STAY & PLAY AGREEMENT
TERMS AND CONDITIONS
This Stay & Play Agreement is entered into by and between Rams Hill Golf Club, a Colorado limited liability company, and Rams Hill Rentals LLC, a Colorado limited liability company (collectively, “Rams Hill”), and the Guest, in order to reserve golf and stay at a property managed by Rams Hill Rentals, on the terms and conditions stated herein. The below Terms & Conditions, Rental Rules, and, if attached, the Credit Card Authorization Form constitute the Stay & Play Agreement
The Initial Deposit is non-refundable, and due upon signature. If not paid in full, the Remaining Balance, which will cover the full expected cost of your stay less the Deposit paid, is due on day of arrival. All payments may be made by cash, credit card, or corporate or cashier’s check made out to: RAMS HILL GOLF CLUB.
Remaining Balance & Final Charges
If not paid in full, you will be charged the “Remaining Balance” on the day of checkout. In addition, you are obligated to pay for all charges, fees, merchandise, additional services, incidentals, food and beverage, taxes, gratuities, cleaning charges, damages, repairs, and other items that you elect or incur during your stay (the “Final Charges”). Payment for the Final Charges is due upon check-out, or, if Rams Hill elects to prepare a statement of the Final Charges later than your check-out date, then it is due upon receipt. For the convenience of both parties, upon check-in, a credit credit will be held on file by Rams Hill to cover the Remaining Balance and Final Charges and this card will be charged if another payment method is not presented by you. If additional damages or charges are later discovered, the card on file will be billed and an accounting will be mailed to the address on file.
You are responsible for the proper conduct and attire of all Guests in your party including use and care of the golf course, clubhouse facilities, equipment, golf carts, and use and care at the Rental. You are also responsible for any injuries to people, or damage to property, the Rental, equipment, and golf carts caused directly or indirectly by you and the Guests staying in the Rental. You agree to promptly compensate and take responsibility for all injuries to people and damage to property. You further agree to indemnify, defend and hold Rams Hill harmless from all damages and injuries caused by you and the Guests at the Rental during their time at and around Rams Hill Golf Club, except to the extent caused by the gross negligence or willful misconduct of Rams Hill’s employees or agents. Rams Hill reserves the right to remove anyone from its property and/or the Rental who engages in disruptive, violent, profane, intoxicated, offensive, nuisance, abusive, or other inappropriate behavior, which determination will be made in Rams Hill’s sole discretion.
If you cancel your Stay 30 or more days before your Check-In Date with prior written notice, your Initial Deposit will be retained by Rams Hill. If you cancel your Stay with 15 to 29 days prior written notice before your Check-In Date, you will pay a cancellation fee equal to 50% of the Total Package, less any Deposits already received by Rams Hill. If you cancel your Stay with 14 or fewer days prior written notice before your Check-In Date, you will pay a cancellation fee equal to 100% of the Total Package and foreit all prior amounts paid to Rams Hill. Cancellation fees are due and owing immediately upon cancellation.
If Rams Hill cancels your Stay due to a natural disaster, strike, labor shortage, law, order, restriction, public health guidance, governmental rule, act of God, or other reason beyond its control, Rams Hill will refund all Deposits and monies held for your Stay within 30 days of the cancellation.
General Rules and Conditions for Golf
You are responsible for following and communicating the below rules and conditions to all Guests staying at the Rental and joining you for golf:
- Max of two riders and two bags per golf cart. All participants must observe the safety rules printed in the cart and must drive prudently as course conditions allow. If local or State rules or regulations require single riders per cart, this will be communicated on the day of play.
- Each participant must have a set of clubs and may rent clubs from Rams Hill.
- Participants are asked to keep up with group in front of them. If a group is more than 25 minutes behind acceptable pace, the Rams Hill reserves the right to move the group, which may result in skipping holes entirely.
- Participants are required to adhere to the Dress Code. Please ask the Rams Hill for a copy. We are a “soft spike” property.
- Children 15 years of age and under are not allowed on the golf course without parental supervision or prior approval from Rams Hill.
- All food and beverage consumed on-site must be purchased from us, including bottled water, snacks, and alcoholic beverages.
- Only Rams Hill employees may prepare and serve food and beverages, including alcoholic beverages. We do not permit the service of alcoholic beverages to anyone who is under the age of 21, or who we determine is intoxicated.
- Participants must follow all Rams Hill, local, state, and CDC guidelines in effect while you are at Rams Hill, including wearing a proper face covering that covers your mouth and nose, if applicable.
- All other rules posted or communicated by Rams Hill must be followed by all participants.
General Rules and Conditions for the Rental
You will treat the Rental with respect during your Stay. You are responsible for following and communicating the attached rules and conditions, which are hereby incorporated into this Agreement, to all Guests and other invitees of yours at the Rental. Guest accepts the condition and suitability of the Rental because it has reviewed online data, seen photographs of the Renal, or reviewed a written description of the Rental.
All rental properties within the Rams Hill Community are non-smoking, non-pet properties. “Smoking” means the burning or vaporization of a lighted cigarette, cigar, pipe, marijuana, or any other matter or substance that contains tobacco, incense, or other fragrant substance. Guests understand that should any odor of smoke or pets taint the Rental at the expiration of the Stay, in Rams Hill’s sole determination, all fabrics, carpets, and furniture may be professionally cleaned, and any other action to eliminate the smoke or pet odor may be taken, including, but not limited to, replacement of items, at Guest’s expense. In the event that Guest violates these restrictions, Guest agrees that it would cause immediate and irreparable damage to the Rental, for which it would be difficult to calculate ancillary damages and, as a result, Guest agrees to pay Rams Hill $750 in addition to any actual damages suffered by Rams Hill.
Rams Hill will be compensated by Guest for any loss or damage suffered as a result of your Stay at the Rental or other default by Guest. Rams Hill may use any deposit, credit card on file, or other means of collection to obtain payment for any outstanding amounts due under the terms of this Agreement which have been charged to Guest, including, but not limited to, rent, utilities, long distance calls, excess housekeeping charges, damages, repairs, replacements, and pay-per-view charges.
Release and Assumption of Risk
While Rams Hill has taken what it, in its sole discretion, deems to be commercially reasonable steps to attempt to prevent its employees, members, and guests from contracting covid19 or any illness at the golf course, related facilities, and the Rental, you and your participants are selecting to enter the club and the Rental and participate in club activity, such as golf and overnight accommodation, at your own risk and notwithstanding any actions or inactions taken by Rams Hill. Further, you and all Guests at the Rental understand and acknowledge that Rams Hill, by taking any steps that it deems reasonable, is not assuming any duties to you, your participants, or anyone related to you. You assume all risks associated in activities, events, and stays at and around the golf course, clubhouse, Rental, and related facilities, and hereby release, discharge, and agree to indemnify Rams Hill for any and all activities, injuries, damages, and causes of action that may occur during or as a result of your Stay, in the Rental, or on property owned or managed by Rams Hill.
This Agreement is governed by the laws of the State of California, without regard to its conflicts of laws rules. Any dispute resolution regarding or related to this Agreement or your Stay will conducted in San Diego County, California. If Guest has a balance due or Final Charges unpaid, Guest agrees to reimburse Rams Hill for all charges of collection, including reasonable attorney’s fees and expenses.
The terms “you”, “your” and “yours” refer to: (1) your corporation, limited liability company or non-profit organization if this Agreement is executed by a representative of such organizations, and the individuals playing and staying as representatives or guests of such entities, and (2) the individual executing this Agreement on behalf of a group of individuals, plus the other Guests that are also staying in the Rental and/or playing at Rams Hill Golf Club.
In this agreement the terms “we”, “us”, “our”, and “Rams Hill” refer to Rams Hill. If you are signing this Agreement on behalf of yourself, a corporation, a limited liability company, group, or a non-profit organization, you represent and warrant that you have the authority to execute and deliver this Agreement, and that this Agreement constitutes a legally valid and binding obligation.
You are responsible for following and communicating the below rules and conditions to all Guests and your invitees at the Rental:
- Treat the Rental, its surrounds, and its contents, including fixtures, furniture, furnishings, linens, and landscape, with respect. Any and all damage other than ordinary wear and tear that would be expected during a normal hotel stay will be charged to the Guest.
- Internet, TV, and other technology instructions are provided for your convenience in the Rental. Follow these instructions, and contact Rams Hill should you have any questions.
- If you experience a maintenance issue during your Stay, notify Rams Hill immediately using the contact information provided at check-in.
- Housekeeping services are provided upon check-out and before check-in. If you’re staying in a rental home, there are no nightly housekeeping services provided at the Rental during your Stay. If you’re staying in a hotel room, you will receive the hotel’s standard housekeeping services.
- Quiet hours in the residential areas of the Rams Hill Community are from 9:00pm until 6:00am. Guests are welcome to gather at the Clubhouse during its business hours.
- The Rental may be used and occupied only as a short-term vacation rental and for no other purpose.
- Guests will comply with all covenants, conditions, restrictions, laws, ordinances, orders and regulations affecting the Rental.
- Guests will not perform any act or carry on any practice that could injure the Rental or, if applicable, common areas, or constitute a nuisance to neighbors or others.
- Pets and smoking are not allowed in the Rental or within a 20-foot radius of the Rental, including in any area where smoke may enter the Rental.
- Property specific rules may be provided at check-in or posted in the Rental.
- Thank you for choosing Rams Hill. We look forward to hosting you!
Terms of Service
Revised: October 17, 2018
These Terms of Service (“Terms”) govern your use of the Rams Hill Golf Club website (“Site”) and any mobile application, and other services offered by Rams Hill Golf Club, as well as services offered through third parties integrating Rams Hill Golf Club functionality (“Services”). Considine Borrego LLC d/b/a Rams Hill Golf Club (“Rams Hill Golf Club”, “we” or “us”) provides the Site and Services. “You” refers to you as a user of the Site or Services.
BY USING THE SITE OR SERVICES, YOU ARE AGREEING TO THESE TERMS. PLEASE READ THEM CAREFULLY.
You must be at least 16 years old to use the Site or the Services. If you are under the age of majority in your state of residence, a minor, your parent or legal guardian must agree to these Terms on your behalf and you may only access and use the Site and Services with permission from your parent or legal guardian.
- Terms of Sale
Inaccuracy Disclaimer: From time to time, there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to service descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted your order). If you do not wish to continue with your order after pricing or other information has been corrected, please contact us right away, and we will work with you to cancel or return your order.
Special Offers: Occasionally, we will offer special promotions to our customers that we refer to as “special offers.” This can include a gift with purchase, free shipping, manufacturer offers, or other promotional activity associated with a purchase. These offers may be for a limited time only.
- Additional Terms
Some of our Services have additional terms and conditions (“Additional Terms”). Where Additional Terms apply to a Service, we will make them available for you to read through your use of that Service. By using that Service, you agree to the Additional Terms.
- Acceptable Use of the Site and Services
You are responsible for your use of the Site and Services, and for any use of the Site or Services made using your account. Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. When you use the Site or Services, you may not:
- violate any law or regulation;
- violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;
- post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
- send unsolicited or unauthorized advertising or commercial communications, such as spam;
- engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Site or Services;
- transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
- stalk, harass, or harm another individual;
- impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;
- use any means to scrape or crawl any Web pages contained in the Site;
- attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Site or Services;
- attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Site or Services; or
- advocate, encourage, or assist any third party in doing any of the foregoing.
- Changes to the Site or Services
We enhance and update the Site and Services often. We may change or discontinue the Site or Services at any time, with or without notice to you.
We reserve the right to not provide the Site or Services to any person. We also reserve the right to terminate any user’s right to access the Site or Services at any time, in our discretion. If you violate any of these Terms, your permission to use the Site and Services automatically terminates.
- Disclaimer and Limitations on Our Liability
YOU USE THE SITE AND SERVICES AT YOUR OWN RISK. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, OUR COMPANY AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (“AFFILIATES”) DISCLAIMS ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
IN PARTICULAR, OUR COMPANY AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITE OR SERVICES, OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE SITE OR SERVICES. OUR COMPANY AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE OR SERVICES; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE OR SERVICES; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SITE OR SERVICES BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE SITE OR SERVICES.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR LOSS OF PROFITS, REVENUE, OR DATA) OR FOR THE COST OF OBTAINING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, HOWEVER CAUSED, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT WE’VE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY UNDER THESE TERMS, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE FEES YOU HAVE ACTUALLY PAID US DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM GIVING RISE TO SUCH LIABILITY.
You understand and agree that we have set our prices and entered into these Terms with you in reliance upon the limitations of liability set forth in these Terms, which allocate risk between us and form the basis of a bargain between the parties.
You agree to indemnify and hold harmless our company and its Affiliates from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney’s fees and legal costs) of any kind or nature, arising from or relating to, any actual or alleged breach of these Terms by you or anyone using your account. If we assume the defense of such a matter, you will reasonably cooperate with us in such defense.
- Arbitration Agreement & Waiver of Certain Rights
You and Rams Hill Golf Club agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. You and Rams Hill Golf Club hereby waive any right to a jury trial of any Claim (defined below). All controversies, claims, counterclaims, or other disputes arising between you and Rams Hill Golf Club relating to these Terms or the Offerings (each a “Claim”) shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”). The arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.
If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Rams Hill Golf Course will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
This arbitration agreement does not preclude you or Rams Hill Golf Club from seeking action by federal, state, or local government agencies. You and Rams Hill Golf Club also have the right to bring qualifying claims in small claims court. In addition, you and Rams Hill Golf Club retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.
Neither you nor Rams Hill Golf Club may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or Rams Hill Golf Club’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section of the Terms will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of this Terms. This Section 12 of the Terms will survive the termination of your relationship with Rams Hill Golf Club.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR RAMS HILL GOLF CLUB WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
- Other Provisions
Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.
These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of laws rules or provisions.
You agree that any action of whatever nature arising from or relating to these Terms, the Site, or Services will be filed only in the state or federal courts located in San Diego, California. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.
If any provision of these Terms is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and will not affect the enforceability of any other provisions.
The failure by us to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future.
We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.
- Changes to these Terms
From time to time, we may change these Terms. If we change these Terms, we will give you notice by posting the revised Terms on the Site. Those changes will go into effect on the Revision Date shown in the revised Terms. By continuing to use the Site or Services, you are agreeing to the revised Terms.
Please print a copy of these Terms for you records and PLEASE check the Site frequently for any changes to these Terms.