent risks associated with socializing, airing, working, and hunting with dogs in general. I assume any and all responsibility for myself and my dog during our time at CAMP 400, LLC., and while on the property of CAMP 400, LLC. I will not hold CAMP 400, LLC, their members, staff, any affiliates, or property owners responsible for any injuries or misfortunes (to or by me or my dog) while hunting, airing, socializing, working, walking or any other work, should they occur. I further understand that due to the nature and environment of outdoor field hunting and the way that hunting dogs interact with one another, cuts, scratches, bumps, bruises, punctures, other injury, and even death can occur to my dog, even when the dogs are under supervision. I also understand that my dog’s participation in any event or activity involving water can expose my dogs to conditions such as giardia, coccidia, diarrhea, and other conditions not listed. I also understand that my personal participation is not without risks - including, but not limited to, tripping and falling or getting knocked down, jumped on, bitten, scratched, seriously maimed, or even killed. I also understand that by bringing my dog to the CAMP 400, LLC require that my dog is in good health and has received the necessary vaccinations (or equivalent alternatives) as agreed upon by my veterinarian. If my dog becomes injured or ill, the CAMP 400, LLC are not responsible for calling a veterinarian. In the event of an emergency CAMP 400, LLC are not responsible for taking my dog to the nearest animal hospital for immediate care. I understand that the CAMP 400, LLC will not reimburse me for any portion(s) of my stay at CAMP 400, LLC. I hereby release and agree to save and hold harmless, CAMP 400, LLC, their members, staff, any affiliates, or property owners from any and all liability, claims, suits, actions, loss, injury, or damage of any nature or kind, or for any liability, claims, suits, actions, loss, injury, or damage which I or my dog may sustain or which may be caused in any way by my dog. I specifically, without limitation, agree to fully indemnify CAMP 400, LLC, their members, staff, any affiliates, or property owners for any and all such liability, claims, suits, actions, losses, injury, or damage. I understand that I am solely financially responsible for any damage or harm caused by my dog during our time at CAMP 400, LLC. I take it upon myself to ask questions and use my own common sense. I understand that I do not have to do anything or allow anything to be done that I do not feel comfortable with. I certify that I have read and understand the Dog Policy, and that I have read and understand this agreement. I agree to abide by the rules and regulations and accept all of the terms, conditions, and statements of this agreement and confirm the truthfulness of the contents of this release form completed by me.
Page 20 of 25
CERTIFICATION: I or we, the Guest(s) hereby certify and consent that I/we have read the Addendum 1, PET POLICY, and agree to the terms and will comply with them during the course of this Agreement.
CAMP 400, LLC
Date ___________________ By_________________________
David Edgerton, Owner
By__________________________
Guest:
By__________________________
Guest:
Page 21 of 25
ADDENDEUM 2
PHOTO, VIDEO, AND INTERVIEW CONSENT AND RELEASE
I hereby authorize CAMP 400, LLC., CAMP 400, LODGE 400, and their successors in interest, heirs at law, and assigns the absolute right and permission to any and all copyrights and/or publishing rights, as well as to reproduce or otherwise use my name, voice, and likeness in any and all video, photographs, written materials, and audio-visual recordings associated with any excursion or business deal I have with CAMP 400, LLC. I acknowledge and understand these materials about or of me may be used for both commercial and/or non-commercial purposes associated with CAMP 400, LLC business, including but not limited to CAMP 400, LLC marketing and branding, and specifically but not limited to, CAMP 400, LLC right to use, with its own discretion, any photos, videos, audio taken on any excursion or as part of any business deal.
I understand that my image may be edited, copied, exhibited, published and/or distributed in conjunction with CAMP 400, LLC business, including but not limited to CAMP 400, LLC marketing and branding. I also understand this material may be used individually or in conjunction with other media associated with CAMP 400, LLC in any medium CAMP 400, LLC may choose, including without limitation to print publications, digital publications, and/or public broadcast for any lawful purpose associated with CAMP 400, LLC business. There is no time limit on the validity of this release nor are there any geographic limitations on where these materials may be distributed but these materials may only be used in conjunction with CAMP 400, LLC’s business.
I hereby acknowledge and grant CAMP 400, LLC and their employees, agents, licenses, successors, and third-party organizations all ownership rights and irrevocable right and permission to use, copyright, publish, sell, distribute, and/or promote the recorded video, photo, interview, and/or audio.
This consent does not have an expiration date, but, however, I have the right to withdraw my consent at any time by delivery of written notice to CAMP 400, LLC. Should I decide to withdraw my consent, then any previously printed materials or types of media would be excluded unless I am willing to pay for the cost of the replacement, productions, and printing of the publications after removal. Also, at time of withdrawal, I agree to pay back any discounts that may have been given to me at the time of service.
I understand that my participation is voluntary and that I may, at any time, discontinue my involvement before signing this document. If I choose to discontinue participation, I will notify CAMP 400, LLC by providing written notice ahead of any said excursion or business deal.
I understand that CAMP 400, LLC can see no risk presently, and that I take full responsibility for my involvement in this project, excursion and/or business deal, and the risks that it may entail (be they legal, physical, or mental) and release CAMP 400, LLC from any claims, demands, losses, damages, suits, and liabilities of any kind whatsoever in connection with the foregoing. I hereby certify that I am over eighteen years of age and am competent to contract in my own name insofar as the above is concerned. If I am under eighteen years of age,
Page 22 of 25
my parents or legal guardians have read this document and have given their consent by signing this AGREEMENT.
CERTIFICATION: I or we, the Guest(s) hereby certify and consent that I/we have read the Addendum 2, PHOTO, VIDEO, AND INTERVIEW CONSENT AND RELEASE, and agree to the terms and will comply with them during the course of this Agreement.
CAMP 400, LLC
Date ___________________ By_________________________
David Edgerton, Owner
By__________________________
Guest:
By__________________________
Guest:
Page 23 of 25
ADDENDUM 3
ACTIVITY WAIVER AND RELASE
This ACTIVITY WAIVER AND RELEASE FORM (“Waiver and Release”)
I. CONSIDERATION AND OVERALL ACTIVITY RELEASE:
In consideration of the covenants and agreements contained in this Waiver and Release herein and all other good and valuable consideration, which shall include the reception of any and all of the necessary and/or required permission(s) for participation in CAMP 400, LLC., CAMP 400, and/or LODGE 400 events (hereinafter referred to as the "Activity"), occurring between the days of scheduled arrival date and scheduled departure date. (the “Participant”) hereby RELEASE, WAIVE, DISCHARGE, COVENANT NOT TO SUE, AND HOLD HARMLESS the following: CAMP 400, LLC., CAMP 400, LODGE 400, its MEMBERS, and any partner, employee, servant, representative, associate, officer, agent, volunteer, successor, and assigns of CAMP 400, LLC., CAMP 400, LODGE 400, its MEMBERS, and any partner, employee, servant, representative, associate, officer, agent, volunteer, successor, and assigns of CAMP 400, LLC., CAMP 400, LODGE 400 (hereinafter referred to as "Releasees") from any and all liability, claims, demands, action, judgments, costs, expenses, court costs, attorney fees and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me, or to any property belonging to me, WHETHER CAUSED BY THE, including but not limited to, SOLE, CONTRIBUTORY, OR GROSS NEGLIGENCE OF THE RELEASEES, or otherwise, while participating in such activity, or while in, on or upon the premises where the activity is being conducted.
II. ASSUMPTION OF THE RISK OF ACTIVITY AND CONCURRENT RELEASE:
I hereby elect to voluntarily participate in said Activity, and to enter the above-named premises and engage in such Activity knowing that certain risk of harm is, or may be inherent in, the various Activities contemplated herein and that the Activity may be hazardous to me and my property. I VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF LOSS, PROPERTY DAMAGE, OR PERSONAL INJURY, INCLUDING DEATH, that may be sustained by me, or any loss or damage to property owned by me, as a result of being engaged in such an Activity, WHETHER CAUSED BY THE SOLE, CONTRIBUTORY, OR GROSS NEGLIGENCE OF RELEASEES or otherwise. Further, I acknowledge that this Waiver and Release is given with the express intention of effecting the extinguishment of certain obligations owed to me and with the intention of binding me and my spouse, heirs-at-law, personal representatives, executors, administrators, legal representatives, successors, and assigns.
III. FITNESS TO PARTICIPATE
I acknowledge and warrant that I do not have any physical limitations, medical ailments, physical disabilities, and/or mental disabilities that would limit or prevent me from participating in the above-mentioned Activity. If I suffer from any ailments, illnesses, and/or have a medical condition that requires a medical examination and subsequent clearance, then it is my
Page 24 of 25
responsibility to have the said medical examination performed and the necessary clearance issued in order for me to be able to participate in the Activity.
IV. CONTRIBUTORY LIABILITY:
I further hereby AGREE TO INDEMNIFY AND HOLD HARMLESS the Releasees from any loss, liability, damage, demands, liens, liabilities, judgments, or costs, including court costs and attorney fees, that may incur due to my participation in said Activity, WHETHER CAUSED BY OR CONTRIBUTED TO IN WHOLE OR PART by any action or failure to act, negligence, breach of contract, or other misconduct on the part of Releasees, or otherwise alive, and my heirs, personal representatives, executors, and assigns, if I am deceased, and shall be deemed as a RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE the above named Releasees. I hereby further agree that this Waiver of Liability and Hold Harmless Agreement shall be construed in accordance with the laws of the State of Kansas.
V. RELATIVES AND/OR ASSIGNS, ETCETERA:
It is my express intent that this Waiver and Release shall bind the members of my family and spouse, if I am alive, and my heirs-at-law, personal representatives, executors and assigns, and successors in interest if I am deceased, and shall be deemed as a RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE the above named Releasees I hereby further agree that this AGREEMENT under which I chose to convey to Releasees a waiver of liability and to hold harmless Releasees shall be construed in accordance with the laws of the State of Kansas.
VI. SEVERABILITY OF THE AGREEMENT:
I expressly agree that this Waiver and Release is intended to be as broad and inclusive as is permitted by the laws of the State of Kansas, and if any portion of this Waiver and Release is held to be invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
VII. FULL AND FINAL SETTLEMENT:
I hereby acknowledge and agree that I, the Participant, have carefully read this Waiver and Release, that I fully understand the same, and that I freely and voluntarily execute the same. Further, I understand that by signing this Waiver and Release, that I agree to be forever prevented from suing or otherwise claiming against Releasees, CAMP 400, LLC for any property loss or personal injury that I may sustain while participating in or preparing for the above noted Activity. I have been given the opportunity and have been encouraged to seek independent legal advice prior to signing this Waiver and Release. This Waiver and Release contains the entire agreement between the parties to this Waiver and Release and the terms of this Waiver and Release are contractual and not a mere recital.
VIII. GOVERNING LAW:
This Waiver and Release will be governed by and construed in accordance with the laws of the State of Kansas.
Page 25 of 25
IN SIGNING THIS RELEASE, I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing Waiver and Release which serves as a WAIVER OF LIABILITY and HOLD HARMLESS AGREEMENT, understand it and sign it voluntarily as my own free act and deed; I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK AND I AM AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH AND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS' NEGLIGENCE, CONDITIONS RELATED TO TRAVEL TO, DURING, AND FROM THE ACTIVITY, OR FROM CONDITIONS AT THE ACTIVITY AND/OR ITS LOCATION(S), NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN AND UNKNOWN TO ME, OR OF MY PARTICIPATION IN THIS ACTIVITY; no oral representations, statements, or inducements, apart from the foregoing ELECTRONIC WAIVER AND RELEASE, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this WAIVER AND RELEASE which serves as my WAIVER AND RELEASE for full, adequate, and complete consideration fully intending to be bound by same.
CERTIFICATION: I or we, the Guest(s) hereby certify and consent that I/we have read the entire ACTIVITY WAIVER AND RELASE and agree to the terms and will comply with them during the course of this Agreement.
CAMP 400, LLC
Date ___________________ By_________________________
David Edgerton, Owner
By__________________________
Guest:
By__________________________
Guest:
HALF DAY LEASE AGREEMENT
CAMP 400, LLC. HALF DAY RENTAL AGREEMENT
This rental agreement (“Agreement”) is entered into by and between CAMP 400, LLC., CAMP 400, LODGE 400 (if collectively designated, referred to as “CAMP”, and _________________________ (“Guest(s)”). CAMP and Guest(s) may collectively be referred to as the (“Parties”). This Agreement creates joint and several liabilities in the case of multiple Guests. The Parties agree as follows:
SPECIFIC PROPERTY RENTAL AGREEMENT TERMS AND CONDITIONS
1. Lodge 400 is a venue and rental property located at 24059 York Rd. McCune, KS 66753, with a Barn, Lounge, and Lodge with an upper and lower level. Guest(s) of Lodge 400 may have access to the Barn and McCown Lounge (“Lounge”) and the main floor of the Lodge. Access to Barn, Lounge, and main floor of Lodge are detailed below along with cost for rental. Guest(s) have NO access to Lodge living quarters on second floor of Lodge unless detailed below with cost for rental. Lodge living quarters are separated from the main floor of the Lodge by stairs. Lodge 400 Guest(s) do not have access to Camp 400 unless Guest(s) complete section one (2) of this agreement.
Guest(s) agrees to the following rental at Lodge 400_____________________________.
2. Camp 400 Camp 400 is a rental property located at 1394 NW 400 HWY McCune, KS 66753. Camp 400 Guest(s) do not have access to Lodge 400 unless Guest(s) complete section one (1) of this agreement.
Guest(s) agrees to the following rental at Camp 400_____________________________.
3. General provisions for Camp 400 and Lodge 400.
• Check-in begins after _________ (Central Time), and we will use our best efforts to have the Property ready for you at such time. In rare instances, check-in to the Property may be unavoidably delayed due to unexpected maintenance and/or housekeeping issues.
• You are not allowed to enter the Property until all housekeeping and inspections have been completed, and housekeepers are not authorized to grant access to the Property.
• A Camp agent will send, via text or phone call to the number on file, authorization to enter the property when it is ready for check in.
Page 2 of 7
• Check-out time is __________ (Central Time). Late check-outs require special arrangements and may be subject to an additional fee of $75. Refunds are not given for late arrivals or early departures.
• We accept reservations up to one year in advance. We reserve the right to correct or adjust rates to the published rates at the time of the reservation in the event that they have been misquoted due to human and/or computer error.
• A reservation deposit of $250.00 is due at the time of reservation. The deposit saves the date of the reservation and will be returned thirty (30) days after check-out. This is not a damage deposit.
4. Payment Method. Please provide payment directly with one of our property managers over the phone or via the online payment system if making a booking online. The final payment will be automatically charged twenty-four (24) hours prior to your arrival using the same credit card you used to process the booking deposit. CAMP reserves the right to accept cash or check.
Card on File. Guests give CAMP permission to charge the credit card on file for anything over the policy limit or not covered by the damage waiver. There will be no additional charges provided the following provisions are met: No damage is done to the property or its contents, beyond normal wear and tear; Guest did not incur any charges due to contraband, pets, or collection of rents or services rendered during the stay; No excessive cleaning is required; All keys and pool/beach passes are left in the designated location; The unit is left locked; and No linens are lost or damaged. Guest(s) whose name is on the reservation will remain responsible for all other Guest(s), children and/or visitors during entire rental of subject property.
5. Cancellation and Changes. Reservations may be cancelled or shortened by notifying the Rental Manager in writing at least 45 calendar days prior to your arrival date (“Cancellation Period”). In such instances, the full amount of your Reservation Deposit will be refunded, less a $200.00 administrative cancellation/change fee. In the event of cancellations or shortened stays made after the Cancellation Period, you will be responsible for the full amount of the total booking charges.
6. Accommodation Selections. CAMP will reserve for you the specific Camp 400 or Lodge 400 option(s) selected at the time of your reservation upon the receipt of your deposit and signed contract. Subject to availability for maintenance, owner usage, or other issues that may render the accommodations unsuitable for rental, and/or subject to the property remaining as a Camp 400 or Lodge 400 accommodation at the time of the stay, guests will be placed in the specific unit set forth in their reservation agreement, or otherwise provided with a full refund or an opportunity to stay in an equivalently priced accommodation if available. Notwithstanding CAMP efforts, if the specific unit reserved is unavailable for any reason, guests will be limited to a full refund or similar accommodation at their election. In no event will CAMP be responsible for any direct or indirect costs, expenses, fees or other consequential damage(s) resulting from the unavailability of a specific accommodation.
7. No Pets without completion of Pet Addendum. Guests who violate this policy will be charged an additional $500, plus the expense of any necessary cleaning. Violations may also result in immediate eviction and forfeiture of rent. Notwithstanding this provision, CAMP is committed to providing reasonable accommodation to protect the rights of guests with disabilities to bring a “service animal” (as defined by Kansas and federal law) under the terms of The Fair Housing Amendments Act of 1988, Section 504 of the Rehabilitation Act of 1973, and Title II of the Americans with Disabilities Act. If a guest needs a service animal who has been trained to do work or perform tasks for a disability, he or she should request reasonable accommodation, in writing, from CAMP at the time of their reservation. The request should state that the guest has a disability and provide the specific work or task that the service animal has been trained to perform. Guests need not disclose the details of their disability nor provide a detailed medical history. Guests will be responsible for any damage(s) caused by a service animal, including any additional cleaning fees required at the end of the stay to prepare the Property for incoming guests.
8. No Smoking. Smoking is not permitted inside of any Camp 400, LLC, Camp 400, and Lodge 400, or property. Guests who violate this policy will be charged an additional $2000.00, plus the expense of any cleaning deemed necessary by CAMP in its sole discretion. Violations will also result in eviction and forfeiture of any rental payments.
9. Maximum Occupancy. The maximum number of guests per accommodation is based on the individual accommodation’s ability to house our guests comfortably and safely. If the maximum occupancy is exceeded, you may be asked to vacate the property and forfeit any rental payments.
10. Age Requirements. No units will be rented to vacationing students or young adults under 21, unaccompanied by a responsible parent or guardian at a ratio of five (5) young adults to one (1) adult over 25. The person on the reservation must be staying in the unit at all times. Guests who violate this policy will be immediately evicted and forfeit any rental payments.
11. Entry by CAMP. CAMP or its agents may enter the property and units for Camp 400, LLC, Camp 400, and Lodge 400 in case of an emergency, to make any repairs, alterations or improvements, to supply services, to show the property to prospective purchasers, renters or contractors, or upon reasonable suspicion that guest has breached any of its obligations hereunder. We will try to provide at least 3 hours' notice of intent to enter the property except in the case of an emergency, provided, that failure to provide advance notice of intent to enter the property shall not affect our ability to enter for the reasons set forth above.
12. Housekeeping and Maintenance. CAMP, Camp 400, or Lodge 400 rental will be cleaned to our quality standards prior to your arrival and after your departure. You will be responsible for the cleaning of your unit during your stay and for leaving the unit in good condition at check-out. If units are found abnormally dirty at check-out, additional charges will be charged to your credit card on file to assist in performing a deep cleaning of the unit. By signing this Agreement, you accept responsibility for any such damages and authorize Manager to charge the credit card on file to reimburse the Manager in full for any expenses related to such
additional cleaning, up to 150% of the property cleaning amount without any further approval from you. All stays will be subject to a cleaning fee. During your stay, promptly report any maintenance problems to the Manager. No refund or rate adjustment will be made for maintenance failures, including any disruptions or failures related to the supply of electricity, water, pool systems, air conditioning, telephone, television or cable service, appliances, wi-fi, etc., regardless of whether such issues were reported to the Manager.
13. Amenities. CAMP provides the property with a complimentary set of amenities including a roll of paper towels per kitchen sink, a dishwasher tablet, kitchen trash bag, a hand soap per bathroom sink, a roll of toilet paper per bathroom, and a small sample of each of the following per full bathroom: shampoo, conditioner, body lotion. You are responsible for the purchase of any additional items you may require during your stay. Camp 400, LCC, Camp 400 and Lodge 400 may provide fire pits for use by Guest(s). Guest(s) acknowledges that CAMP may forbid operation of fire pits for any reason. CAMP has the sole discretion as to the availability and use of any fire pits. All open fires shall be in a fire pit and authorized by a CAMP agent.
15. Propane Tanks. Should a propane tank for a grill become empty during a guest’s stay during regular business hours (9 AM- 5 PM CST), CAMP will come exchange it. If it is reported empty after hours, this is a non-emergency item and will be replaced within 24 hours. At any time during business hours or after hours, the guest has the option to exchange the tank themselves at their own risk. If the original receipt is provided to the Manager, we will reimburse the guest for the exchanged propane tank. Reimbursement will be made to the credit card on file for the reservation only. CAMP is not liable for loss of food products due to propane running out during cooking.
16. Damage Policy. Guest(s) assume complete financial responsibility for any and all damage to property of CAMP, CAMP 400, LODGE 400 (including, but not limited to, the lodge, any of the lodge components, and rental items) caused by myself, my child(ren), and/or my pet(s) during my stay on the property. Guests are responsible for the property, its contents, and themselves during occupancy. Guests must lock windows and doors securely when not in the rental unit. Rearranging the furniture or removing any items from the unit is prohibited. After Check-Out, the Manager will inspect the unit for damage, rearranged furniture, missing items, and abnormally dirty appearance. If the Manager determines that damage has occurred, items are missing, or the unit is abnormally dirty, the Manager will repair the damage, replace the missing items, and/or perform a deep clean of the unit at your expense. By signing this Agreement, you accept responsibility for any such damages and authorize Manager to charge the credit card on file to reimburse the Manager in full for any expenses related to such damages up to 2% of the total reservation amount without any further approval from you.
17. Weather or other Occurrence. Tornadoes and Severe Weather. Refunds for cancellations or shortened stays due to actual or anticipated tornadoes, windstorms, other inclement weather, or Acts of God will not be issued by Manager under any circumstances. We recommend all guests purchase travel protection insurance. Interference with Stay. We are not liable for any disturbance or interruption that may occur during your stay that is outside of our reasonable control, including noises, disturbances, or facility closures, whether due to construction, neighbors, events, or other circumstances beyond our reasonable control. As such, guest(s) shall not be entitled to a refund relating to any such disturbances or interference nor to be moved to another property.
18. Security of Personal Property. The Manager is not responsible for any acts of theft or vandalism, or other damage(s) to any personal property or for personal items left by guest(s) during accommodation or departure.
19. No Subletting. The rental property may not be sublet. Your reservation is not transferable to any other party. If two or more parties reserve or occupy a single property, and one or more of the parties cancel, the primary guest whose name appears on the reservation is financially responsible for all booking charges associated with the reservation. In addition, each party, jointly and severally, is required to be in compliance with all of these terms and conditions and will be liable for any and all damages which may be caused during a stay.
20. Compliance with Laws, Rules and Regulations. Guest shall abide by and observe all applicable federal, state and local laws during their stay, as well as any rules and regulations governing the use of the property and neighborhood you are occupying. These rules apply to both owners and guests, and failure to comply will result in eviction and forfeit of all booking charges. If you or other occupants fail to strictly abide by the laws of the United States, the state of Kansas, local laws and/or neighborhood rules and regulations, or otherwise fail to strictly abide by the terms of this agreement, cause damage to the property or any surrounding area, or engage in any other act(s) which interfere with others’ rights to quiet enjoyment of their premises, guest shall be subject to immediate eviction from the property without any refund and liability for additional charges for damages incurred. All such decisions shall be in the sole discretion of CAMP.
21. INDEMNITY, LIMITATION OF LIABILITY, AND RELEASE. YOU AND ALL OCCUPANTS SHALL, JOINTLY AND SEVERALLY, DEFEND, INDEMNIFY AND HOLD CAMP 400, LLC (INCLUDING ITS MEMBERS, OFFICERS, EMPLOYEES, SUBCONTRACTORS, AGENTS AND REPRESENTATIVES) AND THE OWNER (THE “MANAGER PARTIES”), HARMLESS FROM ANY AND ALL CLAIMS, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS’ FEES AND COSTS OF SUIT) INCURRED THE MANAGER PARTIES RELATED TO, AS A RESULT OF OR ARISING FROM THE ACTIONS OF THE GUEST AND ANY OCCUPANTS, INCLUDING ANY NEGLIGENT ACTS OR OMISSIONS, WILLFUL MISCONDUCT, VIOLATIONS OF LAWS OR ANY OBLIGATIONS IN THIS AGREEMENT, EXCEPT TO THE EXTENT SUCH CLAIMS, DEMANDS AND ACTIONS ARISE FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE MANAGER PARTIES. LIMITATION OF LIABILITY. YOU UNDERSTAND AND AGREE THAT NO MANAGER PARTY ASSUMES ANY LIABILITY FOR LOSS, DAMAGE, CLAIM OR INJURY TO PERSONS OR THEIR PERSONAL PROPERTY WHILE ON THE PREMISES, NOR FOR ANY INCONVENIENCE, DAMAGE, CLAIM, LOSS OR INJURY ARISING FROM OR RELATED TO ANY TEMPORARY DEFECTS OR STOPPAGE IN SUPPLY OF WATER, GAS, CABLE SERVICE, ELECTRICITY, INTERNET SERVICE OR PLUMBING; CHANGES TO RENTAL ASSIGNMENTS; WEBSITE OR BROCHURE ERRORS; WEATHER CONDITIONS; NATURAL DISASTERS; ACTS OF GOD; OR OTHER REASONS BEYOND THEIR CONTROL. RELEASE OF THE MANAGER PARTIES. IN ADDITION TO THE OTHER SPECIFIC RELEASES SET FORTH IN THIS AGREEMENT AND ITS ADDENDUM, YOU, FOR YOURSELF, YOUR HEIRS, ASSIGNORS, EXECUTORS, AND ADMINISTRATORS, AND ON BEHALF OF EACH OCCUPANT OF THE PROPERTY, AND SUCH OCCUPANTS’ HEIRS, ASSIGNORS, EXECUTORS AND ADMINISTRATORS, FULLY RELEASE AND DISCHARGE THE MANAGER PARTIES FROM ANY AND ALL LIABILITIES, CLAIMS, DEMANDS, AND CAUSES OF ACTION WHICH YOU, ANY OCCUPANT OR THEIR FAMILY MEMBERS HAVE OR MAY HAVE IN THE FUTURE BY REASON OF ANY INJURY, LOSS OR DAMAGE BY WHATEVER NATURE WHICH HAS OR HAVE OCCURRED, OR MAY OCCUR TO YOU, OR TO ANY OF THE OCCUPANTS DURING THE STAY AS A RESULT, OR IN CONNECTION WITH THE OCCUPANCY OF THE PROPERTY OR IN USE OF ANY ITEM PROVIDED DURING YOUR STAY, INCLUDING BIKES, GOLF CARTS OR OTHER RECREATIONAL ITEMS, INCLUDING ANY CLAIMS, DAMAGES, COSTS OR CAUSES OF ACTION DUE TO THE NEGLIGENCE, BREACH OF CONTRACT OR WRONGFUL CONDUCT OF ANY MANAGER PARTY, AND AGREE NOT TO SUE AND TO HOLD THE MANAGER PARTIES FREE AND HARMLESS OF ANY CLAIM OR SUIT ARISING THERE FROM. THE UNDERSIGNED UNDERSTANDS, INTENDS AND DESIRES TO RELEASE THE MANAGER PARTIES FROM ANY AND ALL LIABILITY ARISING FROM OR RELATED TO THE OCCUPANCY OF THE PROPERTY TO THE FULLEST EXTENT PERMITTED BY THE LAWS OF THE STATE OF KANSAS. WAIVER OF JURY TRIAL. BY ENTERING INTO THIS AGREEMENT, THE PARTIES KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A JURY TRIAL AS TO ANY CLAIMS A PARTY MAY CLAIM TO HAVE AGAINST THE OTHER WHICH ARISES OUT OF THIS AGREEMENT OR THE COURSE OF DEALINGS BETWEEN THE PARTIES. I ACKNOWLEDGE THAT I HAVE COMPLETELY READ AND FULLY UNDERSTAND THE ACTIVITY WAIVER AND RELASE IN ADDNEDUM THREE (3) AND AGREE TO BE BOUND THEREBY. I HEREBY RELEASE ANY AND ALL CLAIMS AGAINST CAMP 400, LLC., CAMP 400, AND LODGE 400.
23. Photo, Video, and Interview. Guest(s) acknowledge that they have completely read and fully understand the consent and release in Addendum two (2) and agree to be bound thereby. Guest(s) hereby release any and all claims against CAMP 400, LLC., CAMP 400, LODGE 400, and any person or organization utilizing this material for marketing, educational, promotional, and/or any other lawful purpose whatsoever.
24. Applicable Law. This Agreement shall be deemed to have been made and entered into in the State of Kansas, and will in all respects be governed by, construed under, and enforced and interpreted in accordance with the laws of the State of Kansas, excluding its principles of conflicts of laws. Venue, Jurisdiction, and Attorneys’ Fees. The exclusive venue for any civil action related to this agreement or the course of dealings between the parties is the courts sitting in Crawford County, Kansas. The parties hereby submit to the personal jurisdiction of all the courts in the previous sentence and agree not to challenge such jurisdiction. In any action, suit, or proceeding to enforce or interpret the terms of the Agreement or to collect any amount due hereunder, the prevailing party shall be entitled to reimbursement for all costs and expenses reasonably incurred in enforcing, defending or interpreting its rights hereunder, including, but not limited to, all attorneys’ fees and the costs expended in determining entitlement to and amount of such fees.
25. Force Majeure. Notwithstanding any other provision of this Agreement, no party to the Agreement shall be deemed in default or breach of this Agreement or liable for any loss or damages or for any delay or failure in performance (except for the payment of money) due to any cause beyond the reasonable control of, and without fault or negligence by such party.
26. Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes any prior understanding, marketing or agreement among them respecting the subject matter hereof. There are no representations, arrangements, understandings or agreements, oral or written, relating to the subject matter of this Agreement, except those fully expressed herein. No waiver of any provision hereof shall be valid or binding on the parties hereto, unless such waiver is in writing and signed by or on behalf of the parties hereto, and no waiver on one occasion shall be deemed to be a waiver of the same or any other provision hereof in the future.
27. Severability. If any term or provision of this Agreement is held illegal, invalid or unenforceable, such illegality, invalidity or unenforceability shall not affect the legality, validity or enforceability of the remainder of this Agreement.
28. Binding; No Assignment. All of the terms, covenants and conditions of this agreement shall be binding upon and insure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns. You may not assign this agreement without our consent, and any attempted assignment shall be null and void.
29. Headings. Section and other headings contained in this Agreement are for reference purposes only and are in no way intended to define, interpret, describe or limit the scope, extent or intent of this Agreement or any provision hereof.
CERTIFICATION: I or we, the Guest(s) hereby certify and consent that I/we have read the entire agreement and conditions and agree to the terms and will comply with them during the course of this Agreement.
CAMP 400, LLC