Rental Agreement with Release of Liability, Assumption of Risk and Indemnity Agreement
This Rental Agreement with Assumption of Risk, Release of Liability and Indemnity Agreement (“Agreement”) is made by and between Son's Getaways LLC, a Texas limited liability company, dba Son's Geronimo (hereinafter collectively “Company”) which operates Son's Geronimo, located at 2111 Laubach Rd., Seguin, Guadalupe County, Texas 78155, and the following individual (hereinafter “Contact”): agrees to
Contact represents and warrants that Contact is an adult and agrees to the following conditions on behalf of Contact and all members of Contact’s party (Contact and all of those in Contacts party are referenced herein collectively and individually as “guest(s)”):
TERMS, CONDITIONS AND AGREEMENT
1. Reservation Details. Contact has received this Agreement because Contact is requesting to reserve a Birdhouse Glamping Cabin, Glamping Cabin, All inclusive Tent Camping, Bring your own tent camping, Daytime cabana rental, Evening cabana rental and/or Covered picnic table rental at Son's Geronimo (hereinafter referred to at times as “Rental Unit(s)”). Contact’s reservation for Rental Units(s) is to be determined by Company and is only valid for the date(s) referenced and reflected on Contact’s invoice. Contact has reviewed the invoice and agrees it is correct. Contact’s reservation is not considered final until Contact returns this Agreement to Company signed by Contact and is paid in full. If Contact notices any disparity between the invoice and Contact’s understanding of the date(s) reserved, Contact should notify Company immediately, prior to signing this Agreement. Company reserves the right to cancel any reservation for any reason prior to the date of the reservation upon 24 hours notice, in which event Company will issue a full refund to Contact provided the cancellation is not a result of any act or omission of Contact. Minors CANNOT be left unaccompanied on the property at anytime during the reservation.
2. Hours/Term. Contact’s reservation is valid depending on the type of reservation made:
Birdhouse Glamping Cabin: Check-in: 3:30 pm Check-out: 11:00 am
All Inclusive Tent Camping : 7:30 pm - 10:00 am
3. Maximum Occupancy. Each Birdhouse Glamping Cabin rental includes entry for up to 6 guests. Up to 8 guest may occupy a Birdhouse Glamping Cabin for an additional $25 fee per person after 6 but, no extra beds or bedding will be provided. Each daytime cabana rental and evening cabana reservation includes entry for up to 8 people. Contact may add up to 7 additional guests to a daytime or evening cabana rental for an additional fee of up to $25 per person, payable in advance or at check-in. Each covered picnic table includes entry for up to 6 people. Each glamping cabin rental includes entry for up to 4 guests.
4. Severe Weather & Cancellations. A payment equal to 50% of the price required to rent the Birdhouse Glamping Cabin(s), Glamping Cabin(s) and/or cabana(s) is due from Contact at the time of booking to hold the cabana(s) for the date(s) requested. 90% of the payment will be refunded to Contact if the reservation is cancelled by Contact 15 or more days before the date of the reservation. 50% of the payment will be refunded to Contact if the reservation is cancelled by Contact 7 to 14 days before the date of the reservation. No refund or credit will be issued if the reservation is cancelled by Contact less than 7 days before the date of reservation. If dates need to be rescheduled, a $75 fee will be applied. Rescheduling is not permitted if the reservation is in less than 7 days. *Rain-checks are made available at our discretion though typically made only if it is raining hard enough during your reservation stay, for the majority of the time to prohibit the use of activities. Rain-check amounts will be for the exact dollar amount of the original reservation. Any credit will not be refunded and any difference must be paid. No rebooking fees are charged.
Son’s Geronimo is a rain or shine property and will remain open on most rainy days; however, in the event of severe inclement weather, such as lightning, heavy rain, or high winds, Son’s Geronimo may need to close for the safety of our guests. In the event water activities are suspended they will reopen as soon as it is safe. Since the property remains open most rainy days, we do not offer rain checks or refunds.
5. DAMAGE DEPOSIT AUTHORIZATION: A Damage Deposit Authorization is required before arrival. The Reservation payment is not the Damage Deposit. Contact authorizes Company to place a $200 Damage Deposit Authorization on card on file 2 days before arrival. The Damage Deposit Authorization is not charged, but kept on file during the duration of your stay and only charged if damage occurs during the Renter’s stay or Term. There will be no charge if: There is no damage done to the units and its contents beyond normal wear and tear, all debris, rubbish inside and outside of the unit is discarded and placed in the large dumpster (Please see map for location) and dishes are cleaned.
Charges will be processed for but not limited to:
A. Non registered Pet/Service Animal: Charge is $95 per pet & the pet must be removed from property immediately
B. Broken/Missing Dishes: Charge up to $100
C. Dirty Dishes: Charge is $75
D. Rental Unit left with trash: Charge is $75
E. Pillow Replacement: Charge is $45
F. Linen Replacement: Charge up to $150
G. Towel Replacement: Charge is $25 each
H. There is NO SMOKING in the Unit. If we find any evidence of smoking inside the unit, the Responsible Party will be fined: Charge is $200 minimum.
I. Griddle/Hot Plate Replacement: Charge is $80
J. HDMI Replacement: $20
K. 40-inch TV Replacement: Charge is $250
L. DVD Player Replacement: Charge is $60
M. Broken Furniture: Charge is $300 per piece
N. Appliance Replacement: Charge is up to $900
O. Pots & Pans Replacement: Charge up to $100
P. Lock Replacement: Charge is $15
Q. Replacement costs of water equipment: $40 per tube, $40 per paddle, $40 per cooler, $20 per PFD, $1,000 per kayak. All tube, coolers, PDFs and other accessories must be returned by 6:15
R. Rental Unit is left with prohibited items, such as but not limited to: confetti, cascarones, glitter, pinatas, and water balloons: Charge is $50
S. Use of prohibited items such as fireworks, firecrackers, pyrotechnics, and similar items: Charge is $75
T. Replacement of Outdoor Furniture, Grills, Fire Pits, Hammocks, and similar items: Charge is up to $900.
U. The Renter is not evicted by the Management (or representative of the Owner), including but not limited to local law enforcement. remove?
All charges accrued during the stay are paid following departure.
*If guest is charged with any additional fees for terms outlined in the Rental Agreement, notification will be sent out via email with an updated payment invoice.
No early check-ins or late check-outs (unless approved by management).
*If approved the fee is $95 and the check-in/check-out time would be 1pm.
5. Vehicles. There is a limit of 2 vehicles per cabana, which includes but is not limited to, automobiles, trucks, trailers, motorcycles, and boats. Guests may park only in designated parking spaces and may not park any vehicles on grass or in a manner that blocks other guests. Company reserves the right to ask guests to move any vehicle at any time and may have any unauthorized or obstructive vehicles towed without prior notice to the owner.
6. Equipment Rental. Company maintains a reasonable number of tubes, kayaks, and paddleboards (collectively “equipment”) which guests may use and or rent from Company. Guests are responsible for and will promptly reimburse Company for any damage sustained by the equipment, the cabana(s) and/or any of Company’s property during the guest’s period of use, normal wear and tear excepted. Contact authorizes Company to authorize the credit card on file for the full amount of any damage without prior notice to Contact or pursue any other remedies available to Company under the law.
If items have to be shipped back to guest there is a minimum of a $50 fee.
7. Safe Operations. Guests must engage in behavior and use all equipment in a manner that does not jeopardize the safety of the user, other guests, Company’s property or the environment and must surrender any of Company’s equipment or remove any of the guest’s property immediately upon demand if Company’s employees observe or receive reports of the guest using any property in an unsafe or harmful manner.
8. Waiver, Release and Indemnity. As part of the consideration for allowing guests to rent space and engage in recreational activities at Son's Geronimo, Company will require each guest to execute an Assumption of Risk, Release of Liability and Indemnity Agreement consistent with the terms of this Agreement at check-in.
BY SIGNING THE ASSUMPTION OF RISK, RELEASE OF LIABILITY AND INDEMNITY AGREEMENT, THE GUESTS ARE GIVING UP IMPORTANT LEGAL RIGHTS. For this reason, Contact is encouraged to circulate this Agreement among anticipated guests and to parents of any minor guests to ensure they have an opportunity to read these provisions thoroughly in advance of the date of the reservation.
9. Miscellaneous Rules. Guests must abide by the following additional rules and all Company rules at all times:
(a) Fireworks, firecrackers, pyrotechnics, and similar items are prohibited.
(b) Open flames are permitted only in designated fire pits and barbecue grills supplied by Company, both of which must remain attended at all times. Grilling of marshmallows and other food is permitted only in barbecue grills supplied by Company. No personal grills may be utilized at Son's Geronimo. No unconventional items should be burned in fire pits or barbecue grills. If a guest is uncertain regarding what is permitted or what may be burned in fire pits or barbecue grills, the guest should inquire of Company’s employees in advance.
(c) Trash must be placed in appropriate trash receptacles.
(d) Noise must be controlled. No loud music or excessive noise is permitted. Guests may be asked to leave the property for excessive noise, without a refund of any amount.
(e) No glass or Styrofoam containers are permitted.
(f) Guests must wear the wristbands provided by Company at all times.
(g) No firearms are permitted.
(h) Fighting, theft, destruction of property, lewd or offensive behavior, excessive drinking, excessive profanity and discourteous behavior will not be tolerated. Guests may be removed from the property and the proper authorities called for disruptive behavior that creates a nuisance to others. Guest is responsible for cost associated with loss or destruction of any of Son's Geronimo property. Cost will be charged to card on file.
(i) No pets of any kind are permitted at Son's Geronimo.
(j) Guests should leave all valuable items at home. Company is not responsible for the loss, theft or destruction of any personal property brought to Son's Geronimo.
(k) Diving is strongly discouraged due to the varying depth of the water, the inability to assess the depth of murky water, and the presence of other guests in the water.
(l) Snakes and other wildlife may be present at Son's Geronimo and in the waters around Son's Geronimo. To minimize exposure, guests should stay on designated pathways, roads and docks and stay away from high grass, thick reeds or roots by the water’s edge. Guests should keep their distance from all wildlife and alert Company if they have any concerns about any wildlife encountered at Son's Geronimo.
(m) Son's Geronimo is subject to flooding and is in the flood plain. Lightning strikes can also result in serious injury or death. For safety reasons, guests must immediately evacuate Son's Geronimo or take any other steps required by Company if there are severe weather or flood watches or warnings in the area. Guests must also independently monitor weather and severe weather watches and warnings, monitor for rising water levels and ensure guests evacuate the area or take any other precautionary steps necessary to ensure guest safety in the event of a flood or severe weather.
10. Access and Authority. Company reserves the right to access Rental Units at any time. Company may terminate service, contact the police or ask any guest to leave Son's Geronimo or curtail their behavior at any time without issuing a warning or a refund if Company has concerns regarding safety or violations of any rules of Company or laws. Company may seek medical attention for any guest at any time for any reason. Company requests that guests notify Company if they observe any unsafe behavior or behavior that violates any of Company’s rules or laws. Company requests that guests contact the police if guests have concerns about any unsafe behavior in the waters around Son's Geronimo as the property is bordered by a public body of water.
11. Severability; Exceptions. This Agreement and each provision in this Agreement is severable. In the event any provision of this Agreement is determined to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable. Any exceptions to the terms of this Agreement must be approved by Company in writing in advance.
12. Jurisdiction; Venue. The state District Court of Guadalupe County, Texas will have jurisdiction and exclusive venue over all disputes between Company and the undersigned guest. This Agreement will be construed in accordance with the laws of the State of Texas, regardless of choice-of-law principles.
13. ACTIVITIES, HAZARDS AND RISKS. PLEASE READ SECTIONS 13 AND 14 AND ALL SUBPARTS CAREFULLY. BY SIGNING THIS AGREEMENT, YOU ARE GIVING UP IMPORTANT LEGAL RIGHTS.
(a) Son's Geronimo is a natural attraction subject to risks that are not present at man-made pools and attractions. Son's Geronimo is also bordered by a public body of water, the Geronimo Creek, which presents additional risks. THE GERONIMO CREEK IS A NATURAL BODY OF WATER WITH UNTREATED WATER WHICH MAY MAKE IT DIFFICULT TO JUDGE DEPTH OR SEE SUBMERGED OBJECTS. AS WITH ANY NATURAL WATER BODY, YOU SHOULD USE CAUTION & USE COMMON SENSE WHILE ENTERING & ENJOYING THE WATER. DIVING AND JUMPING ARE DISCOURAGED DUE TO THE VARYING DEPTH OF THE WATER AND LACK OF WATER CLARITY.
(b) RENTING RENTAL UNIT AND/OR BEING A GUEST AT SON'S GERONIMO IS AN INHERENTLY DANGEROUS ACTIVITY AND CAN RESULT IN LOSS OR DAMAGE TO PROPERTY, SERIOUS BODILY INJURY, PERMANENT DISABILITY OR DEATH. Contact and guests assume all such risks. Each guest should be aware of his/her surroundings at all times. EACH GUEST IS RESPONSIBLE FOR THEIR OWN SAFETY AND THOSE MINORS IN THEIR GROUP while at Son's Geronimo, in the water in and adjoining Son's Geronimo and while engaging in Recreational Activities in and out of the water. THERE ARE NO LIFEGUARDS ON DUTY AT SON'S GERONIMO and there are no slip-resistant surfaces or fences, guardrails or similar restraints. A RESPONSIBLE ADULT SHOULD MONITOR WEAK SWIMMERS AND CHILDREN AT ALL TIMES. IT IS HIGHLY RECOMMENDED THAT EACH GUEST WEAR A FASTENED, PERSONAL FLOTATION DEVICE (LIVEVEST) AT ALL TIMES. Guests should also wear footwear which will provide protection from sharp objects and minimize the risk of foot entrapment. Guests should swim close to SON'S GERONIMO to minimize the risk of drowning or being struck by watercraft operated by other guests or members of the public. Guests should avoid trees and vegetation to minimize the risk of getting struck by falling tree limbs, entangled in vegetation, or bit by snakes or wildlife. Guests should monitor water and weather conditions at all times to avoid the risk of being struck by lightning or caught in a flood.
(c) The services and activities offered by Company at Son's Geronimo include the use of cabanas, campground and glamping facilities, parking spaces, fire pits, grills, rope swings, rental equipment such as kayaks, tubes, rafts and other similar watercraft as well as swimming, fishing, and volleyball (all such activities are collectively referenced as the “Recreational Activities”). THE RECREATIONAL ACTIVITIES ARE INHERENTLY DANGEROUS ACTIVITIES THAT MAY RESULT IN LOSS OR DAMAGE TO PROPERTY, SERIOUS BODILY INJURY, PERMANENT DISABILITY OR DEATH.
(d) In addition to any other risk set forth in this Agreement, the risks associated with visiting Son's Geronimo and engaging in the Recreational Activities include, but are not limited to, the following: sudden changes in weather conditions; flooding; lightning; insects, snakes and wildlife; fire; entering, exiting, overturned and operating watercrafts; dangerous water conditions; murky water and inability to assess depth of water; entrapment or entanglement by or in natural or artificial conditions such as root-wads, log-jams, bridges, abutments, and waterfalls; water which is deep in some places, shallow in other places, cold, fast, subject to rapid change and flooding; objects and hazards in the water; hazards resulting from the presence and operation of vehicles on Son's Geronimo; less than sanitary conditions; hazards resulting from the consumption of alcohol near water or while engaging in the Recreational Activities; uneven terrain in and next to the water; murky water and inability to see the bottom; trees in and around the water; falling tree limbs; hypothermia; injury from slips and falls; excessive exertion from strenuous activity; loss, theft or damage to personal property; and serious bodily injury, permanent disability or death. There is the risk of injury by other people engaging in Recreational Activities or other reckless or criminal activities over which Company has no or very little control, and there are inherent risks simply by participating in activities near the water.
(e) Company has made no effort to determine, and accepts no responsibility for, medical, physical or other qualifications or the suitability of any guest for the Recreational Activities. Each guest must assess their own suitability for the Recreational Activities and recognize their own limitations.
(f) Consumption of even small quantities of alcohol will impair judgment, reduce a guest’s ability to effectively manage or react to the risks associated with the Recreational Activities and make it more dangerous to be in and near water. Company advises all guests over the age of 21 to exercise extreme caution when consuming alcoholic beverages on Son's Geronimo and engaging in Recreational Activities after consuming alcohol and Company accepts no responsibility for the consumption of alcohol by adult guests
(g) FALLING BRANCHES: There are many large trees including pecan trees located on the Property. Many of these trees, especially pecan trees are known as self-pruners and as such will lose branches from time to time. Son's Geronimo is not liable for damages or harm caused by such branches falling onto the undersigned’s or his/her parties’ and/or guest’s vehicles and/or persons as such incidents are beyond Son's Geronimo control.
(h) At no time is there a lifeguard on duty, you (the Contact) are responsible for the safety of yourself and your guests in and around the pool during your stay including adhering to all posted warning signs. Use of pool & hot tub facilities involves certain risks, including but not limited to: 1. The risk of injury resulting from possible malfunction of the pool equipment; 2. The risk of injuries resulting from tripping or falling in the pool area; 3. The risk of injuries resulting from unsupervised divers and swimmers colliding; 4. The risk of other injuries resulting from participating in any action in the pool. 5. Minors should never be left in pool area alone, for any amount of time ever. 6. Elderly persons and those suffering from heart conditions as well as Pregnant woman should consult with a physician before using hot tub. 7. Children 12 years and younger should be restricted from sing hot tub due to high temperatures. and infants should not use hot tub. 8. Persons under the influence of alcohol or drugs are not allowed to use the pool area. 9. No animals, pets or glass allowed in pool area. 8. be sure get is securely closed when entering and exiting the pool area. The beforementioned list is not a complete or exhaustive list of all possible risks; the list only provides examples of types of risks that Contact is assuming.
(i) An inherent risk of exposure to COVID-19 exists in any public place where people are present. By visiting Son's Geronimo, you voluntarily assume all risks related to exposure to COVID-19.
14. ASSUMPTION OF RISK, RELEASE OF LIABILITY AND INDEMNITY. IN CONSIDERATION OF BEING PERMITTED TO RENT SPACE AND EQUIPMENT AND ENGAGE IN RECREATIONAL ACTIVITIES AT SON'S GERONIMO, I, FOR MYSELF, MY HEIRS, ASSIGNS AND ANYONE CLAIMING THROUGH ME, AND THOSE OF ANY MINORS FOR WHOM I AM SIGNING, HEREBY EXECUTE THIS RELEASE IN FAVOR OF COMPANY, ON BEHALF OF MYSELF AND ON BEHALF OF THE CHILDREN OR DEPENDENTS, IDENTIFIED HEREIN. I AND ALL OF THOSE FOR WHOM I AM SIGNING UNDERSTAND AND AGREE TO THE FOLLOWING:
(a) I UNDERSTAND AND VOLUNTARILY ASSUME ALL DANGERS AND RISKS, BOTH KNOWN AND UNKNOWN, ASSOCIATED WITH ENGAGING IN THE RECREATIONAL ACTIVITIES OR ANY ACTIVITY AT SON'S GERONIMO, INCLUDING BUT NOT LIMITED TO, ANY LOSS OR DESTRUCTION OF PROPERTY, SERIOUS BODILY INJURY, PERMANENT DISABILITY OR DEATH, REGARDLESS OF WHETHER THE RISK IS EXPRESSLY SET FORTH IN THIS AGREEMENT. I VOLUNTARILY WAIVE AND RELEASE TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, AND ITS REPRESENTATIVES, OWNERS, INVESTORS, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LANDOWNERS, LANDLORDS, SUBSIDIARIES, CONTRACTORS, AFFILIATED COMPANIES OR ENTITIES, SUCCESSORS, HEIRS AND ASSIGNS (ALL COLLECTIVELY REFERENCED IN THIS AGREEMENT AS THE “RELEASED PARTIES”), FOR ANY AND ALL DAMAGE, LOSS OR THEFT OF ANY PROPERTY, AS WELL AS ANY BODILY INJURY, PERMANENT DISABILITY OR DEATH RESULTING FROM PARTICIPATION IN THE RECREATIONAL ACTIVITIES OR RESULTING FROM ANY OTHER INCIDENT OCCURRING BEFORE, AFTER OR WHILE I AM AT SON'S GERONIMO.
(b) I AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS COMPANY AND THE RELEASED PARTIES (THAT IS, DEFEND THEM AND SATISFY BY PAYMENT OR REIMBURSEMENT) FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, ATTORNEY’S FEES AND COSTS (ALL COLLECTIVELY REFERENCED AS THE “CLAIMS”) INCURRED BY OR ENTERED AGAINST COMPANY OR THE RELEASED PARTIES AS A RESULT OF PARTICIPATION IN THE RECREATIONAL ACTIVITIES OR RESULTING FROM ANY OTHER INCIDENT OCCURRING BEFORE, AFTER OR WHILE I AM AT SON'S GERONIMO.
(C) I AGREE THAT THE FOREGOING INDEMNITIES, WAIVERS, AND RELEASES WILL APPLY EVEN IF THE INCIDENT GIVING RISE TO THE CLAIM IS CAUSED IN WHOLE OR IN PART BY THE CONDITION OF THE PREMISES AT SON'S GERONIMO OR BY THE SOLE OR CONCURRENT NEGLIGENCE OF COMPANY (BUT NOT THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF COMPANY).
(D) I AGREE TO PROVIDE OR OTHERWISE ENSURE ADEQUATE SUPERVISION OF MINORS AND SWIMMERS, WHETHER MYSELF OR BY ASSIGNMENT TO ANOTHER ADULT, AT ALL TIMES WHILE AT SON'S GERONIMO AND TO EXPLAIN ALL RISKS TO EVERYONE IN MY PARTY.
(E) THE UNDERSIGNED FURTHER GRANTS PERMISSION TO COMPANY TO TAKE PICTURES AND USE IMAGES OR VIDEO IN ITS MARKETING AND PROMOTIONAL ACTIVITIES AND WAIVES AND RELEASES ANY CLAIM AGAINST COMPANY RELATING TO SUCH IMAGES AND VIDEO.
*** READ AGREEMENT BEFORE SIGNING ***
Signed: by:
By signing, you are agreeing by the terms and conditions of this document, as well as making sure your party pays in full the total reservation amount according to the invoice.
Please select who will be participating:
First Minor's Information
Second Minor's Information
Third Minor's Information
Fourth Minor's Information
Fifth Minor's Information
Sixth Minor's Information