RENTAL AGREEMENT
Upon booking I am agreeing to the following Liability Waver with its Terms and Conditions at Camp Picacho, LLC:
Liability Waiver – Terms and Conditions
Cancelation Policy: A 30 day cancelation notice required. In the event you are unable to stay with us, cancelations/modifications must be made 30 days before your reservation is scheduled to guarantee a refund. If your reservation is canceled or modified within 30 days of your reservation, you will forfeit the cost of your booking. We do not provide refunds if you decide to cancel after check-in. Reservations are NOT transferrable.
To guarantee your reservation, the cost of your total stay will be charged to your payment card at the time you make your reservation. You will receive an email confirmation once your reservation is complete. If you need to cancel your reservation, please email hello@camppicacho.com to initiate a refund. Please note: the cancellation request MUST be sent from the person/email on your reservation. Requests from other persons/emails will not be honored. Text and social media notifications of cancellations are not acceptable.
Reservations made within the 30 day deadlines will be non-refundable. Holidays and special events may have special deposit and/or cancellation requirements. Refunds not provided for inclement weather. Stays booked on third-party platforms such as Airbnb, VRBO, Booking.com, and HipCamp will be held to the cancellation policy associated with that booking. Please refer to your specific reservation for cancellation information. By submitting a reservation request with Camp Picacho, you and all your guests agree to the Terms and Conditions outlined in this document.
Check In/Out Policy: Check-in time is 4PM. Check-Out time is 11AM.
Non-Smoking Policy: Smoking is not allowed inside the cabin. If you smoke inside, a minimum cleaning fee of $450.00 will be charged to your account. The non-smoking policy refers to cigarettes, cigars, cannabis, e-cigarettes, and burning of candles (other than candles we provide) or incense.
Good Neighbor Policy: While our property is secluded, we do have neighbors so we have quiet hours from 10 PM to 8 AM. Amplified sound or music is not permitted during quiet hours. If you have a concern during business hours, please text your concern to us at 928-351-1320.
Booking Policy: All rates subject to change without notice. All rates subject to state and local taxes. Cold or inclement weather will not permit cancellations and refunds. Camp Picacho only handles bookings from persons over 18 years of age. Guests must be respectful of other guests on the site. Loud noise and nuisance will not be tolerated at any time and quiet hours are from 10pm to 8am. Guests who are causing nuisance may be required to immediately leave Camp Picacho and will not be entitled to any refund. You will be responsible for any damages to your accommodations or furnishings during your stay.
Additionally, by booking your stay with Camp Picacho you are agreeing that Camp Picacho is not responsible for damage to your automobiles or belongings while at Camp Picacho and accepts no liability for any belongings left in the accommodations, your vehicles or on the property at any time.
By booking my reservation with Camp Picacho I have agreed and I acknowledge that if anyone is hurt or property is damaged during my participation in activity, I may be found by a court of law to have waived my right to maintain a lawsuit against Camp Picacho on the basis of any claim from which I have released him or her herein. I have had sufficient opportunity to read this entire document. I have read and understand it and I agree to be bound by its terms.
Reminder: Camp Picacho is focused on water conservation. All property water is hauled in. Please be water conscious during your stay with us, and do not place anything other than toilet tissue in the system. Please remember you are staying in an environment with live animals and other hazards nearby. Do not leave any food, regardless of packaging, outside of your accommodations or in your vehicle.
Pet Policy: Camp Picacho does not allow pets or any animals on the property; unfortunately, this also includes service animals. Bringing a pet will forfeit your deposit and you will be asked to leave.
Indemnification: You shall indemnify and hold harmless Camp Picacho, its officers, managers, owners and employees from all claims, liability, and expenses, including but not limited to attorney and other professional fees, for injury to persons, loss of control over your person, loss of life, or damage to property arising out of your stay at Camp Picacho.
I, the user of an off-highway vehicles (OHVs) on the property (or any other amenity including playground structures, outdoor sports equipment, etc.) and/or the parent or guardian of a minor or dependent who will use OHVs or other amenities and equipment on the property (henceforth referred to as “the Lessee” “the Participant” and/or “I” or “me”) hereby enter into this binding Liability Release, Hold Harmless and Indemnity Agreement (henceforth referred to as “the Agreement”) upon booking my rental and stay at Camp Picacho.
1. I am an adult at least 21 years of age, or I am the parent/legal guardian of a minor or dependent Participant. I assume risk and responsibility for all conditions stipulated in this contract.
2. I am a competent rider and user, fully capable of operating and using the equipment in the manner intended, and that I understand the equipment’s use and function. I have no medical or physical condition which could interfere with my safety in this activity, and I confirm that I am not under the influence of any substance or medication which may impair my ability to engage in these activities.
3. I understand that riding an OHV and performing outdoor activities should be undertaken after informing myself of the proper training and safety and that Camp Picacho, LLC (“the Lessor”) is not providing such training in connection with the use of equipment. I assume full responsibility for deciding where, when, and with whom to ride and use the equipment with. I also acknowledge and agree that the amenities and equipment provided by Camp Picacho, LLC is for the sole and exclusive use of the guests on the reservation and may not be used by any other person.
4. I understand that amenities and equipment are intended only for use on Camp Picacho property.
5. In consideration of being permitted to use the amenities and equipment, I agree to assume full responsibility for and risks, injuries or damages, known or unknown, which I might incur as a result of participating in these activities. I am aware that engaging in use of OHVs, property amenities, and its equipment involves risks, dangers, and hazards, including but not limited to: physical exertion, inclement weather, accidents or illness in remote areas, tripping or slipping on rocks, travel to/from site, equipment failure and malfunction, loss and/or damage to personal property, paralysis, or death.
6. Acknowledgement of Risks and Release: I understand that the activity for which I am using equipment from Camp Picacho, LLC has inherent risks, hazards and dangers for anyone, which cannot be eliminated, particularly in a wilderness environment. I am voluntarily using the services with full knowledge of this and hereby fully assume and accept any and all risks or injury, paralysis, or death.
7. I agree that all equipment has been inspected by me for any defects or deficiencies. Acceptance or use of equipment by Lessee will be deemed to be an acknowledgement that the equipment is in good operating condition. Lessee has notified Lessor as to any defects or deficiencies with respect to the condition of the equipment or its accessories, and hereby acknowledges that amenities, equipment, and its accessories, were received (and shall therefore be returned) in satisfactory working condition.
8. I acknowledge that I am financially responsible for any and all damages incurred during my rental. This includes any damages to private property, Camp Picacho, LLC, playground equipment, ping pong table, foosball, dart board, and any other equipment provided for entertainment. I understand that my credit card will be charged for the total cost of repairs or I will be sent an invoice to be paid within 2 business days. I also acknowledge that Camp Picacho, LLC is not responsible for any property left stored, lost or transported by Lessee or any other person in, on, or upon the equipment, or in or around Lessor’s property before, during, or after rental.
9. I will be responsible for the replacement, at full current value, and loss-of-use of any equipment used under this form which is lost, stolen, damaged, or otherwise not returned to Camp Picacho, LLC. I agree to return all equipment by the agreed time and date or I shall incur a late fee.
10. Other than the obligations of Lessor expressly set forth herein, Lessor disclaims all warranties expressed or implied, including but not limited to any implied warranties of merchantability or fitness for a particular purpose. In the event of a breach of this contract, Lessor shall not be liable for incidental or consequential damages arising out of such a breach. In the event that any other term of this agreement is found unenforceable for any reason, or any exclusive remedy fails of its essential purpose, this provision of waiver by agreement of consequential and incidental damages shall continue in full force and effect. Should it be necessary for either part in this Agreement to bring legal action to enforce the terms of the Agreement, the prevailing party shall be entitled to reasonable attorney’s fees and all costs of suit, mediation, or arbitration.
11. Camp Picacho, LLC reserves the right to terminate at any time the use of amenities and equipment if it is found that the Lessee is operating said equipment in a reckless manner, or in any way endangering the wellbeing of themselves or others.
12. Lessee has read and agreed to the terms of the Agreement, the terms of which are incorporated by reference herein, and states: “I, for myself or my child, my heirs, successors, executors and subrogates, hereby knowingly and intentionally waive and release, indemnify and hold harmless Lessor Camp Picacho, LLC, their agents, affiliates, employees and volunteers from and against any and all claims, actions, causes of action, liabilities, suits, expenses (including reasonable attorney fees) which are related to, arise out of, or are in any way connected with my, or my child’s, participation in this activity including, without limitations, negligence of any kind or nature, whether foreseen or unforeseen, arising directly or indirectly out of any damage, loss, injury, paralysis or death to me or my child as a result of engaging in the activities or use of my own OHV and/or amenities and equipment on property, whether or not such damage, loss, injury, paralysis or death results from negligence of Lessor or from some other cause, and I further agree not to sue Lessor as a result of any injury, paralysis, or death in connection with my use and participation in the activities of riding/using OHVs and/or the use of amenities and equipment on property.
13. I agree that the venue of any litigation regarding this Agreement shall be in Yavapai County, and that Arizona law shall govern the interpretation of this Agreement. I further agree to waive any right that I may have to have the matter tried by a jury and specifically agree that any trial will be held solely before a judge. If it is determined that this agreement is not valid for any reason, I agree that Camp Picacho, LLC liability and/or damages are limited to the total sum of $5,000. I further agree that if Camp Picacho, LLC is found liable for any sort of gross negligence or the like, that Camp Picacho, LLC liability and/or damages are limited to the total sum of $5,000.
14. If the Participant is a minor: I certify that, as a Parent or Legal Guardian with legal responsibility for the Participant, I have read and consent to his/her release and agree to indemnify, release, and hold harmless Camp Picacho, LLC, their agents, affiliates, employees and volunteers from and against any and all claims or liabilities which are brought by or on behalf of the minor, their heirs, siblings or parents, or are in any way incident to the child’s use or participation, to the fullest extent of the law.
In consideration of the services of Camp Picacho, LLC and their agents, owners, officers, volunteers, participants, employees, lessors and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “Camp Picacho”), I hereby agree to release and discharge Camp Picacho on behalf of myself, my children, my parents, my heirs, assigns, personal representative and estate as follows:
1. I acknowledge that staying at Camp Picacho entails known and unanticipated risks which could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
2. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary and I elect to participate in spite of the risks.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Camp Picacho from any and all claims, demands, or causes of action, which are in any way connected with my participation this activity or my use of Camp Picacho facilities, including any such claims which allege negligent acts or omissions of Camp Picacho.
4. I further agree to relinquish and release all Camp Picacho lessors, their officers, employees, and guests from all claims which the undersigned may have or hereafter accrue arising out of any occurrence upon or related to the premises of lessor upon which activity occurs.
5. Should Camp Picacho or anyone acting on their behalf be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
6. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I have no medical or physical conditions, which would interfere with my safety in this activity, or else I am willing to assume and bear the costs of all risks that may be created, directly or indirectly, by any such condition.
I AGREE UPON BOOKING TO ALL OF THE POLICIES ABOVE
A PDF version of this agreement can be found here.