Terms of service.
Guests, for purposes of this agreement, include the Head-Of-Household renter, and any Parent, any Aunt or Uncle, any Son or Daughter, any Legal Guardian, any Friend and/or any Acquaintance of the Head-Of-Household renter. Guests hereby acknowledge that they have knowingly and willingly entered the premises owned by ZazaJr LLC - SKonPK Series, a separate series of ZazaJr, LLC, a Texas series limited liability company (“Owner”) located at 5259A Stringer Ln, Graham Texas 76450, dba “SKonPK”, (the “Premises”) as a guest. Guests further acknowledge and understand that (i) no warranty, either expressed or implied, is made by the Owner, his employer (including any officer, director, manager, member, owner, shareholder, employee, affiliate, agent, successor, or assign of such employer) or any agent, heir, successor, assign or representative thereof (collectively, the “Representatives”), as to the condition of the Premises, or any roads, buildings, gates or other improvements located thereon, (ii) this document is sufficient warning that dangerous conditions, risks and hazards can and do exist and (iii) Guests presence and activities on the Premises may expose both them and their property to dangerous conditions, risks and hazards.
In consideration for the right to enter the Premises, guests agree to adhere to the “SKonPK Rules & Procedures: and hereby release and agree to protect, indemnify and hold harmless the Owner, his employer (including any officer, director, shareholder, employee, affiliate, agent, successor, or assign of such employer) and the Representatives from and against any and all claims, demands, causes of action and damages asserted by the undersigned or the undersigned’s guests or invitees or minor children, including attorneys’ fees, damages, losses of any kind, personal injuries or death resulting from any accident, incident or occurrence arising out of, incidental to or in any way resulting from the use of the Premises and all improvements or personal property thereon by the guests, invitees, and/or minor children, whether or not caused by the owner or any of the representatives negligence or gross negligence. The Guests, further covenants and agrees that the Guests, and the Guest’s heirs, successors and assigns will not make any claim or institute any suit or action by law or in equity against the Company, any Representative or any of the Representatives’ respective heirs, agents, employees, successors or assigns.
RELEASE FROM LIABILITY: TheGuests hereby acknowledges and agrees that the Guests expressly intend to release the owner and their representatives for any negligent act, including acts based upon the owner and their representatives’ own negligence, strict liability, and / or gross negligence related to the use of the Premises, including all improvements and personal property thereon. The Guests acknowledges that he or she has read this document and understands it and understands it is a release of all claims.
LIMITATION OF DAMAGES: It is agreed that should the Guests, bring an action against the Owner, its Representatives, the Guest’s maximum recoverable will be limited to the fees charged and actually paid to the Owner for the particular booking and/or service or segment of the booking and/or service for which the action seeks recovery. No Party shall, in any event, be liable to any other Party for any consequential, incidental, indirect, special, or punitive damages of such other Party.
FORUM SELECTION / CHOICE OF LAW: This Agreement shall be exclusively governed by, construed, and enforced in accordance with, and subject to, the laws of the State of Texas. The sole, exclusive and mandatory forum for any disputes arising from or concerning the Owner or its Representatives or this Agreement shall be in the court of competent jurisdiction in the state of Texas.
WAIVER AND DISCLAIMER OF RELIANCE: Guests hereby acknowledges and agree as follows: (i) the only representations made by Owner are those set forth in the agreement; (ii) the Guests, expressly disclaims any extra-contractual representation that had been made and that no duty existed for Owner to make any further disclosures; (iii) the Guests, have NOT relied on any representations or omissions by Owner; and (iv) the Guests, hereby waives, releases, and disclaims any right or ability to seek to revoke, rescind, vacate, or otherwise avoid the operation and effect of this Agreement on the basis of any alleged fraudulent inducement, misrepresentation, or material omission by Owner or its Representatives, or on the basis of mutual or unilateral mistake of fact or law, or newly discovered information, and acknowledge that they are completely satisfied with this Agreement, as reflected in this Agreement, and the Guests, releases, waives, and disclaims any liability in connection with any reliance on information disclosed or not disclosed by Owner and Owner will not be liable for the Guest’s use of the information; (v) the Guests, unequivocally represents, acknowledges, and states that the Guests was provided the opportunity to consult with counsel before entering into this Agreement and the Undersigned is relying solely upon his or her own independent knowledge, understanding, and investigation of the matters pertinent hereto and have not seen, heard, or relied upon any promises, statements, representations, covenants, or warranties, whether written or oral, express or implied, made any representative or other person or entity and that Owner had no duty to make any disclosures, except to the extent that a matter is expressly stated in this Agreement.
SEVERABILITY: If any provision of this Agreement is held to be illegal, invalid, or unenforceable under present or future laws effective during the term of this Agreement, such provision is fully severable, and this Agreement must be construed and enforced as if such illegal, invalid, or unenforceable provision never comprised a part of this Agreement; and the remaining provisions of this Agreement shall remain in full force and effect and may not be affected by the illegal, invalid, or unenforceable provision or its severance from this Agreement.
ENTIRE AGREEMENT: This Agreement constitutes the entire understanding and agreement of the PARTIES, and supersedes prior understandings and agreements, if any, among or between the PARTIES with respect to the subject matter hereof. There are no representations, agreements, arrangements or understandings, oral or written, concerning the subject matter hereof between and among the undersigned PARTIES that are not fully expressed or incorporated by reference herein.
WARNING: UNDER TEXAS LAW (CHAPTER 75A, CIVIL PRACTICE AND REMEDIES CODE), AN AGRITOURISM ENTITY IS NOT LIABLE FOR ANY INJURY TO OR DEATH OF AN AGRITOURISM PARTICIPANT RESULTING FROM AN AGRITOURISM ACTIVITY. THE UNDERSIGNED FURTHERMORE HEREBY ACKNOWLEDGES AND AGREES THAT HE/SHE AND THE FAMILY HAS READ, UNDERSTANDS AND WILL AT ALL TIMES ABIDE BY ALL OWNER’S “RULES AND PROCEDURES”. BY SIGNING THIS DOCUMENT THE UNDERSIGNED HEREBY ACKNOWLEDGES THAT THE UNDERSIGNED HAS READ AND UNDERSTANDS THE ABOVE TERMS AND CONDITIONS AND AGREES TO THE ABOVE TERMS AND CONDITIONS. This Agreement binds the Undersigned and his / her executors, administrators, assignees or heirs.
Guests will be entering the premises and agree with the stipulations set forth in the above Liability Release and the SKonPK Rules & Procedures.
SKonPK Rules & Procedure
1. Head-Of-Household renter must be 25 years of age minimum.
2. All persons entering the premises must have signed as Head-Of-Household or be listed as a Family Member of a Head-Of-Household on the Liability Release (SKonPK) before entering the premises.
3. All Federal, State and Local laws must be followed at all times.
4. Maximum of 13 overnight guests. This includes children. Beds provided for 13 guests. Additional guests require written approval from ZazaJr LLC-SKonPK Series.
5. Adhere to local burn ban when in affect. Status of Palo Pinto County burn ban can be found here: https://www.co.palo-pinto.tx.us
6. ALL TRASH (especially glass) placed in road-side bins MUST be secured in a tied-shut trash bag. Direct sunlight on glass in a bin that lost its lid magnified sunlight on loose papers and was the cause of the PK 1148 Fire on July 18th 2022.
7. No Parties or Events allowed without advanced written approval.
8. Limit music/tv volume and/or noise after 10:00pm.
9. Do not enter the construction zone of the new home on the neighboring property (5259B Stringer Ln). This area is marked by t-post fence.
10. Pets are welcome ONLY in the outside areas and garage. Pets must always remain outside. Any pets brought in the home will result in forfeiture of deposit.
11. Smoking is allowed ONLY in the outside areas. Any smoking in the home (including the garage) will result in forfeiture of deposit.
12. The home is on a septic system. ALL non-human waste must be disposed of in a trash receptacle. DO NOT FLUSH FEMININE PRODUCTS DOWN THE TOILETS.
13. Use of the adjacent property (5259B Stringer Ln) and its beach is welcome at your own risk.
14. Use of the trampoline is welcome at your own risk.
15. Boats & Jet Skis on property are for the private use of the owners and their family. Do not board or enter the boats. Do not remove covers. Do not lower the boats lifts.
16. Do not jump off the dock at the water pump location. A sign labels this location.
17. Areas that are off limits include the master closet, entry way closet, shop building on adjacent property (5259B Stringer Ln). These areas must remain closed and locked.
18. The gate protected by a cattle guard may remain open during your stay. The secondary gate, located on the adjacent property (5259B), must remain closed.
19. Complete the SKonPK Departure Checklist when departing.