STONEHAVEN COTTAGES ON TUSCOBIA LAKE, LLC

GUEST TERMS AND CONDITIONS

IMPORTANT: The following terms and conditions govern the contract and agreement between Guests (individually and collectively “Guest”) and Stonehaven Cottages on Tuscobia Lake, LLC (“Resort”) for providing accommodations and services to Guest.  In consideration and payment of rent, along with other good and valuable consideration, all Guests hereby consent and agree to the following terms and conditions (“Contract”):

1. Upon arrival, all guests must register upon entering the Resort.  Resort representatives will then escort you to your cottage.  Guests will be given a lodging permit to be displayed on Guest’s vehicle windshield at all times during their stay. Guests may check in from 2:00 p.m. to 9:00 p.m., but must register and occupy their cottage by 9:00 p.m. on the first night of their reservation or the cottage will be subject to re-rental and fees may be forfeited. Cottage occupancy is based on two people per bedroom with an additional 2 people maximum with the exception of larger families. Guests must vacate their cottage no later than 12:00 p.m. on the final day of their reservation. Lodging permits will not be issued for more than 14 nights but may be renewed depending upon availability of cottages. Guests must be at least 18 years old to obtain a lodging permit. Permit holders must have identification and proof of age, and furnish the full names of all individuals in their party. The permit holder is responsible for the conduct of everyone under 18 years old and is liable for any violations of the terms and conditions stated herein.
2. Guests are responsible for their own conduct as well as the conduct of their day and overnight visitors and shall be personally liable for any injuries or property damage arising from their actions and that of their guests.  Guests hereby agrees to indemnify and hold harmless Resort, its owners, employees and agents, against and from any and all claims arising out of or from any accidents or other occurrences on or about the Resort and related premises causing injury to any person or person’s property, whomsoever or whatsoever and due directly or indirectly to negligent use of the Resort and/or any part thereof or the negligence of Guest and/or Guest’s family, agents, guests or invitees.  All visitors of Guest must register at the office upon arrival and must park in the overflow parking lot.

3. RATES

Rates for cottages are $150.00/night and/or $950.00/week.  Full payment is due at the time of making your reservation.

All rates and prices are subject to change.

All rates are subject to Wisconsin sales tax and may be subject to local room tax.

4. Cancellation

Any cancellation occurring 14 days or more prior to your scheduled arrival, a full refund is granted minus a cancellation/service fee of $20.  If you must cancel with less than a 14 days of your scheduled arrival will only be refunded 50% of the reservation fee.

5. Furniture and amenities located in the cottages shall not be moved or rearranged for any reason.  Furnishings and amenities are subject to change without notice.
6. Resort shall not be liable for events beyond Resort’s control which may interfere with Guests occupancy, including but not limited to Acts of God, acts of governmental agencies, fire, lightning strikes or inclement weather.  
7. All campfires must be built and maintained in the fire rings and pits designated for that purpose. No garbage and/or pallets shall be burned.  Firewood may not be gathered on Resort property except from dead and down trees. Any cutting of live trees is strictly prohibited. Fires cannot be left unattended and must be extinguished before leaving.

FIREWOOD ALERT-“Don’t Move Firewood.  By transporting firewood, you could be spreading diseases and invasive insects that can quickly kill large numbers of trees. Help stop the spread and obey the Firewood Regulation.

8. All garbage and waste shall be deposited by Guest in appropriate refuse dumpsters located on Resort.  There are labeled dumpsters for trash and recyclables.
9. Dogs and cats are not allowed on the Resort.   
10. For the safety of all guests, the speed limit is 10 m.p.h. or less throughout the Resort and will be enforced.
11.   ATVs and UTVs must be operated on the designated roads and trails for ATV and UTV traffic.  No ATV, UTV or snowmobiles shall be operated on Resort hiking and skiing trails. All ATVs, UTVs and snowmobiles must be equipped with factory exhaust.  No modified or loud mufflers are allowed on Resort.
12. As per current Wisconsin law, no person under the age of 21 years old shall possess or consume alcoholic beverages on the Resort.  Persons age 21 years old or older who possess or consume alcoholic beverages on the Resort must produce adequate identification and proof of age upon request.  
13. Resort does not provide or have a lifeguard on duty.  All swimming and water activities are done at Guest’s own risk.
14. Prior to entering into this Contract, Guest acknowledges the opportunity to inspect the Resort and premises and has determined it is suitable for the Guest’s use and enjoyment and accepts the Resort and premises in an “AS-IS”, “WHERE-IS” condition with all faults. Guests acknowledges and agrees that the Resort has made no representations or warranties, written or oral, express or implied, concerning the Resort and premises.

15. Guest shall not use the Resort for any illegal activity or activity which would injure the reputation or the business of the Resort. Guest shall, at its sole cost, comply with all governmental laws, statutes, ordinances, rules, regulations or requirements now or hereafter in force relating to or affecting the condition, use or occupancy of the Resort. Guest shall not commit nor suffer any waste to be committed upon the Resort.  No trespassing on properties surrounding the Resort.

16. Guests shall refrain from loud, distasteful and disrespectful behavior or language.  Quiet hours shall be observed between 10:00 p.m. and 7:00 a.m.

17. No fireworks (includes sparklers and caps) may be possessed or used on the Resort.  No person shall discharge a firearm on the Resort property.
18. If Resort believes that Guest may have violated any terms or conditions of this Contract, representatives of Resort may enter the premises and/or terminate Guests stay at the Resort.  Upon notice of termination of Guest’s stay at the Resort, Guest shall immediately vacate the Resort and forfeit all rents, deposits and fees.
19. Guest hereby agrees to indemnify Resort, (including its owners, agents, employees and representatives) and shall hold Resort, (including its owners, agents, employees and representatives), harmless from and against any and all claims, actions, damages, liabilities and expenses, including attorneys’ fees, in connection with any occupant, invitee or guest in, upon or at the Resort arising out of or caused by the occupancy or use of the Resort or any part thereof when the same is occasioned, wholly or in part, by an act or omission of Guest, including, without limitation, any accident, injury, or damage to any person or property, or by reason of Guest’s breach or default in the performance of Guest’s obligations under this Agreement. If the Resort shall, without fault on its part, be made a party to any litigation commenced by or against Guest, the Guest shall protect and hold the Resort harmless and pay all costs, expenses and attorneys’ fees incurred or paid by Resort in connection with such litigation. Guest’s indemnification of Resort under this section shall survive the expiration or termination of this Agreement.

20. Guest hereby states and acknowledges Guest has read and is familiar with Wis. Stat. §895.525 (3) & (4).  Guest hereby acknowledges that Guest’s use of the Resort and related premises constitutes a “Recreational activity”, as defined by, Wis. Stat. §895.535(2)(b), and hereby expressly agrees and acknowledges the applicability of Wis. Stat. §895.525 (3) & (4) to Guest’s relationship with Resort.  
21. This Agreement may be amended or modified only by written instrument executed by each of the parties hereto.

22. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, legal representatives, successors and assigns. This Agreement shall not be assigned by any party hereto without the prior written consent of the other parties. Nothing in this Agreement, expressed or implied, is intended to confer upon any third person any rights or remedies under or by reason of this Agreement.

23. This Agreement embodies the whole agreement of the parties. There are no promises, terms, conditions, or obligations other than those contained herein. All previous negotiations between the parties, either verbal or written, not herein contained are hereby withdrawn and annulled. This Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties hereto.

24. This Agreement shall be construed and enforced in accordance with the laws of the State of Wisconsin.