Thank you for choosing Waterfront Retreat LLC. To help ensure a safe and enjoyable stay, all guests must read and sign this agreement prior to check-in.
IMPORTANT NOTICE
By signing this agreement, you acknowledge and agree that:
- Waterfront Retreat LLC is an adults-only property.
- The property contains waterfront hazards.
- You assume all risks associated with your stay.
- You are responsible for damages caused by you or your party.
- You agree to all property policies.
- You are releasing certain legal claims as described in this agreement.
Please read this agreement carefully. By signing below, you acknowledge that you have read, understood, and agree to be bound by all terms contained herein.
In consideration of being permitted to stay at Waterfront Retreat LLC, use the property, amenities, facilities, recreational areas, and participate in any activities available on the property, I hereby agree on behalf of myself, my heirs, assigns, personal representatives, estate, and any member of my party to the terms of this Guest Agreement, Release of Liability, Assumption of Risk, and Waiver.
AGREEMENT TO FOLLOW RULES
I agree to observe and obey all posted rules, safety notices, warnings, and instructions provided by Waterfront Retreat LLC, Hitch LLC, and their owners, employees, representatives, or agents. I further agree to follow any oral instructions or directions provided by management, employees, representatives, or agents.
ADULTS-ONLY PROPERTY
I understand that Waterfront Retreat LLC is an adults-only property. Due to unrestricted lake access, docks, hot tubs, fire pits, stairs, elevated decks, uneven terrain, and other waterfront hazards, children and infants are not permitted on the property at any time.
I agree to comply with this policy and accept full responsibility for any violation by me or any member of my party.
RESPONSIBILITY FOR DAMAGES
I understand that I am responsible for any damage to cabins, accommodations, furnishings, amenities, equipment, property, excessive cleaning, missing items, unauthorized guests, or policy violations caused by me or any member of my party.
I agree to reimburse Waterfront Retreat LLC for all repair costs, replacement costs, excessive cleaning fees, administrative expenses, and other losses resulting from such damage or violations.
I agree that any charges for damages, excessive cleaning, missing property, unauthorized guests, policy violations, or other amounts owed under this agreement shall be due immediately upon demand and payable within thirty (30) days of written notice from Waterfront Retreat LLC.
PROPERTY POLICIES
I understand and agree that Waterfront Retreat LLC is a non-smoking property. Smoking or vaping inside any cabin may result in additional cleaning fees, damage charges, and removal from the property without refund.
I understand that only registered guests are permitted on the property unless prior written approval has been obtained from management. Unauthorized visitors may result in additional fees, cancellation of the reservation, or removal from the property without refund.
NATURAL ENVIRONMENT ACKNOWLEDGMENT
Waterfront Retreat LLC is located in a natural waterfront setting. Guests may encounter insects, spiders, mosquitoes, bees, wasps, ants, snakes, birds, fish, waterfowl, wildlife, algae, aquatic vegetation, pollen, mud, leaves, weather conditions, and other naturally occurring environmental conditions commonly associated with outdoor and waterfront properties.
While reasonable efforts are made to maintain the property and accommodations, Waterfront Retreat LLC cannot guarantee that insects, wildlife, or other natural environmental conditions will not be present on the property or occasionally enter cabins, structures, or guest accommodations.
Guests acknowledge and accept these conditions as an inherent part of the property's natural environment and assume all risks associated therewith.
Waterfront Retreat LLC, Hitch LLC, and the Releasees shall not be liable for any injury, illness, allergic reaction, property damage, inconvenience, loss, or other damages arising from insects, wildlife, weather, vegetation, natural terrain, or other naturally occurring environmental conditions.
The presence of insects, wildlife, weather conditions, or other natural environmental factors, whether outdoors or within guest accommodations, shall not constitute grounds for a refund, discount, cancellation, relocation, or reimbursement of any kind.
PETS, EMOTIONAL SUPPORT ANIMALS, AND SERVICE ANIMALS
Waterfront Retreat LLC maintains a no-pets policy. Pets, emotional support animals, comfort animals, therapy animals, and companion animals are not permitted unless prior written authorization is provided by management.
Service animals are accommodated as required by applicable law. Guests with service animals are responsible for keeping the animal under control at all times and for any damage, injury, cleaning costs, or disturbances caused by the animal.
Unauthorized animals may result in cleaning fees, damage charges, cancellation of the reservation, removal from the property without refund, or other remedies permitted by law.
ALCOHOL, DRUGS, AND ILLEGAL ACTIVITY
Alcohol may be consumed only by guests of legal drinking age and in compliance with all applicable laws.
Guests shall not operate any boat, watercraft, vehicle, recreational equipment, or engage in any activity while impaired by alcohol, illegal drugs, controlled substances, or any other intoxicating substance.
Illegal drugs and unlawful activities are strictly prohibited on the property.
Guests acknowledge that alcohol and intoxicating substances increase the risks associated with waterfront activities, swimming, docks, hot tubs, fire pits, stairs, decks, and other amenities, and voluntarily assume all related risks.
Illegal activity, disorderly conduct, public intoxication, excessive noise, harassment, threats, violence, property damage, or any behavior that creates a safety risk may result in immediate removal from the property without refund and may be reported to law enforcement.
FIREARMS, WEAPONS, FIREWORKS, AND HAZARDOUS ACTIVITIES
Guests must comply with all applicable laws regarding firearms, weapons, fireworks, explosives, and hazardous materials.
The discharge of any firearm, air gun, bow, crossbow, fireworks, explosive device, or similar item on the property is strictly prohibited.
Guests shall not engage in unsafe, reckless, threatening, unlawful, or disruptive conduct involving firearms, weapons, fireworks, explosives, or hazardous materials.
Any violation of this policy may result in immediate removal from the property without refund and may be reported to law enforcement.
RIGHT TO REMOVE GUESTS
Waterfront Retreat LLC reserves the right, in its sole discretion, to refuse service, terminate a guest's stay, remove any guest or visitor from the property, and/or contact law enforcement if any guest or member of a guest's party violates this agreement, engages in illegal activity, creates a safety hazard, disturbs other guests, damages property, or otherwise fails to comply with property rules and policies.
In such circumstances, the guest may be required to leave the property immediately and may forfeit any refund, reimbursement, or compensation for unused accommodations, subject to applicable law.
WATERFRONT, LAKE, AND AMENITY ACKNOWLEDGMENT
I understand that Waterfront Retreat LLC is a waterfront property and that my stay may include access to the lake, shoreline, docks, swimming areas, kayaks, canoes, paddle craft, boats, hot tubs, fire pits, stairs, decks, walkways, and other recreational amenities.
I acknowledge that participation in these activities involves inherent risks, including but not limited to slips, falls, drowning, collisions, burns, water-related injuries, weather-related injuries, wildlife encounters, equipment failure, acts of other guests, property damage, serious bodily injury, permanent disability, and death.
I understand that the property may contain uneven terrain, wet surfaces, gravel pathways, natural obstacles, wildlife, insects, changing weather conditions, and other naturally occurring hazards.
I understand that lake levels, water conditions, currents, submerged objects, weather, and shoreline conditions may change without notice.
I voluntarily assume all risks associated with the use of the property and its amenities.
I understand that no lifeguard, water safety personnel, medical personnel, or supervision is provided by Waterfront Retreat LLC.
ASSUMPTION OF RISK, RELEASE OF LIABILITY, AND INDEMNIFICATION
I understand and acknowledge that my participation in activities and use of the property is voluntary.
I recognize and acknowledge that there are certain inherent and unforeseeable risks associated with staying at, visiting, or using a waterfront property.
I voluntarily and knowingly assume all risks, known and unknown, foreseeable and unforeseeable, associated with my stay, participation in activities, use of amenities, and presence on the property.
In consideration of being permitted to stay at Waterfront Retreat LLC and use its amenities, I voluntarily release, waive, discharge, and hold harmless Hitch LLC, Waterfront Retreat LLC, Barry Searcy, Natalie Searcy, and their respective officers, directors, managers, employees, agents, representatives, volunteers, affiliates, successors, heirs, and assigns (collectively referred to as the “Releasees”) from any and all claims, demands, actions, causes of action, liabilities, damages, losses, costs, expenses, judgments, or attorney fees arising from or related to my stay, participation in activities, use of amenities, or presence on the property, INCLUDING CLAIMS ARISING FROM THE ALLEGED NEGLIGENCE OF THE RELEASEES, EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
I further agree to indemnify, defend, and hold harmless the Releasees from and against any and all claims, demands, actions, damages, losses, liabilities, costs, expenses, and attorney fees arising from or related to my actions, omissions, conduct, participation in activities, use of amenities, or the actions of any member of my party.
I expressly agree that this release, waiver, assumption of risk, and indemnification agreement is intended to be as broad and inclusive as permitted by the laws of the State of Alabama and shall survive the conclusion of my stay and continue in full force and effect thereafter.
This agreement shall be binding upon me and my spouse, heirs, next of kin, family members, assigns, personal representatives, estate, and any person asserting a claim on my behalf.
PERSONAL PROPERTY
I understand that Waterfront Retreat LLC and Hitch LLC are not responsible for lost, stolen, damaged, or unattended personal property.
MEDICAL CARE
I understand that emergency medical services may not be immediately available due to the property's location. I accept full responsibility for any medical treatment, transportation, and medical expenses incurred during my stay.
I authorize emergency medical care to be obtained on my behalf if deemed necessary and agree that I am solely responsible for all costs associated with such care, treatment, or transportation.
GUEST INFORMATION AND AUTHORITY TO SIGN
I represent and warrant that all information provided in connection with this reservation is true, accurate, and complete.
If I am making this reservation on behalf of another guest, I represent that I am authorized to provide information for that guest and that all information submitted accurately reflects the individual(s) staying at the property.
NO DURESS
I acknowledge that I have had adequate opportunity to read this agreement, ask questions, and seek legal advice if desired. I am signing this agreement voluntarily and without pressure, coercion, or duress.
I understand and agree that execution of this agreement is a condition of my stay. Waterfront Retreat LLC reserves the right to cancel any reservation, deny check-in, or terminate occupancy if this agreement is not signed and accepted by all required guests.
SEVERABILITY
If any portion of this agreement is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
GOVERNING LAW, VENUE, AND ATTORNEY FEES
This agreement shall be governed by the laws of the State of Alabama.
Any claim, action, or dispute arising out of or relating to this agreement or my stay at Waterfront Retreat LLC shall be brought exclusively in a court of competent jurisdiction located in Lauderdale County, Alabama.
In any action to interpret or enforce this agreement, including the recovery of damages arising from the acts or omissions of a guest, the prevailing party shall be entitled to recover reasonable attorney fees, court costs, and expenses.