Spaceport America Vacation Tours

Full and Complete Release of Liability and Indemnity Agreement

1.                  Alto Hombre Gordito Hideout Lodging Facilities:

The facilities at Alto Hombre Gordito Hideout / Hombre Gordito, Inc (hereinafter ‘The Hideout’) have been designed with our guests’ comfort and safety in mind.

I, the undersigned, am responsible for any cleaning fee resulting from leaving dishes in the cabin or leaving the cabin or RV site or tent site in disarray, in which case my account will be charged $50 per cabin or RV site or tent site.

I, the undersigned, am responsible for using the fireplace in the lodging facilities or a fire ring at a RV site or tent site rented, in which case my account will be charged $10 per cabin or RV site or tent site.

I, the undersigned, and all guests in my party understand that check-out time is 11AM and that a later check-out can only be arranged by prior arrangement. Late check-out fee is $10 per hour for 1 room and 1 bedroom cabins, $20 per hour for 2 and 3 bedroom cabins, $5 per hour for RV sites and tent sites. I will be responsible for the payment of the late check-out fee. If I do not make prior arrangements for a late check-out for me or any guest in my party my account will be charged one full day lodging fee and all applicable fees and taxes.

I, the undersigned, and all guests in my party will leave lodging facilities in the same condition as me and my party found the facilities, normal wear and tear excepted. Any damage caused by me and my party is the full responsibility of me and my party and will be charged to my account. A cleaning fee of $50 will be charged to my account if my party leaves the dishes in the cabin, the cabin in great disarray or the RV or tent site trashed. I understand that The Hideout allows non aggressive pets. In the event I bring a pet into the lodging facility, I must use a pet blanket in the lodging facility. Pets must be leashed.

2.         Alto Hombre Gordito Hideout Entertainment Equipment and Facilities:

The Hideout’s  equipment and facilities such as pool, spa, sauna, laundry, game room, video tapes, Internet access, petting area, horse corral for boarding guests’ horses, mountain bikes, kids’ ATV, ball sports, trails, skis, snowboards, sleds, etc. are for guests’ enjoyment, if available.

I, the undersigned, agree to pay $5 visitor fee per day for myself in case I am not a lodging guest at The Hideout and would like to enjoy The Hideout’s facilities.

I, the undersigned, and all guests in my party understand that my visitors are welcome to The Hideout and that State Law and insurance require that all my visitors register at the office when entering The Hideout and that a fee of $5 per visitor per day will be charged to my account. Based on payment of this fee my visitors can enjoy The Hideout facilities and I will be automatically responsible for my visitors unless my visitors sign a Full and Complete Release of Liability and Indemnity Agreement. My visitors are welcome between 8AM and 9PM.

3.         Spaceport America Vacation Tours Entertainment Equipment and Facilities:

Spaceport America Vacation Tours, Inc (hereinafter ‘Vacation Tours’) offers equine activities to guests of The Hideout and the general public, if available.

I, the undersigned, testify that I and all my guests in my party are physical fit to ride horses and I and my guests agree to allow Vacation Tours patrons to screen and test our physical fitness.

Vacation Tours ’ horses are trained to carry a maximum of approximate 200 lbs. Only one person per horse is allowed. Minimum person’s age to ride a horse is 7 years old.

4.         In General:

I, the undersigned, as guest of The Hideout and/or Vacation Tours am responsible for the behavior and for abiding by the rules and policies of The Hideout and/or Vacation Tours by me and all guests in my party. By executing this Agreement I and all guests in my party agree and understand using pool, spa, sauna, mountain bikes, ATV, skis, snowboards, sleds, equine facilities, etc. with any type of equipment are hazardous activities which may result in injury or death of myself or a third party. Use of The Hideout and/or Vacation Tours properties, its facilities and its equipment are at my and my party’s own risk.

I, the undersigned, and all guests in my party accept for use from The Hideout and/or Vacation Tours AS IS the equipment used and/or rented from The Hideout and/or Vacation Tours and accept full financial responsibility for the care of the equipment while it is in my possession. I will be responsible for the replacement or repair of used and/or rented equipment under this Agreement which is damaged or not returned to The Hideout and/or Vacation Tours by stipulated date and time. In the event that any used and/or rented equipment is not returned or totally destroyed my account will be charged $150 per mountain bike, $1,500 per ATV, $500 per ski set or snowboard, whatever is applicable. Damages to other facilities and equipment will be assessed based on replacement and/or repair cost.

If user is a minor, the undersigned parent/guardian signing below represents to The Hideout and/or Vacation Tours that they have the authority to enter into this contract on behalf of said minor and on behalf of any parent or guardian of said minor, and in consideration of The Hideout and/or Vacation Tours giving use to and/or renting equipment and facilities to the undersigned.

I, the undersigned, and all guests in my party agree to indemnify, defend, and hold harmless The Hideout and/or Vacation Tours, including all agents, employees, officers, directors, servants etc. of and from any and all risks, accidents, action, harm, injuries, death, damages, loss to person and/or property which may be made by the undersigned or on his/her behalf or that the undersigned may cause or contribute to cause to any third parties, and any claim by the undersigned party, their families, estates, heirs and assigns arising in any way from the use of any equipment, facility or service, including any claim based upon the negligence of The Hideout and/or Vacation Tours or any other employees, directors or representatives of The Hideout and/or Vacation Tours, including but not limited to attorney’s fee and costs.

In consideration for being able to rent and/or use equipment and facilities, I hereby agree to accept the terms and conditions of this contract. This document constitutes the final and entire agreement between The Hideout and/or Vacation Tours and the undersigned. There are no warranties express or implied, which extend beyond the description of the equipment as stated in this Agreement.

I, the undersigned, and all guests in my party contractually agree that any and all disputes between me, my guests and The Hideout and/or Vacation Tours arising from use of equipment and facilities, and including any claims for personal injury and/or death, will be governed by the laws of the State of New Mexico and the exclusive jurisdiction thereof will be in the state or federal courts of the State of New Mexico. If any provision of this agreement is determent to be unenforceable, all other provisions shall be given full force and effect.

 

I, the undersigned, and all guests in my party understand that The Hideout and/or Vacation Tours reserve(s) the right to either evict without refund or refuse service to anyone whose behavior is unlawful, socially offensive or menacing to others, or who violate the rules of The Hideout and/or Vacation Tours.

All fees mentioned in this Agreement are subject to taxes.

I, the undersigned, have carefully read and understand the terms of the above FULL AND COMPLETE RELEASE OF LIABILITY AND INDEMNITY AGREEMENT and I am signing it freely and of my own accord, realizing it is binding upon me, all guests in my party, my heirs, assigns and, in the event I am signing it on behalf of any minors, that I have full authority to do so realizing its binding effect on them as well as me. I AM AWARE THAT THIS CONTRACT IS LEGALLY BINDING AND THAT BY SIGNING BELOW I AM WAIVING MY LEGAL RIGHTS AS WELL AS THOSE OF ANY GUEST IN MY PARTY AND ANY MINOR FOR WHOM I AM SIGNING.

Guest signature                                                                                                                         

Guest name                                                                                                                              

Telephone                                                    E mail address                                                        

Mailing address                                                              City                    State                 ZIP     

Date of arrival                                                     Date of departure                                             

Number of guests in your party, including babies, kids, grand parents etc. They all count.

Adults                            Kids (12 years and under)                                   Pets                 

Make and color of car(s)                                                                                                            

Number of cars                License plate(s)                                    ­­­­­­­­­­­­­­­­­­­­­­­­­­­­____________________________

Cabin number                or RV site number           RV Amps: 30             50            ___

Hombre Gordito, Inc.

Spaceport America Vacation Tours, Inc.

POB 1445 Ruidoso NM 88355 505-336-7877