TERMS & CONDITIONS
CANCELLATION POLICY
Guest must pay in full at the time of reservation. If Guest cancels its reservation at least 90 days before Guest's stay is to begin, Guest may receive a full refund of Guest's deposit. If Guest cancels its reservation less than 90 days before Guest's stay is to begin, Guest shall receive a 75% refund and will forfeit the remaining 25%.
Guest, boat, and pet agreements
THIS GUEST AGREEMENT
(the "Agreement")
is entered into among the individual signing below as Guest ("Guest") and Palmer Lake Enterprises LLC, a Michigan limited liability company d/b/a Palmer Lake Lodges ("Operator"). In consideration of the mutual promises contained herein, Operator grants to Guest a non-transferable and revocable license (the "License") to exclusive use of the rental unit(s) booked subject to the attached Guest Rules, non-exclusive use of the grounds ("Grounds") of 59270 Burr Oak Rd., Colon, Michigan 49040 (collectively, the "Property") subject to the Terms and Conditions set forth herein.
The Operator and Guest hereby agree: 1. Guest Unit. During the "Term" (defined in reservation.) 2. Term. Guest may use the Guest Unit and use the Grounds of the Property from the dates defined in the reservation and abide by the attached House Rules. 3. Rate. Guest shall pay Operator a total rate as defined in reservation for use of the Property, payable immediately. 4. Guest's Party. The maximum number of persons authorized to use the Property pursuant to this Agreement is: Lakeside Cabins: 7 people Modern Cabins: 5 people Overnight Suites: 2 people per room. 5. Grounds and Palmer Lake. The Property is located along the shoreline of Palmer Lake, and the Grounds include various recreational amenities. THERE IS NO LIFEGUARD ON DUTY OR OTHER SUPERVISION AT ANY TIME TO OBSERVE OR MONITOR ANY GUEST SWIMMING, DIVING, WADING, OR FISHING IN PALMER LAKE. GUEST EXPRESSLY ACKNOWLEDGES THAT THERE IS NO LIFEGUARD ON DUTY AND THAT THERE COULD BE HIDDEN DANGERS UNDER THE WATER. Guest expressly agrees that Guest and any and all individuals in Guest's party swim, dive, wade, and fish fully at their own risk. Guest further expressly agrees to indemnify, defend, and hold harmless Operator and its agents, as well as the legal entities that own the Property, against any claims, actions, damages, liability, and expense (including reasonable attorneys fees) arising from or out of any injury or death resulting from Guest or any of the individuals in Guest's party swimming, diving, wading, or fishing in Palmer Lake, except for injury or death resulting solely from the willful misconduct or gross negligence of Operator. Guest further expressly agrees that Guest and any and all individuals in Guest's party use all of the recreational amenities on the Grounds fully at their own risk. Guest further expressly agrees to indemnify, defend, and hold harmless Operator and its agents, as well as the legal entities that own the Property, against any claims, actions, damages, liability, and expense (including reasonable attorneys fees) arising from or out of any injury or death resulting from Guest or any of the individuals in Guest's party using the recreational amenities on the Grounds, except for injury or death resulting solely from the willful misconduct or gross negligence of Operator.6. Damage and Indemnity. Guest covenants and agrees that Guest and any of those using the Property with Guest will not cause, allow, or permit any damage to the Property or to any of the furnishings therein provided for use by the Operator. Guest agrees to pay for all damages caused to the furnishings and Property. Guest agrees to indemnify, defend, and hold harmless Operator and its agents, as well as the entities that own the Property, from and against any claims, actions, damages, liability, and expense (including reasonable attorneys fees) arising from or out of any occurrence in, upon, or at the Property which is occasioned wholly or in part by any act or omission of Guest or any of those using the Property with Guest. The general duty of Guest to indemnify, defend, and hold harmless Operator, its agents, and the entities that own the Property in this Section 6 is in addition to and supplemental to all other duties of Guest in this Agreement to indemnify, defend, and hold harmless Operator, its agents, and the entities that own the Property, and should in no way be construed to limit, supersede, replace, or diminish any other duties of Guest in this Agreement to indemnify, defend, and hold harmless Operator, its agents, or the entities that own the Property. 7. Rules. Guest acknowledges receipt of and agrees to abide by the attached Guest Rules. 8. Short Term Use. Guest expressly acknowledges and agrees that Guest's use of the Property is for leisure or business purposes, and that Guest in no way intends to use the Property as a residence. Guest further expressly agrees that Guest's use of the Property in no way creates a landlord-tenant relationship, and that Guest's use of the Property is in no way subject to MCL 600.5701 et seq. 9. Acknowledgement. Guest acknowledges that he/she has read and understands all of the Terms and Conditions in this Agreement, including the attached Guest Rules (which are made part of this Agreement), and waives any claim that he/she was unaware of or misunderstood any of the Terms and Conditions or Guest Rules in this Agreement. In addition to the indemnity set forth herein, upon violation of ANY of the foregoing Terms and Conditions or Guest Rules, the License hereby granted is subject to immediate revocation, and Guest is subject to immediate removal from the Property. 1. Check in: 3 PM, or by arrangement Check out: 11 AM Contact Number: 773-816-89282. 2.Smoking is NOT allowed inside the Guest Unit or indoors in any other area on the Property.Pursuant to the Guest Agreement, any smoking (by Guest or any other individual accompanying Guest) in the Guest Unit or indoors in any other area on the Property is grounds for immediate removal from the Property with no refund. Guests may also be charged the full expense to clean (and potentially repaint) the Guest Unit to remove the smell of smoke. 3. People other than those in the Guest party set forth above may not use the property. 4. Operator is not responsible for any accidents, injuries, or illness that occur on the Property, other than those injuries or illnesses resulting solely from the willful misconduct or gross negligence of the Operator. Operator is also not responsible for any loss of or damage to personal belongings or valuables of those in the Guest party. By entering into the Guest Agreement, it is agreed that Guest and all individuals in Guest's party are expressly assuming the risk of any harm or loss arising from their use of the Property. 5. The Guest shall keep the Property and all furnishings in good order. 6. Appliances: Appliances may only be used for their intended purpose. 7. Pets: Pets are NOT allowed unless Guest and Operator have signed a separate Pet Agreement. 8. Parking: Vehicles are to be parked in designated parking areas only. Guests are permitted to park only one vehicle on the Property, unless prior arrangements are made in writing. 9. Boats: Boats are available to rent at the Property. Guests are not permitted to park their own boats, other watercraft, or trailers on the Property, unless prior arrangements are made in writing. 10. Tents: Tents are not allowed on the Property, unless prior arrangements are made in writing: 11. Housekeeping: There is no daily housekeeping service. While basic linens and bath towels are provided, daily maid service is not included. Operator does not permit towels or linens to be taken from the units.12. Water and Septic: The Property is on a well and septic system. The septic system is very effective; however, it will clog up if improper material is flushed. DO NOT FLUSH anything other than toilet paper. No feminine products should be flushed at any time. If it is found that feminine products have been flushed and clog the septic system, Guest could be charged damages to repair the system. 13. For any damage to the Property under any of the above provisions (or under the Guest Agreement), Guest's credit card will be charged to collect those expenses. If Operator is unable to collect those expenses through Guest's credit card, Guest will be liable for all of Operator's costs, including, without limitation, actual attorneys' fees, incurred in collecting those amounts owed.
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THIS BOAT RENTAL AGREEMENT (the "Agreement") is entered into among the individual as defined in reservation as Renter ("Renter") and Palmer Lake Enterprises LLC, a Michigan limited liability company d/b/a Palmer Lake Marina ("Owner"). In consideration of the mutual promises contained herein, Owner grants to Renter a non-transferable and revocable license (the "License") to exclusive use of the Boat (defined below), subject to the attached Boating Rules (defined below), and subject to the terms and conditions set forth herein.The Owner and Renter hereby agree: 1. Boat. During the Term (defined below), Renter shall have exclusive use of the "Boat" as defined in reservation. 2. Term. Renter may use the Boat during the term as defined in reservation. 3. Rate. Renter shall pay Owner a total amount as defined in reservation for the License to use the Boat during the Term. 4. Renter's Party. The total number of persons authorized to use the Boat pursuant to this Agreement ("Renter's Party") is as defined in reservation. 5. Liability and Indemnity. Renter and everyone in Renter's Party expressly acknowledge that using and operating a boat is an inherently dangerous activity. Renter and everyone in Renter's Party expressly agree that they are using and operating the Boat solely at their own risk, and that the Owner has no liability for the use and operation of the Boat by Renter and/or Renter's Party. Renter and Renter's Party covenant and expressly agree to indemnify, defend, and hold Owner harmless from any injury or death in any way related to or resulting in any way from the use and operation of the Boat by Renter and/or Renter's Party, including, without limitation, any injury or death of Renter, any member of Renter's Party, or any other individual. Further, Renter and Renter's Party covenant and expressly agree to indemnify, defend, and hold Owner harmless from any (real or personal) property damage in any way related to or resulting in any way from the use and operation of the Boat by Renter and/or Renter's Party. 6. Physical Damage to Boat. Renter expressly agrees that it shall fully reimburse Owner for any physical damage (meaning any damage to the Boat, except the Boat's motor and steering system) to the Boat resulting in any way from the use and operation of the Boat by Renter and/or Renter's Party, unless the physical damage to the Boat was solely the fault of Owner's gross negligence. There is a $100 fine for lost pontoon boat ladders. 7. Mechanical Damage to Boat. Renter expressly agrees that it shall fully reimburse Owner for any mechanical damage (meaning any damage to the Boat's motor or steering system) to the Boat resulting in any way from Renter's and/or Renter's Party's improper use or negligent use of the Boat. 8. Provided Items. The Boat is stocked with life jackets and/or other personal flotation devices, and potentially other items for the use of Renter and Renter's Party (collectively referred to as the "Provided Items"). If any Provided Items are damaged or lost during the use and operation of the Boat by Renter and/or Renter's Party, Renter expressly agrees to fully reimburse the Owner to replace the damaged or lost Provided Items. 9. Return Boat in Clean Condition. The Boat is to be returned at the end of the Term in the same condition of cleanliness as when the Term began. A $100 cleaning fee will be assessed against Renter if Renter fails to return the Boat in such condition. 10. Late Fee. If Renter fails to return the Boat on or before the end of the Term, a $300 late fee will be assessed against Renter. 11. Improper Use of Boat. Renter and Renter's Party expressly agree that they will only use and operate the Boat in a safe and proper manner. Renter and Renter's Party further expressly agree that they will not use and operate the Boat in a reckless, hazardous, dangerous, or otherwise improper manner. Any improper use of the Boat by Renter and/or Renter's Party will result in Renter losing its License to continue using the Boat with no refund. If Owner determines that Renter and/or Renter's Party are improperly using the Boat—subject to Owner's absolute and total discretion in making that determination—Owner will inform Renter of such determination, and Renter and/or Renter's Party must immediately return the Boat to the dock. 12. Boating Rules. Select boating safety rules and laws are listed below as Exhibit A ("Boating Rules") and are made part of this Agreement. These Boating Rules are merely an overview of some of the most common boating safety rules and are in no way intended to be a full or comprehensive list of all boating safety rules and laws that Renter and Renter's Party must follow when using and operating the Boat. For a full list of all boating safety rules and laws, Renter should consult with Michigan's Compiled Statutes, the Michigan Administrative Code, and any other rules published by the Michigan Department of Natural Resources. Renter and Renter's Party expressly agree to follow all of the Boating Rules, as well as any other applicable Michigan boating safety rules and laws not enumerated in the Boating Rules. Failure to follow any of the Boating Rules or any other applicable Michigan boating safety rules and laws is considered to be improper use of the Boat. 13. Acknowledgement. Renter acknowledges that he/she has read and understands all of the terms and conditions in this Agreement, including the attached Boating Rules (which are made part of this Agreement), and waives any claim that he/she was unaware of or misunderstood any of the terms and conditions or Boating Rules in this Agreement. RENTER expressly agrees that they will not use and operate the Boat in a reckless, hazardous, dangerous, or otherwise improper manner and that they will not permit anyone in their party to use and operate the Boat in a reckless, hazardous, dangerous, or otherwise improper manner. Renter expressly agrees that they will not use and operate the Boat under the influence of drugs or alcohol, and that they will not permit anyone in their party to use and operate the Boat under the influence of drugs or alcohol. They further agree that they will not permit anyone under the legally permitted age to use drugs or alcohol on the Boat. They expressly agree that they will require all children under 6 years of age to wear a life jacket at all times while on the Boat. In addition to Section 11 above, upon violation of ANY of the foregoing terms and conditions or Boating Rules, the License hereby granted is subject to immediate revocation with no refund.
EXHIBIT A: State of Michigan Boating Laws and Responsibilities Handbook:
https://assets.kalkomey.com/boater/pdfs/handbook/michigan-handbook-entire.pdf
State of Michigan Boating Certification: https://www.boat-ed.com/michigan/
Michigan Boating Laws and Regulations - Age and Operator Restrictions: Persons less than 12 years of age: May operate a boat powered by a motor of no more than 6 hp legally without restrictions; May operate a boat powered by a motor of more than 6 hp but no more than 35 hp legally only if they: Have been issued a boating safety certificate and have it on board the boat and…Are directly supervised on board by a person at least 16 years of age. May not operate a boat powered by a motor of more than 35 hp legally under any conditions. Those born on or after July 1, 1996, may operate a boat legally only if they have been issued a boating safety certificate and have it on board the boat.Those born before July 1, 1996, may operate a boat legally without restrictions. Personal Watercraft: Those less than 14 years of age may not legally operate a PWC.Those 14 and 15 years of age may operate a PWC legally only if they have obtained a boating safety certificate and…He or she is accompanied on board by his or her parent or legal guardian or by a person at least 21 years of age who has been designated by the parent or legal guardian or…He or she is operating or riding the PWC at a distance of not more than 100 feet from his or her parent or legal guardian or from a person at least 21 years of age who has been designated by the parent or legal guardian. Those at least 16 years of age and born after December 31,1978, may operate a PWC legally only if they have obtained a boating safety certificate.Those born on or before December 31, 1978, may operate a PWC legally without restrictions. Enforcement: Michigan law enforcement officers patrol the waterways to make your boating experience safe and pleasant. Cooperate with them by following the laws and guidelines.Carry the Card: Vessel operators who are required to have a Boater Education Card must carry the card on board the vessel and have it available for inspection by an enforcement officer.Penalty: Not carrying your Boater Education Card when one is required can result in a fine. Reciprocity: For visiting boaters, all states, territories, and provinces will recognize boating education cards that meet NASBLA requirements and Canadian Pleasure Craft Operator Cards that meet Transport Canada’s requirements. (This is known as “reciprocity.”)
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THIS PET AGREEMENT (the "Pet Agreement") is entered into among the individual(s) as defined in reservation as Guest ("Guest") and Palmer Lake Enterprises LLC, a Michigan limited liability company d/b/a Palmer Lake Cabins ("Operator"). This Pet Agreement is executed in conjunction with, and shall become a part of, the "Guest Agreement" between Guest and Operator.
The Operator and Guest hereby agree: Allowance of Pets. During Guest's stay at the "Property" (as defined in the Guest Agreement), Guest shall be allowed to have the number of dog(s) as defined in reservation with them (collectively referred to as "Pets"). Control of Pets. Guest expressly agrees that he/she shall keep Guest's Pets on a leash and under Guests's control at all times when Guest's Pets are on the Property but outside Guest's "Guest Unit" (as defined in the Guest Agreement). Guest further expressly agrees that he/she will keep Guest's Pets from biting, injuring, or in any other way acting aggressively toward any and all people and other animals on the Property. Guest further expressly agrees that he/she will prevent Guest's Pets from causing any damage to any real property or personal property while Guest's Pets are on the Property. If Guest violates any of the provisions in this Section 2, Guest and Guest's Pets are subject to immediate removal from the Property with no refund. Cleanup of Pet Waste. Guest expressly agrees that it will immediately clean up and dispose of, in a proper outdoor waste receptacle, any waste from Guest's Pets. Waste from Guest's Pets is not to be disposed of in an indoor waste receptacle. If Guest fails to immediately and properly clean up and dispose of Guest's Pets' waste, the Operator shall charge Guest a fee to clean up Guest's Pets' waste with the amount of that fee being at the sole discretion of the Operator. Rate. Guests shall pay the Operator a $75 fee for each dog that Guest has on the Property. ("Pet Fee"). The Pet Fee is due at the time Guest begins his/her stay at the Property. Damage. Guest agrees to fully reimburse Operator for any damage that Guest's Pets cause to any real property or personal property during Guest's stay at the Property. Liability and Indemnity. Guest covenants and expressly agrees to indemnify, defend, and hold Operator harmless from any injury, death, or property damage in any way related to or caused by Guest's Pets. Acknowledgement. Guest acknowledges that he/she has read and understands all of the terms and conditions in this Pet Agreement and waives any claim that he/she was unaware of or misunderstood any of the terms and conditions in this Pet Agreement. In addition to Section 2 above, upon violation of ANY of the foregoing terms and conditions, Guest and Guest Pets are subject to immediate removal from the Property with no refund. The state of Michigan holds the owner of a dog strictly liable for dog bites to a human being that were not provoked, provided that if the incident happened upon the dog owner's property the victim was not a trespasser or there to do something unlawful or criminal. Liability also can be based upon scienter, negligence, and other grounds such as battery. The statutory ground is set forth in the strict liability dog bite statute, Mich. Comp. Laws Ann., sec. 287.351. It provides as follows: 287.351 Person bitten by dog; liability of owner. Sec. 1. (1) If a dog bites a person, without provocation while the person is on public property, or lawfully on private property, including the property of the owner of the dog, the owner of the dog shall be liable for any damages suffered by the person bitten, regardless of the former viciousness of the dog or the owner's knowledge of such viciousness.
