Pacific Shores – Rental Rules and Policies

For the latest resort policies, visit the Pacific Shores Motorcoach Resort Terms and Conditions page.

Your Reservation: You are guaranteed a reservation. Your site is NOT guaranteed as each site is individually owned and subject to changes. We attempt to honor the site you chose but reserves the right to change your site when necessary.
Resort Motorcoach Guidelines. The resort is limited to Class ‘A’ and Class ‘C’ Motorcoaches, 25 feet or greater in length, and in well maintained, “Like New” condition. No Class ‘B’ coaches, trailers, fifth wheels, toy haulers, or tents are allowed. The resort reserves the right to refuse entry to the resort if any of the following conditions are present:
- Heavily faded, discolored, or peeling paint.
- Heavily faded, discolored, or peeling decals.
- Major streaks down the sidewalls showing long-term lack of washing.
- Excessive visible rust.
- Wheels missing paint or excessive rust.
- Dark mold, moss, or excessive black visible on the roof.
- Visibly torn, flapping or missing rubber roof material.
- Tattered or torn awnings and/or slide toppers.
- Missing panels or covers on utility areas.
- Broken or missing windows.
- Windows permanently covered with paper, wood, or foil.
- Visibly tattered, torn, or bent window coverings.
- Major body damage (unless it looks newly happened and is awaiting repairs).
- Broken, missing, or separating body moldings.
- Separating or delaminating sidewall from the body of the coach.
- Dripping fluids other than designed (i.e., air conditioner condensation).
- Excessive engine smoke.
- Excessive engine noise (broken muffler).
- Missing storage tank caps.
- Non-industry designed additional steps.

Pacific Shores – Rental Rules and Policies

For the latest resort policies, visit the Pacific Shores Motorcoach Resort Terms and Conditions page.

Your Reservation: You are guaranteed a reservation. Your site is NOT guaranteed as each site is individually owned and subject to changes. We attempt to honor the site you chose but reserves the right to change your site when necessary.
Resort Motorcoach Guidelines. The resort is limited to Class ‘A’ and Class ‘C’ Motorcoaches, 25 feet or greater in length, and in well maintained, “Like New” condition. No Class ‘B’ coaches, trailers, fifth wheels, toy haulers, or tents are allowed. The resort reserves the right to refuse entry to the resort if any of the following conditions are present:
- Heavily faded, discolored, or peeling paint.
- Heavily faded, discolored, or peeling decals.
- Major streaks down the sidewalls showing long-term lack of washing.
- Excessive visible rust.
- Wheels missing paint or excessive rust.
- Dark mold, moss, or excessive black visible on the roof.
- Visibly torn, flapping or missing rubber roof material.
- Tattered or torn awnings and/or slide toppers.
- Missing panels or covers on utility areas.
- Broken or missing windows.
- Windows permanently covered with paper, wood, or foil.
- Visibly tattered, torn, or bent window coverings.
- Major body damage (unless it looks newly happened and is awaiting repairs).
- Broken, missing, or separating body moldings.
- Separating or delaminating sidewall from the body of the coach.
- Dripping fluids other than designed (i.e., air conditioner condensation).
- Excessive engine smoke.
- Excessive engine noise (broken muffler).
- Missing storage tank caps.
- Non-industry designed additional steps.

Payment. In order to book a Space more than 30 days in advance of your arrival, you must make a deposit in an amount equal to fifty (50) percent of your reservation total on your booking date. The remaining amount due for your stay (including the remaining nightly rental rate for your lodging, taxes, fees, and a security deposit (if applicable) will be charged to your credit card on file with us 30 days prior to your arrival date, or, if you book less than 30 days in advance, on your booking date. For bookings greater than 30 nights, deposit policy is subject to change. We do not accept check or cash payments. In the event that the Payment is paid by debit or credit card, you hereby certify that you are an authorized user of such credit or debit card and will not dispute any valid charges including, without limitation, the Payment, with your bank or credit card company. We reserve the right to require that the name on the credit or debit card match the name on the Reservation. Additionally, we may seek pre-authorization of your credit card account to verify that the credit card is valid and has the necessary funds or credit available to cover your Reservation and any incidentals that may apply. By booking your Reservation (and, therefore, agreeing to these Terms), you are waiving the right to pursue any charge backs for credit card fees processed by us.

Rules of Conduct. Resort guests are responsible for the conduct, behavior, and control of their children and visiting guests. Children under 14 years of age must have adult supervision at all times. Persons under 18 years of age are prohibited from loitering around ALL buildings. Common courtesy will prevail between all persons in the Resort. Anyone using profane, abusive, or threatening language or actions directed at Resort personnel or other guests will be evicted from the Resort. Climbing on walls, trees, outdoor furniture, and fences within the resort is prohibited. Any guest whose actions interfere with the operation of the Resort will be evicted from the Resort. All guests and vendors are responsible for adhering to Resort rules and policies.

Cancellations, No-Shows; Changes. Rental payments are refundable (less the Booking Fee and its applicable taxes, which are non-refundable) for cancellations received 31 or more days before the first night of your reservation. No full or partial refunds will be granted for no-shows or if you cancel within 30 days of the first nights of your reservation, arrive after the first night of your reservation, or depart before the last night of your reservation. No refunds or compensation will be given if the Property is unavailable (or if is available but difficult to reach) for any reason outside of our control, including but not limited to adverse weather condition, natural disasters, mechanical failures, acts of government agencies or utility outages. We advise our guests to obtain appropriate travel insurance. In addition, for any unforeseen circumstance Company reserves the right to relocate guest to another similar property, cancel the stay or issue a credit for a future stay. In the event the reservation is moved, changed or a future stay credit is provided, the reservation will not be eligible for cancellation or refund. If you do not book direct, and instead book through a third party, additional fees and refund and deposit policies may apply (but all other terms and conditions remain the same). Please review the policies of any third party sites prior to confirming your booking.

Guest Vehicles. Vehicles must be parked completely on your assigned site. Parking on grass areas, other vacant RV sites, or in the street is prohibited. Sites are designated for a maximum of one (1) RV and one (1) motorized towed vehicle. Extra non-motorized towed units, such as but not limited to trailers, tow dolly’s, boat trailers, utility trailers, are prohibited on lots and must be placed into storage as directed by Resort Staff. The resort does not guarantee space for extra vehicles. Box trucks or work trucks are not allowed to stay in the resort. Signs painted on trucks are acceptable, but visible tools and equipment is prohibited.

Site Uses. Tent camping, sleeping in cars, or outside your RV is prohibited. RV must be parked in the arrow direction shown on the Resort Map, no exceptions. Storage is prohibited under or around vehicles or RV’s. Structures external to the RV and not an integral part of the RV are prohibited. This includes, but is not limited to storage sheds, gazebos/screen rooms, storage totes, workbenches, fences, steps, gas cans, and external propane tanks. Clothes may not be hung outside RV’s and no clotheslines may be erected.

Damaged Property. You are responsible for leaving the *Property (Space) in the condition same was in when you arrive, reasonable wear and tear excepted. You acknowledge and agree that you are responsible for your, your Invitees’, and your and their animals’ acts, omissions, negligence and willful misconduct. If we reasonably believe that you, Your Invitees, or your or their animals have damaged the Property or damaged or removed or stolen any physical item therein (“Damaged Property”), we will provide you with reasonable notice and evidence of such damage or suspected removal or theft and will give you two business days to respond to our claim. After this time period, we will be automatically entitled to charge the Security Deposit (if applicable) and then your debit or credit card for the full amount of any lost revenue that we incur as a result of the Damaged Property and the full amount of the greater of the costs and fees actually incurred by us or that we reasonably expect to incur for fixing or replacing the Damaged Property (which may include replacing damaged items with equivalent items) (“Damaged Property Fee”). Additionally, if you, your Invitees, or your or their animals have damaged the Property or damaged or removed or stolen any physical item therein we may immediately terminate the Reservation and remove you and any and all of your Invitees from the Property. We reserve at all times the right to fix the Damaged Property in the manner of our choosing and to pursue in our sole discretion any and all avenues available to us to collect from you the Damaged Property Fee. For example, we may exercise the foregoing right by fixing the Damaged Property over an extended period of time, charging your debit or credit card the sum total of the Damaged Property Fee up front or in installments, or by making one or more claims under your insurance policy, and you agree to cooperate with and assist us in good faith, and to provide us with such information as we may reasonably request in order to successfully make such claim.

Personal Liability For Charges and Claims; Indemnity. You hereby agree to be held personally liable for all costs and charges relating to the Reservation including, without limitation, the Payment, Damaged Property Fee and any incidental charges (collectively, “Charges”). In addition, to the fullest extent permitted by law, you are responsible for your use of the Property, and you will defend and indemnify us and the Company Parties from and against every claim brought by a third party, and any related liability, direct or indirect damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your, your Invitees’, and/or your or their animals’ use of, or misuse of, the Property; (b) your or your Invitees’ breach or violation of any portion of the Terms, the House Rules, or any applicable law, rule, or regulation; (c) any dispute or issue between you and/or your Invitees and any third party; and/or (d) any injury, death, or damages sustained by any individual or entity, or to the property of the same (including any animals), where such injury, death, or damage is caused by your, your Invitees’, or your or their animals’ acts or omissions (collectively “Claims”). We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

**In addition to any other rights and remedies we may have at law, in equity or pursuant to these Terms, you hereby authorize Company and/or its affiliates to charge the credit or debit card on file for any and all Charges and/or Claims and certify that you are an authorized user of such credit or debit card. You further authorize us to place a hold against your credit or debit card to guarantee any and all Charges and Claims and, in the event that you do not settle your account subsequent to your departure, you hereby authorize us to charge your credit or debit card or apply funds you have on file with us against what you owe.

Trash. Trash is to be placed in waste containers located by the Clubhouse and the North Pool Building. Guests are encouraged to recycle paper products, cans, and plastics in our large blue containers. All large items should be broken down prior to placing in the containers. Glass should only be placed in the dedicated containers marked glass only. Resort waste containers cannot accommodate large items. Do not dispose of hazardous waste items in the Resort. Do not leave oil, batteries, paint, or other hazardous materials at the dumpster, in or near trash receptacles, or anywhere else in the Resort. Please do not leave trash outside of the containers.

Feedback License to Us. If you choose to provide suggestions, comments or any other input regarding our services or the Property (“Feedback”), then you hereby grant us an unrestricted, worldwide, perpetual, irrevocable, non-exclusive, freely transferable and sublicensable (including through multiple tiers), royalty-free, and fully-paid right and license to exploit the Feedback in any manner and for any purpose with no obligation or accounting to you, including to improve the service and Property and create other products and services. You further acknowledge and agree that if you provide a review or rating, such review or rating must be accurate, may not contain any offensive or defamatory language.

Personal Items. You understand and agree that any money, jewelry and other valuables and personal items brought to the Property are at your sole risk, and that Company shall not be responsible for any loss or damage thereto. Such items should not be left unattended anywhere on Property, including in the guest rooms and/or any in-room safes, if any. Prior to the expiration of the applicable Reservation period, you must remove all of your personal items from the Property. If you have not done so, and after using commercially reasonable efforts to provide you with reasonable notice, we will be entitled to remove, store, and/or dispose of any such personal items to the maximum extent permitted by applicable law, and you waive any claims or demands regarding such personal items or our handling of them. You will be responsible for paying any fees reasonably incurred by us regarding such removal, storage, and/or disposal.

Smoking. “Smoking” means the burning or vaporization of a lighted cigarette, cigar, pipe, marijuana, or any other matter or substance that contains tobacco, incense, or other fragrant substance. Unless expressly allowed by your Reservation Agreement, smoking is not permitted at the Property. Guest understands that should any odor of smoke taint the Property, in Company’s sole determination, all fabrics, carpets, and furniture may be professionally cleaned, and any other action to eliminate the smoke or odor may be taken, including, but not limited to, replacement of items, at Guest’s expense. You understand and agree that we may charge your debit or credit card for any such costs or expenses plus a 15% administrative charge.

Pets. Dogs are the only non-service animals allowed for properties where pets are permitted. Cats and other animals besides dogs are not permitted as pets. The maximum number of pets permitted per property is two if the property does not have any specified capacity restrictions. No more than two pets per site are allowed. Pet pens may be placed on cement pads only. Pets must be kept on a maximum 6-foot leash and be under control at all times. Aggressive behavior and excessive barking could result in termination of your pet’s stay. They may be leashed outside as long as they are attended and confined to your site without infringement on neighboring sites. For your pet’s enjoyment we have two fenced areas in the resort each with disposal containers. Pets are not allowed in the gardened areas, pool areas or the main buildings.

Unless your Reservation Agreement expressly states that pets are allowed, pets (other than trained service animals) are not permitted at the Property under any circumstances. If a pet is permitted, a per pet fee may be charged. Be advised that misrepresenting the use of a service animal is a crime in many states, punishable by law. Guest understands that should any animal odor taint the Property (regardless of whether the animal is a pet or service animal), in Company’s sole determination, all fabrics, carpets, and furniture may be professionally cleaned, and any other action to eliminate the odor may be taken, including, but not limited to, replacement of items, at Guest’s expense. You understand and agree that we may charge your debit or credit card for any such costs or expenses plus a 15% administrative charge.

I recognize that there are certain risks of physical injury to occupants and/or their guests which may occur at the Property, including, but not limited to, injuries associated with the swimming pool and/or hot tub, and I agree to assume the full risk of any such injuries, damages or loss, regardless of severity, which I or my Invitees or child/ward may sustain as a result of participating in any activities connected or associated with any such use of the swimming pool and/or hot tub.

I waive and relinquish all claims I, my Invitees or my child/ward may have against Company and Company Parties as a result of personal injury suffered while on the Property. I hereby fully release and discharge Company and the Company Parties from any and all claims from injuries, damage, or loss which I, my Invitees or my child/ward may have, or which may accrue to me, my Invitees or my child/ward, on account of my utilization or the utilization of my, my Invitees, or my child/ward in any the swimming pool and/or hot tub on the Property. I further agree to indemnify and hold harmless and defend Company and the Company Parties from any and all claims resulting from injuries, damages, and losses sustained by me or by my Invitees or my child, and arising out, connected with, or in any way associated with the Property and the swimming pool and/or hot tub.

I have read and fully understand the above waiver and release of all claims. In consideration for the use of the swimming pool and/or hot tub on the Property, I understand and agree as follows:
- To the best of my knowledge, I am physically sound and have medical approval by my doctor to participate in physical exercise activities of the type normally engaged in a voluntary health & fitness facility and for usage of a swimming pool and/or hot tub.
- ii. I understand and agree that am responsible for learning how to use the swimming pool and/or hot tub equipment properly and safely.

I agree to inspect the pool and/or hot tub prior to use and to immediately notify Company of any potential problems or issues prior to any use of the pool or hot tub. I agree to refrain from using the swimming pool and/or hot tub if I determine anything related to the pool or hot tub to be defective or need of maintenance or repair. Further, I agree to carefully inspect all plastic pool lids located on the pool deck and to be careful not to walk aver the pool lids as they are fragile and prone to breaking and causing injury.

I understand that a risk of injury is present when engaging in or utilizing the swimming pool and/or hot tub, and I assume all responsibilities and risk regarding the use of the pool and/or hot tub.

IN CONSIDERATION OF THE ACCEPTANCE OF MY EXERCISE AGREEMENT, l, THE UNDERSIGNED, INTEND TO BE LEGALLY BOUND FOR MYSELF, MY INVITEES, MY CHILDREN, MY HEIRS, EXECUTORS, AND ADMINISTRATORS, AND DO HEREBY RELEASE THE COMPANY PARTIES AND ANY AND ALL SPONSORS OF THIS SWIMMING POOL AND/OR HOT TUB, AND THEIR REPRESENTATIVES, SUCCESSORS, AND ASSIGNS, FROM ANY AND ALL LIABILITY ARISING FROM INJURIES, INCLUDING DEATH, THAT l, OR MY CHILD/WARD OR INVITEES MAY SUFFER, AS A RESULT MY/OUR USAGE OF THE SWIMMING POOL AND/OR HOT TUB.

MY SIGNATURE ON THIS IS EVIDENCE THAT I SHOULD CHECK WITH MY DOCTOR TO SEE IF THE SWIMMING POOL AND/OR HOT TUB, AND INSTRUCTIONS ARE SUITABLE FOR MY HEALTH AND PHYSICAL CONDITION.

I HAVE CAREFULLY READ THIS AGREEMENT, RELEASE & WAIVER LIABILITY AND I KNOW ITS CONTENTS, HAVE VOLUNTARILY SIGNED AS MY OWN FREE ACT.

Background Checks. You acknowledge and agree that for transparency, safety, fraud prevention, and anti-money laundering purposes, and to the extent permitted by applicable law, we may, but have no obligation to, before and/or while you reserve and/or occupy a Property: (a) require that you provide us with a form of government identification or other information sufficient to assist us with undertaking the background checks described in Sections (b)-(c) of this Section; (b) screen you against third party databases or other sources and request reports (e.g., credit checks) regarding you from service providers; and (c) obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks (if available). You hereby consent to our undertaking the foregoing background checks and to our processing of the resulting information, including sharing with other property owners and/or their property managers the results of background checks.

You are at least 25 years old and fully able and competent to enter into this Agreement.

You have not previously been suspended or removed from any of our Properties.

Your reservation and your use of the Property is and will be in compliance with any and all applicable laws, rules, and regulations. If you are an organization (e.g., a company), the individual booking this Reservation on your behalf represents and warrants that he or she has the authority to bind you to these Terms and that you agree to be bound by these Terms.

Use of Amenities. Your Reservation may include access to certain amenities available to occupants of the Property (e.g., fitness room, pool, hot tub, etc.) (collectively, the “Amenities”). Access to such Amenities is not guaranteed and may be limited, revoked, or suspended from time to time. You agree to comply and ensure all of your Invitees’ compliance with all applicable rules with respect to your and your Invitees’ use of such Amenities. You understand and agree that use of such Amenities may be suspended if you or any of your Invitees violate any such rules. You shall be responsible for any damage to such Amenities that you or any of your Invitees cause. ANY USE OF SUCH AMENITIES IS AT YOUR AND YOUR INVITEES’ OWN RISK AND YOU AND YOUR INVITEES RELEASE, DISCHARGE, AND COVENANT NOT TO SUE COMPANY OR ANY COMPANY PARTIES IN CONNECTION WITH ANY USE OF SUCH AMENITIES. YOU AGREE THAT, AT OUR REQUEST AT ANY TIME, YOU AND/OR YOUR INVITEES WILL EXECUTE AND DELIVER A COMMERCIALLY REASONABLE FORM OF WAIVER AND RELEASE TO CONFIRM THE WAIVER AND RELEASE SET FORTH HEREIN AND THAT YOUR AND/OR YOUR INVITEES’ USE OF THE AMENITIES MAY BE CONDITIONED ON YOUR AND/OR YOUR INVITEES’ EXECUTION AND DELIVERY OF SUCH WAIVER AND RELEASE. Without limiting the generality of the foregoing, if the Property includes a pool or hot tub, you hereby agree to the aforementioned Pool/Hot Tub Waiver and Release of Liability referenced hereto and incorporated herein.

Use of On-Site Services. We may, but shall not be obligated to, offer on-site services for an additional fee from time to time, such as cleaning, local tours, parking and special events. If so offered by us and so requested by you, we will mutually agree on the dates and times for such services and we and/or the applicable third party service provider shall have the right to enter the Property to perform such services. To the extent that we offer and you request or use any such services, you hereby agree to comply and ensure all of your Invitees’ compliance with all of the applicable rules with respect to your and your Invitees’ use of such services. You understand and agree that your and your Invitees’ use of such services may be suspended if you or any of your Invitees violate any such rules. You shall be responsible for any damage that you or any of your Invitees cause. ANY USE OF ON-SITE SERVICES IS AT YOUR AND YOUR INVITEES’ OWN RISK AND YOU AND YOUR INVITEES RELEASE, DISCHARGE, AND COVENANT NOT TO SUE COMPANY OR ANY COMPANY PARTIES IN CONNECTION WITH ANY SUCH SERVICES. YOU UNDERSTAND THAT THIS AGREEMENT INCLUDES A RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS. YOU AGREE THAT, AT OUR REQUEST AT ANY TIME, YOU AND/OR YOUR INVITEES WILL EXECUTE AND DELIVER A COMMERCIALLY REASONABLE FORM OF WAIVER AND RELEASE TO CONFIRM THE WAIVER AND RELEASE SET FORTH HEREIN AND THAT YOUR AND/OR YOUR INVITEES’ USE OF THE ON-SITE SERVICES MAY BE CONDITIONED ON YOUR AND/OR YOUR INVITEES’ EXECUTION AND DELIVERY OF SUCH WAIVER AND RELEASE.

Termination; Other Remedies; Consequences of Breach. To the maximum extent permitted by law, if you or your Invitees violate any provision of these Terms or the House Rules, in addition to all our other rights and remedies we may have at law, in equity or pursuant to these Terms, you hereby agree that we have the right to terminate your Reservation immediately and without notice and to remove you and your Invitees from any Property. In such event, you will not be entitled to any refund of any amounts paid by you in connection with your Reservation and will be fully liable for all Claims and Charges relating to your reservation. In addition, we reserve the right to exercise all rights and remedies afforded to us under applicable state innkeeper laws. Furthermore, you are responsible for, and you authorize us to deduct from any deposit you have made with us and, if your deposit is not sufficient to cover the full amount (or you have not made a deposit), to bill your credit card on file for the full amount of: (a) any damage, theft, or loss that occurs at the Property during your stay; (b) a charge of $200 plus tax per violation for any violations of the pet policy, including for bringing a pet (when you are not authorized to do so) or bringing more pets or different types of pets than specifically authorized; (c) a charge of $50 for failure to pick-up and properly dispose of your pet’s excrements; (d) a charge of $250 plus tax per violation of a parking restriction; (e) a charge of up to $75 plus tax per violation for noise complaints from neighbors received by us during your stay; (f) an additional cleaning fee of up to $500 for excessive cleaning required by the acts or omissions of any Occupant during your stay; and (g) the full amount of any fines issued by police, other government officials or agencies, utility providers, and/or homeowner associations for violation of any law, ordinance, or rule during your stay, and any damages (which may exceed the amount of fines) that result from the violation. If any unauthorized download of copyrighted material via the Property’s Internet service occurs during the period of your stay, you agree that we may share your contact information with the Internet service provider or any other party we reasonably believe has enforcement rights.

YOU UNDERSTAND AND AGREE THAT WE SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE ACTIONS OF ANY THIRD PARTY (INCLUDING ANIMALS) OR ANY CONDITION OR CIRCUMSTANCE (E.G., CONSTRUCTION) OUTSIDE THE PROPERTY. FOR THE AVOIDANCE OF DOUBT, YOU UNDERSTAND AND AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY AND ALL CLAIMS RESULTING FROM THE MISCONDUCT OF ANY PROPERTY OWNER, PROPERTY MANAGER, OTHER GUEST OR RESIDENT AND THAT SUCH CLAIMS ARE TO BE BROUGHT AGAINST SUCH PROPERTY OWNER, PROPERTY MANAGER, OTHER GUEST OR RESIDENT DIRECTLY.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ANY COMPANY PARTY BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, REPUTATION, GOODWILL, INCOME, SALES, REVENUE, BUSINESS, ANTICIPATED SAVINGS, OR DATA, OR FOR BUSINESS INTERRUPTION, WASTED MANAGEMENT OR OFFICE TIME, OR ANY OTHER INTANGIBLE LOSS.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ANY COMPANY PARTY BE LIABLE TO YOU OR YOUR INVITEES FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE ON-SITE SERVICES, AMENITIES OR PROPERTY WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY SONDER ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. ANY USE OF THE PROPERTY, ON-SITE SERVICES, AND/OR AMENITIES IS AT YOUR AND YOUR INVITEES’ OWN RISK AND YOU AND YOUR INVITEES RELEASE, DISCHARGE, AND COVENANT NOT TO SUE ANY SONDER ENTITIES IN CONNECTION WITH ANY SUCH USE.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE COMPANY PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE RESERVATION AND YOUR USE OF THE PROPERTY, ONSITE SERVICES AND/OR AMENITIES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO US IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM; OR (B) $1,000.

EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THIS AGREEMENT. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Governing Law; Venue; Jury Trial. These Terms shall be governed by and interpreted in accordance with the laws of the state where the Property is located. Exclusive venue over any disputes relating to the Reservation and/or the Terms shall be in the state and county where the Property is located. EACH PARTY HERETO HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THESE TERMS AND/OR THE RESERVATION.

Class Action Waiver. THE PARTIES WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST THE OTHER PARTY AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY. TO THE EXTENT EITHER PARTY IS PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST THE OTHER, THE PARTIES AGREE THAT: (I) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOT WITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT); AND (II) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION.

Force Majeure. We will not be liable to you or any of your Invitees or be deemed to be in breach of the Reservation or these Terms by reason of any delay in performing, or any failure to perform, any of our obligations, if the delay or failure was due to any cause beyond our reasonable control including but not limited to government or municipal prohibitions or restrictions, severe weather, power, or other utility cut-off, burglary, natural disaster, strikes, governmental action, terrorism, war, civil unrest, or other similar events of “force majeure”.

Additional Matters. Please refrain from publishing any untrue disparaging remarks about the Company, including its employees and agents, or the Property. We reserve the right to seek redress for defamation libel or slander to the fullest extent of the law. We reserve the right to reject your request for occupancy or to cancel reservations (with a full refund) in our sole discretion. This Agreement may only be amended or modified by a writing signed by you and an officer of the Company. You understand that the Company’s non-management level employees, including its receptionists and help-desk personnel, do not have authority to accept, modify, or waive any term or condition set forth herein.

Miscellaneous. The Reservation, together with these Terms and any House Rules (if applicable), is the entire and exclusive understanding and agreement between you and us regarding your use of the Property, and supersedes any previous marketing information, representations or agreements of any kind or nature between the parties relating to the subject matter hereof and whether recorded in writing, or otherwise. You may not assign or transfer the Reservation or your rights under the Reservation, in whole or in part, by operation of law or otherwise, without our prior written consent, which may be withheld in our sole discretion. We may assign or transfer the Reservation, in whole or in part, at any time without notice or consent. The failure to require performance of any provision of these Terms or the House Rules (if applicable) will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. The waiver by us of any provision of these Terms will not be deemed to be a waiver of any subsequent breach of the same or any other provision of these Terms, nor will any custom or practice which may develop between the parties be construed to waive or to lessen our right to insist upon your performance of all the provisions of these Terms, or support a claim of detrimental reliance by you. The specification in these Terms of certain acts or omissions as a basis for removing you from the Property shall not be construed as limiting our rights to remove you for any other reason allowed by applicable law. Our acceptance of a partial payment of any fees or other Charges, or the application of any Security Deposit, will not constitute a waiver of our right to the full amount due, nor will our acceptance of fees or Charges paid late ever constitute a waiver of our right to terminate the Reservation and remove you from the Property. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Nothing in these Terms will affect your statutory rights as a consumer and our statutory rights as an innkeeper. Throughout these Terms the use of the word “including” means “including but not limited to”. If any part of these Terms or the House Rules (if applicable) is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.