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White Rock Resort LLC Rental Agreement

Welcome and thank you for booking your vacation rental through White Rock Resort LLC

Please be sure to read this rental agreement (the “Agreement”) in its entirety, as well as our website Terms & Conditions, Privacy Policy. If you are booking your Vacation Rental via a separate portal other than the White Rock Resort site, your reservation may also be subject to that website’s terms and conditions. Among others, this Agreement contains the following important terms:

  • Please read the cancellation policy carefully before booking and consider purchasing travel insurance.
  • You are releasing WRR and the homeowner from certain types of liability and agreeing to assume certain risks on behalf of yourself and each individual present during the stay. By booking to stay at the White Rock Resort, you hereby acknowledge that you have read and agreed to the resort Rules and Regulations as well as the Resort liability disclaimer. You also are aware that traveling may increase your risk of contracting COVID-1

By clicking “Book Now” you are acknowledging and agreeing to each term included in this Rental Agreement, which specifically includes each of the above-described terms and conditions, as well as any applicable rules, policies, terms or conditions specific to the White Rock Resort property:

  • BOOKING TRANSACTION. This Agreement is between White Rock Resort LLC (WRR) and the individual completing this booking transaction for the Vacation Rental (“you” or “Guest”). WRR represents the owner of the Vacation Rental (your “Host”). WRR provides the Vacation Rental subject to the terms of this Agreement. You agree that you will be present at the Vacation Rental for the entire duration of the reservation and that you will be responsible for the actions and behavior of each individual present at the Vacation Rental during your stay. This includes ensuring everyone in your party or otherwise present at the Vacation Rental (each an “occupant”) is aware of and in compliance with the terms identified in this Agreement as well as the WRR Rules and Regulations. If you are bringing a minor as an occupant, you acknowledge and agree that you are solely responsible for the supervision of that minor throughout the duration of your stay and agree to the terms of this Agreement on each minor’s behalf. It is important to note that some cabins may have open decks, Jacuzzis, beach areas… which require caution and supervision at all times.
  • PAYMENT TERMS & CANCELLATION. The total amount due, including the base rates, taxes, and fees is displayed on the checkout webpage for the Vacation Rental. 2 weeks or more prior to your reservation you will receive a 100% refund, 1-2 weeks prior to your reservation you will receive a 50% refund, Within 1 week or less of your reservation you will receive NO REFUND. You will be charged 40% of your total payment at the time of booking. 14 days before arrival, you will be charged the remaining 60% of the total booking fees. Please review these amounts carefully. You may cancel your booking at any time, however, all amounts that have been paid prior to your cancellation date will be non-refundable. These terms are valid for bookings via the White Rock Resort website. Nonetheless, it is your responsibility to review the specific cancellation and refund terms in the listing you are reserving (i.e. via other platforms) prior to checkout as exceptions will not be made once your reservation is confirmed. Depending on certain circumstances and at the White Rock Resort’s management sole discretion you may be issued a future travel credit for use at the resort as your sole and exclusive remedy (which are subject to certain restrictions set forth at issuance including that travel credits are non-transferable and must be used 1 year from issuance).
  • HOUSE RULES & POLICIES. The Vacation Rental does have specific rules and policies regarding pets, smoking/vaping, quiet hours, parking, pool and/or hot tub usage, and other local, or property regulations. These rules are detailed in the description section of Park Rules and Regulations (see below) and are incorporated into this Agreement. Please review these terms carefully, as violation(s) may result in additional fees or the immediate removal of you and other members of your party from the Vacation Rental without refund. Further, violation of any law or ordinance by any individual at the Vacation Rental during your reservation will result in the immediate removal of you and other members of your party from the Vacation Rental without refund.
  • ARRIVAL DETAILS & CHECK-IN/CHECK-OUT. At time of booking you will receive a confirmation email, and check in directives and information the day prior to arrival. Check-in is at 4:00 PM and check-out is 11:00 AM. If you or any member of your group fails to vacate the Vacation Rental at the designated check-out time, you grant WRR the right to charge the credit card number used to book the Vacation Rental for an additional night. Furthermore, at its own discretion WRR, the Host or WRR management team may initiate any and all proceedings necessary to remove you, your occupants, or your belongings from the Vacation Rental.
  • DAMAGE. Any damage to the Vacation Rental must be reported to WRR management team before check-out. Guests agree and hereby accept full liability for any damage to the cabin property including and not limited to any items in the cabin or at the WRR property.This may include damage or loss occurring during your stay, violations of house and or park Rules and Regulations additional cleaning fees, and/or any fines or other costs incurred by the behavior of you or any other occupant during your stay in violation of laws or other regulations. You grant WRR the right to charge the credit card number used to book the Vacation Rental for any such damages, including, but not limited to, additional cleaning fees. To ensure that the proper party is held responsible, please notify your Guest Contact of any damage found at check-in.
  • FEES & ADDITIONAL SERVICES. All mandatory and optional booking-related fees will be disclosed in the Vacation Rental listing. If you fail to select any option(s) that incur additional fees applicable to your stay (e.g., pet fees, etc.) and it is later discovered that you should have paid for such option(s), you grant WRR the right to charge the credit card number used to book the Vacation Rental for the associated additional fees.
  • MAXIMUM OCCUPANCY.
    a) The maximum number of people that may occupy the Vacation Rental is indicated in the listing description. For clarification, this number applies to all overnight guests, day visitors and children. Unless otherwise approved by WRR in writing, occupancy over the indicated capacity may result in the immediate removal of you and other members of your party from the Vacation Rental and forfeiture of all amounts paid.
    b) Parties and large gatherings are not permitted at the Vacation Rental under any circumstances. Conduct of unauthorized parties or gatherings may result in your removal from the property without refund and WRR may contact local law enforcement when appropriate. You agree to respect the Vacation Rental, neighbors, the surrounding community and to follow all applicable laws, regulations, ordinances and rules, including noise ordinances. You agree to conduct yourself in a manner that does not disrupt neighbors or community members.
  • CONDITION OF THE PROPERTY. Your Host cares very much about their Vacation Rental and strives to keep it in excellent shape. If you notice any problems, hazardous conditions, housekeeping issues, or maintenance issues, please notify your Guest Contact immediately. If the Vacation Rental is not in the condition represented in the rental listing, WRR may, in its sole discretion, offer an appeasement; provided, however, that in no event will such an appeasement exceed the amount you paid for the reservation. You hereby acknowledge that if the Vacation Rental has access to shared amenities, the repair and maintenance of such shared amenities is not within WRR’s or Host’s responsibility or control.
  • HOST ACCESS. You agree to allow your Host, Guest Contact, and/or their agents reasonable access to the Vacation Rental during your stay if requested. Such access may be necessary to resolve maintenance related issues you report. In the event of an emergency, the Vacation Rental may be accessed without prior notice or permission.
  • CLEANLINESS. You are expected to treat the Vacation Rental with respect, keeping in mind that this is an individual’s home, not a hotel room. You are expected to leave the Vacation Rental in a clean, neat, and orderly condition and respect the Host’s requests regarding check-out procedures.
  • CANCELLATIONS/UNFORESEEN CIRCUMSTANCES.
    a) UNFORESEEN CIRCUMSTANCES/FORCE MAJEURE. All funds paid to WRR are non-refundable unless stated otherwise (Section 2 above) and no refunds will be due in the event your stay at the Vacation Rental becomes impossible for a reason outside WRR’s or Host’s control, including natural disasters, fire, epidemic, pandemic, federal, state, or local quarantine, civil commotion, changes in laws or regulations, evacuation orders, or other acts of government agencies. However, in such circumstances, WRR may choose, in its sole discretion and as your sole remedy, to issue a travel credit of the amounts paid to WRR as an act of goodwill. Any travel credits issued by WRR will be subject to the terms set forth at issuance, including terms regarding expiration date and non-transferability. For purposes of clarification, inclement, unfavorable, or even severe weather is not considered a force majeure event under this provision and no refund or credit is due (or will be made) to you.
    b) CANCELLATIONS BY WRR & SUBSTITUTION OF PROPERTY. In the event that WRR or your Host cancels your booking for reasons other than those described in the Force Majeure section above, you will be notified as quickly as possible. In such cases, WRR, in its sole discretion, may provide the option to substitute a comparable property selected by WRR or refund 100% of any amounts paid to WRR. If you accept the substitute property, all rules, policies, terms and conditions specified in the description section for the substituted property shall apply, even if they differ from your original reservation. WRR highly recommends that you purchase Travel Insurance to protect against certain types of cancellations, among other risks. Other than providing a refund in its sole discretion, WRR is not responsible or liable for cancellations or any costs associated with cancellations.
  • INDEMNITY & HOLD HARMLESS. You agree to indemnify and hold harmless your Host and WRR, for any liabilities, claims, damages, injuries, costs or expenses whatsoever arising from or related to your use and/or occupancy of the Vacation Rental, including, but not limited to, any claim or liability for personal injury, damage, or loss of any kind resulting from your actions or omissions, and the actions or omissions of other occupants, during or relating to your stay.
  • ASSUMPTION OF ANY RISKS. You and anyone using the Vacation Rental during your stay accepts and assumes any and all risks involved in or related to the use of the Vacation Rental and any surrounding properties, the hot tubs, or any other body of water (including but not limited to a lake or an ocean at or adjacent to the Vacation Rental), any water-related activities, features on the property, usage and utilization of deck(s), access to the beach, activities participated in during your stay on or off the property, amenities provided at the property, or third-party transportation vendors, as applicable, whether or not disclosed in the listing including and not limited to any slips and falls ANYWHERE at the WRR location, including any surrounding access to or from the bluff. You, understand and hereby agree and acknowledge that WRR is located on a bluff and therefore you are agreeing to stay at your own risk. You understand that traveling and staying in a vacation rental property may increase the likelihood of contracting an infectious disease, such as COVID-19, and you voluntarily assume that risk. You further accept and assume all risks involved in or related to any recreational equipment of any kind, including but not limited to beach or pool equipment, golf cart, bicycles, docks, boats, paddleboards or other floating devices, game or sports equipment, as applicable. You are responsible for determining your fitness for participating in any features or activities during your stay and your ability to fully understand and comply with any directions, warnings, laws, or regulations presented. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU KNOWINGLY, VOLUNTARILY, AND FREELY ASSUME ALL RISKS, BOTH KNOWN AND UNKNOWN, OF THE ABOVE-DESCRIBED ACTIVITIES, AND YOU ASSUME FULL RESPONSIBILITY FOR PARTICIPATION IN ANY SUCH ACTIVITIES INCLUDING RESIDING AND OR VISITING WRR.
  • WHITE ROCK RESORT PARK PET AGREEMENT AND RULES
    • No pet brought into the premises shall exceed 25 pounds and/or 36 inches in height when fully mature.
    • No more than two pets shall be brought on or to the premises at any time.
    • Pit Bulls, Rottweilers, Doberman Pinschers, Wolves or combinations thereof, and any dangerous, vicious, poisonous, illegal, endangered, farm or exotic animals are not permitted. Guests and or Visitors are not permitted to bring pets in the park unless otherwise authorized by the Park management. Certified disability animals are excluded from this rule. Rules regarding any sort of pets apply to any and all Guests and or Visitors.
    • Guests and or Visitors agree to comply with any state or local governmental law, regulation or ordinance governing the proper inoculation and licensing of any pet allowed to remain in the Park. Guests and or Visitors further agree to abide by any additional pet restrictions contained in the Park’s general Rules and Regulations. In the event of any conflict between this document and the general Rules and Regulations, the general Rules and Regulations shall take control.
    • Guests and or Visitors also agree to the following: 1. If a dog is allowed in the Park: a. Disturbances such as barking, snarling, growling, etc., which will annoy our neighbors is cause for revoking permission to bring pets on the property.
      b. Any dog, when not inside your RV CABIN or contained within a fenced yard (if permitted by the Park’s Rules), must be on a short leash.
      c. Regardless of the type of pet:
    • a. No pet is to invade the privacy of anyone’s RV CABIN site, flowerbeds, shrubs, yard, etc.
      b. Droppings must be picked up and disposed of daily.
    • c. No domestic pet /animal is allowed to run at large in the Park.
  • Further, Guests and or Visitors understand that he and/or she is responsible for any damage to Park property or the property of other RV’s in the Park caused by the pet, including waste and any disturbances or annoyances caused within the Park.
  • BY BEING A GUEST AND OR A VISITOR, I HEREBY ACKNOWLEDGE THAT I HAVE READ THE ABOVE PET AGREEMENT AND RULES AND FULLY AGREE TO ABIDE BY ITS TERMS AND PROVISIONS. I UNDERSTAND THAT VIOLATION OF ANY OF THESE RULES IS CAUSE FOR BEING CHARGED EXTRANEOUS FEES AND MAY BE GROUNDS FOR IMMEDIATE TERMINATION OF MY VISIT AND OR STAY WITHOUT ANY REFUND.

BEACH ACCESS RELEASE AGREEMENT

  • ALL Guests and or Visitors understand and fully appreciate the potential danger of injuries and damages which may occur with respect to use of the use of the PUBLIC BEACH or BEACH access and adjacent areas. ALL Guests and or Visitors also understand and fully appreciate that there are no lifeguards or other supervision in and about the public beach and/or any beach access area and that the park owner is not responsible for beach upkeep or any activities that take place thereon. In consideration of being permitted access (as available) to the public beach, via stairs adjacent to the resort, ALL Guests and or Visitors do hereby release, indemnify and hold harmless the WRR Park Owners, including but not limited to, its operators, employees, agents and representatives, from any and all claims of any kind, whether for damages, injuries or otherwise, resulting from the use of the public beach and/or public beach access, including but not limited to swimming in the ocean, and the adjacent areas and facilities, by myself, my spouse, my children, other members of my household (collectively “members of my family”) or my other Visitors and/or Guests, and including but not limited to invitees, permittees, licensees, or any other such persons.
  • ALL Guests and or Visitors understand that the Cabin’s decks have low open gates and must be used with caution and only with adult supervision and therefore ALL Guests and or Visitors accept full liability in the usage of the decks. NO ONE is allowed to wander anywhere outside the Cabins other than the access walkway in front of the cabin.
  • This agreement is intended as a full and complete release as to any and all claims resulting from the use of the public beach and/or beach access area, including but not limited to swimming in the ocean, and adjacent areas and facilities, and also notwithstanding California Civil Code Section 1542 which provides that: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” I acknowledge that I am familiar with Civil Code Section 1542, and that I have the right to specifically review this section with my attorney, who must explain the meaning and effect of the release set forth therein, the language of Civil Code Section 1542, and the waiver contained therein. In addition, I acknowledge that my attorney has the right to fully explain the impact of these provisions, and I knowingly fully accept the risks associated with these provisions and do hereby release the WRR Park owners and the WRR Park from any and all such claims in the future.
  • Unless a term is defined in a different manner or the context in which the term is used indicates that a different meaning is intended, the definitions contained in the Park’s current WRR Rental Pool Agreement as well as the WRR Park Rules and Regulations shall apply to the terms used in this Agreement. BY BEING A GUEST AND OR A VISITOR, I HEREBY ACKNOWLEDGE THAT I HAVE READ THE ABOVE PET AGREEMENT AND RULES AND FULLY AGREE TO ABIDE BY ITS TERMS AND PROVISIONS.
  • ATTORNEY’S FEES & COSTS.If WRR or your Host employs the services of an attorney or attorneys to enforce any terms or conditions of this Agreement, you shall be liable to WRR or your Host, as applicable, for reasonable attorney’s fees and costs incurred.
  • FALSIFIED BOOKINGS.If your booking was made under false pretense, including, but not limited to, a falsified name, age or size of party, you will be subject to immediate cancellation of your reservation, removal from the property, and forfeiture of all amounts paid.
  • LIMITED SHORT-TERM RENTAL. It is expressly understood and agreed that this is a short-term, transient vacation rental and is not a lease or other long-term residential tenancy agreement, and that the Vacation Rental is not intended to be utilized as a primary residence. This Agreement is only for the licensed use of the Vacation Rental for the stated reservation dates. It creates no property rights for you and no rights to renewal or for recurring usage. If you hold over after the expiration of your reservation dates, your extended stay, if authorized, will be from day-to-day only and will not constitute a renewal or an extension for any further term. In such case, you will be liable for paying for the additional day(s) at a rate equal to two (2) times the nightly rate set for the property on the dates of your holdover, plus the actual costs of re-accommodating future tenants that were scheduled to use the Vacation Rental during such dates. You may not sublet the Vacation Rental or any part of it and shall not assign any interest (in whole or in part) to this Agreement or any rights hereunder.
  • ARBITRATION & ARBITRATION AWARD. If you have a dispute that arises from or relates to this Agreement or the Vacation Rental, and if the dispute cannot be settled through direct discussions, you agree to submit all unresolved disputes, controversies or claims to binding arbitration in California administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, to be conducted in Los Angeles, California or virtually, if consented to by all parties. ANY AWARD OF THE ARBITRATOR AGAINST WRR CANNOT EXCEED THE TOTAL AMOUNT PAID FOR THE GUEST’S BOOKING AT ISSUE. YOU EXPRESSLY WAIVE ANY AND ALL CLAIMS IN EXCESS OF, AND AGREE THAT YOUR RECOVERY SHALL NOT EXCEED, THIS AMOUNT. Any such award shall be in satisfaction of all claims by you against WRR and or the Host. Judgment on any award rendered in such arbitration can be entered in and enforced by any court having jurisdiction.
  • LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT AND AT ANY TIME WILL YOUR HOST, WRR, OR THEIR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND/OR OWNERS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR STAY AT THE VACATION RENTAL. THIS LIMITATION APPLIES TO ALL CLAIMS FOR DAMAGES WHETHER BASED ON A THEORY OF WARRANTY, CONTRACT, TORT (INCLUDING ORDINARY NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, EVEN IF WRR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
  • CLASS ACTION & JURY TRIAL WAIVER. ANY AND ALL PROCEEDINGS TO RESOLVE CLAIMS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, THE PARTIES EACH WAIVE ANY RIGHT TO A JURY TRIAL.
  • JURISDICTION & VENUE. This Agreement is made in, and shall be governed solely by the laws of, the State of California without regard to conflict of laws principles. If for any reason a claim proceeds in court rather than arbitration, such action may only be brought in the state or federal courts in Los Angeles, California, and each party hereby submits to the exclusive jurisdiction of those courts for the purposes of any such proceeding.
  • GENERAL TERMS.If any section, clause, paragraph, or term of the Rental Agreement is held or determined to be void, invalid, or unenforceable for any reason, all other terms, clauses, or paragraphs herein shall be severed and remain in force and effect. This Agreement shall be binding on and inure to the benefit of the parties hereto and on each of their heirs, executors, administrators, successors, and assignees. This Agreement or any rights hereunder may not be assigned (in whole or in part) by you. This Agreement is taken in full compliance with federal, state, and local Fair Housing Laws, without regard to race, color, religion, sex, country of origin, handicap, or familial status. This Agreement becomes binding upon receipt of your initial payment. Sending payment constitutes your acceptance and agreement to these terms, conditions, limitations, and restrictions.