CHALET VIEW LODGE, INC.

TERMS AND CONDITIONS OF RESERVATION

 

1. Definitions

As used in these Terms and Conditions (this “Agreement”), the following terms shall have the meanings set forth below:

“Lodge” means Chalet View Lodge, Inc., a California corporation, including its officers, directors, employees, agents, contractors, and affiliates.

 

“Guest” means the individual who makes a reservation with the Lodge, whether directly or through a third-party booking platform.

 

“Related Parties” means any persons staying under the Guest’s reservation, including family members, invitees, and accompanying minors.

 

“Property” means the entirety of the Lodge’s premises, including all buildings, guest rooms, common areas, parking areas, grounds, trails, recreational areas, water features, ponds, and all other outdoor and indoor spaces.

 

“Activities” means any and all recreational, leisure, or other activities available on or through the Property, including but not limited to: use of the pond and surrounding areas; use of any watercraft, boats, kayaks, canoes, or similar vessels; hiking and trail use; use of fire pits, grills, or outdoor cooking areas; swimming or wading in any water feature; use of any sporting, fitness, or playground equipment; participation in Lodge-organized events or excursions; and any other use of the Property’s amenities and natural features.

 

2. Agreement to Terms

 

By making or confirming a reservation with the Lodge, whether via third-party platform, online booking, telephone, email, or other means, the Guest agrees to be bound by this Agreement on behalf of themselves and all Related Parties. The Guest represents and warrants that they have the authority to bind all Related Parties to this Agreement.

 

This Agreement constitutes a binding contract between the Guest, all Related Parties, and the Lodge. The Guest is responsible for ensuring that all Related Parties are informed of and comply with the terms herein.

 

3. Assumption of Risk and Waiver of Liability

 

3.1 Express Assumption of Risk

The Guest and all Related Parties expressly assume any and all risks associated with their presence on the Property and participation in any Activities. The Guest acknowledges that the Property includes natural terrain, water features, wildlife, and other conditions that may present inherent risks of serious bodily injury, illness, or death.

 

3.2 Specific Risk Disclosures

Without limiting the generality of Section 3.1, the Guest and Related Parties acknowledge the following specific risks associated with the Property and Activities:

 

Water Hazards: The Property includes one or more ponds and water features. These water features are unsupervised and no lifeguard is on duty at any time. Risks include, but are not limited to: drowning, submersion injuries, slippery or unstable banks, variable and unknown water depth, submerged obstacles, cold water shock, and exposure to waterborne bacteria, parasites, algae, and other biological or chemical contaminants.

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Watercraft — Restricted Use: The Property may contain Watercraft. Use of any Watercraft is strictly prohibited without the prior express written consent of the Lodge. Any Guest or Related Party who uses Watercraft without such consent does so in direct violation of this Agreement and at their sole and exclusive risk. Risks associated with watercraft use include, but are not limited to, capsizing, falling overboard, collision, equipment failure, drowning, hypothermia, and death. The Lodge makes no representations whatsoever regarding the condition, fitness, seaworthiness, or safety of any Watercraft on the Property.

 

Terrain and Natural Conditions: The Property includes unimproved and natural terrain, trails, slopes, and wooded areas. Risks include uneven ground, falling branches, rock falls, exposure to wildlife (including venomous animals and insects), extreme weather, and reduced visibility.

 

Fire and Heat: Use of fire pits, grills, and outdoor cooking areas presents risks of burns, smoke inhalation, and fire spread.

 

General Premises Risks: Risks associated with stairs, decks, balconies, wet surfaces, limited lighting in outdoor areas, and other structural or natural features of the Property.

 

3.3 Waiver and Release

 

TO THE FULLEST EXTENT PERMITTED BY LAW, THE GUEST AND ALL RELATED PARTIES HEREBY EXPRESSLY WAIVE AND RELEASE ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, AND RIGHTS OF RECOVERY AGAINST THE LODGE, WHETHER NOW KNOWN OR HEREAFTER DISCOVERED, IN ANY JURISDICTION, ARISING OUT OF OR RELATED TO THE GUEST’S OR RELATED PARTIES’ PRESENCE ON THE PROPERTY OR PARTICIPATION IN ANY ACTIVITIES, WHETHER ARISING FROM THE NEGLIGENCE OF THE LODGE OR OTHERWISE.

 

3.4 Covenant Not to Sue

The Guest and all Related Parties covenant not to make or bring any claim, demand, or lawsuit against the Lodge arising out of or related to their presence on the Property or participation in any Activities, and forever release and discharge the Lodge from liability under any such claims.

 

3.5 Additional Waivers for Specific Activities

The Lodge may require execution of separate, activity-specific liability waivers and releases as a condition of participation in certain Activities, including but not limited to watercraft use. Such waivers shall be in addition to, and shall not limit or supersede, the protections afforded to the Lodge under this Agreement.

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3.6 Unauthorized Use of Watercraft or Restricted Areas

 

Any Guest or Related Party who uses Watercraft or accesses any restricted area of the Property without the prior express written consent of the Lodge does so in material breach of this Agreement. Such unauthorized use constitutes a voluntary, knowing, and intentional assumption of all risks of injury, illness, death, or property damage, and the Guest and all Related Parties hereby expressly waive and release any and all claims against the Lodge arising from such unauthorized use, whether caused by the negligence of the Lodge, defective condition of equipment, or otherwise. The Guest further agrees to indemnify and hold harmless the Lodge from any and all claims, damages, costs, and expenses (including reasonable attorneys’ fees) arising from such unauthorized use by the Guest or any Related Party.

 

4. Reservation Guarantee and Payments

Deposit: A deposit equal to one night’s room rate, plus applicable taxes and fees, is due at the time of booking.

 

Card Authorization: At check-in, the Lodge will pre-authorize the Guest’s credit or debit card for the full estimated cost of the stay, plus a hold for incidentals.

 

Overages: If charges exceed the authorized amount, additional authorization will be required.

 

Hold Releases: Unused authorized funds will be released within thirty (30) days of checkout; actual timing depends on the Guest’s financial institution.

 

5. Cancellations and Non-Refundable Rates

 

Standard Cancellation: Cancellation must be made at least seventy-two (72) hours prior to the scheduled arrival date to avoid a charge equal to one night’s room rate.

 

Non-Refundable Bookings: Certain rates designated as non-refundable at the time of booking are not eligible for refund under any circumstance, including early departure.

 

6. Taxes, Fees, and Surcharges

 

The following taxes and fees apply to all reservations and are subject to change as required by applicable law or policy:

 

Transient Occupancy Tax (TOT): 9%, imposed by local taxing authority.

 

Lost Sierra Destination Fee: 7.15%, supporting regional tourism marketing.

 

Wellness & Wildfire Surcharge: 5%, covering enhanced cleaning protocols and wildfire risk mitigation.

 

7. Guest Conduct

 

Compliance: Guests and Related Parties must comply with all Lodge rules, posted signage, safety instructions, and applicable law at all times.

 

Zero Tolerance: Illegal activity, violence, harassment, threats, or material breach of this Agreement may result in immediate removal from the Property without refund.

 

Smoking: Smoking is prohibited in all non-designated areas. A recovery fee of $500 will be assessed for any violation.

 

Quiet Hours: Enforced between 10:00 PM and 8:00 AM. Violations may result in removal without refund.

 

8. Recreational Activities and Amenities

 

8.1 General

All Activities on the Property are undertaken at the Guest’s and Related Parties’ sole risk. The Lodge does not employ lifeguards, activity supervisors, or safety monitors for any amenity or natural feature of the Property unless expressly stated.

 

8.2 Pond and Water Features

No swimming, wading, or entry into any pond or water feature on the Property is permitted. The Guest acknowledges that the pond and water features are natural and unsupervised, and that water conditions, depth, and biological content are variable and unpredictable. Guests and Related Parties must comply with all posted signage at water features.

 

8.3 Watercraft — Restricted Use

 

USE OF ANY WATERCRAFT ON THE PROPERTY IS STRICTLY PROHIBITED WITHOUT THE PRIOR EXPRESS WRITTEN CONSENT OF THE LODGE.

 

Watercraft located on the Property are not amenities offered to Guests and are not included as part of any reservation. No Guest or Related Party has any right, license, or permission to use any Watercraft unless the Lodge has provided express written consent in advance, specifying the authorized individual(s), date(s), and conditions of use.

 

In the event the Lodge grants written consent to use Watercraft, the following conditions shall apply:

 

Life Jackets: United States Coast Guard-approved personal flotation devices must be worn at all times while on any Watercraft.

 

Capacity Limits: Any posted or stated capacity limits must be strictly observed.

 

Alcohol Prohibited: Consumption of alcohol is prohibited on or immediately before operating any Watercraft.

 

Minors: Children under the age of eighteen (18) must be accompanied by a responsible adult at all times on any Watercraft.

 

As-Is Condition: All Watercraft are provided “as-is” and “as-available” without warranty of any kind, express or implied. The Lodge makes no representations regarding the condition, fitness, seaworthiness, or safety of any Watercraft.

 

Any use of Watercraft without express written consent constitutes a material breach of this Agreement and trespass to chattels. The unauthorized user assumes all risk of injury, illness, death, or property damage and shall be solely and exclusively liable for any resulting harm to themselves, other persons, or property. The Guest shall indemnify the Lodge for all claims, damages, costs, and expenses arising from any unauthorized use of Watercraft by the Guest or any Related Party.

 

8.4 Children and Minors

Children under the age of eighteen (18) must be directly supervised by a responsible adult at all times while on the Property, including but not limited to in the vicinity of any water feature, watercraft, fire pit, trail, or recreational area. The Lodge is not responsible for the supervision of minors.

 

9. Damage, Incidentals, and Personal Property

 

9.1 Guest Responsibility for Damage

The Guest is liable for any damage to the Property, furnishings, or equipment caused by the Guest or any Related Party, including excessive cleaning requirements or missing items. The Lodge reserves the right to charge the credit or debit card on file for such damages and any associated costs, including legal and collection fees.

 

9.2 Personal Property Disclaimer

The Lodge is not responsible for any loss, theft, or damage to personal property belonging to the Guest or Related Parties, including but not limited to cash, jewelry, electronics, luggage, vehicles, or other belongings, whether such loss or damage occurs on the Property or otherwise. The Guest and Related Parties expressly release the Lodge from any and all liability for such loss or damage, regardless of cause, including the negligence of the Lodge.

 

10. Indemnification

 

The Guest agrees to indemnify, defend, and hold harmless the Lodge from and against any and all claims, demands, actions, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees and costs) arising out of or related to: (a) the Guest’s or any Related Party’s stay on the Property; (b) participation in any Activities; (c) any breach of this Agreement; (d) any negligence or willful misconduct of the Guest or Related Parties; or (e) any injury, death, or property damage caused by the Guest or Related Parties to third parties.

11. Limitation of Liability

 

11.1 No Consequential or Indirect Damages

IN NO EVENT SHALL THE LODGE BE LIABLE TO ANY GUEST OR RELATED PARTY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE GUEST’S STAY ON THE PROPERTY, REGARDLESS OF (i) WHETHER SUCH DAMAGES WERE FORESEEABLE, (ii) WHETHER THE LODGE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (iii) THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED.

 

11.2 Maximum Aggregate Liability

IN NO EVENT SHALL THE LODGE’S TOTAL AGGREGATE LIABILITY TO ANY GUEST OR RELATED PARTY, ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE GUEST’S STAY, OR USE OF THE PROPERTY AND ACTIVITIES—WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE—EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY THE GUEST FOR THE LODGING RESERVATION GIVING RISE TO THE CLAIM.

 

12. Force Majeure

The Lodge shall not be liable for any failure or delay in performing its obligations under this Agreement caused by events beyond its reasonable control, including but not limited to: acts of God, natural disasters, wildfires, earthquakes, floods, pandemics, epidemics, government orders, travel restrictions, terrorism, war, civil unrest, labor strikes or shortages, utility failures, infrastructure damage, or supply chain disruptions. In such event, the Lodge’s obligations shall be suspended for the duration of the disruption. No refunds or damages shall be owed for non-performance, and the Lodge may, at its sole discretion, offer alternative arrangements such as rescheduling or credits.

 

13. Dispute Resolution and Arbitration

 

13.1 Mediation

Any dispute, claim, or controversy arising out of or relating to this Agreement shall first be submitted to JAMS (or its successor) for mediation in San Francisco, California.

 

13.2 Binding Arbitration

If mediation does not resolve the dispute, the matter shall be submitted to JAMS (or its successor) for final and binding arbitration before a single arbitrator in San Francisco, California, administered pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. Judgment on the award may be entered in any court of competent jurisdiction. This clause shall not preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

 

13.3 Attorneys’ Fees

In any arbitration arising out of or related to this Agreement, the arbitrator shall award to the prevailing party, if any, the reasonable costs and attorneys’ fees incurred in connection with the arbitration. If the prevailing party prevailed on some but not all claims and counterclaims, the arbitrator may award an appropriate percentage of such costs and fees.

 

13.4 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles.

 

14. Pets and Service Animals

Pets: A $50 per night, per pet fee applies. Pets must be leashed or otherwise restrained in all common areas.

 

Service Animals: Permitted as required by applicable law. The Guest remains solely responsible for any damage or injury caused by any animal.

 

15. Marketing Consent and Communications

Express Consent: By providing a mobile telephone number, the Guest expressly consents to receive marketing text messages from the Lodge and its affiliates. Consent is not a condition of purchase.

 

Message Frequency: Periodic messages may be sent. Standard message and data rates apply.

 

Opt-Out: Text “STOP” to opt out at any time. For assistance, reply “HELP.”

 

16. Social Media Content and License

 

By using Lodge-associated hashtags (e.g., #ChaletViewLodge) or tagging the Lodge on any social media platform, the Guest grants the Lodge a perpetual, worldwide, royalty-free, non-exclusive license to use, reproduce, modify, and display such content for promotional and marketing purposes. The Guest waives any claims for compensation or prior approval and agrees to indemnify the Lodge for any claims arising from the Guest’s content.

 

17. Privacy and Data Usage

 

Personal data is collected and processed in accordance with the Lodge’s Privacy Policy, including for purposes of customer support, service improvement, and lawful marketing communications.

 

18. Illegal Activity

 

No Guest or Related Party may engage in any illegal activity on the Property. Violations may result in immediate removal from the Property, forfeiture of all amounts paid, and reporting to law enforcement authorities.

 

19. Reservation Administration

 

Third-Party Errors: The Lodge is not responsible for errors made by third-party booking platforms. Guests should confirm reservation details directly with the Lodge.

 

Non-Transferable: Reservations may not be transferred without the Lodge’s prior written consent.

 

Identification: A valid government-issued photo identification matching the reservation name is required at check-in.

 

20. Modification of Terms

 

The Lodge reserves the right to modify this Agreement from time to time. The most current version will be posted on the Lodge’s website. Material changes will be communicated to Guests with existing reservations via email to the address on file. Continued use of the Lodge’s services after any modification constitutes acceptance of the updated terms. Any material changes shall not apply retroactively to reservations confirmed prior to the date of modification unless the Guest affirmatively consents.

 

21. Severability

 

If any provision of this Agreement is found to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties’ original intent.

 

22. Entire Agreement

 

This Agreement, together with any separate waivers or releases executed by the Guest, constitutes the entire agreement between the Guest and the Lodge with respect to the subject matter hereof. No oral or written representations outside of this Agreement shall be binding on the Lodge.

 

23. Acknowledgment

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BY PROCEEDING WITH THIS RESERVATION, CHECKING IN, OR USING THE FACILITIES AT CHALET VIEW LODGE, THE GUEST ACKNOWLEDGES THAT THEY HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT, INCLUDING THE ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY, COVENANT NOT TO SUE, INDEMNIFICATION OBLIGATIONS, LIMITATION OF LIABILITY, AND BINDING ARBITRATION PROVISIONS SET FORTH HEREIN. THE GUEST FURTHER ACKNOWLEDGES THAT THIS AGREEMENT CONSTITUTES A WAIVER OF SIGNIFICANT LEGAL RIGHTS, INCLUDING THE RIGHT TO BRING A LAWSUIT IN COURT AND THE RIGHT TO A TRIAL BY JURY.​

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