Terms & Conditions for Accommodation

These Terms & Conditions for Accommodation (the “Contract”) are made and entered into by and between CS IRWIN LLC, a Delaware limited liability company (“Eleven”), and you, on behalf of yourself and your guests (collectively the “Guest”).

IT IS IMPORTANT THAT THE GUEST READS AND UNDERSTANDS THIS CONTRACT.  THIS CONTRACT CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN THE GUEST AND ELEVEN.

THIS CONTRACT WILL BE ACCEPTED BY THE GUEST, AND THE GUEST WILL BE LEGALLY BOUND HEREBY, UPON THE FIRST OCCURRENCE OF ANY OF THE FOLLOWING EVENTS:

• THE GUEST’S ACCEPTANCE OF THIS CONTRACT IN WRITING, VERBALLY, ELECTRONICALLY, OR IN ANY OTHER MANNER, OR
• UPON THE GUEST RECEIVING THIS CONTRACT, INCLUDING BY INVOICE, RECEIPT, OR E-MAIL, OR THROUGH A WEBSITE LINK TO THIS CONTRACT, UNLESS THE GUEST PROVIDES ELEVEN WITH WRITTEN NOTICE OF ITS REFUSAL TO ACCEPT THIS CONTRACT WITHIN SEVEN (7) DAYS AFTER ITS RECEIPT.

 

BOOKINGS AND CONFIRMATION

Subject to the terms and conditions of this Contract, the Guest may book a reservation for a stay at one or more properties (the “Property”) owned or operated by the Property Operator (as defined below) and for recreational activities, events and other services provided by the Property Operator, Other Eleven Entities or one or more third parties (“Activities”) (collectively, a “Booking”). Eleven is not the owner or operator of the Property or the provider of the Activities.   Eleven is collecting payment, accepting, creating, facilitating and managing the Booking for the Guest subject to the terms and conditions of this Contract.  The Guest will provide complete and accurate information in connection with the Booking including but not limited to the names, addresses and other information about the Guest and any other Participants (as defined below), and a valid e-mail address for Eleven to use to deliver a Booking confirmation and to communicate with the Guest in connection with the Booking and this Contract.  The Guest will maintain the e-mail address it provides to Eleven and will immediately notify Eleven of a substitute e-mail address in the event the one on record with Eleven is changed or no longer in use by the Guest.

 

No Bookings are binding on Eleven until: (1) the Guest has made full payment of the Deposit, (2) Eleven provides the Guest a Booking confirmation, and (3) the Guest has accepted this Contract in the manner described above.

 

DEPOSITS, CANCELLATION POLICIES AND CHANGES

Eleven’s Booking, Deposits, refund, and Deposit and Cancellation Policies are strictly enforced.

 

Deposits

The Guest is required to pay a deposit (“Deposit”) at the time the Guest places the Booking and the balance is due prior to the start of the stay set forth in the Booking.  The Deposit, payment amounts, and payment deadlines are set forth in Eleven’s Deposit and Cancellation Policies (the “Deposit and Cancellation Policies”).  The Deposit and Cancellation Policies may be viewed at Deposit and Cancellation Policies and are incorporated herein by this reference.  Please review Eleven’s Deposit and Cancellation Policies to determine the Deposit and payment amounts, requirements and deadlines.  Unless otherwise expressly set forth in this Contract, all Deposits and other payments made by the Guest are non-refundable.  Should the Guest not timely pay the balance in full when due, Eleven reserves the right to cancel the Booking in full and the Guest’s Deposit is non-refundable

 

Payment

Unless otherwise expressly indicated by Eleven, all amounts for the Booking are stated and charged in United States Dollars.  If the Guest makes payment by wire transfer then the Guest will be required to pay any and all wire transfer fees and must submit to Eleven proof of the wire transfer within seventy-two hours.

 

The Guest may elect to pay for the Booking through one or more payment types, and specify the application of such payment(s) with respect to certain accommodations or Activities; provided, however, the terms and conditions contained in this Contract with respect to Bookings, Deposits, changes, Cancellations and refunds will apply with respect to each separate payment as if all payments were one and the same.  If the Guest pays the Deposit by providing Eleven or Eleven’s representative with a credit or other payment card, the Guest consents to Eleven storing the card information and credentials for charging future amounts owed by the Guest including but not limited to the balance of the Booking and future transactions.  The Guest may withdraw its consent at anytime by providing Eleven with notice.

 

Cancellation Policies

All Cancellations by the Guest are subject to Eleven’s Deposit and Cancellation Policies, which may differ for each Property and for each Booking.  Eleven’s Deposit and Cancellation Policies are strictly enforced.  Except for the Guest’s Cancellation of a Booking timely made in accordance with the Deposit and Cancellation Policies, the Guest may not Cancel a Booking for any reason.  The Guest understands, acknowledges, and agrees that except for a limited number of specifically identified properties, the Deposit and Cancellation Policies do not provide for any refunds to the Guest and may provide for the Guest to receive certain credits that may be applied towards another stay within a limited period of time.  If the Guest is provided credits, no refunds are given if the credits are not timely used before their expiration date, and their expiration date will not be extended or carried forward to future seasons.

 

“Cancellation” or “Cancel” is defined as full or partial cancellation, a reduction in number of nights, a reduction in number of accommodations or Activities reserved.  All Guest notices of Cancellation and requests for changes in Bookings and/or Activities of any kind must be delivered in writing or by e-mail to: [email protected].

 

Changes to Bookings and Activities

Unless otherwise agreed in writing by Eleven, any change or modification to a Booking or Activities requested by a Guest shall be treated as a Cancellation of the Booking and the placement of a new Booking in accordance with the requested changes and modifications.  Accordingly, a Guest may not change or modify a Booking or Activities unless such change or modification is submitted to Eleven prior to the Guest’s deadline to Cancel the Booking in accordance with the Deposit and Cancellation Policies, and in such instance any refunds or credits provided under the Deposit and Cancellation Policies will be applied to the requested changes and modifications.

 

NON-REFUNDABLE AMOUNTS

 The Bookings, Activities and Property are unique and Cancellations significantly affect operations.  The Guest acknowledges and agrees that except for any refund or credit that is expressly permitted by the terms of the Deposit and Cancellation Policies applicable to the Property and the Booking, and except for an Eleven Corrective Change (as defined below), the Guest has no right to, and will not receive, any refunds, reimbursements or credits for any Deposits, payments or any other amounts paid in connection with any Bookings under any circumstances, whether the Cancellation is made by the Guest for any reason of any kind or nature whatsoever, and even in the event of a Force Majeure (as defined below), and Eleven shall have no liability to the Guest in connection with any of the foregoing. THE GUEST ASSUMES ALL RISKS.

 

Cancel for Any Reason Insurance

Due to Eleven’s strict Deposit and Cancellation Policies and the Guest’s risks of loss of its Deposit and all other amounts paid, Eleven strongly recommends that the Guest purchase “Cancel for Any Reason” (“CFAR”) travel insurance to provide the Guest with coverage for Cancellations for any reason, injuries, lost luggage, Force Majeure, frustration of its purpose, impracticability or impossibility of performance, economic hardship or loss, and any other events that may affect the Booking.  Eleven’s representatives can provide the Guest with the name of a third-party travel insurance provider who offers CFAR travel insurance coverage for the Guest’s Booking, or the Guest may purchase CFAR travel insurance from another insurance provider of its choosing.

 

The decision whether to purchase CFAR travel insurance is in the sole and absolute discretion of the Guest, and the Guest acknowledges, accepts and agrees that: (1) the Guest’s purchase of CFAR travel insurance is the Guest’s SOLE AND EXCLUSIVE REMEDY to recover its non-refundable Deposit and other payments to Eleven in the event of a Cancellation not subject to a refund under the Deposit and Cancellation Policies or in the event of a Force Majeure, (2) if the Guest chooses not to purchase CFAR travel insurance, then it accepts the full, complete and entire risk of loss of its non-refundable Deposit and other payments to Eleven in the event of a Cancellation not subject to a refund under the Deposit and Cancellation Policies or in the event of a Force Majeure, and (3) the Guest fully accepts all of the foregoing risks of loss even if caused by a Force Majeure, or if the Guest is unable to perform for any reason, or if the Guest’s stay or use of the Property or any Activities or other portions of the Booking or the Guest’s purposes or primary purpose for the Booking are frustrated or rendered impossible, impracticable, difficult, costly or results in any economic hardship or losses.  In connection with a Booking, Eleven may require the Guest to sign a declaration acknowledging whether the Guest has purchased CFAR travel insurance or declined to purchase that insurance as described above in this paragraph.  If the Guest does not timely provide Eleven with the signed declaration, Eleven shall have the right to Cancel the Booking, which Cancellation shall be subject to the Deposit and Cancellation Policies.

 

The Guest acknowledges that in some instances Eleven may require the Guest to purchase CFAR travel insurance as a condition of Eleven’s confirmation of a Booking, and in such instances Eleven will notify the Guest at the time of Booking of such requirements and Eleven will have the right to refuse a Booking or revoke a Booking in the event of such non-compliance.

 

Cancellation or Change by Eleven

Eleven may cancel or request a change to a Booking or Activities because of an error made by Eleven in the Booking or Activities dates, a double booking, a conflict with another event, Booking or Activity at the Property, or any similar error (an “Eleven Corrective Change”).  In the event of an Eleven Corrective Change Eleven will notify and provide the Guest with, in Eleven’s sole discretion: (1) a refund of the amount paid for the Booking or Activities, (2) a credit for the amount paid for the Booking or Activities, which must be used within twelve months of the date of arrival stated in the Booking, and which may be applied to a new Booking at the same or another Property pending availability and subject to possible price increases, or (3) a combination of (1) and (2) above.  For the avoidance of doubt, a change or cancellation due to Force Majeure is not an Eleven Corrective Change.

 

THE PROPERTY, ACTIVITIES, OTHER PROVIDERS, AND LIABILITY

The Property is owned or operated by one or more of the Other Eleven Entities (the “Property Operator”).  The Guest may participate in Activities that may be located either on or off of the Property and that utilize real estate, property or equipment owned or operated by the Property Operator, by one of Eleven’s Affiliates (the “Other Eleven Entities”) or by one or more third parties.  Activities will be billed separately, as Additional Fees (as defined below), in advance and/or at the conclusion of the Guest’s stay and stated in a final invoice (“Final Invoice”).  The Guest understands, acknowledges and agrees that: (1) the Property Operator, the Other Eleven Entities and third parties providing Activities are not parties to this Contract and are separate and independent entities and businesses, (2) the Guest must enter into separate agreements for any Activities directly with the Property Operator, the Other Eleven Entities, or the third parties providing the Activities, (3) the billing and payment of Additional Fees for such Activities may be coordinated through Eleven or the Property Operator, (4) under no circumstances will Eleven be liable to the Guest or to any third party for any personal injury, death or damage to property arising out of or relating to any Activities, (5) under no circumstances will Eleven be liable to the Guest or to any third party for any acts, omissions, negligence or willful misconduct of the Property Operator, any Other Eleven Entities, or any third parties or for any personal injury, death or damage to property arising out of or relating to the Guest’s or any Participant’s stay or use of the Property, and (6) under no circumstances will Eleven be liable to the Guest, any Participant or any third party for any personal injury, death or damage to property arising out of or relating to the Guest’s or any Participant’s stay or use of the Property.  Likewise, the Property Operator and the Other Eleven Entities shall not be liable to the Guest or any third party for the acts, omissions, negligence or willful misconduct of Eleven or of any third parties.  Activities may have age and health restrictions and require the execution of a release, waiver of liability, Other Agreements (as defined below), or other documents as a condition of participation.

 

The Guest acknowledges and agrees that neither Eleven nor the Property Operator provides twenty-four (24) hour onsite management or supervision of the Property or their facilities or of any Activities.

 

ADDITIONAL FEES

The Guest acknowledges and agrees that it is liable for and will pay an amount equal to all and any fees (collectively, the “Additional Fees”) attributable to: (1) Activities and services engaged in or utilized by the Guest or its Activity Guests (as defined below), (2) all and any incidentals incurred during the Guest’s stay, and (3) damage caused, directly or indirectly, by the Guest or any Participants (as defined below).  Any unpaid portion of the Additional Fees may be listed on the Final Invoice provided to the Guest.  Additional Fees may be charged and collected directly by the Property Operator in the local currency where the Property is located.

 

GRATUITY

A gratuity range will be suggested on the Guest’s Final Invoice and is based on the Guest’s base price for the Booking.  However, said gratuity covers any and all services the Guest experiences while staying at the Property.  Gratuities to the staff on-site at the Property are entirely discretionary and are not expected.  The gratuity amount can be changed by the Guest at the time of the Final Invoice payment.

 

FINAL INVOICE PAYMENT

Eleven or the Property Operator will provide the Guest a copy (via e-mail or otherwise) of the Final Invoice.  The Guest will provide a form of payment prior to check-in for purposes of paying the Deposit and/or the Final Invoice, which the Guest authorizes Eleven or the Property Operator to charge.  If the Guest does not provide an alternative form of payment prior to checkout for purposes of paying the Final Invoice, the Guest hereby authorizes Eleven or the Property Operator to charge (collectively, the “Guest Charge Cards”): (1) the credit card provided to Eleven by the Guest for payment of the Guest’s Deposit, (2) the credit card provided to the Property Operator by the Guest at or prior to check-in, if different from the credit card provided to Eleven by the Guest for payment of the Guest’s Deposit, and/or (3) any credit card of the Guest otherwise on file with Eleven or provided by the Guest to Eleven or the Property Operator during or prior to its stay at the Property, in the amount of the outstanding balance of the Final Invoice which may be charged in Eleven’s or the Property Operator’s absolute and sole discretion.  Notwithstanding anything contained herein to the contrary, gratuity will not be included in any payment charged unless otherwise authorized by the Guest or Participants making payment of the Additional Fees.

 

THE GUEST’S PARTICIPANTS

The Guest acknowledges and agrees that: (1) the Guest will notify all individuals who will be staying at the Property (“Staying Guests”) and all individuals who are enrolled to participate in Activities and special events (“Activity Guests”) of the terms and conditions of this Contract and that their acceptance of this Contract is a condition of their access and use of the Property and/or Activities and special events, (2) the Guest has identified and registered all Staying Guests on the Booking for the Property and identified and registered all Activity Guests on the Booking for all Activities and special events, and (3) only Staying Guests may stay at the Property and use the Property’s available facilities, and only Activity Guests may participate in the Activities and special events.  The Staying Guests and the Activity Guests are collectively, referred to as the “Participants”.

 

The Property may only be used by the Guest and its Staying Guests and Eleven has not granted, and does not grant any rights or permissions to any persons other than the Guest and its Staying Guests to access, enter or use the Property or its facilities.  The Guest shall not invite or allow any other person access or use of the Property or its facilities other than the Guest’s properly registered Staying Guests.   The Guest shall not invite or allow any other person access or use of the Activities or special events other than the Guest’s properly registered Activity Guests.

 

THE GUEST’S INDEMNIFICATION OF ELEVEN AND OTHERS

The term “Indemnified Parties” means Eleven, the Property Operator, each of the Other Eleven Entities and their respective Affiliates, and each of their respective employees, agents, members, owners, trustees, affiliates, and insurers.  The term “Affiliate” means with respect to any person or entity, any other person or entity that, directly or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with, the specified person or entity.  As used in this definition of Affiliate, “control” means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a person or entity, whether through ownership of voting securities, by contract or otherwise.

 

The Guest will indemnify, defend and hold harmless the Indemnified Parties and their respective Affiliates and their respective employees, agents, officers, directors, contractors, successors and assigns from and against any and all liability, cost, expense or damage of any kind or nature whatsoever and from any actual or threatened suits, claims or demands, including legal fees and expenses, made by a third party or by any Participants whether or not in litigation, arising out of, or related to: (1) the Guest’s or any of the Participants’ stay at or use of the Property and its facilities, (2) any breach of this Contract by the Guest, (3) any act or omission of any Participants, or (4) the Guest or any Participant’s negligent or willful misconduct.  However, the foregoing obligations shall not apply to the extent of an Indemnified Parties’ negligence or willful misconduct.  The obligations set forth in this paragraph shall survive the period of the Guest’s stay at or use of the Property.

 

DAMAGE TO THE PROPERTY

The Guest assumes and is fully responsible and liable for any losses and damage to the Property or its facilities during their stay or use caused, in whole or in part, by the Guest and/or any Participants.  Eleven and the Property Operator each shall have the right, and the Guest hereby expressly authorizes them to charge one or more of the Guest’s payment cards all fees, costs and expenses for the repair, replacement and/or correction of such losses and damages.  Eleven or the Property Operator may list losses and damages, to the extent known or calculated, on the Final Invoice.

 

OTHER AGREEMENTS

The Guest acknowledges and agrees that it may be required to enter into one or more additional agreements in connection with the Booking, the Activities, special events and the Property including but not limited to waivers, releases and assumption of risks (the “Other Agreements”).  The Other Agreements will be entered into between the Property Operator or the provider of Activities and the Guest and/or any Participants.  Eleven is not a party to any of the Other Agreement unless otherwise expressly stated therein.

 

DOG POLICY

The Property welcomes well-behaved dogs and is happy to accommodate them in dog friendly rooms and suites, subject to availability.  Dogs on the Property are restricted to the Guest’s private accommodations and are allowed in the common areas on a case-by-case basis with permission from the Property Operator’s authorized staff members.  When outside the Guest’s accommodations, dogs must be accompanied and on a leash at all times.  Neither Eleven nor the Property Operator are responsible for a dog that may become at large for any reason.  If the Guest would like to board their dog for the day or have them walked, the Property Operator’s staff can direct them to a local facility and service that can do so.  The Guest staying at the Property who owns or is responsible for the dog is liable for any and all of the dog’s actions.  The Guest is required to follow local and state laws in connection with dog vaccinations, leash laws and clean up.  The Guest will respect other guests’ experiences of the Property by retaining a peaceful atmosphere as it relates to the dog.  The Property Operator reserves the right to ask the Guest to vacate their dog from the Property for any reason or no reason at all.  Eleven and the Property Operator require advanced notice if the Guest plans to bring a dog.  A $50.00 per dog, per day cleaning fee and a $500 refundable damage deposit (which is in addition to the Deposit) prior to the Guest and dog arrival are required.

 

SMOKING

The Property has a strict non-smoking of any kind policy blanketed over the entire operation, which includes but is not limited to all properties and all vehicles.

 

MINORS

The Property hosts many multigenerational trips and there is no age minimum for staying on Property and for many experiences.  A minor is defined as a participant that is seventeen (17) years old or younger (“Minor”).  A Minor must be accompanied by a parent or legal guardian during all Activities.  Eleven’s or the Property Operator’s representatives will help determine if the Activities are appropriate for the Minor in question.  If approved, both the Minor and a parent or legal guardian will need to complete an information form that includes a release and waiver of liability signed by the Minor and the Minor’s parents or legal guardians.  Minors thirteen (13) years of age or younger may not be left without adult or legal guardian supervision or a hired babysitter, who has been engaged by the Guest, under any circumstances including but not limited to on the Property.

 

PRIVACY POLICY

The Guest acknowledges that it has read Eleven’s Privacy Policy which is available at Privacy Policy.

 

DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) PROCEDURE

Eleven’s Digital Millennium Copyright Act (DMCA) notification and take-down procedures, and the identification of Eleven’s DMCA Copyright Agent may be found at Privacy Policy.

 

NO RECOVERY OF ATTORNEYS’ FEES OR EXPENSES

In the event of any dispute, claim, controversy, litigation or other proceeding between the parties arising out of or relating to this Contract or its negotiation, formation, execution, performance, enforcement or any breach, or any right of either party hereunder, each party shall be solely responsible for and pay its own costs, expenses and attorneys’ fees, incurred at trial, on appeal, and in any arbitration, administrative or other proceedings.

 

FORCE MAJEURE 

Eleven shall not be liable or in breach of this Contract for any delay, inability, breach or default in performing any obligation under this Contract or in connection with any Booking or Activity, whether in whole or in part, resulting from a Force Majeure.  Except for the Guest’s Cancellation of a Booking timely made in accordance with the Deposit and Cancellation Policies that provide the Guest with a refund or credit, the Guest shall not receive any refund or credit in the event of any Cancellation caused by a Force Majeure, whether invoked or declared by Eleven or the Guest.  The term “Force Majeure” means: (1) any inability or failure by Eleven to perform its obligations under this Contract or to provide the services, reservation, Property, or Activities subject to the Booking, in whole or in part, for any reason beyond Eleven’s control, or (2) the Guest’s inability to travel to, access, use or enjoy the services, reservations, Property, or Activities subject to the Booking, in whole or in part, for any reason beyond the Guest’s control.  Without limiting the foregoing, a Force Majeure also includes but is not limited to any event caused by an act of God; flood; fire; storm; destruction; inclement weather or a change of conditions which limit or affect the ability to access or use the Property or participate in Activities, such as the ability to travel to or stay at the Property or Activities; rain, snow storms or other adverse or unfavorable weather threats or conditions, or insufficient or unavailability of snow, water or other natural or man-made resources; strike; lockout; war; riot; insurrection; government or civil authority order or action; embargo; quarantine; pandemic, virus or other disease; health or safety guidelines, advisories or restrictions; state, country or local government or civil authority travel bans, closures, advisories or restrictions; legal restrictions, or compliance with any applicable state, federal or local government or civil authority laws, rules, ordinances or regulations or changes thereto; government or civil authority ordered shut downs or cessation of business or activities; administrative evacuation; or any other cause beyond either party’s control, whether or not related to any of the foregoing.

 

WAIVER

The failure or delay of any party in exercising any of its rights hereunder, including any rights with respect to a breach or default by the other party or the declaration of a Force Majeure, shall in no way operate as a waiver of such rights or prevent the assertion of such rights with respect to any later breach or default by the other party.  No party shall be deemed to have waived any rights under this Contract by any action or inaction unless an express waiver is set forth in writing.  The waiver of one breach hereunder shall not constitute the waiver of any other or subsequent breach. The rights and remedies of the parties contained in this Contract and as permitted by law or equity shall be cumulative.

 

MISCELLANEOUS

Whenever possible, each provision of this Contract shall be interpreted in such a manner as to be effective and valid under applicable law.  However, if any provision of this Contract or the application of any provision to any party or circumstance shall be prohibited by or invalid under applicable law, such provision shall be reduced to such scope as is reasonable and enforceable if possible.  Otherwise, such provision shall be severed from this Contract and ineffective to the extent of such prohibition or invalidity without it invalidating the remainder of the provisions of this Contract or the application of the provision to the other parties or other circumstances.  The captions and headings used in this Contract are for convenience only and do not in any way limit, amplify, or otherwise modify the provisions of this Contract.  Neither the Property Operators nor any providers of the Activities are parties to this Contract.  Except for the Guest’s indemnification obligations to the Indemnified Parties set forth above, there are no third party beneficiaries to this Contract, whether express or intended.  All notices and other communications permitted or required by this Contract must be made in writing to be effective; however, the Guest agrees and consents to its receipt of notices from Eleven via e-mail to an e-mail address provided to Eleven by the Guest.

 

COMPLIANCE WITH LAW; AUTHORITY; BINDING EFFECT

The Guest represents, warrants, covenants and agrees that: (1) this Contract has been duly authorized by the Guest and constitutes the valid and binding obligation of the Guest, (2) the obligations of the Guest hereunder are binding upon all Participants and the Guest’s successors, assigns, subrogors, distributors, employees, agents, heirs, next of kin, executors and personal representatives, and (3) the Guest and all Participants will not engage in any activities prohibited by any applicable laws, statutes, regulations or ordinances.

 

JURISDICTION; VENUE 

To the fullest extent permitted by law, this Contract shall be governed by the laws of the country and jurisdiction where the Property subject to the Booking is located without regard to its conflicts of law provisions.  In the event of any dispute, claim, controversy, litigation or other proceeding between the parties arising out of or relating to this Contract or its negotiation, formation, execution, performance, enforcement or any breach, or any right of either party hereunder, Eleven and the Guest irrevocably and unconditionally submit, for herself, himself or itself and her, his or its assets, to the exclusive jurisdiction and venue of any state court or federal court sitting in or having jurisdiction over the location where the Property subject to the Booking is located and any appellate court from any such state court or federal court.

 

NON-TRANSFERABILITY

This Contract and each Booking is personal to the Guest and may not be assigned or otherwise transferred, in whole or in part, and Bookings may only be used by the Guest and the Participants expressly identified in the Booking.

 

ENTIRE AGREEMENT

This Contract together with all applicable Deposit and Cancellation Policies are a complete and exclusive statement of the agreement between the Guest and Eleven regarding the subject matter contained herein, payment, payment processing, the Property, the Booking, and the Activities, and embodies the complete and entire understanding of the parties and supersedes all prior or concurrent proposals and understandings, whether oral or written, and all other communications between the parties relating to that subject matter.  The parties expressly declare and understand that no promises, inducements, consideration or agreements not herein expressed have been made to them.  This Contract may only be amended by a writing signed by all parties.  Notwithstanding any provision of this Contract to the contrary, the Other Agreements are separate and independent agreements from this Contract , and nothing in this Contract amends, alters or otherwise affects the Other Agreements which shall remain in full force and effect under their own terms.