Media Terms and Conditions

Effective date: May 5, 2022

​

These Media Terms and Conditions (the "Terms") govern photography, videography, audio recording and all other media captured on the premises of Chalet View Lodge, and the use of the Chalet View Lodge name and marks. They are issued by Chalet View Lode, Inc., a California corporation doing business as Chalet View Lodge ("Chalet View Lodge," the "Lodge," "we," "us" or "our"), 72056 CA-70, Portola, California 96122.

​

1. Acceptance of these Terms

1.1 Who is bound. These Terms apply to every person who enters the Property, including overnight guests, event hosts and their guests, vendors, photographers, videographers, content creators, contractors and visitors (each, "you").

​

1.2 How you accept. You accept these Terms, and agree to be legally bound by them, by doing any one of the following:

• (a) signing a Lodge event agreement, vendor agreement, registration card, booking confirmation or other document that references these Terms;

• (b) completing an online booking, inquiry or check-in on www.chaletviewlodge.com or a Lodge booking platform where these Terms are presented and you click to accept;

• (c) entering or remaining on the Property after notice of these Terms is posted at the entrance and at check-in;

• (d) capturing, creating or publishing any Media on or about the Property; or

• (e) publishing content that uses the Chalet View Lodge name, logo, location tag, hashtag or other Lodge Marks, including by tagging @chaletviewlodge or posting from the Lodge's geolocation.

​

1.3 Conditions of entry. Permission to enter and remain on the Property is conditioned on your acceptance of these Terms. If you do not accept them, do not enter the Property, do not capture Media on it, and do not use the Lodge Marks.

​

1.4 Minors. A parent or legal guardian who brings a minor onto the Property, or who permits a minor to capture or publish Media, accepts these Terms on the minor's behalf.

​

1.5 Changes. We may revise these Terms by posting the revised version at www.chaletviewlodge.com/media-terms with a new effective date. The version in effect when Media is captured governs that Media.

​

2. Definitions

• "Property" means all land, buildings, grounds, decks, lawns, ponds, trails, parking areas and interiors owned, leased or controlled by Chalet View Lodge at or adjacent to 72056 CA-70, Portola, California, and any off-site location where a Lodge-hosted event takes place.

• "Media" means every photograph, video, film, audio recording, live stream, drone footage, time-lapse, 360-degree capture, screenshot, caption, written review that incorporates imagery, and any other recording or depiction, in any format now known or later developed, that is created on the Property or that depicts the Property, its buildings, grounds, signage, interiors, food, floral or decor.

• "Lodge Marks" means the names CHALET VIEW LODGE and CHALET VIEW, the Lodge logo, the domain chaletviewlodge.com, the handle @chaletviewlodge and any variation, the Lodge's location tag on any platform, the hashtags #chaletviewlodge and #chaletview, and any other trademark, service mark, trade dress or slogan we use to identify the Lodge.

• "Publish" means to post, upload, share, stream, transmit or otherwise make available to anyone other than yourself, including on social media, websites, portfolios, stock libraries and messaging applications.

• "Commercial Shoot" means any capture of Media intended for paid, sponsored, promotional, editorial, stock-licensing or portfolio use by a brand, publication, agency or professional, other than a photographer or videographer hired by an event host to document that host's own event.

​

3. License to the Lodge in all Media captured on the Property

3.1 Grant. In consideration of your admission to the Property and the permissions granted to you in these Terms, you grant Chalet View Lodge and its affiliates, successors and assigns a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, fully paid, sublicensable and transferable license to reproduce, display, perform, distribute, transmit, edit, crop, adapt, create derivative works from and otherwise use all Media you capture on or of the Property, in any medium now known or later developed, for any lawful purpose, including advertising, marketing, social media, website content, print collateral, press and venue listings.

​

3.2 No signature required for this license. This Section 3 grants a non-exclusive license within the meaning of 17 U.S.C. § 101 and § 204, which does not require a signed writing, and is effective upon any act of acceptance described in Section 1.2.

​

3.3 Waiver of claims. To the fullest extent permitted by law, you waive, and agree not to assert against the Lodge or its licensees, any claim for compensation, attribution, moral rights (including under 17 U.S.C. § 106A and California Civil Code § 987 where applicable), or injunctive relief arising from the Lodge's use of Media under this Section 3.

​

3.4 Attribution. Given the volume of vendors with whom the Lodge works, the Lodge assumes no responsibility for providing attribution or credit for professional Media. The absence of attribution or credit does not constitute a breach of these Terms or affect the validity or continuation of the license.

​

3.5 Your continued rights. Except as provided in Section 4, you retain ownership of the copyright in Media you create and may use it for your own personal, non-commercial purposes, subject to Sections 5 through 7.

​

3.6 Third-party Media. If you Publish Media created by another person (for example, your hired photographer), you represent that you have the right to grant the license in Section 3.1 for that Media, and you will procure that person's agreement to these Terms.

​

4. Assignment of copyright under signed Lodge agreements

4.1 Assignment. If you sign a Lodge event agreement, vendor agreement, Commercial Shoot permit, registration card or any other writing that incorporates these Terms, then, effective upon creation of each item of Media, you irrevocably assign to Chalet View Lodge all right, title and interest, including copyright and all renewals and extensions, in Media that depicts the Property, its buildings, grounds, interiors, signage or trade dress as a principal subject.

​

4.2 Signed writing. The parties intend the signed document that incorporates these Terms to satisfy 17 U.S.C. § 204(a). An electronic signature satisfies this requirement under 15 U.S.C. § 7001 and California Civil Code § 1633.7.

​

4.3 License back. The Lodge grants you a non-exclusive, perpetual, royalty-free license to use the assigned Media for your own portfolio, personal social media and, in the case of event hosts, personal and family use, subject to Sections 5 through 7.

​

4.4 Carve-out for people as the subject. Section 4.1 does not apply to Media in which identifiable persons, rather than the Property, are the principal subject (for example, wedding portraits). That Media remains subject to the Section 3 license only.

​

4.5 Further assurances. You agree to sign any short-form assignment or confirmation the Lodge reasonably requests to record or perfect the rights granted in this Section 4, and you appoint the Lodge as your attorney-in-fact solely to execute such documents if you fail to do so within 14 days of written request.

​

5. Use of the Lodge Marks

5.1 Acceptance by use. By Publishing any content that uses a Lodge Mark, including by tagging @chaletviewlodge, using #chaletviewlodge, or posting from the Lodge's location tag, you confirm your acceptance of these Terms as of the date of that post, and you confirm that the license in Section 3 applies to the Media in that post.

​

5.2 Limited brand license. Subject to these Terms, the Lodge grants you a revocable, non-exclusive, non-transferable license to use the Lodge Marks solely to identify the Lodge truthfully as the location of your stay, event or visit in personal, non-commercial posts.

​

5.3 Prohibited uses. You may not: (a) use a Lodge Mark in a manner that suggests the Lodge sponsors, endorses or is affiliated with you, your business or a third-party product; (b) alter the Lodge logo or combine it with another mark; (c) register or use any domain, handle, hashtag or page name confusingly similar to a Lodge Mark; (d) use a Lodge Mark in connection with a Commercial Shoot, sponsored post, advertisement or product promotion without our prior written approval; or (e) use a Lodge Mark in content that is defamatory, obscene, unlawful or disparaging of the Lodge, its staff, guests or vendors.

​

5.4 Reposting by the Lodge. Posting with a Lodge Mark is also an express request that the Lodge repost, embed or feature your content on its own channels under the Section 3 license, with credit to your handle where practical.

​

5.5 Reservation. All goodwill from use of the Lodge Marks inures to the Lodge. Nothing in these Terms transfers any ownership of a Lodge Mark. Nothing in this Section 5 restricts truthful, non-misleading reference to the Lodge that the law permits without a license.

​

6. Conduct, drones and Commercial Shoots

6.1 Private property. The Property is private. We may limit or prohibit capture of Media in any area, at any time, and may require you to stop recording and leave.

​

6.2 Private spaces. You may not capture Media in guest rooms other than your own, bathrooms, changing areas, bridal or groom suites, staff areas or any area marked "No Photography," and you may not capture Media of any person in a place where that person has a reasonable expectation of privacy (California Penal Code § 647(j)).

​

6.3 Other guests and events. You may not capture or Publish Media of another host's private event, or of guests who have asked not to be recorded, without their consent.

​

6.4 Drones. No unmanned aircraft may be operated on or over the Property without our prior written approval. Approved operators must comply with 14 C.F.R. Part 107, hold current FAA registration, carry liability insurance naming the Lodge as additional insured, and comply with California Civil Code § 1708.8. You are solely responsible for all drone operations and resulting liability.

​

6.5 Commercial Shoots. No Commercial Shoot may take place on the Property without a signed Lodge location agreement and payment of the applicable location fee. Media from an unauthorized Commercial Shoot is subject to Sections 3 and 4, and you will owe the Lodge the standard location fee for that shoot as liquidated damages, which the parties agree is a reasonable estimate of the Lodge's loss and not a penalty (California Civil Code § 1671(b)).

​

6.6 Safety. Capturing Media never excuses entry into closed, hazardous or restricted areas, interference with staff or vendors, or disruption of an event.

​

7. Your likeness and the Lodge's own Media

7.1 Lodge photography. The Lodge and its contractors photograph and film the Property, including during events and ordinary operations. By entering the Property you consent, for yourself and any minor in your care, to appearing incidentally in Lodge Media and to the Lodge's use of that Media for the purposes in Section 3.1, without compensation. This consent is given under California Civil Code § 3344(a).

​

7.2 Opt-out. If you do not wish to appear in Lodge Media, tell the front desk or your event coordinator in writing at check-in and we will make reasonable efforts to exclude you from newly captured Media. Opting out does not require us to remove you from Media already captured or published

​

7.3 Lodge Media is ours. All Media created by the Lodge or its contractors, and all content on www.chaletviewlodge.com and the Lodge's social channels, is owned by or licensed to the Lodge. You may share it only by platform-native share or repost functions that preserve attribution. You may not download, screenshot and repost, or use it commercially without our written permission.

​

9. General provisions

9.1 Relationship to other agreements. These Terms supplement, and are incorporated by reference into, every Lodge event agreement, vendor agreement, location agreement, booking confirmation and registration. If a signed agreement conflicts with these Terms, the signed agreement controls.

​

9.2 Governing law and venue. These Terms are governed by the laws of the State of California and, as to copyright and trademark, the laws of the United States, without regard to conflict-of-law rules. Any action arising from these Terms will be brought in the state courts located in Plumas County, California, or the United States District Court for the Eastern District of California, and you consent to personal jurisdiction there.

​

9.3 Severability. If any provision is held unenforceable, it will be enforced to the maximum extent permitted and the remainder will continue in effect. In particular, if the assignment in Section 4 is held ineffective as to any Media, the license in Section 3 applies to that Media.

​

9.4 No waiver. Our failure to enforce a provision is not a waiver of that provision.

​

9.5 Assignment. We may assign these Terms and the rights granted under them to any successor owner or operator of the Property. You may not assign your rights or obligations.

​

9.6 Entire agreement. These Terms, together with any signed Lodge agreement, are the entire agreement on their subject matter.

​