LODGING BOOKING TERMS, ASSUMPTION OF RISK, AND RELEASE OF LIABILITY
PLEASE READ CAREFULLY. THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS. IT RELEASES CLAIMS FOR INJURY AND DEATH, INCLUDING CLAIMS CAUSED BY NEGLIGENCE.
WHO THIS IS BETWEEN
I am the person signing this document (“I” or “me”). I sign it for myself and for everyone in my booking party (together, “Guests”). It is given in favor of: (a) the lodge or property operator that provides my stay, and each of its owners, managers, employees, and contractors (together, the “Lodge”); (b) WaterLynk LLC, which operates the online marketplace I used to book (“WaterLynk”); and (c) the owners and landlords of the property and the businesses that operate amenities on it (together with the Lodge and WaterLynk, the “Released Parties”). WaterLynk is a marketplace only. The Lodge provides the stay. WaterLynk does not own, manage, inspect, staff, or control the property, its condition, or the conduct of other guests, and does not verify the property’s safety or insurance beyond a basic review of the documents the Lodge submits.
HOUSE RULES, OCCUPANCY, AND DAMAGE
I will follow the Lodge’s house rules, check-in and check-out times, and the law. I confirm the number of Guests I have entered does not exceed the room’s maximum occupancy, and that only registered Guests will stay overnight. I am responsible for any loss of or damage to the property, furnishings, or equipment caused by me or my Guests, and I agree the Lodge may charge me for it. The Lodge may end a stay without a refund for the remaining nights if I or my Guests break the posted house rules, endanger anyone, or damage the property. If my room is not ready or not usable, the Lodge will fix it the same day with a comparable room or a full refund for the affected nights, and if I cannot reach the Lodge I will report it to WaterLynk. If I have not arrived by the morning after my check-in date and have not contacted the Lodge, the Lodge may treat my booking as a no-show and release the room unless its arrival instructions say otherwise; any later nights are still charged. Only registered Guests may stay, extra Guests may be added only by rebooking through WaterLynk, and I will not pay the Lodge extra money for the stay outside WaterLynk. WaterLynk takes no damage deposit: if the Lodge believes I damaged the property, it may ask WaterLynk to pass the claim to me within 7 days, and WaterLynk does not decide or collect it.
RISKS OF THE STAY
Staying at a lodge, especially one in a remote or outdoor setting, involves risks that cannot be eliminated no matter how careful anyone is. They include, but are not limited to: slipping, tripping, and falling on stairs, decks, docks, trails, wet or icy surfaces, and uneven ground; fire, woodstoves, firepits, grills, and carbon monoxide; water hazards, including lakes, rivers, docks, boats, and hot tubs or pools; wildlife, insects, and animals on or near the property; weather, floods, falling trees, and power outages; older or rustic buildings, plumbing, wiring, and equipment; recreational use of any amenity on the property; theft or loss of property; the actions of other guests or visitors; and the effects of remote locations, including no cell service and delayed or unavailable emergency help. These risks can result in serious injury or death.
ASSUMPTION OF RISK
I voluntarily accept and assume all risks of the stay for myself and my Guests, known and unknown, including risks caused by the NEGLIGENCE of any Released Party and risks from the condition of the premises, equipment, and amenities.
RELEASE OF LIABILITY
To the fullest extent the law allows, I, for myself and my heirs, executors, personal representatives, and anyone who claims through me, release, waive, and discharge the Released Parties from all liability, claims, demands, losses, and causes of action of any kind, including personal injury, illness, death, and loss of or damage to property, that arise out of or relate to my stay, EVEN IF CAUSED BY THE NEGLIGENCE OF A RELEASED PARTY. This release does not cover gross negligence, recklessness, or intentional misconduct, which the law does not allow to be released.
PROMISE NOT TO SUE
I promise not to bring any claim against a Released Party for anything I have released above. If I do, I will pay the reasonable attorneys’ fees and costs the Released Party incurs defending it, to the extent the law allows.
INDEMNITY
I agree to defend, indemnify, and hold harmless the Released Parties from any loss, liability, damage, or cost (including reasonable attorneys’ fees) arising from (a) my own or my Guests’ negligent or intentional acts or omissions during the stay, including damage to the property and any claim by a third party; and (b) any claim brought by or for another Guest in my party (including a minor) that I signed for, to the extent that claim is released by this document.
SAFETY, MY PARTY, AND MINORS
I will use the property carefully and follow posted safety instructions. I will supervise any children in my party at all times, especially around water, stairs, fire, and wildlife. I am signing for myself and for each other person in my booking party. I confirm that I am at least 18 years old and that I am authorized to sign for them: every adult in my party has agreed to be bound by this document or has authorized me to sign for them, and for every person under 18 I am the parent or legal guardian and I sign on their behalf and agree they are bound. I authorize the Lodge and emergency personnel to arrange emergency medical care for me or any minor in my party if we cannot consent, and I agree to pay for it.
PERSONAL PROPERTY
I am responsible for my own belongings and vehicles, and I understand the Released Parties do not insure them or hold them for safekeeping.
PACKAGES THAT INCLUDE A GUIDED TRIP
If my booking is a package that includes a guided trip, the Lodge arranges the trip and handles the details. I also sign the separate trip waiver for it, which releases the Lodge and any guide or outfitter it arranges for the trip.
CANCELLATION POLICY
If the Lodge cancels, I am refunded in full. If I cancel more than 48 hours before check-in, I am refunded the amount I paid less a non-refundable card processing fee (the percentage is shown at checkout); if I cancel within 48 hours of check-in, I am not refunded.
ELECTRONIC SIGNATURE AND RECORD
I agree that checking the boxes and typing my name is my legal signature, with the same effect as signing on paper, and that I may sign electronically. I have the ability to read this document on my device. WaterLynk records my typed name, the date and time, my IP address, and the exact text shown to me, and emails me a copy; I may print or save it, and I can ask WaterLynk for a paper copy at no charge. If I do not want to sign electronically, I will not book through WaterLynk.
GOVERNING LAW, SEVERABILITY, AND ENFORCEMENT
This document is governed by the law of the state where the activity takes place, without regard to conflict-of-law rules, and any dispute about it will be brought only in the state or federal courts located in that state. It binds me, my heirs, executors, administrators, and personal representatives, and it continues to apply after my trip ends. If a court finds any part of this document unenforceable, the rest stays in effect and the unenforceable part will be enforced to the greatest extent the law allows. In particular, if the release of negligence claims cannot be enforced in a particular state or against a particular person, my assumption of risk, my promise not to sue, my indemnity, and every other part of this document still apply fully. This document, together with the WaterLynk Terms of Use and Privacy Policy, is the entire agreement between me and the Released Parties about its subject matter.
ACKNOWLEDGMENT
I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE RELEASED PARTIES FOR THEIR NEGLIGENCE. I SIGN IT VOLUNTARILY, AS MY OWN FREE ACT, FOR MYSELF AND MY PARTY.
