OVERNIGHT ACCOMMODATIONS TERMS AND CONDITIONS
These terms and conditions (the “Terms and Conditions”) shall govern the provision of overnight accommodations to Customer by Signor and are hereby incorporated in their entirety into any overnight accommodations agreement (“Agreement”) or extensions thereof entered into by Signor and Customer.
1. ROOMS AND AMENITIES. Each single room shall have one double bed and each double room shall have two twin beds with private bathroom. Customer shall provide Signor with anaccurate and up-to-date list of the names of its authorized occupants (“Occupants”). The occupancy for each room shall not exceed the number of beds. Standard amenities includedin the overnight rate are flat screen televisions in each room,walk-in-closets, and access to kitchen, lounge and laundry facilities. Each room/bed must be occupied by the registered guest and shall not be subleased, rented or loaned out to any other party. Customer acknowledges that it has personally inspected the property (or waives inspection thereof) and accepts the premises in an “as-is” condition.
2. FOOD SERVICE. No food service is provided unless separately agreed to by Signor and Customer.
3. HOUSEKEEPING SERVICE. Standard housekeeping serviceis included in the overnight rate. More frequent housekeeping service can be arranged for an additional fee.
4. UTILITIES. All water, sewer and electric utilities are included in the overnight rate. Cable/satellite TV and internet service are provided as a courtesy but are not guaranteed without interruption.
5. PARKING. Parking for cars, vans and pick-up trucks are included in the overnight rate and will be in designated areasonly and shall be used for the parking of licensed and registered, operable motor vehicles of Customer and Occupants. Availability of parking for heavy vehicles varies by location and shall be charged at the additional rates specified in the Agreement.
6. PAYMENT TERMS. Daily Rates per the Agreement are charged regardless of whether a room is occupied or not and cancellations shall be permitted at Signor’s sole discretion. Ifcharges become more than five (5) days late, Signor has theoption, in its sole discretion, to suspend the right for Customerto occupy the premises until the charges are paid, without prejudicing its right to collect the unpaid amount. Customer agrees that any sums owing after 30 days will be charged to customer’s credit card on file without further notice and unpaid amount will bear interest at a rate of 18% per annum.
7. USE OF PREMISES. Customer and its Occupants shall adhere to the camp rules attached hereto (“Camp Rules”) at all times and shall not use the premises in such a way as to violate any law or ordinance, commit waste or nuisance, or annoy, disturb, inconvenience or interfere with the quiet enjoyment of any other resident. Signor may terminate the Agreement and remove any or all Occupants at any time without refund or recourse if it determines, in its sole andabsolute discretion, that Customer or its Occupants have violated the Agreement or the Camp Rules or have engaged in any illegal conduct, whether on the premises or elsewhere. Each Occupant maintains a permanent residence elsewhereand acknowledges that the premises is transient lodging not subject to any landlord tenant laws.
8. DAMAGES. Customer shall be fully responsible for all damages and repair costs (plus an administrative fee) to the premises or personal property located thereon (whetherowned by Signor, Customer or a third party) caused directly or indirectly by Occupants or their guests.
9. ENTRY AND INSPECTION. Signor may enter upon the premises without liability at any time, at its sole discretion, for the purpose of inspection, cleaning, maintenance, repairs and to ensure compliance with the camp rules. Customer is responsible for securing its valuables. Signor will not be responsible for the loss or theft of any items.
10. INSURANCE DISCLAIMERS. Customer’s and Occupants’ personal property is not insured by Signor and Signor’s insurance, if any, is for the sole benefit of Signor. Signor shall not be responsible for any damage, loss or theft of Customer’s or Occupants’ property and Customer shall provide insurance to cover all of its personal property and those of its Occupants located on the premises if its desires any. Customer and Occupants assume full responsibility for all personal property placed, stored or located on or about the premises.
11. TAXES. Customer shall pay for all taxes or assessments which may be levied or assessed due to the Agreement, including without limitation any sales or occupancy taxes that may be due in addition to the overnight rate.
12. SUBORDINATION. The Agreement is subject and subordinate to all ground leases and mortgages now in effect or hereafter created affecting such leases or the premises and to all renewals, modifications and replacement thereof. This paragraph shall be self-operative and no further instrument of subordination shall be required by any ground or underlying lessee or by any mortgagee, affecting any lease or the premises. In confirmation of such subordination, Customer shall execute promptly any certificate that Signor may request in connection herewith.
13. INDEMNITY. AT CUSTOMER’S SOLE EXPENSE, CUSTOMER SHALL RELEASE, INDEMNIFY, DEFEND, AND HOLD HARMLESS SIGNOR, ITS MEMBERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS AND THIRD PARTY INVITEES (COLLECTIVELY, THE “SIGNOR INDEMNIFIED PARTIES”) FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, DAMAGES, COSTS, EXPENSES, DEMANDS AND CLAIMS DIRECTLY OR INDIRECTLY ARISING OUT OF (A) THE AGREEMENT OR THE USE OF THE PREMISES BY CUSTOMER OR ITS EMPLOYEES, CONTRACTORS, AGENTS, OCCUPANTS AND PERSONS ENTERING THE PREMISES WITH THE EXPRESS OR IMPLIED INVITATION OF CUSTOMER, (B) THE CONDUCT OF CUSTOMER’S BUSINESS OR FROM ANY ACTIVITY, WORK OR THINGS DONE, PERMITTED OR SUFFERED BY CUSTOMER IN OR ABOUT THE PREMISES, INCLUDING, WITHOUT LIMITATION, CLAIMS ARISING OUT OF INGRESS, EGRESS, LOADING AND UNLOADING, (C) CLAIMS FOR INJURIES TO PERSONS (INCLUDING, WITHOUT LIMITATION, WRONGFUL DEATH), REAL AND PERSONAL PROPERTY (WHETHER BELONGING TO CUSTOMER, SIGNOR OR ANY OTHER PERSON) OR NATURAL RESOURCES (INCLUDING, WITHOUT LIMITATION, CLAIMS BROUGHT PURSUANT TO ANY ENVIRONMENTAL LAW), (D) CLAIMS ARISING FROM ANY BREACH OR EVENT OF DEFAULT OF THE AGREEMENT OR ARISING FROM ANY ACT OR OMISSION OF CUSTOMER OR ITS EMPLOYEES, CONTRACTORS, AGENTS, OCCUPANTS AND PERSONS ENTERING THE PREMISES WITH THE EXPRESS OR IMPLIED INVITATION OF CUSTOMER, AND (E) CLAIMS FOR INJUNCTIVE RELIEF, LITIGATION, ADMINISTRATIVE ACTIONS, DEFENSES, SUITS, PROCEEDINGS, OBLIGATIONS, ACTIONS, JUDGMENTS,CAUSES OF ACTION, ASSESSMENTS, PENALTIES, PAYMENTS, COSTS, REIMBURSEMENTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, THE REASONABLE FEES AND EXPENSES OF LEGAL COUNSEL, CONSULTANTS, INVESTIGATORS, AND ACCOUNTANTS), EXCEPT TO THE EXTENT CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF SIGNOR OR ITS EMPLOYEES OR AGENTS. THIS INDEMNITY SHALL SURVIVE THE TERMINATION OFTHE AGREEMENT.
14. INSURANCE. Customer, at its expense, shall maintain the following insurance coverages: A. Commercial General Liability insurance, including premises and operations, contractual liability, and broad form property damage, with a minimum combined single limit for bodily injury and property damage in an amount standard to Customer’s industry but not to be less than $5,000,000 per occurrence. B. Commercial Auto liability insurance covering owned, non-owned, and hired automotive equipment with minimum limits of $5,000,000 combined single limit for bodily injury and property damage. C. Workers’ Compensation insurance in accordance with the laws of the State, Province or Territory in which the work is performed and Employer’s Liability insurance with the minimum limits of $5,000,000. The above limits may be satisfied by any combination of primary and excess policies. All insurance required hereunder shall name Signor as an additional insured. Customer shall require its carriers to waive any rights of subrogation against Signor. All polices required hereunder shall insure on an occurrence and not a claims-made basis, be issued by insurance companies which are reasonably acceptable to Signor, not be cancelable unless 30 days prior written notice shall have been given to Signor, contain a hostile fire endorsement and provide primary coverage to Signor (any policy issued to Signor providing duplicate or similar coverage shall be deemed excess over Customer’s policies). If requested by Signor, certificates, in form satisfactory to Signor, evidencing such coverage, shall be delivered to Signor by Customer upon commencement of the Agreement and in areasonable period of time after each renewal of said insurance. If Customer fails to obtain, or fails to maintain insurance as required herein, same shall be an event of default hereunder. Customer shall require its contractors and subcontractors to maintain insurance coverages and limits, including additional insured and waiver of subrogation requirements, to meet the obligations above.
15. DEFAULT. If Customer fails to perform or observe any provision of the Agreement and fails, within five (5) days after notice by Signor to remedy such failure, Customer will be indefault. Upon default, Signor shall have the ability to pursue all remedies allowed by law. In the event of default, Signor is expressly granted a lien on Customer’s personal property located on the premises and such property may be seized and sold to satisfy Customer’s obligations hereunder.
16. ASSIGNMENT. Customer may not assign the Agreement without the express written consent of Signor, which may be granted or withheld in its sole discretion. Signor may assign.
17. TIME OF ESSENCE AND WAIVER. Time is of the essence in the Agreement and all of its provisions. A waiver by Signor of any breach or default under the Agreement is not a waiver of any other breach or default.
18. ENTIRE AGREEMENT. The Agreement shall constitute the entire agreement between the parties. Any prior understanding or representation of any kind preceding the date of the Agreement shall not be binding upon either party except to the extent incorporated in the Agreement.
19. MODIFICATION OF AGREEMENT. Any modification or amendment of the Agreement shall be binding only if evidenced in writing signed by Signor and Customer.
20. NO CONSEQUENTIAL DAMAGES, ETC. In no event, whether as a result of termination or otherwise, shall Signor be liable for any special, indirect or consequential damages, or damages for loss of opportunity, loss of profit, increased operating costs or costs associated with any business interruption, or any other similar damages of any nature or kind. The prevailing party in any legal proceeding brought under or with respect to the Agreement shall be entitled to recover from the non-prevailing party all costs of such proceeding and reasonable attorney’s fees.
21. APPLICABLE LAW. The Agreement shall be construed in accordance with the law of Texas, without regard to its conflict of law principles.
CAMP RULES AND REGULATIONS
1. No firearms or other weapons allowed on the premises;
2. No illegal drugs allowed on the premises;
3. No public intoxication;
4. No overnight guests;
5. All facilities (including improvements and amenities) are provided for use at Customer’s and Occupant’s own risk and liability. Signor does not guaranty or warrant any degree of safety or security;
6. No open fires, hot plates, electic heaters or cooking apparatus (other than those provided by Signor) allowed within any housing unit;
7. No smoking in any housing unit or building and no disabling smoke detectors. Smoking may only take place in designated areas of the camp. All cigarrette or cigar butts to be placed in the receptacles and shall not be thrown on the ground or flushed down toilets or placed in trash cans;
8. No trash other than that produced by Occupants shall be disposed of in the trash receptacles;
9. No pets allowed on the premises or in the housing units at any time;
10. After 10pm all televisions or other sound-producing devices must be turned down so as not to disturb other residents. The use of earphones or wireless headphones is encouraged;
11. No car repair or other maintenance work shall be performed on the premises;
12. Speed limit is 5mph within the premises;
13. Maintain the premises in clean and sanitary condition and leave the premises in the same condition as when Occupants first moved in (except for ordinary wear and tear). All damage to the premises shall be charged to Customer or Occupants plus administrative cost;
14. The surrounding grounds are part of the premises and for exclusive use of Occupants. Occupants to use trash receptacles provided and not throw or accumulate trash or rubbish on the surrounding grounds in order to keep a neat and orderly appearance to the property;
15. Notify Signor in writing immediately upon discovery of any damages, defects or dangerous conditions in and about the premises or any accidents, personal injuries or lost or damaged property;
16. Occupants may not repair or wash vehicles of any kind in any parking space or anywhere else on or about the property. Grease, oil and any other drippings must be cleaned by Occupants when they occur and at Customer’s expense; and
17. Signor reserves the right to alter or amend these rules and regulations from time to time without prior notice.