TERMS AND CONDITIONS
1. GUEST COUNT AND ROOMS
A final guarantee of the exact number of guests staying overnight, along with a copy of passport or driver's license for each guest is required before guests arrive at or enter the property.
No guests or their staff will be allowed to enter the property without identification being provided to THE
HIDEAWAY in advance.
THE HIDEAWAY reserves the right to turn away any individuals that exceed the maximum guest count.
2. PAYMENT
Full payment in advance, at the time of executing the agreement for the stay at the HIDEAWAY, is needed to secure the reservation.
A damage deposit is required. The Damage Deposit will be returned within 14 days after departure if THE HIDEAWAY determines there is no damage to the property.
3. CANCELLATION POLICY
If CLIENT cancels the event at any time, cancellation penalties will apply. The Damage Deposit will be refunded in full in the event of a cancellation.
THE HIDEAWAY cannot and will not be responsible for acts of God, hurricanes, CLIENT’s economic hardship, civil unrest, COVID-19, pandemics, health-related travel restrictions, inclement weather or the parties’ change of plans. In the case that the event is canceled by THE HIDEAWAY solely because Premises cannot be used for the event in a manner acceptable to THE HIDEAWAY in its sole discretion, CLIENT will receive a full refund of all amounts paid to THE HIDEAWAY by CLIENT within 7 business days of cancellation & no party shall have any further rights, obligations, or liabilities hereunder.
4. INSURANCE
The CLIENT agrees to carry adequate personal property, primary, excess, errors & omissions, auto, liability & other insurance fully protecting THE HIDEAWAY, CLIENT and CLIENT’s guests against any claims arising from any activities conducted at THE HIDEAWAY. CLIENT agrees to provide proof of insurance upon demand by THE HIDEAWAY. CLIENT warrants that each guest of CLIENT is covered by CLIENT or guest’s insurance policies.
5. ASSUMPTION OF THE RISK, RELEASE & INDEMNITY
CLIENT represents that Client and CLIENT’s guests understand that there are inherent risks involved with their stay at THE HIDEAWAY and in the U.S. Virgin Islands, including but not limited to risks involving water sports, swimming, wading, and other resort activities, unfavorable weather conditions, animals, sea life, wildlife, flora & fauna, food sickness, allergic reactions, choking, and injury arising from self-inflicted accidents or mishaps, other guests, and motor vehicles, and that the same may cause bodily injury, death, or otherwise be dangerous. By execution of this Agreement, CLIENT hereby assume all such risks and also assumes CLIENT’S guests’ risks. In this Agreement, the term “water sports and other resort activities” shall include but is not limited to: wading, swimming, spearfishing, surfing, snorkeling, scuba diving, boating, fishing, hiking, kayaking, paddle boarding, and all activities, services, and use of facilities and equipment either provided by or arranged by THE HIDEAWAY with third party providers, including any and all risks associated with use of the swimming pool at THE HIDEAWAY.
CLIENT & CLIENT’s guests are responsible for inspecting the condition of paddleboards, kayaks, snorkels & other equipment whether provided by THE HIDEAWAY or by third party providers.
CLIENT and CLIENT’s guests have the duty to exercise reasonable care for their own safety during their stay at THE HIDEAWAY and agree to do so. THE HIDEAWAY has limited medical equipment and in the event of illness or injury, appropriate care and treatment may be delayed until transport to a proper medical facility can be arranged. CLIENT and CLIENT’s guests agree in advance to these conditions. CLIENT represents that CLIENT and CLIENT’s guests have adequate applicable insurance necessary to provide for and pay any medical costs that may directly or indirectly result from their participation in the event or their visit to THE HIDEAWAY, and understand that he/she is solely responsible for any medical costs that may directly or indirectly result therefrom. CLIENT is responsible for ensuring that all of CLIENT’s guests abide by the Rules of THE HIDEAWAY, whether such Rules are communicated orally, in writing, posted on the property, or other means.
The Hull Bay Beach, including the parking lot, boat ramp, and other areas surrounding it, is a public area and not controlled by THE HIDEAWAY. CLIENT accepts full responsibility for CLIENT’s own safety and that of all of CLIENT’s guests while at Hull Bay Beach and areas surrounding it and agrees that neither THE HIDEAWAY nor anyone associated with THE HIDEAWAY bears any of said responsibility.
The use of the facilities at THE HIDEAWAY naturally involves the risk of injury, whether the CLIENT, THE HIDEAWAY or someone or something else causes it. As such, the CLIENT agrees CLIENT and CLIENT’s Guests understand and voluntarily accepts the risk and agrees that THE HIDEAWAY, THE HIDEAWAY, THE SHACK, HBH MANAGEMENT LLC, MAGENS BAY MANAGEMENT LLC, and any of their affiliated entities or an officer, director, member, agent, property manager, bartender, server, servant or employee (hereinafter collectively “THE HIDEAWAY ENTITIES”) will not be liable for any injury, including and without limitation, personal, bodily, or mental injury, economic loss or any damage to the CLIENT, the CLIENT’s spouse, the CLIENT’s children, CLIENT’s guests or relatives, their heirs, next of kin, assigns or personal representatives, (hereinafter, collectively “Guest”) resulting from the acts, inaction or failures to act, of THE HIDEAWAY or anyone else using the facilities. If there is any claim by anyone based on any injury, loss, or damaged described herein, which involves GUEST, the CLIENT agrees to:
immediately defend and hold harmless THE HIDEAWAY ENTITIES, their employees, agents, managers, property managers, officers, owners, contractors, bartenders, servers or other agents against such claims and pay THE HIDEAWAY for all expenses, judgments, and obligations relating to all claims including, but not limited to, any and all attorney’s fees, litigation costs, judgments, settlements, arbitration awards, mediation awards, and/or verdicts;
Indemnify and hold harmless THE HIDEAWAY ENTITIES, their employees, agents, managers, property managers, officers, owners, contractors, bartenders, servers or other agents for all expenses, judgments, and obligations relating to all claims including, but not limited to, any and all attorney’s fees, litigation costs, judgments, settlements, arbitration awards, mediation awards, and/or verdicts;
6. WAIVER OF LIABILITY
The CLIENT agrees to release from all liability, hold harmless, indemnify, discharge and promise not to take legal action against THE HIDEAWAY ENTITIES, including their parent companies, successors, employees, agents, managers, property managers, officers, owners, contractors, bartenders, servers or other agents;
CLIENT fully releases, defends and holds harmless THE HIDEAWAY ENTITIES, from any liability to CLIENT, the CLIENT’s spouse, the CLIENT’s children, CLIENT’s Guests or relatives, their heirs, next of kin, assigns or personal representatives, for any losses or damages or claims or demand arising out of CLIENT’s personal injuries, economic injury, emotional or mental injury, damage to property or GUEST’s death, even if THE HIDEAWAY ENTITIES’ individual or collective negligence contributes to
or causes such personal injury, economic injury, mental injury, emotional injury, damage or death.
The CLIENT herby waives any and all claims or actions that may arise against THE HIDEAWAY ENTITIES, their owners, directors, employees, agents, or volunteers as a result of any such injury to any such person, business, or entity. Such risks include, but are not limited to:
Injuries resulting from the negligence of the owners, operators, employees, property managers, servers, bartenders, contractors, or volunteer assistants of THE HIDEAWAY ENTITIES or the negligence of guests, visitors or persons who may be present at THE HIDEAWAY; or the negligence of the THE HIDEAWAY ENTITIES;
Injuries or death resulting from the failure or negligent misuse, by CLIENT or by others, of the facilities, property, structures, or equipment or THE HIDEAWAY;
Injuries caused from slips, trips, falls, or other such accidents that occur while on or using the property or which may be caused by other persons’ presence, conduct, or use of the property, facilities or equipment of THE HIDEAWAY or THE HIDEAWAY ENTITIES;
Injuries caused by weather, wildlife or sea life, or property, land, air, or sea conditions;
Injuries resulting from participating in and/or using equipment in connection with the activities sponsored by THE HIDEAWAY ENTITIES which may take place outside of any premises owned or operated by THE HIDEAWAY; and
Injuries that occur from the negligence or lack of adequate training of those volunteers, agents, or employees of THE HIDEAWAY ENTITIES, including, but not limited to, those who seek to assist with medical or other help with before or after injuries have occurred
The CLIENT freely and voluntarily assumes complete personal responsibility for these risks and for the injuries that might occur as a result of these risks, even if such injuries occur in a manner that is not foreseeable at that time this agreement is signed.
7. EARLY CHECK-IN / LATE CHECK-OUT
Individual guest requests for early check-in and/or late checkout will be accommodated based on availability.
8. POLICIES AND RULES
Violations of the policies and rules will be considered a material breach of the agreement to stay at THE HIDEAWAY.
No pets permitted on property
No unsupervised children under the age of 18 on property
No smoking
No illegal drugs
No consumption or possession of alcohol by any underage person
Adults must drink responsibly
Do not approach or touch wildlife, bird life, or sea life, on land or in the ocean
All candles must be contained in either a votive or lantern. This includes on tabletops, and on the ground. No tapered candles, candelabras or other open flames are permitted without prior written approval from The Hideaway.
Glitter, sparklers, fireworks & confetti are not permitted without prior written approval from The Hideaway.
No sanitary products in the toilets.
Breach of any of the above rules is considered a material breach by THE HIDEAWAY and CLIENT understands that THE HIDEAWAY may require CLIENT to leave THE HIDEAWAY early in the Term in the event of the violation of this or other HIDEAWAY Rules.
9. AUDIO & PERFORMANCE
THE HIDEAWAY has a sound system in shared spaces. Additional speakers or amplification may be used with prior written approval. Loud amplified music will need to be turned off by 10pm, however lower volume music is permitted thereafter.
10. WEATHER
Please keep in mind that in extreme weather the property may be affected. The U.S. Virgin Islands is in a part of the world where extreme weather is common, unpredictable, and often harsh. THE HIDEAWAY shall not be responsible or liable for extreme weather or any claims, delays, losses, or other issues resulting therefrom.
11. SIGNS / DISPLAYS / SPECIAL REQUIREMENTS
Any items that the CLIENT may wish to provide such as signs, banners, displays, decorations, equipment set up, and additional personnel must be submitted in writing for THE HIDEAWAY approval no less than thirty (30) days prior to the Move In Date.
12. SMOKING
In accordance with the laws of the U.S. Virgin Islands smoking is not permitted in any villa, cottage, or inside space or closed space at THE HIDEAWAY. There is a smoking fee of $1,000 per offense.
13. CONDUCT OF EVENTS
CLIENT agrees to conduct all events in an orderly manner and in full compliance with applicable federal, state and territorial laws, codes, and regulations, and also the Rules of THE HIDEAWAY, including, without limitation, laws of the U.S. Virgin Islands governing the consumption of alcoholic beverages. Objectionable Behavior
THE HIDEAWAY reserves the right to restrict or prohibit events that, because of noise, method of operation, materials, or for any other reason, become objectionable, and also reserves the right to prohibit any event that, in the opinion of THE HIDEAWAY’s management, detracts from the overall character of THE HIDEAWAY. Should this occur, THE HIDEAWAY ENTITIES shall not be liable to the CLIENT or event organizers for refunds of any kind. THE HIDEAWAY reserves the right to exclude or eject any and all objectionable persons from the event, or the premises in a reasonable and safe manner.
CLIENT agrees and warrants that CLIENT and CLIENT’s Guests that consume alcohol shall be of legal age to drink, and drink responsibly. CLIENT agrees and warrants that CLIENT and CLIENT’s guests neither possess nor will consume illegal drugs or drink to visible intoxication. CLIENT agrees and warrants that CLIENT and CLIENT’s Guests shall not engage in fights, roughhousing, or other risky behavior.
CLIENT assumes full responsibility for the conduct of all persons on the property, in attendance or outside vendors providing services at the request of CLIENT and for any damage done to any part of the premises and its occupants and tenants, during the time the premises are under CLIENT’s control. CLIENT agrees to use, possess, and occupy the premises at CLIENT’s own risk.
14. DAMAGE
Should the event result in wear and tear beyond what is ordinarily expected and acceptable or there is any damage to the property, artwork, or furnishings THE HIDEAWAY will have the items(s) repaired / replaced by its usual contractors and submit the bill to CLIENT for complete reimbursement.
Should any foreign objects or feminine products be found to cause damage to THE HIDEAWAY septic system, CLIENT will be responsible for 100% of the repair cost. CLIENT will not receive any reimbursement should a bedroom or bathroom become unusable.
15. MISCELLANEOUS
CLIENT acknowledges that all guest accommodations & public spaces will be fully cleaned prior to
group’s arrival. If CLIENT requires additional housekeeping services, that request must be received no
less than 3 days in advance & will incur an additional cost.
CLIENT is not permitted to utilize outside vendors onsite at The Hideaway (including catered food &
beverage, furniture rental, etc) without prior written approval from THE HIDEAWAY.
CLIENT agrees to designate 1 group contact as point person for group meals, activities & any other
coordinated functions onsite and/or offsite.
CLIENT understands and acknowledges that Hull Bay Beach is public property and therefore not a space
controlled by THE HIDEAWAY.
CLIENT acknowledges that any guests wishing to explore HIDEAWAY’s on-property farm must be
accompanied by a HIDEAWAY staff member.
Photo images shared by CLIENT may be used for marketing purposes by THE HIDEAWAY.
16. VEHICLES & PARKING
THE HIDEAWAY has a maximum of 8 guest parking spaces onsite. Please take this into consideration when coordinating transportation to & from the property for outside guests, as THE HIDEAWAY cannot have more than 8 vehicles parked overnight. If group is arranging limo and/or mini-bus transport for event guests, vehicle sizes must be approved by THE HIDEAWAY prior to booking & drop-off + pick-up times & logistics will need to be communicated with THE HIDEAWAY team no less than 7 days in advance. THE HIDEAWAY ENTITIES assume no responsibility for vehicles on the premises.
17. FORCE MAJEURE; PUBLIC HEALTH EMERGENCIES
If for any reason beyond its control, but not limited to, hurricanes, cyclones, heavy seas, pandemics, tsunamis, and other extreme weather, disaster, civil disorder, strikes, labor disputes, accidents, government requisitions, restrictions or regulations on travel or social gatherings, COVID-19 firm stay-at- home orders, acts of war, terrorism or acts of God, THE HIDEAWAY is unable to perform its obligations under this contract, such non-performance shall be excused and THE HIDEAWAY or CLIENT may terminate this contract with written notice without further liability of any nature upon return of CLIENT’s deposit.
18. ARBITRATION
All claims and disputes arising out of or relating to this Agreement or CLIENT’s use of or stay at THE HIDEAWAY, or by CLIENT against the HIDEAWAY ENTITIES shall first be referred to in-person confidential mediation only, with the U.S. Virgin Islands as the exclusive location and venue for such mediation, administered by the American Arbitration Association (the “AAA”).
In the event the dispute is not resolved by in-person mediation, then the dispute shall be decided by binding, in-person, confidential AAA arbitration, with the U.S. Virgin Islands as the exclusive location and venue for such arbitration, to be conducted in accordance with the Commercial Arbitration Rules of the AAA, using a single arbitrator who shall have the exclusive power to rule on arbitrability, and his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of the arbitration agreement or to the arbitrability of any claim or counterclaim.
The arbitrator shall be selected by application of the rules of the AAA, or by mutual agreement of the parties. The fact that the parties may have difficulty agreeing to an arbitrator shall not in any event constitute a waiver or bypass of the parties’ duty to arbitrate.
No party to this agreement will challenge the jurisdiction or venue provisions as provided herein or administration of the arbitration by AAA.
All decisions of the arbitrator shall be confidential, final and binding. In connection with any such arbitration proceeding, the prevailing party shall be entitled to recover reasonable attorney’s fees and costs from the other.
Any judgment or award rendered by the arbitration as referenced above may be entered in any court in the U.S. Virgin Islands having jurisdiction thereof.
By your execution of this Agreement you hereby consent to the foregoing dispute resolution procedure and you expressly waive the right to court action or a trial by jury for all claims and disputes arising out of or relating to this Agreement. CLIENT consents to personal jurisdiction, subject matter jurisdiction, and service of process for purposes of mediation and arbitration. This agreement to arbitrate is binding on CLIENT and all guests of CLIENT at THE HIDEAWAY.
Only in the event COVID-19 restrictions render in-person mediation or arbitration impossible or unsafe, then the mediation and arbitration may be conducted virtually if all parties so agree. Impossible or unsafe shall not be the same as impractical or inconvenient.
In the event a party breaches the duty to mediate and arbitrate herein, and files an action in Court, the case shall be returned to mediation or arbitration, and the breaching party shall be liable for all costs and attorneys’ fees associated with such court filings and efforts to return the matter to mediation or arbitration.
19. TERM
The Term of this agreement will begin upon first entry into the Premises by CLIENT for any purpose relating to the event and will end upon CLIENT’s completion of its obligations for checkout and additional payments. CLIENT will comply with all federal, state and local laws, ordinances, rules and regulations applicable to the event.
20. GOVERNING LAW
This agreement and any dispute or controversy arising from it shall be interpreted, enforced and governed exclusively by the laws of the U.S. Virgin Islands.
21. SEVERABILITY
If any provision of this Agreement or the application thereof is held invalid, the invalidity shall not affect other provisions or applications of the Agreement which can be given effect without the invalid provisions or applications & to this end the provisions of this Agreement are declared to be severable.
22. ASSIGNMENT
If there is a change of ownership or management, CLIENT’s event will not be changed or cancelled.
Instead this contract & all obligations herein will be transferred to new owner and/or manager.
23. OTHER
This Agreement contains the entire understanding of the Parties with respect to the subject matter herein, and may not be amended except in writing by both Parties. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original but all of which shall constitute one and the same Agreement. Failure of either Party to enforce at any time or for any period of time any of the provisions of this Agreement will not be construed enforce such provision and each and every provision to be a waiver of such provisions or of its right thereafter to thereafter. This Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives in the event of my death or incapacity.