Terms and Conditions:
Effective September 21, 2018
1. Your Contract
1.1 Your contract is with Moving Mountains, Inc., a Colorado corporation (MM). These Terms & Conditions will apply to any lodging reservations and services booked through MM.
1.2 Any property rented – private home, condominium, townhome, ranch or residence will be referred to in these Terms & Conditions as a Home. Any person staying in a Home managed by MM is referred to here as a Guest, regardless of the terms of the stay. Unless otherwise stated in writing, these Terms & Conditions are valid for all confirmed Home reservations.
1.3 Modification: We reserve the right to modify these Terms & Conditions at any time, and without prior notice, by posting an amended and dated Terms & Conditions that is always accessible through the Terms & Conditions link on our website.
1.4 Prior to receipt of your signed Booking Documents and deposit, all prices are subject to change without notice. Signed Booking Documents and deposit must be received by MM within 24 hours of Booking Documents being sent to you in order to guarantee pricing and availability of home. Once we receive the booking deposit, along with signed Booking Documents, the price is guaranteed for arrangements stated.
1.5 Accidental Rental Damage Coverage (ARDC) is required with all bookings. This insurance provides the Guest with up to $10,000 coverage for accidental damage that occurs during the stay. This does not cover the Guest against any act deemed to be intentional and Guests will be held liable for damage to the Home and contents occurring during their stay. The cost of the policy is $199 and this is applicable to each individual Home rental agreement.
1.6 MM is not responsible for guest’s valuables while they are staying in any of the residences. Not all homes come equipped with a safe. Please consider leaving your valuables at home.
1.7 MM operates as a Concierge Service by booking activities, transportation and making restaurant reservations on behalf of our guests. Some suppliers require us to provide your credit card details to secure a reservation. In the event the supplier charges your credit card for the activity, then the supplier is the Merchant of Record, instead of Moving Mountains. Moving Mountains will only work with approved suppliers that we have signed contracts with to protect the security of this credit card information.
1.8 Jurisdiction and Venue: The courts of Routt County in the State of Colorado, USA and the nearest U.S. District Court shall be the exclusive jurisdiction and venue for all legal proceedings arising under these Terms & Conditions.
Homes and Non-OSP Residences
1.9 Guests agree that all members of their party and any visitors to the Home during the stay will be advised that outdoor shoes are not to be worn inside the Home. This is to protect carpets and floor surfaces.
1.10 No more than four vehicles may be parked outside overnight at any rental home in Steamboat Springs. If the Home has a garage, Guests are advised to use the garage for overnight parking. Guests of the Home are not permitted to park at any time in the public right of way (on the street) or in an access easement. Guests are responsible for any parking citations and fines that they incur. Steamboat Springs VHR code allows up to 4 cars parked outside at one time. For houses with shared driveways no more than two cars can be parked outside of the garage at any time unless the additional cars can be parked without blocking the overall access of the neighbor’s property/garage/parking
1.10. B Edgemont Guests will have one reserved, underground, parking space. Additional parking may be available outside the building. No more than two vehicles per residence are permitted at one time, unless Guest receives prior written authorization from a manager at MM.
1.10. C Chateau Chamonix Guests will have one reserved, covered, parking space. Additional parking may be available (uncovered) near the pool area. No more than two vehicles per residence are permitted at one time, unless Guest receives prior written authorization from a manager at MM.
1.10. D Guests at the Olympian will have two reserved, underground, parking spaces. Additional parking may be available outside the building, but is typically limited to 2 hours or less parking spaces. No more than two vehicles per residence are permitted at one time, unless Guests receive prior written authorization from a manager at MM.
1.11 Quiet times in Steamboat Springs are from 7pm to 7am. Homes are in residential areas. Any violation of City noise or disturbance ordinances will result in a fine from the City and immediate termination of the Home rental and forfeiture of all monies. Guests are responsible for all fines or citations issued.
1.12 The number of guests in the residence at any one time may not exceed twice the maximum overnight occupancy of the residence. Failure to observe this restriction, such as for an unauthorized event or party, will result in immediate termination of the rental, forfeit of all monies paid and a $2,500 Unauthorized Event Fee will be charged to the credit card on file.
1.13 Prohibited activities include: outdoor sleeping, any activity at which more than twice the number of allowed overnight occupants are in attendance, tents or other outdoor structures, whether deemed temporary or permanent, commercial kitchens, the preparation of any food on site for persons other than occupants and their Guests, parking RV or other large camper vans in driveway, use of snowmobiles around the property or in the neighborhood.
1.14 Your 24 hour contact during your stay is Moving Mountains: 970-870-9359. For after-hours emergencies, please phone our office and follow the instructions to leave a message. This will be forwarded to an on-duty staff member who will contact you as soon as a possible.
1.15 Smoking is not permitted in any part of the Home or in the vehicles operated by Moving Mountains. Decontamination and littering charges starting at $500 will be assessed.
1.16 Our standard housekeeping service is included with the cost of a rental stay. This includes the full exit clean, based upon the Home or Residence being left in a reasonable condition (see 4.6). A light mid-week clean, including towel change is provided for stays of 6 or more nights. A full linen change is provided every 7 nights for longer stays. Bookings over 10 nights will include additional housekeeping services: a mid-week or sheet change scheduled every 3-4 days. Additional housekeeping services are available at Guest expense and are priced based on the individual Guest request and the size of the respective Home.
One Steamboat Place (OSP) Rentals
1.9. A Check-in for Guests staying at One Steamboat Place is at One Steamboat Place, 2250 Après Ski Way, Steamboat Springs CO 80487.
1.10.A At One Steamboat Place, if the group exceeds the overnight group occupancy total as specified on the MM website, the group will be charged $250 per person, per day, for each guest over occupancy. Children under 5 will not be taken into consideration when determining occupancy numbers.
1.11.A No more than two vehicles may be parked in the garage at OSP. No more than two vehicles per residence are permitted at one time unless given prior written authorization from the general manager of OSP. If Guests have more than 2 cars, they are required to inform MM prior to arrival. Oversized vehicles must be preapproved in advance of arrival and may need to be parked offsite.
1.12.A It is preferred that Guests renting ski and snowboard equipment while staying at OSP use Black Tie Ski Rentals, which is the designated manager of the onsite ski valet. The handling of equipment from other equipment rental providers is subject to additional daily handling fees payable to the ski valet by Guests at Guest’s expense.
1.13.A Guests staying at OSP are required to pay a service fee per residence of $27 daily / $175 weekly. This is a charge paid directly to the property. A credit card is required at check-in for this fee.
1.14.A Residences at OSP are individually owned and, as such, are provided with the furnishings, amenities and equipment that is specific to that residence. Any additional furnishings, amenities and equipment required by Guests, such as additional fans, pillows, blankets, humidifiers, are at the expense of the Guest. If requested in advance, MM can typically arrange for the rental of these items.
1.15.A Room service is not available at OSP. We recommend having groceries and drinks stocked prior to arrival, and to book private chef services or our VIP Catered package. A light continental breakfast and daily après ski (winter only) is offered downstairs in the members Wine Room.
1.16.A Your 24 hour contact during your stay is OSP front desk: 970-870-5100 or you may contact Moving Mountains Office at 970-870-9359. For after-hours emergencies, please phone our office and follow the instructions to leave a message. This will be forwarded to an on-duty staff member who will contact you as soon as a possible.
1.17.A Daily housekeeping service is performed between the hours of 8:00 am and 4:00 pm. This includes trash, general tidy, a towel change, kitchen and bathroom clean. A mid-week housekeeping service is included in your stay; sheet change, towel change, kitchen and bathroom clean, and residence vacuum. (If additional services are requested, there will be an additional housekeeping fee charged by OSP upon checkout.)
1.18.A OSP has a strict no-smoking policy for anywhere within 100 yards of the building which includes the decks and balconies of each residence. Decontamination and littering charges of $500 or more will be assessed.
1.19.A Guests acknowledge that the hours of pool/hot tubs are from 9:00 am to 10:00 pm daily. Games room hours are from 8:00am to 10:00pm.
1.20.A Guest acknowledges that all applicable electronics, cords, and audio visual equipment should not be tampered with in any way. Please contact OSP maintenance to assist with any modifications needed. Any damaged, moved, or missing items will be subject to maintenance charges for resetting the equipment, payable by Guest.
2. Catered Packages
2.1 Catering or Catered Chalet packages are offered as an add-on to a Home Rental.
2.2 Unless otherwise stated, the price of a Catered Package does not include: airfares, transport from Denver International Airport, ski lift tickets, equipment rental, alcoholic beverages, the cost of any activities undertaken by Guests during the stay, babysitting, nor the cost of meals eaten outside the Home.
2.3 Prices for Catered Packages are based on a specified number of guests. While increases to the actual number of guests will result in additional costs to the guest, a reduction in the number of guests must be advised prior to arrival and may not result in a reduction of costs.
3. Confirming a Reservation
3.1 Confirmation of any reservation by MM is subject to acknowledgement by MM of the required deposit in cleared funds being received and receipt of the Rental Agreement with the guest's signature, which confirms acceptance of these Terms & Conditions.
3.2 To confirm a reservation(s), a deposit of 50% of the total package cost along with signed Rental Agreement is required within 24 hours of receiving the Rental Agreement. The remaining 50% is due 60 days prior to arrival date. Bookings within 60 days of arrival require full payment at time of reservation.
3.3 MM reserves the right to cancel any reservation if the payment schedule is not met.
3.4 MM reserves the right to book any residence that is available – i.e. any residence that does not have a confirmed reservation.
3.5 MM reserves the right to refuse or cancel, without penalty, the reservation of any guest who has previously breached the MM Terms and Conditions.
3.6 Minimum age for a renter is 25 without disclosure at time of reservations. If under 25, written approval from MM is required for an exception.
4. Check-in / Check-out
4.1 All Guests, EXCEPT Guests staying at OSP, must check in at the MM office at 445 Anglers Drive, #1B, Steamboat Springs, CO 80487.
4.2 Access to the Rental Home requires payment in full, a valid government-issued photo ID, a credit card to be kept on file during the Guest’s stay, signed Rental Agreement and a signed Registration Form.
4.3 Check-in time is from 4:00pm - 6:00pm Check-out is by 10:00am.
4.4 Early check-in or late check-out may be possible by prior arrangement only and can only be guaranteed 48 hours prior to arrival.
4.5 Group Leader must notify MM if the first guest to check-in at the MM office will not be the Group Leader. Failure to do so may result in delays or refusal of check-in by that person.
4.6 Homes are inspected after every stay and additional cleaning charges will apply if the Home is not left in a reasonable condition (i.e. requiring Excessive Cleaning).
- Windows and doors must be left closed.
- Trash must be in trash receptacles and/or taken to the garage rolling bins.
- Dishes must be washed and put away, or left clean in the dishwasher.
- Used towels are to be left in the bathtub or shower.
- Garage doors (if applicable) must be left closed.
- Furniture, if moved, must be returned to the original location as on the arrival date.
- All keys and garage door openers (if any) returned to the kitchen counter
- If any Body Eclipse Lotion, Body Wash, Shampoo or Conditioner pump dispenser is removed, a charge of $20 per container will be added to your account.
4.7 Guests will verify the number of keys and garage door openers received at check-in and agree to pay $35.00 per lost key, $100 per lost elevator key and $75 per lost garage door opener.
Check in / Check out OSP
4.1.A Guests may check-in at the OSP front desk after 4:00pm. Access to the Home requires 100% payment, a valid government-issued photo ID, a credit card to be kept on file during the Guest’s stay and charged for the OSP service fee, a signed Rental Agreement and a signed Registration Form
4.2.A Early check-in or late check-out may be possible by prior written authorization and can only be guaranteed 48 hours prior to arrival.
Note: Catered Chalet package guests will be checked into their residence by their hosts. The Group Leader will need to check-in with the OSP front desk.
4.3.A Checkout Procedures
On departure day, stop by the OSP front desk to drop off keys and to finalize your folio. If the residence requires Excessive Cleaning in addition to the basic exit clean tasks, there will be an additional cost charged to the credit card on file after departure.
Prior to your departure:
- Place any dirty dishes in the dishwasher and turn it on.
- Put the furniture back in the order you found it.
- Place all used towels on the floor in the bathroom. Leave unused items as they were found.
- Put all trash in trash cans.
5. Our Commitment to You:
5.1 Guest satisfaction is our highest priority. We will strive to provide exceptional accommodations, meals and services as described in brochures and our internet websites. To the best of our knowledge, this information is accurate.
5.2 We are available to address any problems you may experience. Please report any concerns with the condition of the residence as soon as possible so we can address your concern right away.
6. Your Commitment to Moving Mountains Inc.:
6.1 The person making the reservation and signing the Rental Agreement is referred to as the "Group Leader". The Group Leader must be 25 years of age or older.
6.2 The Group Leader is responsible for advising all Guests in their party of the Terms and Conditions in this document. At the time of reservation, the Group Leader accepts full responsibility for the actions of all other Guests in their party.
6.3 Individual group members must communicate any special requests and additional services or activities directly with MM Staff. Please confirm any verbal communications via E-mail or fax so that this can be documented in the booking file for future reference. Undocumented communications are non-binding and cannot be referred to as the basis for any guest request not arranged.
6.4 Travel to mountain areas, including but not limited to outdoor activities, at any time of year involve risks about which the Guests must make themselves aware. Guests will hold harmless and indemnify MM, and the Home or property owner against any and all claims and actions arising out of activities that they participate in during their stay, and all risks associated with the possibility of slippery conditions, falling snow and ice, freezing or high temperatures at all times inside and outside of the Home, including, without limitation, expenses, judgments, fines, settlements and other amounts actually and reasonably incurred in connection with any liability, suit, action, loss, or damage arising or resulting from the Guest stay, other than claims arising from the gross negligence of MM, its agent or employee, or any third party under the control or supervision of MM, other than MM or its agent, employee or subcontractors.
6.5 All Guests, jointly and severally, at their cost, agree to be responsible for and to replace or repair any injury, damage or destruction to the Home, its furnishings, equipment, and/or vehicles caused by themselves or by any member of their party. Accidental Damage is addressed in 1.6.
6.6 All Guests agree to act in a responsible and respectful manner toward other Guests, MM Staff, OSP staff and neighbors of adjoining properties. If at any time during the stay a Guest acts in an unruly or malicious manner with verbal or physical abuse, this will result in immediate termination of the rental and forfeiture of all monies paid.
6.7 Use of illegal drugs, in the Home or in the Company's vehicles, will result in immediate termination of the rental and forfeiture of all monies paid. Marijuana, which is now legal in Colorado, may notbe consumed by vapor pipe or smoked inside any Home. Edible marijuana products are a hazard that must be removed at check-out.
6.8 The under-age consumption of alcohol or drugs by Guests, or driving while intoxicated or any accident involving intoxication of Guests shall not be the responsibility of MM or its employees.
6.9 Guests driven in a MM vehicle agree to abide by Colorado's Motor Vehicle Laws, including the requirements where applicable regarding seat belts. Front seat passengers are required to wear a safety belt and all children in the vehicle must be properly buckled in a seat belt or seat. As of August 2010, Colorado law requires that babies ride in a rear-facing car seat until they are one year of age and at least 20 pounds. Children, ages one to four and between 20 and 40 pounds, must ride in an appropriate rear- or forward-facing car seat. Colorado law also requires that children who are over age 4 but under age 8 ride in a forward-facing car seat or a booster car seat, unless they are over 4'9" tall or weigh more than 80 lbs. Children who are not required to be in a car seat or booster seat, but are under 16 years old, must be buckled in a seat belt. Parents traveling with infants should bring their own car seat or arrange to rent one before arrival. Guests are solely responsible for ensuring that arrangements are made to provide adequate equipment to comply with these requirements.
7. Pets / Service Animals
7.1 Guests are prohibited from bringing any pets or service animals into any Home without the written authorization of MM - which should be requested at time of reservation and will not be granted without advance notice at check-in.
7.2 Homes marked as Pet Friendly on the MM website allow animals solely by written authorization and on a case-by-case basis. No more than two animals will be approved.
7.3 All approved pet stays, including service animals, are subject to a taxable Pet Cleaning Fee of $950 payable at time of reservation to cover the cost of returning the property to a pet allergy-free environment. These charges may include, but are not limited to, steam or dry cleaning of all carpeting, area rugs, drapes, bedding, linens, and other furnishings at the discretion of MM.
7.4 Guests and their dogs (or other approved animal) must adhere to the following rules expected of a responsible owner and a well-behaved dog:
- Service Animals may be approved after review of legitimate Service Animal Certification documents. Documents obtained for a fee, without verification of their training or verification of the disability that they are supporting, will not be accepted. Emotional Support Animals are not accepted Service Animals.
- No barking – if neighbors or adjacent Guests are disturbed, the animal will have to be removed from the Home.
- Damage to the Home or furnishings by an animal brought by the Guest is not considered accidental and as such, Guests are fully responsible for repairs for damage to the Home which would include scratches to wood furnishings and doors.
- If the dog disturbs or threatens another Guest or MM employee, the dog will be required to leave.
- The owner is responsible for picking up after the dog. Failure to pick up after your animal is subject to a $500 fine and immediate cancellation of your stay.
7.5 If a Guest is found to have brought an unauthorized animal into a Home (including animals brought into a Home by Guest visitors), an additional charge of $500 per day for each day of the reservation will be payable by the guest and will result in immediate termination of the stay and forfeiture of all monies paid.
7.6 Guests are responsible for the costs associated with boarding an unauthorized pet at an offsite location.
8. Hot Tubs
8.1 MM places a high priority on safety and cleanliness with hot-tub maintenance. Private homes managed by MM that include a hot tub are provided with fresh water, sanitized and chemically balanced prior to each stay. This does not include communal hot tubs and pools at One Steamboat Place, Edgemont, Chateau Chamonix, Storm Meadows or other condominium property where MM is not responsible for maintenance.
8.2 Guests will hold harmless and indemnify MM, and the Home or property owner against any and all claims and actions arising out of the use of the hot tub, including, without limitation, expenses, judgments, fines, settlements and other amounts actually and reasonably incurred in connection with any liability, suit, action, loss, or damages arising or resulting from the Guest use of the hot tub, other than claims arising from the gross negligence of MM, its agent or employee, or any third party under the control or supervision of MM, other than MM or its agent, employee or subcontractors.
8.3 A chemical balance check will be performed after three days on any reservation of five or more days. This chemical balance is included in the cost of your vacation rental. If the water is sufficiently out of balance due to use and has to be changed during the Guest stay, the Guest will be charged $100.
8.4 It is the Guest’s decision to use the hot tub during their stay. If there is any concern regarding the condition of the hot tub water, contact the MM office immediately. Additional chemical checks can be arranged at the Guest’s expense of $25 per check.
8.5 There are times when hot tubs are not available due to cleaning, maintenance, and repairs. There are no refunds or credits if a Home’s hot tub or pool is out of service. Similarly, any equipment in a Home may, on occasion, require service or repair and we will endeavor to facilitate this as quickly as possible. There are no refunds for times when amenities or equipment are being repaired.
9.1 If there is an elevator provided it is for ease of access between floors. A reasonable amount of luggage can be loaded into the elevator and transported to other levels.
9.2 Do not stack luggage.
Do not impede the ability of the doors to freely open and close.
Ensure that all doors are securely closed on each landing prior to use.
Do not allow children to ride the elevator alone. Adult supervision is required.
9.3 Guest acknowledges that negligent use of the elevators may result in damage and the cost of the repair will solely be the responsibility of the Group Leader.
10.1 If there is a fire-pit by signing this agreement, I agree to hold MM and the OWNER of this residence entirely free from any liability, including financial responsibility for injuries or damage incurred, regardless of whether injuries are caused by negligence.
10.2 By signing below, I agree the following:
- I forfeit all rights to bring a suit against Moving Mountains, Inc. or the owner of this residence for any reason connected to the operation of the Fire-pit. In return, I will receive safety instruction on how to operate the Fire-pit.
- I will make every effort to obey safety precautions as listed in writing and as explained to me verbally. I will ask for clarification when needed.
- I will not allow children (under age of 18) to play with or operate the Fire-pit.
- The Fire-pit is to be used exclusively for providing outdoor heat. No cooking is permitted over the Fire-pit.
11. Taxes and Fees
11.1 Vacation Home Rental is currently subject to resort fee, sales tax, LMD tax* and lodging tax. Should the tax rate change, taxes applied to the stay will be adjusted.
- Sales tax: 8.4%
- Lodging Tax 1%
- LMD Tax 2% *
- Resort Fee 11.05% (non LMD), 9.05% (LMD).
*LMD Tax applies solely to properties in the Local Marketing District
11.2 Catered Home packages and other non-lodging services are taxed at 8.4%.
12. Cancellations and Refunds
12.1 Homes offered by MM are not interchangeable once there is a confirmed reservation. If you choose to change Homes once a booking is confirmed, regardless of reason, the original reservation must be cancelled, subject to our cancellation policy, and a new booking must be made at an alternative Home, which would also be subject to the cancellation policy.
12.2 In the case of cancellation, all payments are non-refundable.
12.3 We highly recommend purchasing Travel Insurance to protect your vacation investment. We offer policies with Red Sky Travel Insurance that are available to you at the time of making your reservation. Please indicate this on the Rental Agreement or in writing if you wish to add this to your reservation. This can be added anytime up to 60 days prior to arrival, although additional pre-existing condition coverage applies if the insurance is added within 21 days of reservation confirmation. Please note that if arriving less than 30 days out, travel insurance needs to be purchased at time of booking to cover pre-existing conditions.
12.4 Notification in writing (email or fax) is required to cancel any lodging or additional services and activities. Group Leaders are responsible for making all Guests in their party aware of these Terms & Conditions.
12.5 There are no full or partial refunds for late arrivals or early departures.
12.6 In the event that any kind of refund is provided, MM will retain 10% of any amounts received to cover administration costs and credit card fees.
13. Zoning and Municipal Codes
13.1 Vacation Home rentals are subject to the zoning and municipal codes applicable to the Home location. Current regulations are displayed on the MM Website. If municipal regulations change or can be interpreted to prohibit or to restrict the use of the Home after your reservation is made, we will immediately inform you and you shall be offered the opportunity to:
- cancel your reservation and receive a complete refund of payments received
- continue the reservation at the booked Home subject to the new or reinterpreted regulations
- cancel the reservation at the Home you currently have booked and rebook into another Home with all payments received applied to the new reservation
14. Force Majeure
14.1 If we are prevented or delayed from performing any of the obligations on our part to be performed hereunder or if the normal operation of a booking agreement is adversely affected by reason of an act of God, strike, labor dispute, lockout, threat of imminent strike, fire, avalanche, blizzard, flood, interruption or delay in transportation, war, insurrection or mob violence, injunction, requirement or regulation of government, or statute, unavoidable casualties, shortage of labor, equipment or materials, plant breakdown or failure of operational equipment or any disabling cause beyond our control or our representatives or which cannot be overcome by the means normally employed in performance, then and in every such event, any such prevention or delay will be deemed not to be a breach of our Agreement, but performance of any of the said obligations or requirements will be suspended during such period of disability and the period of all such delays resulting from any such causes will be excluded in computing the time within which anything is required or permitted by MM or our representative to be done hereunder, it being understood and agreed that the time within anything is to be done, or made pursuant hereto will be extended by the total period of all such delays.
15.2 Website users are granted a limited, revocable, and nonexclusive right to create a hyperlink to this site provided that the link does not portray us or our products or services in a false, misleading, derogatory, or offensive matter. You may not use any logo, trademark, or tradename that may be displayed on this site or other proprietary graphic image in the link without our prior written consent.
16. Additional Terms per Property
16.1 Iron Horse Ranch
16.1.1 Pool, Railroad Crossing and active Horse Ranch property
I understand and acknowledge that there are risks of personal injury, death, and property damage while staying and/or participating in activities at Iron Horse Ranch.
16.1.2 POOL: I understand that use of the Pool may expose me, my family and my guests to certain hazards, including but not limited to the risk of injury or death from accidental drowning, slippery surfaces, and other risks inherent to water activities and chemically treated water.
16.1.3 RAILROAD PRECAUTIONS: To enter the property requires traversing an unattended Railroad Crossing with no lights or warning signals.
16.1.4 You are solely responsible for determining if it is safe to cross the tracks.
16.1.5 ALWAYS stop and look in both directions before crossing the tracks either when arriving or leaving the property.
16.1.6 Unsupervised or unattended Children should not be allowed near the railroad tracks at any time.
16.1.7 HORSES LIVE ON PROPERTY: Do not approach, touch or interact with horses on property.
16.1.8 GUEST understands that there are many INHERENT RISKS associated with being near equines, which include, but are not limited to the following:
- The propensity of an equine to behave in ways that may result in injury, death, or loss to persons on or around the equine;
- The unpredictability of an equine’s reaction to sounds, sudden movement, unfamiliar objects, persons, or other animals;
- collision with another equine, another animal, a person, or an object; and
- The potential of a GUEST or a CHILD GUEST to act in a negligent manner that may contribute to injury, death, or loss to the person of the participant or other persons, including but not limited to, coming into contact with the horses on property.
16.1.9 I hereby release and agree to defend, indemnify and save Moving Mountains Inc. and the Owner of Iron Horse Ranch, and their employees, contractors and agents harmless from any and all costs, expenses, including without limitation of the foregoing, reasonable attorney’s fees and court costs, liabilities, damages and causes of action, injuries, thefts or property damage occasioned by or in connection with or arising out of the Guests’ and their guests’ and invitees’ use of the Iron Horse Ranch property, any act or omission of Guests, their family members, guests or invitees, or which arise from the failure of Guests and their guests and invitees to comply with the requirements of this Rental Agreement, including but not limited to any claims related to the railroad which is located adjacent to the Property and in close proximity to the residence on the property.
16.1.10 I accept these terms on behalf of all members of my party.
16.1 Rocking Chair Lodge
16.1.1 Climbing Wall and miscellaneous climbing equipment on premises
I understand and acknowledge that there are risks of personal injury, death, and property damage while participating in climbing activities at Rocking Chair Lodge.
16.1.2 All climbing and other activities on the property are potentially dangerous, and other dangers may present themselves during the vacation visit.
16.1.3 I understand that use of the climbing equipment may expose me, my family and my guests to certain hazards, including but not limited to the risk of injury or death from accidental falling and other risks inherent to climbing activities.
16.1.4 I hereby release, discharge, waive, disclaim, and relinquish all claims, actions, or causes of action for personal injury, wrongful death, or property damage against Moving Mountains, Inc. (AGENT) and the owners (OWNER) of Rocking Chair Lodge arising as a result of my participation in activities at the climbing room. I agree to defend and indemnify AGENT and OWNER of Rocking Chair Lodge and hold them harmless for any personal injury, death, or property damage arising from my conduct.
16.1.5 I understand that the effect of my signing this document is that I assume all risk of any injury, wrongful death, or property damage I might suffer while staying at Rocking Chair Lodge, will indemnify and defend AGENT or OWNER against any legal actions or other claims for damages arising as a result of my conduct. I understand that I am forfeiting important legal rights and incurring important legal responsibilities.
16.1.6 I understand that certain skills, abilities, and physical and mental health, and fitness are required in order to reduce the dangers involved in climbing and accept full responsibility for myself and all members of my party in this regard.
16.1.7 I understand and agree that should emergency rescue evacuation become necessary, the expenses are my sole responsibility and not that of AGENT or OWNER.
16.1.8 I agree that the terms of this document bind me, my heirs, assigns, executors and administrators.
16.1.9 I accept these terms on behalf of all members of my party.
16.1 Wildflower Meadows
16.1.1 Extensive Grounds and Ponds on premises
I understand and acknowledge that there are risks of personal injury, death, and property damage while participating in pond, and outdoor activities at Wildflower Meadows.
16.1.2 All canoeing, kayaking and stand-up paddle boarding and other water activities on the pond are potentially dangerous, and other non-boating dangers may present themselves during the vacation visit.
16.1.3 I understand that use of the ponds and grounds may expose me, my family and my guests to certain hazards, including but not limited to the risk of injury or death from accidental drowning, slippery surfaces, mechanical water propulsion and other risks inherent to water and psychical activities.
16.1.4 I hereby release, discharge, waive, disclaim, and relinquish all claims, actions, or causes of action for personal injury, wrongful death, or property damage against Moving Mountains, Inc. (AGENT) and the owners (OWNER) of Wildflower Meadows arising as a result of my participation in activities at the pond, or grounds. I agree to defend and indemnify AGENT and OWNER of Wildflower Meadows and hold them harmless for any personal injury, death, or property damage arising from my conduct.
16.1.5 I understand that the effect of my signing this document is that I assume all risk of any injury, wrongful death, or property damage I might suffer while staying at Wildflower Meadows, will indemnify and defend AGENT or OWNER against any legal actions or other claims for damages arising as a result of my conduct. I understand that I am forfeiting important legal rights and incurring important legal responsibilities.
16.1.6 I understand that certain skills, abilities, and physical and mental health, and fitness are required in order to reduce the dangers involved in canoeing, kayaking and stand-up paddle boarding, swimming and use of the grounds and accept full responsibility for myself and all members of my party in this regard.
16.1.7 AGENT and OWNER recommends proper use of a personal floatation device (life jacket) at all times while aboard a boat or on or in the water. If these come from Wildflower Meadows neither AGENT nor OWNER make any warranty regarding their suitability or effectiveness. Guests use any such equipment entirely at their own risk and assume full responsibility for determining fit or suitability for each and every user.
16.1.8 I understand and agree that should emergency rescue evacuation become necessary, the expenses are my sole responsibility and not that of AGENT or OWNER.
16.1.9 I agree that the terms of this document bind me, my heirs, assigns, executors and administrators.
16.1.10 I accept these terms on behalf of all members of my party.
I have read, understand and agree to the Moving Mountains Rental Agreement terms and conditions stated above.