MILL RACE LODGE HOUSE RULES
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Guest must be 30 years of age to rent this home and provide proof of age if requested.
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Check-in time is at 4 p.m. Check-out time is at 11 a.m. Please be mindful of these times as the cleaning staff is on a schedule.
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NO SMOKING IN THE HOUSE. Smoking outside the home is permitted, but please do so cautiously and responsibly. Please dispose of all cigarette butts and clean ashtrays. If you choose to smoke in the house or around the swimming pool, a $500.00 comprehensive fee will be assessed.
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With the exception of the fire pit, Guests agree not to start any fires inside or outside. The City of Wimberley (and Hays County) has specific laws relating to the burning of refuse, campfires, etc. Guests agree not to start any such fires, including in the fireplaces inside the house.
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The property has its own septic system. PLEASE BE GENTLE. Do not flush any feminine products or non-degradable items down the toilet.
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All trash and recycling must be bagged. Please place trash in the appropriate bin by the basketball hoop. DO NOT LEAVE TRASH OUTSIDE—Hill Country critters can make a huge mess. If the bins are full, please keep the trash inside the house or inside the shed by the bins and let us know.
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Trash bags, toilet paper, and other items are provided for the length of your stay. If additional items are required, you will need to purchase them.
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As per the rental agreement you have accepted, no more than twelve (12) persons may be on this property at any time. Any violation of this agreement will result in additional fees and fines.
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All activities at Mill Race Lodge are to be conducted at your own risk. Swim in the pool or creek, play on the trampoline, and use the rope swing, canoes, paddle boards, kayaks, etc., at your own risk.
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As a guest, you are entitled to use only the property itself for the purpose of entering or exiting the water. All other properties along the Creek are private properties and you may not make landfall on any other property.
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Please return all canoes, inflatables, oars, life jackets, etc., to where you found them. Please secure them when you finish.
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Please keep noise and music levels to a minimum as not to disturb the neighbors. 10 pm is the “Neighborhood Noise Curfew.”
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Children: Mill Race Lodge is not “child-proofed”. Please watch your children accordingly. Children under 13 must wear approved life jackets while on or near the water. Some life jackets are provided. You should bring your own life jackets. Guests must acknowledge there is an inherent danger near any water.
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NO diving or swimming around or near docks or piers. NO diving in the swimming pool.
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Illegal substances are prohibited on the Property and such use are grounds for immediate eviction without refund on any amounts paid.
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Please do NOT move indoor furniture from its original location. If you move outdoor furniture, please return it to its original location.
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Please wash all dirty pots, pans, glasses and, dishes.
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Place dirty towels in the bathroom area.
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Please empty the refrigerator completely.
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Please show this property the respect you would expect from guests in your own house. Keep in mind this is someone’s personal home.
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We are NOT responsible for items left behind. Please double-check all rooms for personal belongings prior to departure. There will be a $25.00 service charge plus shipping for items left behind that you would like to be returned to you.
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Please note that an additional fee will be charged if excessive clean-up is required.
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No Pets. No pets on the property at all. If evidence is found, you will be charged a $500 cleaning fee. There are some nice kennels in town, in case you need them.
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The Hill Country has critters. Be watchful around the house and the lot for scorpions, snakes, spiders, and fire ants. Watch the kiddos!
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Garbage and recycling pickup is on Monday mornings before 7:00 a.m. Appropriate bins should be left outside the gate at the edge of the street.
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Fireworks are prohibited.
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Recreational vehicles, firearms or weapons of any sort are not permitted on the property.
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No Hunting, Shooting, or Archery
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The password for the “Mill Race Lodge” WiFi is 5127226356.
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Lock all doors when you leave the house to keep your personal items safe
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Please show this property the respect you would expect from guests in your own house. Keep in mind this is someone’s personal home.
IN CASE OF EMERGENCY:
For Police, Fire or Ambulance, dial 911 from the House Phones.
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Water emergency: if there is a problem with a leak in a pipe, Check first to see if there are local shut-off valves (on sinks and toilets). If that doesn’t stop the water, the only way to do a master shut-off is to stop the well pumps. The pump is in the shed in front of the house. Just inside, on the right-side wall, are circuit breakers. Turn them all off. Directly in front of you on the rear wall of the shed is a valve that says “Water Turn Off”. Shut the valve.
CHECK-OUT PROCEDURE
When you are ready to leave Mill Race Lodge (or, even if you’re not ready!):
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Check-out time is 11:00 am unless we have otherwise agreed in writing. Housekeeping will be arriving shortly.
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Please remove all bagged garbage and recycling to the appropriate bins by the basketball hoop.
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Before leaving, set the three thermostats to 65 degrees in the cooler months and 80 degrees during the warmer months.
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POOL TOWELS ARE PROVIDED AS A CONVENIENCE. FEEL FREE TO USE THEM BUT PLEASE LAUNDER AND REPLACE THE POOL TOWELS PRIOR TO YOUR DEPARTURE. HOUSEKEEPING DOES NOT HAVE TIME TO LAUNDER POOL TOWELS IN ADDITION TO ALL THE OTHER LINENS. FAILURE TO LAUNDER AND REPLACE POOL TOWELS WILL RESULT IN A $25 FEE.
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Please turn off all the lights. It is easiest to use the panel in the master bedroom. That panel does not control every light, but most of them. Press buttons on the panel until all indicator lights are out. There are two buttons on the panel marked with a red dot; those two buttons should always stay on.
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Please make sure you check every room before you leave. There will be a $25.00 service charge plus shipping for items left behind that you would like to be returned to you.
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Place sets of keys in the bowl on the hall table—no need to keep one to lock from the outside.
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Keys and Remote Controls: A $25.00 fee will be charged for each set of lost keys or remote controls.
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Please be certain that if you removed a key from the lockbox on the front porch, you have returned it there for the next guest.
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Please make sure all other doors in the house are locked. Then, exit through the front door and lock the bottom lock on the screen door. This does not require a key; just twist the lock from the inside.
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Thank you!
Charles
License Agreement
1. LICENSED PROPERTY: Mill Race Lodge, 216 Mill Race Ln, Wimberley, Texas 78676.
2. TERMS: The term of this License commences at 4:00 pm on your Arrival Date and terminates at 11:00 am on your Departure Date. If the precise dates are left blank on this Agreement, the dates contained in the online reservation/invoice shall control. The online reservation/invoice shall also contain the amount of license fees, cleaning fees, damage deposits, hotel taxes, etc. to be paid, the payment schedule, and the number of adults (over 18) and children in your party.
3. USE OF PROPERTY: Guests (the Undersigned and their Invitees) may use the Property only for single family dwelling purposes and only for the number of occupants as follows: Six (6) Adults and two (2) Minors (under 18 years). Wimberley regulations prohibit more than twelve persons on this Property at any given time. This regulation is strictly enforced. It has to do with septic tank capacity and proximity to Cypress Creek. Violation of this twelve person restriction will result in Guest and their Invitees being asked to leave the Property without any refunds of any rents or fees or taxes and the forfeiture of your security deposit. Guest may not assign this License or sublet any part of the Property. It is agreed that nothing contained in this License shall be deemed or construed as creating the relationship of landlord or tenant or a leasehold interest in the Licensed Property.
4. PETS: Guest may not keep pets on the Property. The Owner's family is allergic to various pets and the costs of sanitizing the house are high. Violation of this “No Pet” restriction will result in
Guest and their Invitees being asked to leave the Property without any refunds of any rents or fees or taxes and the forfeiture of your security deposit.
5. CONDITION OF PROPERTY: Guest accepts the Property in its present condition and state of repair. The Property will be cleaned prior to Guest’s occupancy and will be cleaned again after Guest leaves the Property. Guest shall surrender possession of the Property to Owner in its present condition except normal wear and tear and any casualty loss.
6. ALTERATIONS: Guest may not: (a) make any holes or drive nails into the woodwork, floors, walls or ceilings; (b) alter, paint or decorate the Property or (c) install improvements or fixtures without the prior written consent of Owner. Any improvements or fixtures placed on the Property during the License become a part of the Property.
7. INSPECTIONS: Owner may enter at reasonable times to inspect, replace, repair or complete the improvements. Further, Owner may enter as he deems necessary.
8. LAWS: Guest shall comply with all applicable laws, restrictions, ordinances, rules and regulations with respect to the Property.
9. REPAIRS AND MAINTENANCE: Guest shall promptly repair at Guest's expense any damage to the Property caused directly or indirectly by any act or omission of the Guest or their invitees.
10. INDEMNITY: Guest hereby indemnifies Owner from the claims of all third parties for injury or damage to the person or property of such third party arising from the use or occupancy of the Property by Guest or their Invitees. This indemnification includes attorney's fees, costs and expenses incurred by Owner.
11. INSURANCE: Owner and Guest shall each maintain such insurance on the contents and Property as each party may deem appropriate during the term of this License.
12. DEFAULT: If Guest fails to perform or observe any provision of this License and fails, within 24 hours after notice by Owner, to commence and diligently pursue to remedy such failure, Guest will be in default.
13. TERMINATION: This License terminates at 11:00 am on the Departure Date or upon Guest’s default under this License, whichever occurs first. Guest shall surrender possession of the Property at termination.
14. CANCELLATION: In the event of Guest’s cancellation of a reservation, Owner will endeavor to re-rent for the same period. In the event of a successful re-renting, a total refund (less a 15% fee) will be provided. In the event that a re-rent is not possible, the following refund will be provided: a) If notice of cancellation is given to Owner more than sixty days prior to the commencement of the License period, all of the total License will be returned to Guest; b) If notice of cancellation is given to Owner less than sixty days prior to the commencement of the License period, no refund will be provided.
15. ATTORNEY’S FEES: The prevailing party in any legal proceeding brought under or with respect to the transaction described in this License is entitled to recover from the non-prevailing party all costs of such proceeding and reasonable attorney's fees. This Agreements shall be construed in all respects by the laws, and is subject to the jurisdiction, of the State of Texas.
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16. NOTICES: All notices under this License from one party to the other must be in writing and are effective when delivered or transmitted by emails provided as part of the License correspondence.
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17. SPECIAL PROVISIONS:
*The term “Guest” as used in this License Agreement includes, without limitation, the undersigned Guest and all of the Invitees, family members, employees and any other persons brought onto the Property by the Guest.
*Guest must be 30 years of age to rent this home and provide proof of age, if requested.
*Check in: 4:00 p.m Central Time. Check out: 11:00 a.m. Central Time.
There is only a four hour window to completely clean, disinfect and set up for the next guests. Please respect this work schedule and do not arrive early. Under some circumstances, Owner can arrange for an early check in or late check out if the Property is not licensed to other guests “back-to back”. Please contact Owner about a week before Arrival Date if early check in is desired. Guests who choose to shorten their stay while in residence are still subject to the cancellation policy and are responsible for the full balance due on their reservation.
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*Checkout time is no later than 11:00 a.m. Central Time on your Departure Date. Owner must be able to enter the home at 11:00 a.m.. If Guest does not vacate the Property on time, Guest will be charged for one (1) additional night‘s stay.
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*Checkout procedures: Prior to checkout, all dishes should be clean and left in the dishwasher. Beds may be left unmade, please leave all sheets and blankets on the beds; do not remove the linens from the beds. Towels may be left in the bathrooms. Before leaving, set the thermostats to 65 degrees in the cooler months and 80 degrees during warmer months. Make sure all doors and windows are locked and shut. If Guest has removed a key from the key lockbox, said key must be returned to the lockbox.
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*Please empty the refrigerator completely.
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*PLEASE BE SURE TO READ THE HOUSE RULES AND INSTRUCTIONS AS SOON AS YOU ENTER THE HOME. IF YOU HAVE A PROBLEM, OBJECTION OR QUESTION, PLEASE CALL CHARLES DUGGAN IMMEDIATELY (512-745-9957). PLEASE LEAVE IMMEDIATELY IF YOU REFUSE TO (OR CANNOT) COMPLY.
*Additional charges may be applied after departure due to extra cleaning or damages to a property.
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POOL TOWELS ARE PROVIDED AS A CONVENIENCE. FEEL FREE TO USE THEM BUT, PLEASE, LAUNDER AND REPLACE THE POOL TOWELS PRIOR TO YOUR DEPARTURE. HOUSEKEEPING DOES NOT HAVE TIME TO LAUNDER POOL TOWELS IN ADDITION TO ALL THE OTHER LINENS. FAILURE TO LAUNDER AND REPLACE POOL TOWELS WILL RESULT IN A $25 FEE.
*Mill Race Lodge and its Owner and representatives are not responsible for items left behind. Please make sure you check every room before you leave. There will be a $25.00 service charge plus shipping for items left behind that you would like to be returned to you.
*Pets are NOT Allowed.
*Mill Race Lodge is a nonsmoking property. If you choose to smoke in the house or around the swimming pool, a $500.00 comprehensive fee will be assessed.
*Keys and Remote Controls: A $25.00 fee will be charge for each set lost keys or remote control.
*Policy Statement: Mill Race Lodge is privately owned; Charles H. Duggan and the Charles H. Duggan Living Trust are not responsible for any accidents, injuries or illness that occur while on the Property or its facilities. Charles H. Duggan and the Charles H. Duggan Living Trust are not responsible for the loss of personal belongings or valuables of the Guest or their Invitees. By accepting this reservation, it is agreed that all Guests and their Invitees are expressly assuming the risk of any harm arising from their use of the Property or others whom they invite to use the Property.
*Owner supplies some games and activities for our Guests; however some games have small pieces or parts and are not suitable for young children, i.e. toddlers and infants, who may put things in their mouths. Do not allow young children to play unsupervised with games.
*Owner provides various video games, foosball, air hockey, electronic equipment, canoes, kayaks, flotation devices, ping pong, basketball, trampoline, swimming pool, solar heater, etc. for the enjoyment of the Guests. Guest acknowledges that these items are provided as amenity to the License of the Property and that the use of this amenity is not guaranteed under the terms of the License. Any interruption or non-availability of the use of any amenity will not violate any terms of the License.
*Guest(s) acknowledges and respects the peace and quiet of the Wimberley community. As such there will be no loud music or other sounds made which could disturb neighbors. Owner has the prerogative to terminate this agreement and ask disruptive Guest(s) to vacate. Guest(s) acknowledges and understands that this reservation is only for the number of adults and children listed herein. In no event are there to be more than 12 persons on the Property at any given time. Septic system capacity and local regulation require adherence to this maximum number. NO HOUSE PARTIES (INVOLVING OTHERS THAN REGISTERED GUESTS) WILL BE PERMITTED WITHOUT THE SPECIFIC ADVANCE APPROVAL OF Owner. Violators will be asked to leave and there will be no refund of any money for the time remaining on their reservation.
*With the exception of the fire pit, Guests agree not to start any fires inside or outside. The City of Wimberley (and Hays County) has specific laws relating to the burning of refuge, camp fires, etc. and Guests agree not to start any such fires, including in the fireplaces inside the house.
*Guests understand that they are renting a private home located in the Texas Hill Country. As such, Guests understand that there are snakes, scorpions, and other wild animals/insects that the Owner of Mill Race Lodge cannot control or eliminate. Moreover, this home is located on a creek; while the owner of Mill Race Lodge has taken reasonable precautions to insure the safety of its guests, you should use common sense and extreme caution when outdoors.
*Children under 13 must wear approved life jackets while on or near the water. Some life jackets are provided. You should bring your own life jackets. Guests must acknowledge there is an inherent danger near any water.
*NO diving or swimming around or near docks or piers.
*Illegal substances are prohibited on the Property and such use are grounds for immediate eviction without refund on any amounts paid.
*Garbage and recycling pickup is on Monday mornings before 7:00 a.m. Appropriate bins should be left outside the gate at the edge of the street.
*Fireworks are prohibited.
*Three (3) Vehicle limit to be parked in front of the house, not on neighboring lots.
*No Recreational Vehicles (RVs) are allowed to be parked on the property.
*If a personal check is returned to us for non-sufficient funds, you will be charged the amount levied by the bank for NSF charges.
*Lock all doors when you leave the house to keep your personal items safe.
*Force Majeure. There may be circumstances beyond Owner’s control and contemplation, in which the Property might not be available for Guest’s booking. Examples of these include (but are not limited to) extended power outage (lasting more than one day), severe weather, destruction of or severe damage to the Property. In the event of Force Majeure, Owner will refund all monies paid. This will be the full [1]extent of Owner’s liability to Guest in such circumstances, and Owner will not be responsible for any other costs connected with any such cancellation, howsoever arising.
*NO HUNTING or trapping or shooting of firearms of any type is allowed on the Property. No use of All Terrain Vehicles (ATV’s) will be allowed at any time.
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Guest Initials Owner Initials
18. RELEASE AND INDEMNITY: This Property and its surrounding area include access to balconies, trampolines, swimming pools, rope swings, rivers, creeks or other waterways. Guest(s) use of these facilities is at their own risk. Adults are responsible for the safe conduct of all children on the Property and shall take all appropriate measures to assure their safety. Guest (and/or the Guest’s occupants or Invitees) holds Charles H. Duggan and the Charles H. Duggan Living Trust harmless from any and all liability for damages and/or injuries resulting to Guest and/or the Guest’s occupants or Invitees whether said injury or loss is caused by Owner’s negligence or not. By accepting this License Agreement, Guest acknowledges that he/she has informed all other Guests/invitees of the terms of this Agreement and that all have consented to be bound thereby.
a. In consideration for being permitted to enter Property for vacation rental or any other purpose, the undersigned Guest, for himself/herself, his/her personal representatives, guests, children, heirs, employees, invitees and next of kin, acknowledges, agrees, and represents that he/she has or will immediately upon entering, and will continuously thereafter, thoroughly inspect such Property and his/her continued presence constitutes an acknowledgment that he/she has inspected house, deck, creek, trampoline, swimming pool and the entire Property and he/she finds
and accepts such Property as being safe and reasonably suited for the purposes of his/her use, and he/she further agrees and warrants that if, at any time, he/she feels anything to be unsafe, he/she and all guests will immediately leave the Property and will advise the Owner
b. In consideration for receiving permission to license this Property, Guest (and/or the Guest’s occupants or Invitees) hereby RELEASES, WAIVES, DISCHARGES and COVENANTS NOT TO SUE Charles H. Duggan, The Charles Harmon Duggan Living Trust or their officers, agents, servants, or employees (hereinafter referred to as RELEASEES) from any and all liability, claims, demand, actions and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by Guest and/or the Guest’s occupants or Invitees, or any of the property belonging to Guest and/or the Guest’s occupants or Invitees, whether caused by the negligence of the Releasees, or otherwise, while in, on or upon the Property where the use is being conducted.
c. The subject Property has a swimming pool located thereon. The Guest (and/or the Guest’s occupants or Invitees) will use the swimming pool at the Guest’s (and/or the Guest’s occupants or Invitees) own risk. The Owner will not be held responsible for the injuries sustained by the Guest and/or the Guest’s occupants or Invitees when using the swimming pool, and the Guest will indemnify the Owner for any actions resulting from injuries to Guest and/or the Guest’s occupants or Invitees.
1) The Guest must use the swimming pool in accordance with the Owner’s instructions and in a safe, responsible manner. The Guest is responsible for keeping all gates locked and the swimming pool area secured at all times. The Guest is responsible to insure that Guest and/or the Guest’s occupants or Invitees adhere to all rules established by the Owner including, without limitation, that there is to be no diving in the pool, no running around the pool, no one under 14 years of age in the pool without adult supervision, no glass containers in or near the pool, and no more than 12 persons in the pool at any given time. Guest will permit only “Quiet Use” of the pool after 9:00 p.m. No pets of any kind are permitted in or around the swimming pool at any time.
2) The Guest understands and agrees to allow the Owner access at regular times to maintain the pool equipment. The Guest agrees to refrain from attempting to make any repairs or adjustments to the pool equipment or to any of the electrical wiring for the pool equipment. The Guest must immediately notify the Owner of any repair that the swimming pool may require. The Guest is responsible for the full cost that may be due for repair and/or replacement of the swimming pool that is required as a result of negligence by the Guest and/or the Guest’s occupants or Invitees.
3) The Guest understands that the swimming pool and its equipment and solar heater is strictly an amenity and that the use of this amenity is not guaranteed under the terms of the License. Any interruption or non-availability of the use of the swimming pool and its equipment or solar heater will not violate any terms of the License. Solar heating seems to be effective in the months of May through October. At the Guest’s option, propane pool heating is available for $100.00 per day.
d. Guest further hereby AGREES TO INDEMNIFY AND HOLD HARMLESS the RELEASEES from any loss, liability, damage, or costs, including court costs and attorney fees, that they may incur due to Guest licensing the Property, whether caused by negligence of releasees or otherwise.
e. It is Guest’s express intent that his/her waiver of liability and his/her agreement to hold Releasees harmless shall bind the members of his/her family, spouse, guests, employees, invitees or anyone else brought onto the Property by Guest. Guest hereby further agrees that his/her waiver of liability and agreement to hold the Releasees harmless shall be construed in accordance with the laws of the County of Hays in the State of Texas.
f. IN SIGNING THIS LICENSE AGREEMENT, (or if reserving online, by checking on the “I agree/accept” box) GUEST ACKNOWLEDGES AND REPRESENTS THAT he/she has read the foregoing terms of waiver of liability and agreement to hold Releasees harmless, understands it and signs it voluntarily as his/her own free act and deed; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; Guest is at least eighteen (18) years of age and fully competent; and he/she executes this for full, adequate and complete consideration, fully intending to be bound by same.
g. Standard Security Release Form: The Owner may require that a standard security release form be completed, signed with a handwritten signature and returned to Charles H. Duggan and the Charles H. Duggan Living Trust.
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I HAVE READ AND UNDERSTAND THIS LICENSE AGREEMENT. I CERTIFY THAT I AM AT LEAST 30 YEARS OF AGE AND UNDERSTAND THAT I WILL BE RESPONSIBLE FOR THE CARE OF THIS PROPERTY BEING LICENSED UNDER MY NAME.
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I UNDERSTAND AND AGREE THAT THE OWNER OF THE PREMISES WILL NOT BE LIABLE FOR ANY PROPERTY DAMAGE, BODILY INJURY OR DEATH TO ME, MY FAMILY OR GUESTS, EMPLOYEES OR INVITEES OF MINE, FROM OR DUE TO ANY CAUSE OR ACTION, ARISING DURING THE OCCUPANCY OF THE SAID PROPERTY BY ME, MY FAMILY OR INVITEES OR ANYONE BROUGHT ONTO THE PROPERTY BY ME. PAYMENT FOR A NIGHT’S STAY BY GUEST OR ANYONE IN GUEST’S PARTY IS ACCEPTANCE OF LIABILITY BY GUEST.
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I AGREE THAT I WILL BE LIABLE FOR DAMAGES OR EXTRA CLEANING CHARGES RESULTING FROM THE OCCUPANCY OR USE OF THE PROPERTY BY ME, MY FAMILY OR MY GUESTS, SHOULD THEY BE DISCOVERED DURING OR AFTER DEPARTURE.