TERMS & CONDITIONS:
1. AGREEMENT: The following Rental Agreement (hereafter referred to as “Agreement”) between the person completing this rental registration (hereafter referred to as “Renter”) and Saltwater Farm Events LLC (hereafter referred to as “SWF”) sets forth the terms and conditions for rental(s) selected in this transaction according to the terms described below.
2. ASSOCIATED AGREEMENT(S): If any rental units included in this registration have been reserved for these dates under a separate Event Rental Agreement with SWF (hereafter referred to as “Primary Agreement”), then the terms of that Primary Agreement shall take precedence over the terms of this Agreement. (i.e., if any terms of the Primary Agreement conflict, or appear to conflict, with any terms of this Agreement, the Primary Agreement shall prevail)
3. AUTHORIZED GUESTS: Use of the rental unit(s) and/or property is limited to guests registered under this Agreement. No unregistered guests or visitors are permitted at any time. For any units reserved under a separate Primary Agreement, the guest occupancy limits for individual units and/or aggregate groups of units shall be observed.
4. RENTAL PERIOD: The rental period shall begin and end on the dates described in this registration. Start and end times of the rental period shall be 3pm and 11am, respectively, unless otherwise noted in the booking invitation, the Primary Agreement, or any other aspect of the booking process (e.g., a 10am end time may be noted in the Primary Agreement or the booking invitation).
5. RENTAL RATE: The rental rate shall be as described in this registration, and shall include all applicable state and local taxes.
6. CANCELLATION POLICY: Renter may terminate this Agreement only by written notification to SWF. In the event that Renter terminates this Agreement for any reason, Renter shall owe a lost revenue charge calculated as shown below, plus applicable taxes, which the parties intend as liquidated damages and not as a penalty:
• 15 days or more prior to the rental start date –
50% of the rental rate (i.e., half refund)
• 14 days or less prior to the rental start ate –
100% of the rental rate (i.e., no refund)
7. CLEANING & DAMAGE: Typical end-of-rental cleaning services are included in the rental fee. Renter will be responsible for additional charges for unusual cleaning and/or repairs for any damage to the rental unit(s), premises, and other property beyond normal wear-and-tear. Any charges for damage and/or additional cleaning will be paid by Renter within 14 days of receiving documentation of additional charges from SWF.
8. NO SMOKING: Smoking is permitted in designated outdoor gravel parking areas only. Smoking is strictly prohibited in all other areas, including all indoor areas and all non-designated outdoor areas of the property. Violation of this provision will result in additional cleaning charges as described above.
9. NOISE POLICY: Quiet hours between 10pm and 7am are strictly observed. During daytime hours between 7am and 10pm, noise from activities of the Renter and guests must not cause unreasonable disturbance. Violation of the noise policy may result in immediate termination of the rental period without refund.
10. CONDUCT: Saltwater Farm is a place of kindness and community. Firearms and other weapons are not permitted on the property at any time. Renter and guests shall use the premises in a considerate manner at all times. Verbal abuse or any type of physical violence will not be tolerated and will be cause for immediate expulsion. Conduct deemed disorderly and/or abusive at the sole discretion of SWF may result in immediate termination of the rental period without refund.
11. MOVEMENT OF RV UNITS: Recreational vehicle (RV) units may not be moved from without additional specific written authorization from SWF. If authorized, additional charges will apply for movement of any RV unit.
12. VIOLATION OF AGREEMENT OR REGULATIONS: In the event that there is a violation by the Renter or by their guests of the Agreement or of municipal/county/state/federal regulations, SWF may terminate the rental period without refund.
13. CONFORMANCE: Renter agrees to conduct all activities on the premises in conformance with all applicable provisions of municipal, county, and state codes, statutes, ordinances, and regulations.
14. ASSUMPTION OF RISK: Renter acknowledges that the Premises may include: roadways on which vehicles may travel; “fire bowls” containing wood- or propane-powered fire; hot tubs containing hot water; access to elevated locations, uneven natural and man-made ground surfaces, including wire and/or wooden fencing and/or post remnants in the ground, all of which pose a risk of tripping and/or falling; bodies of water (ponds) not bounded by any fencing; trees, branches, and other natural objects which may fall; the possibility of wild and/or unattended animals being present at Saltwater Farm including deer, raccoon, fox, goats, poultry, ducks, birds, cats, and dogs; and other hazardous man-made and natural conditions attendant to a unique event venue in a natural and rustic setting. The risks of being present at the Premises include falling, drowning, burns, being hit by a vehicle or bike, being struck by a falling tree or branch, human-animal interactions, and other injuries. Renter acknowledges, for Renter and for Renter’s guests, that Renter and Renter’s guests are responsible for their own safety, and that neither SWF, SWF’s agents or members, nor anyone else shall serve as guardian of their safety. In consideration of being allowed onto the Premises, Renter, for Renter, Renter’s invitees, and Renter’s licensees, hereby assumes full liability for all risks which exist or may exist on the Premises, including those risks resulting from any negligent act of the SWF, SWF’s agents, or SWF’s members.
15. DEFENSE, INDEMNIFICATION, & LIABILITY: Renter agrees to defend, indemnify, and hold the SWF, its parent companies, subsidiaries, affiliates, officers, directors, employees, agents and representatives, forever harmless from, and against, any and all personal injury, property damage, loss, liability or claim of liability, expenses, fines and penalties including reasonable legal fees caused by any wrongful or negligent act, error or omission by Renter, Renter’s guests, invitees, agents, delegates or representatives, arising out of or in connection with Renter’s use of the Premises, except those claims arising out of the sole negligence or willful misconduct of the SWF. The terms of this paragraph shall apply regardless of which party is the prevailing party in any action, claim, or demand.
16. FORCE MAJEURE: In the event that the rental as described in this Agreement becomes impossible for any reason outside SWF’s control, including natural disasters, fire, governmental regulations, or other acts of government agencies, SWF may choose to cancel this Agreement and offer a lodging credit toward a future stay. No refund or credit is due in cases of inclement weather or disruption of WA state ferry service, or other transportation services to San Juan Island.
17. GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the law of the State of Washington without giving effect to the principles of conflicts of law thereof. The parties each hereby submit themselves for the sole purpose of this Agreement and any controversy arising hereunder to the exclusive jurisdiction of the Superior Court of San Juan County, State of Washington, with venue solely in said Superior Court of San Juan County.
18. SEVERABILITY: If any provision of this Agreement or the application thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law.
19. ATTORNEY’S FEES: If any legal action or any other proceeding, including arbitration or action for declaratory relief, is brought for the construction or enforcement of this Agreement, the nonprevailing party shall pay the reasonable attorneys' fees, costs, and expenses of the prevailing party, in addition to any other relief to which it may be entitled.
20. ENTIRE AGREEMENT: The parties intend that this Agreement, together with all attachments, exhibits, and other documents that both are referenced in this agreement and refer to this agreement, represent the final expression of the parties' intent and agreement between the parties relating to the subject matter of this agreement, contain all the terms the parties agreed to relating to the subject matter, and replace all the parties' previous discussions, understandings, and agreements relating to the subject matter.