Date: 2022.06.23
CB Hostel Rental Agreement
CRESTED BUTTE HOSTEL
615 Teocalli Avenue
Crested Butte, CO 81224
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Crested Butte Hostel House Rules
· Quiet hours are from 10 p.m. to 7 a.m. seven days a week
· No pets allowed on the Hostel premises
· No smoking of any kind (including vaping) allowed inside of Hostel premises
· No one under the age of 21 is allowed to consume alcohol on the Hostel premises
· No illegal drugs are allowed on the Hostel premises
· No firearms of any kind allowed on the Hostel premises
· Removing or disabling of smoke or carbon monoxide detectors is forbidden. Please
notify the Hostel Manager if there is an issue
· Hostel provided furniture may not be removed from rooms. Storage for these items
is not available
· No modifications are to be made to rooms
· The posting of decals or stickers is not permitted
· Space heaters must be inspected and approved by Hostel Manager before use. Space
heaters must also be used appropriately and safely
· Open flames including, but not limited to, candles and incense are not permitted on
premises
· No hot plates, camp stoves, microwaves, coffee makers or other kitchen appliances
are allowed to be operated in the room
· No items can be left in hallways or common areas (i.e. skis, bikes, chairs, tables,
etc.)
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· Seasonal equipment storage areas are provided. These storage areas will not provide
locking mechanisms and the Hostel is not responsible for lost or stolen equipment.
Equipment must be stored appropriately and must be in working order. The Hostel
Manager reserves the right to request removal of equipment that does not follow
these guidelines
· If equipment is stored in room, it must be clean, dry and stored appropriately so
that it won’t cause damage to room (i.e. skis lying flat on the ground, buffer between
bike and the wall, etc.)
· Bikes must be either be stored inside private residences or secured to bicycles racks
with chain or U-Bolts. The Hostel is not responsible for theft of bikes. Bicycles may
not be chained to any exterior railings, trees, light poles, or any other structure.
Bicycles may be removed from such areas by the Hostel Manager
· No nonoperating vehicles allowed on property - including snowmobiles, dirt bikes,
trailers, RV’s or campers
· The shared kitchen is to remain clean. No dishes are to be left in the sink or
sanitizer and surfaces are to be wiped down. Please respect other people’s food in
the refrigerator. Do not pour grease or food scraps down the kitchen sink
· The shared bathrooms are to be kept clean. Personal items are not to be stored in
the shared bathrooms
· Main access doors are to remain locked at all times. All doors will be accessed with
codes. Do not share your code with anyone. Connect with the Hostel Manager if you
are having issues with code access
CRESTED BUTTE HOSTEL
TERMS & CONDITIONS FOR ACCOMMODATION
LODGIFY
Terms and Conditions Updated: February 10, 2021
These Terms & Conditions for Accommodation (the “Contract”) are made and entered
into by and between CS Irwin LLC (“Crested Butte Hostel”), and you, on behalf of
yourself and your guests (collectively the “Guest”).
IT IS IMPORTANT THAT THE GUEST READS AND UNDERSTANDS THIS CONTRACT. THIS
CONTRACT CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN THE GUEST AND
CRESTED BUTTE HOSTEL.
THIS CONTRACT WILL BE ACCEPTED BY THE GUEST, AND THE GUEST WILL BE LEGALLY
BOUND HEREBY, UPON THE FIRST OCCURRENCE OF ANY OF THE FOLLOWING EVENTS:
Date: 2022.06.23
(1) THE GUEST’S ACCEPTANCE OF THIS CONTRACT IN WRITING, VERBALLY,
ELECTRONICALLY, OR IN ANY OTHER MANNER,
(2) THE GUEST’S PAYMENT OF ANY AMOUNTS TO CRESTED BUTTE HOSTEL (WHETHER
PAID DIRECTLY OR BY A CREDIT CARD THE GUEST AUTHORIZES CRESTED BUTTE
HOSTEL TO CHARGE IN CONNECTION WITH OR FOLLOWING THE BOOKING) AT ANY TIME
FOLLOWING THE GUEST RECEIVING THIS CONTRACT, INCLUDING ON AN INVOICE,
RECEIPT, ON-LINE, OR IN AN E-MAIL, OR THROUGH A WEBSITE LINK TO THIS
CONTRACT), OR
(3) IF NEITHER (1) NOR (2) ABOVE HAS OCCURRED, THEN UPON THE GUEST RECEIVING
THIS CONTRACT, INCLUDING ON AN INVOICE, RECEIPT, OR IN AN E-MAIL, OR THROUGH
A WEBSITE LINK TO THIS CONTRACT), UNLESS THE GUEST PROVIDES CRESTED BUTTE
HOSTEL WITH WRITTEN NOTICE OF ITS REFUSAL TO ACCEPT THIS CONTRACT WITHIN
FIVE (5) DAYS AFTER ITS RECEIPT.
COLORADO CRESTED BUTTE HOSTEL PROPERTY
The Crested Butte Hostel
615 Teocalli Avenue
Crested Butte, CO 81224
www.crestedbuttehostel.com
BOOKINGS AND CONFIRMATION
Subject to the terms and conditions of this Contract, the Guest may book a
reservation for a stay at one of the properties identified above (the “Property”) and
for recreational activities, events and other services provided by Crested Butte Hostel
or by one or more third parties or Other Crested Butte Hostel Entities (“Activities”)
(collectively, a “Booking”). The Guest will provide complete and accurate information
in connection with the Booking including, without limitation, the names, addresses
and other information about the Guest and any other Participants (as defined below),
and a valid e-mail address for Crested Butte Hostel to use to deliver a Booking
confirmation and to communicate with the Guest in connection with the Booking and
this Contract. The Guest will maintain the e-mail address it provides to Crested Butte
Hostel and will immediately notify Crested Butte Hostel of a substitute e-mail address
in the event the one on record with Crested Butte Hostel is changed or no longer in
use by the Guest.
After Booking and prior to check in the Property Manager will deliver the rules of the
Property (the “Welcome Guidelines”) via email delivery to the Guest. Property
Manager reserves the right to levy reasonable additional charges on the Guest for
violations of the Welcome Guidelines.
Date: 2022.06.23
No Bookings are binding until: (1) the Guest has made full payment of the Deposit, (2)
the Guest’s acceptance of this Contract, and (3) Crested Butte Hostel provides the
Guest a Booking confirmation. All Bookings are subject to the terms and conditions of
this Contract.
DEPOSITS, CANCELLATION POLICY AND CHANGES
Crested Butte Hostel Booking, Deposits, Cancellation and refund policies are strictly
enforced.
Deposits
The Guest may be required to pay a deposit (“Deposit”) at the time the Guest places
the Booking, with the balance due prior to checking in for the Booking. That certain
Deposit is defined on the Property Website. The Property and the Booking may be
subject to different requirements for the payment of the Deposit and the balance set
forth in Crested Butte Hostel Cancellation Policy (as defined below), and in those
instances the payment requirements stated in the Cancellation Policy will apply.
Should the Guest not timely pay the balance in full when due, Crested Butte Hostel
reserves the right to cancel the Booking in full and the Guest’s Deposit is nonrefundable. The Guest may elect to pay for the Booking through one or more
payment types, and specify the application of such payment(s) with respect to certain
accommodations or Activities; provided, however, the terms and conditions contained
in this Contract with respect to Bookings, Deposits, changes, Cancellations and
refunds will apply with respect to each separate payment as if all payments were one
and the same.
Cancellation Policies
All Cancellations by the Guest are subject to Crested Butte Hostel Cancellation
policies, which may differ for each Property and for each Booking (the “Cancellation
Policy”). The Cancellation Policy may be viewed on the Property Websites under
RATES. Crested Butte Hostel Cancellation Policy is strictly enforced. Except for the
Guest’s Cancellation of a Booking timely made in accordance with the Cancellation
Policy, the Guest may not Cancel a Booking for any reason. If for whatever reason the
Guest is provided credits, no refunds are given if the credits are not timely used
before their expiration date, and their expiration date will not be extended or carried
forward to future seasons.
“Cancellation” or “Cancel” is defined as full or partial cancellation, a reduction in
number of nights, a reduction in number of accommodations or Activities reserved. All
Guest notices of Cancellation and requests for changes in Bookings and/or Activities
of any kind must be delivered in writing or by e-mail to the Property Manager.
Changes to Bookings and Activities
Date: 2022.06.23
Unless otherwise agreed in writing by Crested Butte Hostel, any change or
modification to a Booking or Activities requested by a Guest shall be treated as a
Cancellation of the Booking and the placement of a new Booking in accordance with
the requested changes and modifications. Accordingly, a Guest may not change or
modify a Booking or Activities unless such change or modification is submitted to
Crested Butte Hostel prior to the Guest’s deadline to Cancel the Booking in
accordance with the Cancellation Policy, and in such instance any refunds or credits
provided under the Cancellation Policy will be applied to the requested changes and
modifications.
NON-REFUNDABLE AMOUNTS
The Bookings, Activities and Property are unique and Cancellations significantly affect
operations. The Guest acknowledges and agrees that except for any refund or credit
that is expressly permitted by the terms of the Cancellation Policy applicable to the
Property and the Booking, and except for an Crested Butte Hostel Corrective Change
(as defined below), the Guest has no right to, and will not receive, any refunds,
reimbursements or credits for any Deposits, payments or any other amounts paid in
connection with any Bookings under any circumstances, whether the Cancellation is
made by the Guest for any reason of any kind or nature whatsoever, and even in the
event of a Force Majeure (as defined below), and Crested Butte Hostel shall have no
liability to the Guest in connection with any of the foregoing. The Guest assumes all
risks.
Cancel for Any Reason Insurance
Due to Crested Butte Hostel strict Cancellation Policy and the Guest’s risk of loss of
its Deposit and all other amounts paid, Crested Butte Hostel strongly recommends
that the Guest purchase “Cancel for Any Reason” (“CFAR”) travel insurance to provide
the Guest with coverage for Cancellations for any reason, injuries, lost luggage, Force
Majeure, frustration of its purpose, impracticability or impossibility of performance,
economic hardship or loss, and any other events that may affect the Booking. Crested
Butte Hostel representatives can provide the Guest with the name of a third-party
travel insurance provider who offers CFAR travel insurance coverage for the Guest’s
Booking, or the Guest may purchase CFAR travel insurance from another insurance
provider of its choosing.
The decision whether to purchase CFAR travel insurance is in the sole and absolute
discretion of the Guest, and the Guest acknowledges, accepts and agrees that: (1) the
Guest’s purchase of CFAR travel insurance is the Guest’s SOLE AND EXCLUSIVE REMEDY
to recover its non-refundable Deposit and other payments to Crested Butte Hostel in
the event of a Cancellation not subject to a refund under the Cancellation Policy or in
the event of a Force Majeure, (2) if the Guest chooses not to purchase CFAR travel
insurance, then it accepts the full, complete and entire risk of loss of its nonrefundable Deposit and other payments to Crested Butte Hostel in the event of a
Cancellation not subject to a refund under the Cancellation Policy or in the event of a
Force Majeure, and (3) the Guest fully accepts all of the foregoing risks of loss even if
Date: 2022.06.23
caused by a Force Majeure, or if the Guest is unable to perform for any reason, or if
the Guest’s stay or use of the Property or any Activities or other portions of the
Booking or the Guest’s purposes or primary purpose for the Booking are frustrated or
rendered impossible, impracticable, difficult, costly or results in any economic
hardship or losses. In connection with a Booking, Crested Butte Hostel may require
the Guest to sign a declaration acknowledging whether the Guest has purchased CFAR
travel insurance or declined to purchase that insurance as described above in this
paragraph. If the Guest does not timely provide Crested Butte Hostel with the signed
declaration, Crested Butte Hostel shall have the right to Cancel the Booking, which
Cancellation shall be subject to the Cancellation Policy.
Cancellation or Change by Crested Butte Hostel
Crested Butte Hostel may cancel or request a change to a Booking or Activities
because of an error made by Crested Butte Hostel in the Booking or Activities dates, a
double booking, a conflict with another event, Booking or Activity at the Property, or
any similar error (an “Crested Butte Hostel Corrective Change”). In the event of an
Crested Butte Hostel Corrective Change Crested Butte Hostel will notify and provide
the Guest with, in Crested Butte Hostel sole discretion: (1) a refund of the amount
paid for the Booking or Activities, (2) a credit for the amount paid for the Booking or
Activities, which must be used within twelve months of the date of arrival stated in
the Booking, and which may be applied to a new Booking at the same or another
Property pending availability and subject to possible price increases, or (3) a
combination of (1) and (2) above. For the avoidance of doubt, a change or
cancellation due to Force Majeure is not an Crested Butte Hostel Corrective Change.
ACTIVITIES AND OTHER PROVIDERS
The Guest may participate in Activities that may be located either on or off of the
Property and that utilize real estate, property or equipment owned or operated by
Crested Butte Hostel, by one of Crested Butte Hostel Affiliates (the “Other Crested
Butte Hostel Entities”) or by one or more third parties. Activities will be billed
separately, as Additional Fees (as defined below), in advance and/or at the conclusion
of the Guest’s stay and stated in a final invoice (“Final Invoice”). The Guest
understands, acknowledges and agrees that: (1) such third parties and the Other
Crested Butte Hostel Entities are not parties to this Contract and are separate and
independent entities and businesses, (2) the Guest must enter into separate
agreements for any Activities directly with such third parties and Other Crested Butte
Hostel Entities, (3) the billing and payment of Additional Fees for such Activities may
be coordinated through Crested Butte Hostel, and (4) under no circumstances will
Crested Butte Hostel be liable to the Guest or to any third party for any Activities
provided or offered by third parties or any Other Crested Butte Hostel Entities, or for
any acts, omissions, negligence or willful misconduct of any third parties or any Other
Crested Butte Hostel Entities. Likewise, the Other Crested Butte Hostel Entities shall
not be liable to the Guest or any third party for the acts, omissions, negligence or
willful misconduct of Crested Butte Hostel or of any third parties. Activities may have
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age and health restrictions and require the execution of a release, waiver of liability
or other documents as a condition of participation.
ADDITIONAL FEES
The Guest acknowledges and agrees that it is liable for and will pay to Crested Butte
Hostel an amount equal to all and any fees (collectively, the “Additional Fees”)
attributable to: (1) Activities and services engaged in or utilized by the Guest or its
Activity Guests (as defined below), (2) all and any incidentals incurred during the
Guest’s stay, and (3) damage caused, directly or indirectly, by the Guest or any
Participants (as defined below). Any unpaid portion of the Additional Fees may be
listed on the Final Invoice provided to the Guest.
Crested Butte Hostel will charge Guest $100.00 per person per day that exceeds the
maximum occupancy of the Property as defined under Rental Info on the Property
OVERVIEW on the Property Website.
Crested Butte Hostel will charge Guest $50.00 per hour for late check out. Check out
is defined on the Property Website under BOOKING SETTINGS then Check-in / Checkout times.
After Booking and prior to check in the Property Manager will deliver the rules of the
Property (the “Welcome Guidelines”) via email delivery to the Guest. Property
Manager reserves the right to levy reasonable additional charges on the Guest for
violations of the Welcome Guidelines.
FINAL INVOICE PAYMENT
Crested Butte Hostel will provide the Guest a copy (via e-mail or otherwise) of the
Final Invoice. The Guest will provide Crested Butte Hostel a form of payment prior to
check-in for purposes of paying the Deposit and/or the Final Invoice, which the Guest
authorizes Crested Butte Hostel to charge. If the Guest does not provide Crested
Butte Hostel an alternative form of payment prior to checkout for purposes of paying
the Final Invoice, the Guest hereby authorizes Crested Butte Hostel to charge
(collectively, the “Guest Charge Cards”): (1) the credit card provided to Crested
Butte Hostel by the Guest for payment of the Guest’s Deposit, (2) the credit card
provided to Crested Butte Hostel by the Guest at or prior to check-in, if different
from the credit card provided to Crested Butte Hostel by the Guest for payment of
the Guest’s Deposit, and/or (3) any credit card of the Guest otherwise on file with
Crested Butte Hostel or provided by the Guest to Crested Butte Hostel during or prior
to its stay at the Property, in the amount of the outstanding balance of the Final
Invoice which may be charged in Crested Butte Hostel absolute and sole discretion.
Notwithstanding anything contained herein to the contrary, gratuity will not be
included in any payment charged by Crested Butte Hostel unless otherwise authorized
by the Guest and/or Participants making payment of the Additional Fees.
THE GUEST’S INDEMNIFICATION OF CRESTED BUTTE HOSTEL AND OTHERS
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The term “Released Parties” means Crested Butte Hostel, each of the Other Crested
Butte Hostel Entities and their respective Affiliates, and each of their respective
employees, agents, members, owners, trustees, affiliates, and insurers. The term
“Affiliate” means with respect to any person or entity, any other person or entity
that, directly or indirectly through one or more intermediaries, controls, is controlled
by, or is under common control with, the specified person or entity. As used in this
definition of Affiliate, “control” means the possession, directly or indirectly, of the
power to direct or cause the direction of the management and policies of a person or
entity, whether through ownership of voting securities, by contract or otherwise.
The Guest acknowledges and agrees that neither Crested Butte Hostel nor the
Released Parties provide twenty-four (24) hour onsite management or supervision of
the Property or their facilities or of any Activities.
The Guest hereby agrees to indemnify, defend and hold harmless the Released Parties
from and against any and all liability, cost, expense or damage of any kind or nature
whatsoever and from any suits, claims or demands, including legal fees and expenses
made by a third party or by any of the Guest’s Participants whether or not in
litigation, arising out of, or related to, the Guest’s or any of the Participants’ stay at
or use of the Property and its facilities; however, the foregoing obligations shall not
apply to the extent of a Released Parties’ negligence or willful misconduct. This
obligation shall survive the period of the Guest’s stay at or use of the Property.
DAMAGE TO THE PROPERTY
The Guest assumes and is fully responsible and liable for any losses and damage to the
Property or its facilities during their stay or use caused, in whole or in part, by the
Guest and/or any Participants. Crested Butte Hostel shall have the right, and the
Guest hereby expressly authorizes Crested Butte Hostel, to charge one or more of the
Guest Charge Cards all fees, costs and expenses for the repair, replacement and/or
correction of such losses and damages. Crested Butte Hostel may list losses and
damages, to the extent known or calculated, on the Final Invoice. Property Manager
reserves the right to levy reasonable additional charges for violations of the
“Welcome Guidelines.”
DOG POLICY
Crested Butte Hostel welcomes well-behaved dogs and is happy to accommodate them
in dog friendly rooms and suites, subject to availability. When outside the Guest’s
accommodations, dogs must be accompanied and on a leash at all times. Crested
Butte Hostel is not responsible for a dog that may become at large for any reason. If
the Guest would like to board their dog for the day or have them walked, Crested
Butte Hostel staff can direct them to a local facility and service that can do so. The
Guest staying at the Property who owns or is responsible for the dog is liable for any
and all of the dog’s actions. The Guest is required to follow local and state laws in
connection with dog vaccinations, leash laws and clean up. The Guest will respect
other guests’ experiences of the Property by retaining a peaceful atmosphere as it
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relates to the dog. Crested Butte Hostel reserves the right to ask the Guest to vacate
their dog from the Property for any reason or no reason at all. Crested Butte Hostel
requires advanced notice if the Guest plans to bring a dog. A per dog, per day
cleaning fee and a refundable damage deposit (which is in addition to the Deposit)
may be required prior to the Guest and dog arrival.
SMOKING
Crested Butte Hostel has a strict non-smoking of any kind policy blanketed over the
entire operation, which includes but is not limited to all properties and all vehicles.
MINORS
Crested Butte Hostel hosts many multigenerational trips and there is no age minimum
for staying on Property and for many experiences. A minor is defined as a participant
that is seventeen (17) years old or younger (“Minor”). A Minor must be accompanied
by a parent or guardian during all Activities. Crested Butte Hostel representatives
will help determine if the Activities are appropriate for the Minor in question. If
approved, both the Minor and a parent or guardian will need to complete an
information form that includes a release and waiver of liability. Minors thirteen (13)
years of age or younger may not be left without adult or guardian supervision or a
hired babysitter, who has been engaged by the Guest, under any circumstances
including, but not limited to on the Property.
PRIVACY POLICY
The Guest acknowledges that it has read Crested Butte Hostel Privacy Policy which is
available at http://www.elevenexperience.com/privacy-policy/ .
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) PROCEDURE
Crested Butte Hostel Digital Millennium Copyright Act (DMCA) notification and takedown procedures, and the identification of Crested Butte Hostel’s DMCA Copyright
Agent may be found at: http://www.elevenexperience.com/privacy-policy/.
ATTORNEYS’ FEES
In the event of any dispute, litigation or other proceeding between the parties hereto
to enforce any of the provisions of this Contract, any breach, or any right of either
party hereunder, each party shall be solely responsible for and pay its own costs,
expenses and attorneys' fees, incurred at trial, on appeal, and in any arbitration,
administrative or other proceedings.
FORCE MAJEURE
Crested Butte Hostel shall not be liable or in breach of this Contract for any delay,
inability, breach or default in performing any obligation under this Contract or in
connection with any Booking or Activity, whether in whole or in part, resulting from a
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Force Majeure. Except for the Guest’s Cancellation of a Booking timely made in
accordance with the Cancellation Policy that provides the Guest with a refund or
credit, the Guest shall not receive any refund or credit in the event of any
Cancellation caused by a Force Majeure, whether invoked or declared by Crested
Butte Hostel or the Guest. The term “Force Majeure” means: (1) any inability or
failure by Crested Butte Hostel to perform its obligations under this Contract or to
provide the services, reservation, Property, or Activities subject to the Booking, in
whole or in part, for any reason beyond Crested Butte Hostel control, or (2) the
Guest’s inability to travel to, access, use or enjoy the services, reservations,
Property, or Activities subject to the Booking, in whole or in part, for any reason
beyond the Guest’s control. Without limiting the foregoing, a Force Majeure also
includes, without limitation, any event caused by an act of God; flood; fire; storm;
destruction; inclement weather or a change of conditions which limit or affect the
ability to access or use the Property or participate in Activities, such as the ability to
travel to or stay at the Property or Activities; rain, snow storms or other adverse or
unfavorable weather threats or conditions, or insufficient or unavailability of snow,
water or other natural or man-made resources; strike; lockout; war; riot;
insurrection; government or civil authority order or action; embargo; quarantine;
pandemic, virus or other disease; health or safety guidelines, advisories or
restrictions; state, country or local government or civil authority travel bans,
closures, advisories or restrictions; legal restrictions, or compliance with any
applicable state, federal or local government or civil authority laws, rules, ordinances
or regulations or changes thereto; government or civil authority ordered shut downs
or cessation of business or activities; administrative evacuation; or any other cause
beyond either party’s control, whether or not related to any of the foregoing.
WAIVER
The failure or delay of any party in exercising any of its rights hereunder, including
any rights with respect to a breach or default by the other party or the declaration of
a Force Majeure, shall in no way operate as a waiver of such rights or prevent the
assertion of such rights with respect to any later breach or default by the other party.
No party shall be deemed to have waived any rights under this Contract by any action
or inaction unless an express waiver is set forth in writing. The waiver of one breach
hereunder shall not constitute the waiver of any other or subsequent breach. The
rights and remedies of the parties contained in this Contract and as permitted by law
or equity shall be cumulative.
MISCELLANEOUS
Whenever possible, each provision of this Contract shall be interpreted in such a
manner as to be effective and valid under applicable law. However, if any provision of
this Contract or the application of any provision to any party or circumstance shall be
prohibited by or invalid under applicable law, such provision shall be reduced to such
scope as is reasonable and enforceable if possible. Otherwise, such provision shall be
severed from this Contract and ineffective to the extent of such prohibition or
invalidity without it invalidating the remainder of the provisions of this Contract or
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the application of the provision to the other parties or other circumstances. The
captions and headings used in this Contract are for convenience only and do not in
any way limit, amplify, or otherwise modify the provisions of this Contract. There are
no third party beneficiaries to this Contract, whether express or intended. All notices
and other communications permitted or required by this Contract must be made in
writing to be effective; however, the Guest agrees and consents to its receipt of
notices from Crested Butte Hostel via e-mail to an e-mail address provided to Crested
Butte Hostel by the Guest.
AUTHORITY; BINDING EFFECT
The person acknowledging this Contract on behalf of the Guest represents and
warrants that this Contract has been duly authorized by the Guest and constitutes the
valid and binding obligation of the Guest, and that the obligations of the Guest
hereunder are binding upon all Participants and the Guest’s employees, agents,
representatives and independent contractors.
JURISDICTION; VENUE
To the fullest extent permitted by law, this Contract shall be governed by the laws of
the country and jurisdiction where the Property subject to the Booking is located
without regard to its conflicts of law provisions. Crested Butte Hostel and the Guest
irrevocably and unconditionally submit, for herself, himself or itself and her, his or its
assets, to the exclusive jurisdiction and venue of any state court or federal court
sitting in or having jurisdiction over the location where the Property subject to the
Booking is located and any appellate court from any such state court or federal court,
in any proceeding arising out of or related to this Contract or the transactions
contemplated by this Contract.
GUESTS AND INDEMNIFICATION
The Guest acknowledges and agrees that: (1) the Guest will notify all individuals who
will be staying at the Property (“Staying Guests”) and all individuals who are enrolled
to participate in Activities and special events (“Activity Guests”) of the terms and
conditions of this Contract and that their acceptance of this Contract is a condition of
their access and use of the Property and/or Activities and special events, (2) the
Guest has identified and registered all Staying Guests on the Booking for the Property
and identified and registered all Activity Guests on the Booking for all Activities and
special events, and (3) only Staying Guests may stay at the Property and use the
Property’s available facilities, and only Activity Guests may participate in the
Activities and special events. The Staying Guests and the Activity Guests are
collectively, referred to as the “Participants”.
The Property may only be used by the Guest and its Staying Guests and Crested Butte
Hostel has not granted, and does not grant any rights or permissions to any persons
other than the Guest and its Staying Guests to access, enter or use the Properties or
its facilities. The Guest shall not invite or allow any other person access or use of the
Date: 2022.06.23
Property or its facilities other than the Guest’s properly registered Staying Guests.
The Guest shall not invite or allow any other person access or use of the Activities or
special events other than the Guest’s properly registered Activity Guests.
The Guest will indemnify, defend and hold harmless Crested Butte Hostel, the Other
Crested Butte Hostel Entities, their respective Affiliates and their respective
employees, agents, officers, directors, contractors, successors and assigns from and
against any actual or threatened claims by any Participants or third parties arising out
of or relating to: (1) any breach of this Contract by the Guest, (2) any act or omission
of any Participants, or (3) the Guest or any Participant’s negligent or willful
misconduct.
In the event of suspected or actual emergency, Property Manager may enter the
premises without notice. Property Manager also reserves the right to enter the
premises for maintenance purposes.
Camping on the premises, including sleeping in pickup campers, trailers, recreational
vehicles or motor homes, is prohibited, except that children included in the Maximum
Occupancy set forth on the Property Website may set up a tent in the yard.
ACKNOWLEDGEMENTS
The Guest agrees and understands: (1) the Guest and all Participants will not engage
in any activities prohibited by any applicable laws, statutes, regulations and
ordinances, (2) this Contract is a contract and shall be binding upon the Guest and all
Participants to the fullest extent permitted by law, and (3) it is the intent and
agreement of the Guest that this Contract shall be binding upon the assignees,
subrogors, distributors, heirs, next of kin, executors and personal representatives of
the Guest and all Participants.
NON-TRANSFERABILITY
This Contract and each Booking is personal to the Guest and may not be assigned or
otherwise transferred, in whole or in part, and Bookings may only be used by the
Guest and the Participants expressly identified in the Booking.
ENTIRE AGREEMENT
This Contract together with all applicable Cancellation Policies are a complete and
exclusive statement of the agreement between the Guest and Crested Butte Hostel
regarding the subject matter contained herein, payment, payment processing, the
Property, the Booking, and the Activities, and embodies the complete and entire
understanding of the parties and supersedes all prior or concurrent proposals and
understandings, whether oral or written, and all other communications between the
parties relating to that subject matter. The parties expressly declare and understand
that no promises, inducements, consideration or agreements not herein expressed
have been made to them. This Contract may only be amended by a writing signed by
Date: 2022.06.23
all parties. The Guest acknowledges and agrees that it may be required to enter into
one or more additional agreements in connection with the Booking, the Activities,
special events and the Property including, without limitation, waivers, releases and
assumption of risks (the “Other Agreements”). Notwithstanding any provision of this
Contract to the contrary, the Other Agreements are separate and independent
agreements from this Contract , and nothing in this Contract amends, alters or
otherwise affects the Other Agreements which shall remain in full force and effect
under their own terms.