Terms and Conditions

The Program at a Glance

Kompose Key rewards guests who book directly with Kompose Hotels on the Kompose Website. The key features of the Program are summarized below for convenience; the full Terms that follow govern in all cases.

Eligibility

Individuals aged 21 and over, complimentary membership

Enrollment

Online only, on the Program Website or the Wi-Fi portal, with front desk assistance on site

Member Rate

10% off all room rates on the Kompose Website, at every Tier

Earning

100 Points per qualifying Night, for bookings made on komposehotels.com only

Tiers

Five Tiers based on Nights, status granted for life

Points

No expiry, no cash value, no transfer, merging, or gifting

Vouchers

1,000 Points for 30% off, 1,500 Points for 50% off, 2,500 Points for one Free Night; first Night only, up to $100

Contact

contact@komposekey.com

This overview is provided for convenience only. In the event of any discrepancy, the Terms below prevail.

01 Acceptance of these Terms

These Terms and Conditions (the "Terms") govern participation in the Kompose Key Loyalty Program (the "Program"). The Program is operated by Kompose Hotels and its affiliated operating entities in the United States ("Kompose," "we," "us," or "our"), administered centrally from Sarasota, Florida. The applicable operating entity for a Member will be identified upon request or as required by law. The Program is offered at participating Kompose Hotels properties in the United States, currently in Houston, Texas, and Kissimmee, Miami, and Sarasota, Florida (each a "Participating Hotel"). Additional Kompose Hotels properties, including Clearwater, Daytona, and Orlando, Florida, become Participating Hotels from the date published by Kompose on the Program Website. Each Participating Hotel is owned and operated by a separate affiliated entity, identified in the reservation confirmation for a given stay.

By enrolling in the Program, requesting or accepting a Membership, or earning or using any Program benefit, the member ("Member," "you," or "your") acknowledges that they have read, understood, and agree to be bound by these Terms, and expressly consents to the collection, use, analysis, disclosure, and transfer of their personal data as described in Section 12 and in the Kompose Hotels Privacy Policy published on each Participating Hotel's website.

The Program is separate from, and additional to, each Participating Hotel's website Terms of Service. By enrolling in the Program, every Member automatically agrees to comply with The Hotel Guest Agreement of Kompose (the “Guest Agreement”), for every future reservation and stay at any Kompose hotel, whatever the booking channel. The Guest Agreement is a separate document, incorporated into these Terms by reference, as described in Annex B. In the event of any conflict regarding a specific stay, the Guest Agreement governs that stay, except for the Member privileges granted under these Terms, which apply notwithstanding any contrary provision of the Guest Agreement; these Terms govern the Program itself.

These Terms supersede all prior terms applicable to the Program. Except where prohibited by applicable law, Kompose may amend, modify, supplement, suspend, or terminate the Program or these Terms at any time, with or without prior notice, as further described in Section 13. Continued participation after any change constitutes acceptance of the change. All interpretations of these Terms are made at the sole discretion of Kompose.

02 Definitions

• "Member" means an individual who has enrolled in and been accepted into the Program and to whom a Membership Number has been assigned.
• "Points" means the loyalty currency issued under the Program, as described in Section 6. Points have no cash or monetary value.
• "Bonus Points" means Points credited other than for a qualifying Night, including welcome, birthday, annual, and goodwill Points, as described in Section 6.
• "Night" means one (1) qualifying paid overnight stay in a room at a Participating Hotel, booked on the Kompose Website and settled in accordance with these Terms.
• "Tier" means a Membership status level (Bronze, Silver, Gold, Platinum, or Ambassador) achieved on the basis of cumulative qualifying Nights, as described in Section 7.
• "Member Rate" means the discount available to Members on room rates, as described in Section 8.
• "Reward" means a Voucher, on-property privilege, or other benefit that a Member may obtain using Points or by virtue of their Tier, as set out in Annex A.
• "Voucher" means an electronic voucher issued in exchange for Points, as described in Section 9, namely the 30% Voucher, the 50% Voucher, and the Free Night Voucher.
• "Kompose Website" means the official Kompose Hotels booking website, currently available at komposehotels.com, or any successor website designated by Kompose.
• "Program Website" means the official Kompose Key website, currently available at komposekey.komposehotels.com, or any successor website designated by Kompose.
• "OTA" means any online travel agency or third-party booking channel not owned or operated by Kompose (for example, Booking.com, Expedia, or similar platforms and their affiliates).

03 The Program

The Program is administered centrally by Kompose on behalf of the Participating Hotels, from Sarasota, Florida, and through the Program Website (komposekey.komposehotels.com). It allows Members to earn and use Points and to obtain Rewards and privileges at Participating Hotels.

The list of Participating Hotels, the Rewards available, the privileges attached to each Tier, and the number of Points required for any Reward may change at any time without notice. The current Program details are published by Kompose on the Program Website and summarized in Annex A. Kompose may introduce a dedicated Tier for Kompose team members, which will be governed by separate rules.

04 Eligibility

Membership is complimentary and open to any individual who is at least twenty-one (21) years of age, has the legal capacity to accept these Terms, provides valid and accurate personal information at enrollment, is not already a Member, and has not previously been terminated from the Program. Membership is limited to individuals; corporate, group, or joint accounts are not permitted. Kompose may decline any application for Membership at its sole discretion and without notice.

05 Enrollment and Member Account

Enrollment is available online only, through the Program Website or through the Wi-Fi portal of a Participating Hotel. A front desk agent at a Participating Hotel may assist a guest with online enrollment on site; enrollment is not available by telephone. Upon enrollment, an individual account is opened and a unique Membership Number is assigned. Membership Numbers are issued in a series beginning at 1000.

Each account is personal to the Member and non-transferable. All information in a Member's profile, including the Member's date of birth, must be valid, accurate, and kept current by the Member, and a fully completed profile is required to benefit from all privileges. Points and Night credit are earned only for eligible stays completed after the enrollment date and will not be applied retroactively to prior stays. A Member is responsible for all activity on their account and must promptly notify Kompose at contact@komposekey.com of any suspected unauthorized use.

06 Earning Points and Night Credit

Members earn one hundred (100) Points for each qualifying Night, regardless of the room rate paid. Points and Night credit are earned only where the Member is the registered, paying, and staying guest, and only for reservations booked on the Kompose Website (komposehotels.com).

Reservations made through any other channel, including by telephone, through central reservations, at the front desk of a Participating Hotel, through an OTA, or through any other third-party channel, are not eligible for Points or Night credit; no exceptions will be made. Complimentary or awarded stays do not earn Points or Night credit. Stays booked on the Kompose Website on which a Voucher is used earn Points and Night credit in the ordinary way, as set out in Section 9. Points and Night credit are earned for the Member's own room only.

If a Member believes Points or Night credit were not correctly applied, the Member must submit a written request to contact@komposekey.com within six (6) months of check-out, together with supporting documentation. Kompose may decline any request that is not supported by adequate and unaltered documentation.

Bonus Points. In addition to Points earned for qualifying Nights, Kompose may credit the following Bonus Points:

• Welcome Points. As a launch offer, each of the first ten thousand (10,000) Members to enroll in the Program receives two thousand five hundred (2,500) welcome Points, limited to one offer per person. Welcome Points are credited within ten (10) business days of enrollment.
• Birthday Points. Each Member receives one hundred (100) Points on their birthday, provided that the Member's date of birth has been entered in their profile before that date.
• Annual Points. Each Member holding the Platinum or Ambassador Tier on January 1 of a given year receives two thousand five hundred (2,500) Points on that date, equivalent to one Free Night Voucher.
• Goodwill Points. The manager of a Participating Hotel may, at their sole discretion, credit one thousand (1,000), one thousand five hundred (1,500), or two thousand five hundred (2,500) Points to a Member as a goodwill gesture in connection with the Member's stay. Goodwill Points are granted on a case-by-case basis and do not create any entitlement to further Points.

Bonus Points are subject to these Terms in the same way as Points earned from qualifying Nights, including the redemption rules in Section 9. Bonus Points do not count toward Tier qualification and never change a Member's Tier.

07 Membership Tiers: Lifetime Status

The Program has five (5) Tiers, achieved exclusively on the basis of cumulative qualifying Nights: Bronze (upon enrollment), Silver (5 Nights), Gold (15 Nights), Platinum (25 Nights), and Ambassador (50 Nights). Points, including Bonus Points, are not taken into account for Tier qualification.

The privileges attached to each Tier are set out in Annex A and may be changed by Kompose as described in Section 13.

08 Member Rate and Member Privileges

Member Rate. Members at every Tier benefit from a discount of ten percent (10%) off the publicly available room rates of the Participating Hotels for reservations booked on the Kompose Website, in which the Member is the registered guest. The Member Rate applies to the room rate only and may be combined with a Voucher, but not with any other offer, promotion, or discount.

Tier privileges. Each Tier unlocks a set of privileges and on-property benefits, summarized in Annex A. Privileges marked as subject to availability are provided only where availability permits at the relevant Participating Hotel. Kompose may add, withdraw, or modify any privilege at any time, as described in Section 13.

Wi-Fi. Complimentary high-speed Wi-Fi is available to Members at all Participating Hotels. From December 2026, an active Membership is required to access the complimentary Wi-Fi of the Participating Hotels, and guests may enroll in the Program through the Wi-Fi portal.

Early check-in and late check-out. Members holding the Gold, Platinum, or Ambassador Tier are guaranteed early check-in from 2:00 p.m. and late check-out until 2:00 p.m. Members holding the Silver Tier are guaranteed either early check-in or late check-out, at their choice, for each stay. Late check-out is not available on Sundays, for any Tier. This guarantee does not apply to the room categories listed for each Participating Hotel in Annex A, in which early check-in and late check-out remain subject to availability on the day, nor in the event of circumstances beyond the reasonable control of the Participating Hotel.

Room upgrades. Room upgrades are offered at arrival and are in all cases subject to availability: subject to availability for Gold Members, on a priority basis for Platinum Members, and to the best available room, suites included, for Ambassador Members. No compensation is due where an upgrade cannot be granted.

Any prize draw or sweepstakes referenced in Annex A is a promotional benefit governed by its own official rules published by Kompose and by applicable law, is void where prohibited, and requires no purchase where required by law. Kompose may modify or withdraw any such benefit at any time.

09 Using Points: Vouchers and Redemption

Vouchers available. Members may exchange their Points for the following Vouchers, whether the Points were earned from qualifying Nights, credited as Bonus Points, or both:

Issuance. The exchange is made exclusively on the Program Website (komposekey.komposehotels.com). The corresponding Points are deducted from the Member's account upon issuance, and the Member receives an email confirmation containing the Voucher. A Member who does not receive this confirmation must contact contact@komposekey.com.

Using a Voucher. The Member books a reservation on the Kompose Website at the Member Rate, excluding promotional and package rates, subject to availability, and presents the Voucher email at check-in together with valid photo identification. The stay is charged at the time of booking or check-in in the ordinary way. Once the Voucher has been validated by the front desk, the corresponding amount is refunded to the original method of payment. The refund is processed at check-in and is received by the Member within three (3) to seven (7) business days, depending on the Member's bank. The stay earns Points and Night credit in the ordinary way, in accordance with Section 6.

Conditions of use. Each Voucher is subject to the following conditions:

• It is valid for twelve (12) months from its date of issuance. An expired Voucher is void; it is not extended or reissued, and the Points are not recredited.
• It applies to one (1) Night only, the first Night of the stay, and may be used at any Participating Hotel, subject to availability and blackout dates.
• It is for single use only, is personal and non-transferable, and may be used only by the Member to whom it was issued, who must be the registered guest and present valid photo identification. The email address on the Voucher must match the email address of the Member account and of the reservation.
• It covers the room rate and applicable room taxes only, within the limit of $100. Resort fees, food and beverage, minibar, incidentals, and all other charges remain payable by the Member.
• Any unused value is lost and may not be carried over to another Night or stay.
• It may be combined with the 10% Member Rate, but not with any other offer, promotion, discount, or Voucher. The reservation must be booked on the Kompose Website.
• If the Voucher is lost or is not presented at the Participating Hotel during the stay, the stay is not refunded, and the Voucher is neither replaced nor reissued.
• It has no cash value, may not be sold, exchanged, or reproduced, and any duplicated, altered, reused, or fraudulently obtained Voucher is void. The use of each Voucher is recorded in the Member's guest profile.
• Stays on which a Voucher is used earn Points and Night credit, in accordance with Section 6.

Other Rewards are subject to availability, blackout dates, and any conditions published by Kompose at the time of redemption. The current list of Rewards and the Points required for each are published by Kompose and summarized in Annex A, and may be changed at any time.

The Member is responsible for any taxes that may apply to Points, Rewards, or privileges received under the Program. Points and Rewards are provided as a promotional benefit.

10 Points Do Not Expire; No Transfer, Merging, or Gifting

• No transfer. Points may not be transferred, assigned, or credited from one account to another, including between Members of the same household, family, or company.
• No merging. Accounts may not be merged, combined, or pooled, and Points held in different accounts may not be added together to reach a Reward threshold.
• No gifting. Points, Vouchers, and Rewards may not be given, donated, sold, or offered to any other person, nor used to obtain a stay for another guest.
• No exception. These restrictions apply during the Member's lifetime and upon death, and in the event of divorce, separation, or the closure of an account. Kompose will not process any request to transfer, merge, or gift Points.

Any attempt to transfer, merge, gift, or sell Points or Vouchers is void and may result in their forfeiture and in the termination of the Membership under Section 11.

11 Suspension, Cancellation, and Termination

A Member may cancel their Membership at any time by written request to contact@komposekey.com. Upon cancellation, the account is closed and all Points, Vouchers, and privileges are forfeited without compensation. Cancellation is final and cannot be reversed.

Kompose may, at its sole discretion, suspend or terminate a Membership with immediate effect, without prior notice and without being required to state a reason, in particular where Kompose believes that the Member has:

• breached these Terms or the intent of the Program, or acted in a manner inconsistent with applicable law or regulation;
• breached the Guest Agreement or the policies of any Participating Hotel, including rules on smoking, noise, occupancy, pets, parties, or the use of facilities;
• caused damage to, or committed theft at, any Participating Hotel, or been removed or evicted from any Participating Hotel;
• left any amount unpaid, carried a debit balance, or initiated an unjustified chargeback or payment dispute;
• engaged in abusive, threatening, disrespectful, harassing, disruptive, or hostile conduct toward any Kompose team member, any hotel staff, or any other guest;
• provided false or inaccurate information, held more than one account, or used another person's identity;
• misused the Program, including through the reuse, duplication, or improper use of a Voucher, or the sale or attempted sale of any Program benefit;
• engaged in fraud, dishonesty, or misconduct in connection with the account, or published false or defamatory statements about Kompose or any Participating Hotel; or
• otherwise acted in a manner that Kompose, at its sole discretion, considers contrary to the interests of the Program or of any Participating Hotel.

Kompose may suspend a Membership, and freeze the use of Points and Vouchers, while it investigates any suspected breach.

Termination results in the immediate and permanent loss of all accumulated Points, unused Vouchers, Tier status (including lifetime status), Rewards, and privileges, without any compensation. A terminated Member may not re-enroll, whether under the same or a different name, email address, or account. Kompose and the Participating Hotels may refuse any future reservation by a terminated Member. Kompose may recover the value of any benefit obtained improperly, including any amount refunded under a Voucher used improperly, and set it off against any amount owed to the Member, and the Member remains liable for any charges, costs, or damages caused. Termination is the only circumstance in which lifetime Tier status may be withdrawn.

12 Collection and Use of Personal Data

This Section describes how Kompose handles personal data in connection with the Program and should be read together with the Kompose Hotels Privacy Policy published on each Participating Hotel's website, which forms part of these Terms. Kompose handles personal data in accordance with applicable U.S. privacy laws, including the Florida Information Protection Act, the Florida Digital Bill of Rights, and the Texas Data Privacy and Security Act.

Consent. By enrolling in the Program, including through the Wi-Fi portal of a Participating Hotel, the Member expressly and knowingly consents to the collection, use, analysis, disclosure, retention, and transfer of their personal data for the purposes and in the circumstances described in this Section, including in the event of a Business Transfer.

Data we collect. In connection with the Program, Kompose may collect and record:

• identity and contact details: first name, last name, email address, telephone number, postal address, and date of birth;
• travel profile: purpose of travel (leisure or business), travel frequency, number of guests, and booking channel;
• stay and reservation history: dates, Participating Hotels visited, room types, rates paid, and length of stay;
• consumption and spending habits: on-property purchases and folio charges, food and beverage, amenities and services used, spend per stay, and redemption history;
• preferences and feedback: room, service, and communication preferences, survey responses, and reviews;
• account and Membership data: Membership Number, Tier, Points balance, Vouchers issued and used; and
• technical and usage data collected when the Member uses the Program Website, the Kompose Website, the Wi-Fi portal, or the online services of the Participating Hotels, and communications with Kompose.

Members provide this data directly at enrollment, during stays, and through their account, and Kompose may also generate it from the Member's use of the Program and of the Participating Hotels.

How we use data. Kompose uses personal data to administer the Program (including issuing Points, tracking Tier status, applying the Member Rate, and issuing and verifying Vouchers); to operate and improve stays and services; to analyze, segment, and build customer profiles; to conduct statistics and market research; to personalize offers and recommendations; to send Program information and, subject to the Member's marketing choices, newsletters and marketing communications; to detect and prevent fraud or misuse; and to comply with applicable law.

Sharing and service providers. Kompose may share personal data with the Participating Hotels, with its affiliated entities, and with service providers who process data on its behalf and under contract, including its loyalty, reservation, property management, marketing, and Wi-Fi technology providers. Kompose may also disclose data where required by law, to enforce these Terms, or to protect the rights, property, or safety of Kompose, its guests, or others.

Business Transfers. In the event of any sale, assignment, merger, contribution, reorganization, financing, or other transfer of all or part of the business or assets of Kompose, of one or more Participating Hotels, or of the Program itself (each a "Business Transfer"), Kompose may disclose, transfer, or assign the Program, Member accounts, Points, Tier status, Vouchers, and all associated personal data, including stay history, travel profile, and consumption habits, to one or more acquirers, successors, or assignees. Kompose may allocate Member accounts and data among several acquirers, in particular by transferring to the acquirer of a Participating Hotel the data relating to that hotel. Personal data may also be disclosed to prospective acquirers and their advisors during due diligence, under obligations of confidentiality. Any acquirer may continue, modify, or terminate the Program in accordance with these Terms, and the Member shall have no claim for compensation in respect of Points, Tier status, or Rewards as a result of a Business Transfer. The Member expressly consents to such transfers by enrolling in the Program.

Except in connection with a Business Transfer, Kompose does not sell Member personal data.

Newsletter and marketing choices. Members may unsubscribe from the newsletter and from any marketing communication at any time, free of charge, by using the unsubscribe link included in each message or by writing to contact@komposekey.com. Requests are processed within a reasonable time. Unsubscribing has no effect on the Membership, Points, Tier status, Vouchers, or privileges. Operational and account-related communications, such as Voucher confirmations and notices regarding these Terms, are necessary to the Program and will continue while the Membership remains active.

Security and retention. Kompose maintains reasonable administrative, technical, and physical safeguards designed to protect personal data, and retains it for as long as the account is active and thereafter for as long as needed for legitimate business, accounting, and legal purposes, including after cancellation or termination of the Membership. No system can be guaranteed to be fully secure, and Kompose cannot warrant absolute security of data transmitted online.

Member rights and responsibilities. Subject to applicable law, Members may request access to, correction of, or deletion of their personal data by writing to contact@komposekey.com. Deletion of data necessary to operate the account results in the closure of the Membership. Each Member is responsible for keeping their profile information current and for the accuracy of the data they provide.

13 Program Modification

Except where prohibited by applicable law, Kompose reserves the right at any time, with or without notice, to change, limit, modify, suspend, or cancel the Program, these Terms, the Tiers, the Member Rate, the privileges, the Rewards, the Vouchers, and the number of Points required for any Reward, even where such changes affect the value or usefulness of accumulated Points. Kompose may, among other things, increase or decrease the Points earned or required; add, withdraw, or limit any Reward or privilege; impose date or availability restrictions; and change the Participating Hotels or the conditions of participation. Members are responsible for remaining informed of the current Terms published on the Program Website.

14 Monitoring of Accounts

Kompose reserves the right to monitor any Member account at any time, without notice, to verify compliance with these Terms, including reviewing Points, qualifying Nights, Bonus Points, Vouchers issued and used, and transaction and redemption history.

Kompose may correct, adjust, reverse, or cancel any Points, Night credit, Tier status, Voucher, or Reward that was credited in error, obtained through fraud or abuse, or resulting from a technical or clerical error, at any time and without notice.

15 Disclaimers

The Program is provided on an "as is" and "as available" basis. To the fullest extent permitted by law, Kompose makes no representations or warranties of any kind, express or implied, regarding the Program, the Program Website, the Rewards, or any privilege, including as to availability, accuracy, or fitness for a particular purpose. Rewards and privileges provided by third parties are subject to the terms of those third parties, and Kompose is not responsible for their acts or omissions.

16 Limitation of Liability

To the fullest extent permitted by applicable law, Kompose, its affiliates, and their respective owners, directors, employees, agents, and suppliers will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of Points, Vouchers, Rewards, or privileges, arising out of or relating to the Program or these Terms, even if advised of the possibility of such damages. Nothing in these Terms limits liability that cannot be limited under applicable law.

17 Indemnification

The Member agrees to indemnify, defend, and hold harmless Kompose, its affiliates, and their respective owners, directors, employees, and agents from and against any claims, losses, damages, costs, and expenses (including reasonable legal fees) arising out of or resulting from the Member's use of the Program, the Member's conduct at any Participating Hotel, or any breach of these Terms.

18 Governing Law, Dispute Resolution, and Arbitration

These Terms and any dispute arising out of or relating to the Program are governed by the laws of the State of Florida, United States, without regard to its conflict-of-laws principles, and regardless of the Member's location.

Binding arbitration; waiver of class actions. Except for claims that may be brought in small-claims court and requests for injunctive relief, any dispute arising out of or relating to the Program or these Terms shall be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. Arbitration shall take place in Sarasota County, Florida, unless the arbitrator permits remote proceedings. The Member and Kompose each waive any right to a jury trial and to participate in a class, collective, or representative action. This provision governs disputes relating to the Program; disputes arising from a hotel stay or use of hotel facilities are governed by the separate arbitration provision in the applicable Guest Agreement.

Delegation. The arbitrator has exclusive authority to resolve any dispute about the interpretation, scope, or enforceability of this arbitration provision. The Federal Arbitration Act governs the interpretation and enforcement of this provision.

Opt-out. A Member may opt out of this arbitration provision by sending written notice to contact@komposekey.com within thirty (30) days of first enrolling in the Program, stating the Member's name, Membership Number, and intent to opt out. A Member who opts out remains bound by the other provisions of these Terms, including the choice of Florida law and Sarasota County venue. The allocation of arbitration fees is governed by the AAA Consumer Arbitration Rules.

No class or mass arbitration. Claims may not be consolidated or joined with those of any other person without the consent of all parties. If the waiver of class, collective, or representative actions is found unenforceable, then this entire arbitration provision shall be null and void, but the remainder of these Terms shall continue to apply.

For any matter not subject to arbitration, the Member and Kompose submit to the exclusive jurisdiction of the state and federal courts located in Sarasota County, Florida, and waive any objection to venue or forum. Because Participating Hotels are located in more than one U.S. state, disputes arising from a specific stay may instead be governed by the law and venue of the state where that Participating Hotel is located, as set out in the applicable Guest Agreement (for example, Texas law and Harris County, Texas, for the Houston property). These Terms have been drawn up in English.

19 General Provisions

If any provision of these Terms is held unenforceable or invalid, it will be enforced to the maximum extent permitted, and the remaining provisions will remain in full force. Kompose's failure to enforce any provision is not a waiver of that provision. The Member may not assign their Membership or any rights under these Terms; Kompose may assign these Terms, in whole or in part, including in connection with a Business Transfer. These Terms constitute the entire agreement between the Member and Kompose regarding the Program and supersede any prior understanding. Section headings are for convenience only. The data transfer, disclaimer, limitation of liability, indemnification, governing law, and interpretation provisions survive termination of the Membership or the Program.

20 Contact

For any question, request, or claim relating to the Program, including Points, Vouchers, personal data, unsubscribing, cancellation, or arbitration opt-out: Kompose Key Member Services, contact@komposekey.com. Program Website: komposekey.komposehotels.com. Postal address: Kompose Hotels, 965 University Parkway, Sarasota, FL 34234, United States.

Annex A Member Privileges by Tier

Tier privileges may evolve and are published by Kompose

This table is provided for reference and forms part of the Program materials. Privileges and Rewards may vary slightly by Participating Hotel, and certain privileges and Rewards are subject to availability. Kompose may amend this table at any time under Section 13 without amending the body of these Terms.

Swipe sideways to see every tier.

Annex B Guest Agreement

A commitment that applies to every stay at a Kompose hotel

The Hotel Guest Agreement (the “Guest Agreement”) sets out the rules that apply to every stay at a Kompose hotel. It is a separate document from these Terms, to which it is attached by reference. Its acceptance is a condition of Membership.

• Automatic acceptance. By enrolling in the Program, every Member automatically and expressly agrees to comply with the Guest Agreement, without any further signature or formality, for as long as the Membership remains active.
• Every future stay. The commitment applies to every future reservation and stay at any Kompose hotel, whatever the booking channel (Kompose Website, telephone, front desk, OTA, or any other channel), and whether or not the stay earns Points or Night credit.
• Content. The Guest Agreement covers, in particular, reservations, check-in and check-out, payment and deposits, damage and incidentals, guest conduct, noise, smoking and pet policies, the use of rooms and hotel facilities, and the dispute resolution and arbitration agreement set out in its Section 57. For the Texas hotels, it is supplemented by a Texas Addendum, which forms an integral part of it.
• Responsibility for companions. As the registered guest, the Member is responsible for compliance with the Guest Agreement by all persons staying in their room or invited onto the property.
• Member privileges. The privileges granted to Members under these Terms and Annex A, including guaranteed early check-in and late check-out, apply notwithstanding any contrary provision of the Guest Agreement, in particular the conditions and fees set out in its Section 4.
• Precedence. For all other matters, the Guest Agreement governs each stay, and these Terms govern the Program itself. The version of the Guest Agreement in effect at check-in applies to that stay.
• Access to the Guest Agreement. The full text of the Guest Agreement is reproduced at the end of this document and is available online at kapserverone.jotform.com/250984954826170. It is also accessible via the QR code printed on each room key and displayed throughout each hotel, and a copy is provided by the front desk upon request. The English version is the only binding version.
• Breach. Any breach of the Guest Agreement may result in the measures it provides for, including the refusal of future reservations in the event of repeated violations (Section 15), as well as the suspension or termination of the Membership and the forfeiture of Points, Vouchers, and Tier status, as described in Section 11 of these Terms.

01 Applicability of Guest Agreement

This Guest Agreement applies specifically to the hotel where the guest is staying. However, as this agreement is standardized and used across multiple hotels, certain clauses related to amenities may not be applicable to the hotel where you are staying.

Amenity-Specific Clauses: Clauses referencing amenities such as pools, gyms, spas, or other facilities will apply only if those amenities are available at the specific hotel where you are staying. Guests are encouraged to confirm the availability of amenities with the hotel directly.

Universal Clauses: All other clauses in this Guest Agreement are consistent across all our hotels and remain fully applicable at all times, regardless of the location.

Jurisdiction- Specific Addendum – Texas:

For guests staying at any property operated by The Hotel within the State of Texas, a separate Texas Addendum has been created to comply with applicable state and local laws. This Texas Addendum modifies and supplements the Guest Agreement as required by law and is hereby incorporated by reference into this Agreement. It forms a binding and enforceable part of the Guest Agreement for all guests staying at The Hotel’s Texas locations.

By staying at the hotel, the guest acknowledges and agrees to these terms.

1.1 Texas-Specific Terms and Legal Compliance

For guests staying at any property operated by The Hotel located within the State of Texas, this Guest Agreement is supplemented by a Texas Addendum, which modifies or adds specific terms to comply with applicable Texas laws, regulations, and public policy.

The Texas Addendum is made available at the front desk, via QR code on room keys and may also be requested by email. It is hereby incorporated by reference and shall be considered an integral and binding part of this Guest Agreement for all guests staying at Texas-based Hotel properties. In the event of a conflict between this Guest Agreement and the Texas Addendum, the terms of the Addendum shall prevail solely to the extent required by Texas law.

By entering, staying at, or using the facilities of any Texas property operated by The Hotel, the guest acknowledges and agrees to be bound by the terms of both this Guest Agreement and the Texas Addendum.

02 Guest Definition

For the purposes of this agreement, a Guest refers to the individual whose name is on the reservation and who presents a valid U.S. government-issued ID or a passport (for foreign guests) at check-in to obtain a key card. This individual is responsible for themselves and all persons they invite into The Hotel and/or those staying in their room, including minors, whether they are family members or not.

Additionally, every individual staying in the room must be listed as a registered guest under the reservation.

If, for any reason, a The Hotel employee fails to verify a valid ID at check-in or during the stay, the person staying in The Hotel under the reservation shall still be considered a Guest for all purposes under this agreement. This applies to all rules, responsibilities, and liabilities, including any incidents, damages, or violations of hotel policies.

Registered Guests have the same status as the primary Guest and are subject to the same rules, responsibilities, and liabilities. If any incident, damage, or violation of hotel policies occurs due to the actions of a registered guest, they, along with the primary Guest, will be held jointly responsible and liable.

Only registered guests with valid photo identification will be issued additional key cards or allowed access to hotel rooms by hotel management if a key card is misplaced or lost.

03 Facility Use and Agreement Acceptance Clause

All individuals who enter or use any facilities of The Hotel, including but not limited to common areas, the pool, the gym, or dining facilities, are deemed to have accepted and are bound by the terms of this Guest Agreement, whether or not they are listed on the reservation or have signed this agreement. This includes all policies, responsibilities, and liabilities outlined herein. Notice of the guest agreement is made available via QR code printed on each key room and displayed throughout The Hotel, and it is the responsibility of all individuals to comply.

Registered guests are responsible for informing any individuals they invite or allow onto the property—who may not receive a room key—of the existence and applicability of this Guest Agreement.

04 Reservation, Check-In and Check-Out

Age Requirement: Guests must be 21 years of age or older to check in. Exceptions may be made for guests under 21 only with prior written agreement directly with The Hotel.

Identification: Only a Guest, as defined in this agreement, will be issued a key card upon presenting valid identification.

Check-In Time: Check-in time is at 4 PM. Early check-in is subject to availability and may incur additional charges.

Early Check-In: (subject to availability; on-site requests only): Early check-in is not guaranteed and is handled at the front desk on the day of arrival based on room availability and housekeeping status. If accommodated, the following fees apply per room, plus applicable taxes, payable at the desk when granted:

• $75 + tax for check-ins before 10:00 AM
• $45 + tax for check-ins between 10:00 AM and 2:00 PM
• $15 + tax for check-ins between 2:00 PM and 4:00 PM

These rates apply only to guests who arrive at the front desk and request early check-in on site. No fee is charged if early check-in cannot be accommodated.

Check-Out Time: Check-out time is at 11 AM. Guests who fail to check out by this time may be subject to penalties. Late check-out is subject to availability and may incur additional charges.

Late Check-Out: (subject to availability; on-site requests only): Late check-out is not guaranteed and is handled at the front desk on the day of departure based on room availability and housekeeping status. If accommodated, the following fee applies per room, plus applicable taxes, payable at the desk when granted:

• $35 + tax for check-outs up to 2:00 PM

No extensions beyond 2:00 PM are available. Guests must vacate the room by 2:00 PM. Occupancy after 2:00 PM will be charged as an additional night at the prevailing rate and may result in key deactivation and removal of belongings per hotel policy. No fee is charged if late check-out cannot be accommodated.

Late Arrival: Guests are required to check-in by midnight on their scheduled arrival date. Failure to do so will result in automatic cancellation of the reservation, and no refund will be issued. For multi-day stays, if the guest fails to check in before midnight on the scheduled arrival date, it will be considered a no-show, and the entire stay will be canceled. Exceptions will be made only if the guest has contacted The Hotel directly to inform them of a late arrival.

Credit Card Holder Requirement: The credit card used for any payment at the property, including incidental charges, must match the name on the reservation. If the credit card name, use for the online reservation, does not match the reservation, the individual listed on the reservation need to use their own card for payment of any remaining balance or incidental charges at the property.

Reservation Transfer Prohibited: Reservations are non-transferable. Guests may not resell, assign, or otherwise transfer their reservation to another party without prior written approval from Hotel management or third party website on which the reservation had been made. Any such attempt may result in cancellation without refund.

Payment Terms: For the purposes of this agreement, the term "credit card" refers to any type of card used for payment, including but not limited to credit cards, debit cards. This definition applies throughout the agreement.

05 Room information

Room Requests: Adjacent rooms, connecting rooms, specific room locations, and types of rooms or bedding are on a “request basis only” and are subject to availability at the time of check-in. These requests may result in additional charges to be paid at check-in.

Right to Enter: Please be advised that, notwithstanding your use of a sign on your door, a request by you to forgo housekeeping services or any other request made by you, The Hotel and its staff reserve the right to enter your room for any purpose including, but not limited to, performing maintenance and repairs or checking on the safety and security of guests and property. The Hotel staff will give reasonable notice prior to entry by knocking and announcing the intent to enter the room.

Policy Enforcement Entry: In addition to maintenance and safety checks, The Hotel reserves the right to enter a guest room without prior notice if there is reasonable suspicion of policy violations, including but not limited to unauthorized smoking, the presence of non-registered guests, or prohibited activity. Hotel staff will always knock and announce their intent before entering unless there is an emergency.

Accommodation Changes: The Hotel reserves the right to accommodate guests in a comparable or upgraded hotel room if the reserved room is not available.

Overbooking Policy: In the event of an issue that causes overbooking, The Hotel sincerely apologizes for the inconvenience. The guest will be fully reimbursed for his reservation.

Maximum Stay: The maximum continuous stay for any guest at any single The Hotel is 28 days. A guest wishing to rebook a stay in the same hotel after an initial 28-day stay (whether done through one or multiple reservations), cannot book another stay at the same hotel for a period of 28 days after the initial stay.

For stays longer than 7 days, mandatory deep cleaning of the room will be conducted on the 7th day to ensure the highest standards of cleanliness and comfort. For stays exceeding 14 days, the guest will be required to switch rooms at the 14-day mark to allow hotel management to perform a thorough deep cleaning. These measures are intended to maintain a clean and comfortable environment throughout the guest's extended stay.

For some stays exceeding 7 days, the guest may be required to sign a Transient Guest Agreement, reaffirming the temporary nature of the stay and acknowledging compliance with all hotel policies.

Reservation Rights: The Hotel reserves the right to decline, accept, retain, or cancel any reservation or any guest, subject to applicable law, at any time and for any reason, including but not limited to, a mistake or error in price or description of The Hotel, or where it appears that a guest has engaged in fraudulent or misleading activity in making the reservation.

No Tenancy Rights: Under no circumstances shall any guest be entitled to obtain tenancy or any other property rights by staying at The Hotel, regardless of the length of their stay.

Address Use Prohibition: The Hotel’s address cannot be used by any guest as a mailing address, home address, or for any other residential purpose under any circumstances.

06 Damage and Incidentals

Identification and Responsibility: The person whose name is on the reservation must present a valid ID at check-in and is responsible for all individuals they invite into The Hotel and/or those staying in their room, including minors, whether they are family members or not.

Guest Responsibility: Guests are responsible for any damage to the room or hotel property during their stay. A valid credit card must be provided at check-in to cover any potential damages or incidentals. The credit card must match the name on the physical ID presented at check-in.

Charges for Damages and Loss of Income: The Hotel reserves the right to charge for any damages or extra cleaning required after the guest's departure. In addition, if the damage caused by the guest prevents the room from being rented until repairs are completed, the guest will be responsible for compensating The Hotel for any loss of income during the period the room is out of service. This includes, but is not limited to, damages that require extended time for repairs such as broken mirrors, sinks, furniture, or structural damage. Charges for such losses will be based on the standard room rate for each day the room remains unavailable, as well as any labor costs associated with the repairs.

Streaming Device Replacement Fee. Certain guest rooms include a Roku™ streaming device. If any Roku device is missing, removed, or damaged beyond normal wear at checkout, a $150 replacement fee per device will be charged to the card on file, in addition to any applicable labor or out-of-service charges.

07 Prohibition of Commercial Activities

Guest Responsibility: The guest acknowledges that The Hotel rooms and facilities are intended for personal use and not for conducting any form of commercial activities. Engaging in any business transactions or activities is strictly prohibited. Charges for Violations: Violations of this policy may result in immediate eviction without refund and the involvement of local authorities if necessary.

08 Payment and Deposit

Credit Card Holder Requirement: The credit card used for any payment at the property, including incidental charges, must match the name on the reservation. If the credit card name, use for the online reservation, does not match the reservation, the individual listed on the reservation need to use their own card for payment of any remaining balance or incidental charges at the property.

Full Payment on Arrival: The guest's credit card will be charged for the full amount of their stay upon arrival except if the full amount was already charged at the time of booking.

Incidentals Authorization: A $200 incidental authorization is processes per booking at check- in. This authorization cannot be transferred or applied to future or separate reservations, even if made under the same guest’s name or payment method. This authorization must be placed on a single card, and we cannot split the incidental deposit or other charges across multiple cards. If the authorization is declined, an alternative form of payment must be provided to avoid cancellation of the reservation.

Full Payment Requirement: If the guest cannot pay the full amount, including the incidentals, at the time of arrival, the reservation will be canceled.

Incidentals Policy: The $200 incidental authorization processed at check-in covers any potential damages, missing items, or unpaid charges during the guest’s stay. Upon checkout, if no damages or additional charges are identified, the authorization will be released or refunded, depending on the guest's financial institution timeline. However, if damages or unpaid charges are found, The Hotel reserves the right to charge the card on file for the cost of repairs or replacement. By completing check-in, the guest agrees to this authorization and acknowledges that disputed chargebacks for valid incidentals may be pursued legally or through third-party collection efforts if the charge is reversed. Package handling/storage fees (including $5 per package after the complimentary allowance) are treated as incidentals and may be charged to the card on file after departure. Replacement fees (e.g., $150 for a missing Roku™ device) are treated as incidentals under this policy and may be charged after departure.

Local Taxes and Fees: Guests are responsible for all applicable federal, state, and local taxes, charges, and fees imposed in connection with their stay. These may include, but are not limited to, hotel occupancy taxes, tourist development taxes, convention or municipal lodging taxes, or other location-specific levies required by law. Such taxes and fees are automatically applied to the guest’s folio and are non-negotiable.

The specific tax rates and applicable laws may vary depending on the location of the hotel. Guests staying in jurisdictions such as Texas or Florida are subject to all corresponding state and local taxes, including but not limited to:

• Florida: Sales and tourist development taxes as provided under Chapter 212, Florida Statutes;
• Texas: Hotel occupancy taxes under Chapter 156, Texas Tax Code, plus applicable local city or county taxes.

By booking and staying at any property operated by The Hotel, the guest acknowledges and agrees to pay all such taxes and fees in accordance with the law of the jurisdiction in which the hotel is located.

09 Credit Card Authorization and Chargeback Policy

By providing your credit card information and booking a stay at The Hotel, you authorize The Hotel to charge your credit card for the full amount of your reservation, including any applicable taxes, fees, and incidental charges incurred during your stay.

Chargeback Prevention: You agree that any disputes related to charges on your credit card must be addressed directly with The Hotel in writing by certified mail to the address of the hotel to the attention of the Legal Department before initiating a chargeback request with your credit card issuer. The Hotel reserves the right to provide documentation, including but not limited to this guest agreement and any signed receipts or records of your stay, to your credit card issuer to contest any chargebacks.

Non-Refundable Charges: Certain charges, such as non-refundable rates or fees, are not eligible for chargebacks, except when authorized by applicable law. By agreeing to these terms, you acknowledge and accept that chargebacks initiated for these charges are invalid and will be vigorously contested by The Hotel. Any attempts to dispute these charges may result in further legal action to recover the owed amount.

Cancellation Policy: You agree to adhere to The Hotel’s cancellation policy as outlined at the time of booking. Any charges applied in accordance with this policy are final and non- refundable.

Incidentals and Damages: You authorize The Hotel to charge your credit card for any damages or incidentals incurred during your stay.

10 Cancellation Policy

No Refunds: No refunds are given for cancellation of the room or any add-on purchase. The guest is responsible for the full amount of their stay. By completing your booking, you acknowledge and agree to this policy.

Late Arrival: Guests are required to check-in by midnight on their scheduled arrival date. Failure to do so will result in automatic cancellation of the reservation, and no refund will be issued. For multi-day stays, if the guest fails to check in before midnight on the scheduled arrival date, it will be considered a no-show, and the entire stay will be canceled and non- refundable. Exceptions will be made only if the guest has contacted The Hotel directly to inform them of a late arrival.

No-Shows and Early Departures: No-shows or early departures are non-refundable.

11 Accessibility and Inclusivity

Accessibility Statement: The Hotel is committed to providing an inclusive and accessible experience for all our guests. Our facilities and services comply with the requirements of the Americans with Disabilities Act (ADA) and the Florida Accessibility Code.

Accessible Accommodations: Guests with disabilities who require accessible accommodations can request specific information and assistance from The Hotel staff. This includes inquiries about accessible room availability, bedding options, amenities, restrictions, and advance reservation notice requirements.

Availability: All accommodations are subject to availability.

Public Areas: All public areas within our hotel, including the lobby, restaurant, pool, and meeting rooms, are accessible to guests with disabilities. Ramps, elevators, and accessible seating are available for your convenience.

Service Animals: Service animals are welcome at The Hotel. Guests accompanied by service animals have access to all areas of The Hotel that are open to the public. However, service animals are not permitted to enter the pool water or the drained area of any interactive water feature to ensure the health and safety of all guests.

Emotional Support Animal Restrictions: While The Hotel strives to accommodate all guests, it is important to note that emotional support animals do not have the same legal access rights as service animals under the Americans with Disabilities Act. As such, emotional support animals are not permitted in certain areas of The Hotel, including restaurants and pool areas. These restrictions are in place to maintain health and safety standards, as well as to comply with local, state, and federal regulations. Guests with emotional support animals are encouraged to use other designated pet-friendly areas within The Hotel. For further assistance, please contact our staff.

Auxiliary Aids and Services: We provide, upon availability, auxiliary aids and services to ensure effective communication with guests with disabilities. This includes, but is not limited to, TTY devices, visual alarms, and accessible website information. Please contact our front desk for assistance with specific needs.

Booking Accessible Rooms: Our reservation system allows you to book accessible rooms directly. If you have any questions or need assistance, please contact the front desk of The Hotel directly.

12 Luggage Policy

Luggage Limit: To maintain a safe and comfortable environment for all guests, each guest is permitted to bring up to two standard-sized pieces of luggage (e.g., suitcases, duffle bags) and two personal items (e.g., a backpack, purse) for their stay at The Hotel. The Hotel may refuse to accommodate any additional luggage due to space constraints, and guests are expected to comply with this limit.

Prohibited Items: For safety, cleanliness, and to ensure the best experience for all guests, non- luggage items such as, but not limited to, trash bags, storage bins, oversized personal belongings, or any other large items unrelated to the guest's stay are prohibited. The Hotel reserves the right to determine whether an item violates this policy.

Right to Refuse Entry: Guests who do not comply with this luggage policy may be refused entry or denied check-in. Failure to adhere to this policy may result in the cancellation of the reservation without a refund.

Enforcement and Compliance: Any guest arriving with luggage or items that exceed the established limits may result in the cancellation of the reservation. Guests who do not comply with the policy will not be permitted to stay at The Hotel. Repeated violations may also result in denial of future bookings.

13 Guest Conduct, Dress and Appearance

Hotel Rules and Regulations: Guests must comply with all hotel rules and regulations. Any disruptive behavior or illegal activities will result in immediate eviction without refund.

Supervision of Minors: Guests are responsible for the adequate supervision and actions of all children who accompany them as part of their reservation, including ensuring that they abide by all the terms and conditions of this Agreement as well as any applicable rules and terms that apply to equipment and amenities.

Dress Code: Guests are required to maintain a neat, clean, and non-offensive appearance with shirts and shoes worn at all times within The Hotel. In the pool area, appropriate swimwear must be worn at all times. Swimwear should be suitable for a family-friendly environment and comply with general standards of decency. Guests are expected to wear cover-ups or clothing when transitioning to and from the pool area.

Refusal of Service: The Hotel reserves the right to refuse service to any individual whose presence or behavior may compromise the safety, comfort, or well-being of other guests or staff. This includes, but is not limited to, individuals with a documented history of violent behavior or those who are listed on a sexual offender registry, where their presence is deemed to pose a reasonable risk. If a guest's criminal history, behavior, or other concerning actions become known after check-in and are deemed to create a significant risk to the safety of others, The Hotel reserves the right to cancel the guest’s reservation and require immediate departure from the premises.

Respectful Conduct: Guests are expected to be courteous and respectful in their interactions with hotel staff and other guests. This includes maintaining a polite and considerate demeanor in both actions and speech. Any form of verbal or physical abuse, harassment, or disrespectful behavior will not be tolerated and may result in eviction from the premises without refund.

Events and Gatherings: Any event, gathering, party, or group activity hosted in guest rooms, public areas, or meeting spaces must be approved in advance in writing by Hotel management. Unauthorized gatherings are prohibited and may result in immediate termination of the reservation without refund. Guests hosting approved events remain fully liable for any damages or disturbances caused by their attendees.

Photo and Video Restrictions: Guests may not film or photograph other guests or hotel staff without their explicit consent. Commercial or promotional photography or filming on hotel premises is strictly prohibited without prior written permission from Hotel management. Unauthorized recording, photography, or posting of images or videos taken on the property may result in removal from The Hotel and legal action where appropriate.

In addition to enforcement by The Hotel, any individual who is filmed or photographed without consent reserves the right to pursue legal remedies directly against the offending party.

The Hotel is not responsible or liable for the actions of guests or third parties who engage in unauthorized photography, recording, or distribution of content. Any harm or damages resulting from such actions are the sole responsibility of the person who created or distributed the content.

14 Medical Recovery and Use of Premises

Purpose of Stay. The Hotel is a lodging facility intended for leisure and business travel. The Hotel is not a medical or post-surgical recovery facility and does not provide nursing, caregiving, or clinical services. Guest rooms may be used for lodging purposes only.

Prohibited Medical Activities. To protect all guests and staff, the following are strictly prohibited anywhere on Hotel premises:

• Medical or post-surgical procedures, treatments, or therapies;
• Disposal of sharps, tubing, dressings, or other clinical or biohazardous waste in Hotel trash receptacles;
• Requests for Hotel staff to provide medical assistance, caregiving, or personal health services of any kind.

Attire and Conduct. For the comfort of all guests, appropriate attire is required in common areas (including lobbies, hallways, elevators, food and beverage outlets, pool, and fitness areas). Guests may not appear in common areas wearing robes, surgical garments, or with visible bandages, drains, or medical devices.

Room Inspection. If Hotel staff have a reasonable belief that a guest room is being used in violation of this policy (including for medical recovery activities, improper disposal of medical waste, or conduct disturbing other guests), the Hotel reserves the right to enter the room for inspection. Staff will follow a respectful process, including: (i) knocking and announcing presence several times; (ii) waiting a reasonable period for a response; and (iii) entering only as necessary to confirm compliance, document violations, or protect health and safety.

Cleaning, Biohazard, and Damage Fees. If a room requires specialized cleaning or remediation due to medical waste, bodily fluids, or contamination, the Hotel may charge: (i) a Biohazard Remediation Fee of not less than $400, or the actual third-party cost if higher; (ii) the cost of repairing or replacing contaminated linens, mattresses, furniture, or fixtures; and (iii) Out-of- Service Charges equal to the nightly room rate for each night the room must be removed from inventory.

Enforcement. The Hotel may deny accommodations, remove any guest without refund, and charge applicable fees if these rules are violated, if a room inspection confirms a violation, or if a guest’s conduct creates a disturbance, sanitation concern, or safety risk.

15 Repeated Violations

Repeated violations of the Guest Agreement, including but not limited to failure to comply with hotel policies, may result in The Hotel denying the guest future bookings. In accordance with Florida Statutes Chapter 509, The Hotel reserves the right to refuse reservations or accommodations to individuals who have demonstrated a pattern of non-compliance with the terms outlined in this agreement.

16 Policy on Removal of Hotel Property

Guest Responsibility: Guests are responsible for ensuring that all items provided by The Hotel remain in the room upon check-out. This includes, but is not limited to, towels, sheets, pillows, plates, glasses, remote controls, streaming device and other amenities.

Charges for Missing Items: If any items are found to be missing from the room after the guest's departure, the cost of the missing items will be charged to the credit card on file. The charges will be based on the replacement cost of the items, including any associated labor costs Missing or unreturned electronics including Roku™ streaming devices, will incur the following replacement fee: Roku streaming device — $150 per device. This charge will be applied to the card on file.

Agreement to Terms: By staying at The Hotel, guests agree to these terms and understand that taking any items from The Hotel will result in charges to their account.

17 Surveillance and Security

CCTV Monitoring: The Hotel premises are monitored by closed-circuit television (CCTV) in public and common areas for security purposes. Guests consent to this surveillance as outlined in our privacy policy. Facial recognition technology may be utilized for security and identification, in compliance with applicable data privacy laws and standards.

Consent to Surveillance: By agreeing to these guest agreement and privacy policy, guests acknowledge and consent to CCTV cameras in operation within The Hotel premises, capturing footage of guests and their visitors. Images may be processed by artificial intelligence for facial recognition purposes solely for security and identification within The Hotel. This processing is conducted with the utmost regard for privacy and data protection laws, and any facial data may be associated with a guest’s name for internal security purposes.

Data Retention: CCTV footage and facial recognition data are retained until the storage device reaches capacity or until it meets our internal security and operational needs. Footage is kept only as long as necessary for security purposes. In the event of an investigation, specific legal requirements, or other internal purposes, footage may be retained for an extended period as necessary. Once storage capacity is reached, the footage is no longer needed, or the extended retention period has ended, it is securely and permanently deleted.

Access to Footage: For the security and privacy of all guests, The Hotel is not authorized to share CCTV footage with guests or unauthorized individuals. Hotel management may review footage for internal investigations as necessary. Law enforcement authorities may request access to footage solely for official investigations, and such requests will be handled in compliance with applicable legal requirements.

18 Internet & Wi-Fi Usage

The Hotel provides Internet access, including Wi-Fi (“Service”), as a convenience to guests. Use of the Service is subject to the Hotel’s Wi-Fi Terms & Conditions, which are incorporated by reference into this Guest Agreement and are available through the network login page and upon request at the front desk. By using the Service, the Guest acknowledges that they have read, understood, and agreed to be bound by those Terms & Conditions.

All provisions of this Guest Agreement, including but not limited to dispute resolution, mandatory arbitration, and the waiver of the right to a trial by jury or to participate in a court trial, apply equally to any disputes or claims arising from or relating to the use of the Service.

19 Pet Policy

Definition: The Hotel defines "pets" as dogs, which are the only animals permitted on hotel premises. No other animals—including but not limited to cats, birds, reptiles, or exotic pets—are allowed. Guests who attempt to bring unauthorized animals onto the property will be in violation of this policy and may be asked to vacate the premises without refund. The guest shall be held fully liable for any damages, cleaning, or other costs resulting from such violations, and the associated charges will be applied to the credit card on file.

Pet Fee: Dogs weighing less than 50 lbs are permitted at The Hotel with a non-refundable pet fee of $99 plus applicable taxes per stay. A maximum of two (2) pets per room is allowed.

Responsibility for Pets: Guests are fully responsible for their pets at all times, including any property damage, personal injury, or disturbances caused by the pet. Guests must clean up after their pets both inside and outside the premises and dispose of waste appropriately.

Unattended Pets: Pets must not be left unattended in guest rooms at any time. Any unattended pet may be reported to and removed by local animal services at the discretion of hotel management. Violation of this policy may result in immediate eviction without refund.

Compliance with Local Laws: Guests are required to comply with all applicable local, state, and federal laws and regulations regarding pet ownership, including but not limited to vaccination, licensing, and leash laws.

Leash and Supervision Requirement: Pets must be leashed, restrained, and under the control of a responsible adult at all times while in public or common areas of The Hotel.

Restricted Areas: Pets are strictly prohibited from entering certain areas of The Hotel, including but not limited to food and beverage outlets, the pool area, the lazy river, the pickleball courts, and the fitness center.

Pet Waste Clean-Up: Guests must clean up and properly dispose of all pet waste in both indoor and outdoor hotel areas. Failure to do so may result in additional charges and/or eviction.

Liability and Indemnification: Guests assume full responsibility for all personal injury and/or property damage caused by their pets. By bringing a pet onto the premises, guests agree to indemnify and hold harmless The Hotel, its owners, operators, and affiliates from any claims, damages, or liabilities arising out of or related to their pet(s).

Room Inspections: The Hotel reserves the right to inspect any room occupied by a pet at any time during the stay to ensure compliance with this policy. Hotel staff will provide reasonable notice by knocking and announcing before entering the room.

Noisy or Disruptive Pets: Pets that are excessively noisy, aggressive, or disruptive may result in the guest being required to remove the pet from the premises or vacate The Hotel without refund.

Non-Compliance and Penalties: Failure to comply with any portion of this Pet Policy may result in eviction, additional cleaning or damage fees, or legal action if warranted.

Pet Disturbance Fee: A disturbance fee of up to $250 may be applied if a pet causes excessive noise, disrupts other guests, or if the guest otherwise fails to adhere to this section. This fee is assessed at the discretion of hotel management and will be charged to the card on file.

Other Animals in Emergency Situations: In exceptional or emergency circumstances, The Hotel may allow animals other than dogs on the premises, solely at the discretion of hotel management. The same rules, restrictions, and fees applicable to dogs will apply. Guests evacuating with pets are encouraged to consult local authorities for designated pet-friendly shelters in case The Hotel cannot accommodate their animals.

Binding Agreement and Acknowledgment: Guests are required to notify the front desk if they are traveling with a pet upon check-in or at the time the pet is brought onto the premises. Guests may be asked to sign a Pet Agreement form; however, whether signed or not, this Pet Policy and the terms stated herein shall be binding and enforceable by default.

At this time, dogs are not allowed at The Hotel; however, this policy will be changing soon. Service dogs are permitted and must adhere to the guidelines outlined below.

20 Service and Emotional Support Animal Policies

Service Animals: The Hotel welcomes guests with disabilities and their service animals. Service animals are allowed in all areas of The Hotel where guests are typically allowed to go, including dining areas and public spaces. However, service animals are not permitted to enter the pool water or the drained area of any interactive water feature to ensure the health and safety of all guests. Guests are responsible for the behavior and control of their service animals at all times.

Any damage caused by the service animal will be the responsibility of the guest, and standard damage fees will apply.

Guest Notification and Binding Agreement for Service Animals: Guests are required to inform The Hotel if they have a service animal upon check-in or as soon as the service animal is brought onto the premises. Guests may be required to sign a Service Animal Agreement form upon check-in or when bringing a service animal onto the premises. This signed form will be legally binding. If the guest does not sign the form, the standard policy and terms outlined in the clause below will apply in the event of damage caused by the service animal. This is not a pet fee but a damage fee (up to $250), as the guest is fully responsible for any damage caused by their service animal. The fee will be charged on the credit card used at check-in. These terms will remain in effect and binding on the guest by default.

Emotional Support Animals: Emotional support animals are subject to The Hotel's standard pet policy, so are not allowed for now. This includes restrictions on access to certain areas such as restaurants and pool areas. Emotional support animals are not permitted in these areas to maintain health and safety standards. Guests with emotional support animals are required to adhere to all pet policies, including payment of any applicable pet fees. For further assistance, please contact our staff.

21 Noise Policy

Quiet Hours: To ensure a peaceful environment for all guests, quiet hours are in effect from 10:00 PM to 8:00 AM. During these hours, guests are expected to keep noise to a minimum to avoid disturbing others.

Noise Levels: At all times, noise levels must be kept to a respectful level. This includes noise from televisions, music, conversations, and any other activities that may be disruptive to other guests. Use of personal speakers is strictly prohibited on property.

Parties and Gatherings: Parties and gatherings that result in excessive noise are strictly prohibited. Any such events must receive prior written approval from The Hotel management and will be subject to specific guidelines to ensure minimal disruption to other guests. Failure to comply with these guidelines may result in the event being shut down, and the guest may be held responsible for any disturbances or damages caused.

Complaints: Guests are encouraged to report any excessive noise to the front desk. Our staff will promptly address any noise complaints to ensure a comfortable stay for all guests.

Consequences of Violation: Violation of the noise policy may result in:

• A warning issued by Hotel staff.
• Additional charges to cover any disruptions caused.
• Immediate termination of the stay without a refund, depending on the severity and frequency of the violations.

Noise-Sensitive Areas: Certain areas of The Hotel, such as designated quiet zones or floors, may have stricter noise policies. Guests are required to adhere to these additional guidelines when staying in or near these areas.

Responsibility: Guests are responsible for ensuring that their visitors also comply with the noise policy. Any disturbances caused by guests or their visitors will be the responsibility of the registered guest.

22 Smoking Policy

Non-Smoking Property: The Hotel is a non-smoking property and environment. This includes guest rooms, balconies, common areas, patios, and within 50 feet of any public entrance.

Smoking Fee: A $250 fee will be charged to guests and/or visitors of guests found smoking in The Hotel, including guest rooms, balconies, common areas, and patios. The fee will be charged on the credit card used at check-in.

Prohibited Substances: The smoking prohibition includes, but is not limited to, tobacco, marijuana, e-cigarettes, vape pens, and hookahs. This applies to all areas of The Hotel, including balconies, patios, hallways, lounges, fitness centers, or other amenity areas.

Designated Smoking Areas: Designated outdoor smoking areas are available 50 feet away from the building and are the only places where smoking is allowed. Please check with hotel staff to learn where the designated smoking areas are located.

Sensors: We may operate marijuana and tobacco sensors at our properties to enforce this rule. By staying with us, you consent to the presence of these sensors. Tampering with or removal of these sensors is a violation of this Agreement.

Responsibility for Visitors: Guests are responsible for ensuring that their visitors comply with the smoking policy. Any disturbances caused by guests, or their visitors will be the responsibility of the registered guest.

Additional Cleaning and Charges: If specific cleaning is necessary to remove smoke odor from a room or other area of The Hotel to make it suitable for other guests, the responsible guest will be charged for the cost of the vacated room during the cleaning process and the associated labor costs, in addition to the smoking fee.

23 Alcohol Policy

Legal Drinking Age: Guests must be of legal drinking age, which is 21 years or older in the state of Florida, to purchase, possess, or consume alcoholic beverages on The Hotel premises. Valid identification may be requested at any time to verify age.

Responsible Consumption: Guests are expected to consume alcohol responsibly and in moderation. Excessive drinking, resulting in disruptive behavior, damage to property, inappropriate or unpleasant behavior or endangerment of oneself or others, is strictly prohibited and may result in immediate eviction from The Hotel without a refund.

No Alcohol in Public Areas: Consumption of alcohol is not permitted in public areas of The Hotel, including but not limited to, lobbies, hallways, and outdoor spaces, unless these areas are designated for such use by Hotel management.

Bringing Outside Alcohol: Guests are allowed to bring their own alcoholic beverages to their rooms. However, consumption of outside alcohol in public or common areas of The Hotel is not permitted unless otherwise stated by writing by Hotel management.

Event Policies: For events held at The Hotel, specific alcohol policies may apply. Guests hosting events are responsible for ensuring compliance with these policies and local laws. All events involving alcohol must receive prior written authorization from The Hotel management and will be subject to specific guidelines to ensure the safety and comfort of all guests. The host is also responsible for the behavior of their attendees and any damages or disturbances that may occur during the event.

Zero Tolerance for Underage Drinking: The Hotel has a zero-tolerance policy for underage drinking. Any underage drinking will be reported to the authorities and may result in immediate eviction from The Hotel without a refund.

Safety and Security: The safety and security of all guests is a top priority. Guests found to be intoxicated and posing a risk to themselves or others may be asked to leave the premises or may be reported to law enforcement.

Responsibility: Guests are responsible for ensuring that their visitors also comply with the Alcohol policy. Any disturbances caused by guests or their visitors will be the responsibility of the registered guest.

Waiver of Liability: By consuming alcohol on The Hotel premises, guests waive any and all claims against The Hotel, its owners, employees, and agents for any injuries, damages, or losses that may occur as a result of alcohol consumption.

Compliance with Laws: All guests must comply with federal, state, and local laws regarding the purchase, possession, and consumption of alcohol. Any violations of these laws will be reported to the appropriate authorities.

24 Prohibition of Drug Use

Drug-Free Policy: The Hotel maintains a strict drug-free policy to ensure the safety, comfort, and well-being of all guests and staff. The use, possession, distribution, or sale of illegal drugs and controlled substances on hotel property is strictly prohibited.

Zero Tolerance: Any guest or their visitors found using, possessing, distributing, or selling illegal drugs or controlled substances will be subject to immediate eviction from The Hotel premises without a refund. Additionally, law enforcement authorities will be notified, and legal action may be pursued.

Health and Safety: This policy is in place to protect the health and safety of all guests and staff members. Illegal drug use poses significant risks, including but not limited to, health emergencies, violent behavior, and legal consequences.

Reporting: Guests are encouraged to report any suspicious activity or violations of this policy to hotel management or security immediately. All reports will be handled with confidentiality and discretion.

25 Comprehensive Firearm Liability Waiver

The Hotel prohibits the possession of firearms or other weapons on hotel premises, except as allowed under Florida law for law enforcement officers.

By entering The Hotel, guests agree to the following:

• I acknowledge that I am prohibited from bringing a firearm or other weapon onto The Hotel property.
• I understand that if I am found to be in possession of a firearm in violation of this policy, I will be asked to leave the property immediately and may be subject to further legal action.
• I agree to indemnify and hold harmless The Hotel from any claims, damages, or legal actions arising from my violation of this policy, including any injuries or accidents related to the firearm.

26 Liability for Valuables and Security

The Hotel is not responsible for the safety, theft, or loss of any valuables or personal belongings brought onto the premises. Guests are advised to take appropriate measures to secure their belongings. By staying at The Hotel, guests acknowledge that they are solely responsible for securing their personal property, and The Hotel will not be held liable for any loss or damage to valuables such, but not limited, as jewelry, electronics, cash, or other high-value items.

27 Lost and Found Policy

Lost Items: If you discover that you have left something behind after your departure, please contact us immediately, and we will attempt to retrieve the item for you. Lost items, if found, will be held for a period of 1 months from the date of discovery. If the item is not claimed within this period, it will be disposed of or donated.

Responsibility for Shipping: If we locate the item, you will be solely responsible for any shipping and other incidental charges associated with the return or delivery of your item, as well as arranging delivery and all risk of loss or damage to your item associated with its return or delivery to you.

Package or mail delivery: The Hotel does not accept mail or package deliveries on behalf of guests. We recommend that you have your mail or packages shipped to a nearby UPS store, FedEx location, or Amazon Locker. The Hotel assumes no liability for any mail or packages that are lost, misplaced, or delayed as a result of attempting to have them delivered to The Hotel.

28 Swimming Pool and Water Amenities Usage

Definitions: The terms “Swimming Pool” include all water-related amenities of The Hotel, including but not limited to the Swimming Pool, Spa, splash pad, waterslide and lazy river.

Use at Own Risk: By using the swimming pool facilities at The Hotel, guests acknowledge and agree that they are swimming at their own risk. The Hotel does not provide lifeguards, and guests are responsible for their own safety and the safety of their children and other dependents.

Pool Rules and Regulations: Guests are required to adhere to all posted pool rules and regulations. Failure to comply with these rules may result in loss of pool privileges and could lead to further action, including eviction from The Hotel premises.

The rules include but are not limited to :

• No food or beverages in the pool or on the pool wet deck, except for commercially bottled water in plastic bottles.
• No glass or animals in the fenced pool area or within 50 feet of the unfenced pool.
• Shower before entering the pool.
• Do not swallow the pool water.
• No running around within the pool area.
• Children under 18 must be accompanied by an adult. Infants and small children must wear appropriate plastic pants.
• Pregnant women, small children, people with health problems, or those using alcohol, narcotics, or other drugs that may cause drowsiness should not use the pool without consulting a doctor first.
• No running or horseplay in or around the pool.
• Do not enter the pool during severe weather, heavy rain, or when thunder and lightning can be seen or heard.
• Be respectful of others; music must be kept to a reasonable level, no personal speaker is allowed.
• Pool area is exclusively for registered resort guests.
• Do not place furniture in the pool.
• Do not use the pool if you are ill with diarrhea.
• No Diving, Drop off at sun shelf edge is MAX. 3’9” deep.

Supervision of Minors: Children under the age of 18 must be accompanied and supervised by an adult at all times while using the swimming pool facilities. The Hotel is not responsible for the supervision of minors.

Health and Safety: Guests with health conditions that could be adversely affected by swimming are advised not to use the pool. The Hotel is not liable for any health issues or injuries that may arise from the use of the pool facilities.

Damage and Cleanliness: Guests are responsible for maintaining the cleanliness of the pool area and for any damage they may cause to the pool facilities. Any damage should be reported to hotel management immediately.

Parental Responsibility: Parents and guardians are responsible for the safety and supervision of their children at all times while using the pool facilities at The Hotel. Children must not be left unattended in the pool area under any circumstances.

Appropriate Swimming Gear: We strongly advise parents and guardians to ensure that their children are equipped with appropriate swimming gear that matches their swimming proficiency level. This includes but is not limited to floatation devices, swim vests, or other safety equipment as determined necessary by the parents or guardians.

Pool Towels: Pool towels provided by the Hotel are for use within the pool area only and must not be removed from this area. Guests are responsible for returning towels to the designated collection points before leaving the pool area. Missing or unreturned towels may result in a replacement charge being applied to the guest’s credit card on file.

Supervision: Parents and guardians must actively supervise their children, ensuring they adhere to pool rules and safety guidelines to prevent accidents and ensure a safe and enjoyable environment for all guests.

Pool Area Security: The pool area is a controlled, enclosed space to ensure the safety of all guests. Guests are responsible for ensuring that access gates or doors to the pool area are closed and properly secured after entering or exiting, and must not prop them open or allow unauthorized individuals to enter. Failure to maintain the pool area in a secured condition may result in loss of pool privileges.

Waiver of Liability: By using the swimming pool, guests waive any and all claims against The Hotel, its owners, employees, and agents for any injuries, damages, or losses that may occur as a result of using the pool facilities.

29 Spa Usage and Liability

Proper Use: The spa facilities at The Hotel are available for the relaxation and enjoyment of our guests. Guests are expected to use the spa responsibly and adhere to the posted guidelines and instructions.

Health and Safety: For your safety, please observe the following rules:

• Medical Conditions: Guests with medical conditions such as, but not limited to, heart disease, high blood pressure, diabetes, or those who are pregnant should consult their physician before using the spa.
• Hydration: Drink plenty of water before and after using the spa to stay hydrated.
• Time Limit: Limit your time in the spa to a maximum of 15 minutes per session. Take breaks and cool down before returning for another session.
• Supervision: Children under the age of 18 must be supervised by an adult at all times while using the spa.
• Behavior: Maintain proper conduct and respect other guests using the spa. Do not bring food, drinks, or electronic devices into the spa.

Use of Products: The use of oils, body lotions, and minerals in the spa is prohibited to maintain water quality and safety. Bath load is maximum 5 persons.

Severe Weather: Do not enter the spa during severe weather, heavy rain, or when thunder and lightning can be seen or heard.

Liability Disclaimer: The Hotel is not responsible for any injuries, health issues, or adverse reactions resulting from the use of the spa. This includes, but is not limited to, heat-related illnesses, burns, or aggravation of pre-existing medical conditions.

Personal Belongings: Guests are advised not to bring valuable items into the spa. The Hotel is not responsible for any loss, theft, or damage to personal belongings left in the spa area.

Reporting Issues: Any malfunctions, safety concerns, or incidents should be reported to hotel management immediately.

30 Sauna Usage and Liability

Proper Use: The sauna at The Hotel is available for the relaxation and enjoyment of our guests. Guests are expected to use the sauna responsibly and adhere to the posted guidelines and instructions.

Health and Safety: For your safety, please observe the following rules:

• Medical Conditions: Guests with medical conditions such as but not limited to, heart disease, high blood pressure, diabetes, or those who are pregnant should consult their physician before using the sauna.
• Hydration: Drink plenty of water before and after using the sauna to stay hydrated.
• Time Limit: Limit your time in the sauna to a maximum of 15 minutes per session. Take breaks and cool down before returning for another session.
• Supervision: Children under the age of 18 must be supervised by an adult at all times while using the sauna.
• Behavior: Maintain proper conduct and respect other guests using the sauna. Do not bring food, drinks, or electronic devices into the sauna.

Liability Disclaimer: The Hotel is not responsible for any injuries, health issues, or adverse reactions resulting from the use of the sauna. This includes, but is not limited to, heat-related illnesses, burns, or aggravation of pre-existing medical conditions.

Personal Belongings: Guests are advised not to bring valuable items into the sauna. The Hotel is not responsible for any loss, theft, or damage to personal belongings left in the sauna area.

Reporting Issues: Any malfunctions, safety concerns, or incidents should be reported to hotel management immediately.

31 Lazy River Use and Safety Notice

The Hotel offers a lazy river amenity for guest enjoyment; however, use of the lazy river is strictly at the guest’s own risk. The Hotel does not provide lifeguard supervision. Children under the age of 18 must be accompanied and directly supervised by a responsible adult at all times while in or near the lazy river area. Guests are required to follow all posted safety rules and signage, and to act in a manner that ensures their safety and that of others.

Running, diving, or rough play in or around the lazy river is prohibited. Use of flotation devices is allowed only as permitted by Hotel staff. Guests with medical conditions, mobility limitations, or those under the influence of alcohol or drugs are strongly discouraged from using the lazy river.

The Hotel shall not be liable for any injury, loss, or damage resulting from the use of the lazy river, including slips, falls, or water-related accidents. By entering the lazy river area, guests acknowledge and accept full responsibility for their own safety and for any minors under their care.

32 Mini Golf Course — Use, Safety & Liability

Definitions. “Mini Golf Course” includes the putting greens, tees, obstacles, walkways, queueing/viewing areas, and any associated staging operated by The Hotel.

Eligibility & Access. Access is limited to registered guests and authorized visitors during posted hours and subject to capacity controls. Wristbands, room verification, or proof of payment may be required. The Hotel may suspend or close the course at any time for safety, maintenance, private events, or weather.

Water-Adjacent Location. The Mini Golf Course is surrounded by/adjacent to the lazy river. Guests must remain on designated paths and platforms at all times. No entry into the lazy river from the course is permitted. Do not attempt to retrieve clubs or balls from the water—notify staff for assistance. Surfaces may be wet or slippery.

Use at Own Risk. Guests acknowledge inherent risks (including, without limitation, uneven/wet surfaces, tripping hazards, moving obstacles, stray balls/clubs, proximity to water, weather exposure, and low-light conditions). Guests agree to use reasonable care and comply with all rules and staff instructions.

Supervision of Minors. Children under 16 must be directly supervised by a responsible adult on the course at all times. Parents/guardians are solely responsible for the conduct and safety of minors in their care, including around water.

Safety Rules.

• No running, climbing, horseplay, or throwing clubs/balls.
• Swing awareness: one player addresses the ball at a time; maintain a safe distance.
• Footwear required (closed-toe recommended).
• No food/glass on the course; commercially bottled water in plastic only.
• Water safety: obey all Swimming Pool & Water Amenities rules; exit immediately upon any weather or safety closure (including lightning, heavy rain, or high winds).
• Boundaries: stay behind railings/ropes and on marked walkways/platforms; do not enter the lazy river from the course.

Equipment Checkout & Return. Clubs/balls are Hotel property and must be returned in good condition immediately after play. A room number, ID, or deposit may be required. Do not remove equipment from Hotel premises. Missing or damaged equipment may be charged to the card on file as incidentals at replacement cost, together with any applicable out-of- service or labor charges.

ADA & Service Animals. The Hotel provides reasonable accommodations as required by law. Service animals are allowed if under control and housebroken (guests must promptly clean up waste). Animals are not permitted in the lazy river water or any pool water. The Hotel may exclude a service animal that (i) is out of control and the handler does not take effective action, (ii) is not housebroken, or (iii) poses a direct threat to the health or safety of others that cannot be eliminated by reasonable modifications (e.g., temporarily routing around a narrow edge or using an alternate platform).Emotional support animals are subject to the Pet Policy and are not allowed on the mini golf.

Alcohol, Smoking, Noise & Conduct. Guests must comply with the Alcohol Policy, Smoking Policy, Noise Policy, and Guest Conduct provisions while on the Mini Golf Course. Intoxicated, disruptive, or unsafe conduct may result in removal without refund.

Damage & Costs. Guests are responsible for any property damage or injury to others caused by negligence, misuse, violation of rules, or failure to supervise minors, and authorize The Hotel to charge the card on file for repair/replacement and any out-of-service charges.

Closures & Rain Checks. Weather or safety closures are at The Hotel’s discretion. Refunds or rain checks, if any, are handled per the Hotel’s posted policy.

Liability Allocation. Use at Own Risk & Assumption of Risk. Guests acknowledge and assume the inherent risks of mini golf and water-adjacent areas and agree to follow all rules and staff instructions. No Insurer; Standard of Liability. To the maximum extent permitted by law, The Hotel is not an insurer of guest safety and shall not be liable for injury, loss, or damage arising from use of the Mini Golf Course or proximity to water except to the extent caused by The Hotel’s gross negligence or willful misconduct. Nothing here waives any non-waivable statutory right. Damages Limitation. Any permitted recovery is limited to actual, direct damages; no special, indirect, consequential, incidental, or punitive damages. Guest Indemnity (Narrow). Guests agree to defend, indemnify, and hold harmless The Hotel from claims, damages, or costs arising from the guest’s violation of rules, failure to supervise minors, or negligence, except to the extent caused by The Hotel’s gross negligence or willful misconduct. Incident Reporting & Cooperation. Guests must promptly report any incident or injury to Hotel staff and cooperatewith reasonable safety/documentation measures (including photographs/CCTV review) and authorize Hotel to summon first aid/EMS as needed; all medical costs remain the guest’s responsibility.

33 Gym and Pickleball Courts Usage

Definitions: The terms “Gym and Pickleball Courts” include all fitness-related amenities and facilities at The Hotel, including but not limited to exercise equipment, weights, and pickleball / basketball courts.

Use at Own Risk: By using the Gym and Pickleball Courts at The Hotel, guests acknowledge and agree that they do so at their own risk. The Hotel does not provide supervision or trainers, and guests are responsible for their own safety and the safety of their children and other dependents.

Facility Rules and Regulations: Guests are required to adhere to all posted rules and regulations for the Gym and Pickleball Courts. Failure to comply with these rules may result in loss of privileges and could lead to further action, including eviction from The Hotel premises.

Supervision of Minors: Children under the age of 18 must be always accompanied and supervised by an adult while using the Gym and Pickleball Courts. The Hotel is not responsible for the supervision of minors.

Health and Safety: Guests with health conditions that could be adversely affected by exercise or physical activity are advised not to use these facilities. The Hotel is not liable for any health issues or injuries that may arise from the use of the Gym and Pickleball Courts.

Damage and Cleanliness: Guests are responsible for maintaining the cleanliness of the Gym and Pickleball Courts and for any damage they may cause to these facilities. Any damage should be reported to Hotel management immediately.

Waiver of Liability: By using the Gym and Pickleball Courts, guests waive any and all claims against The Hotel, its owners, employees, and agents for any injuries, damages, or losses that may occur as a result of using these facilities.

34 Breakfast Buffet Liability

Availability and Charges: Breakfast service may be included in your room rate or may be available for an additional charge, depending on your reservation type. Guests should confirm inclusions or applicable fees with the front desk before accessing the breakfast buffet.

Proper Use: The breakfast buffet at The Hotel is provided for the enjoyment and convenience of our guests. Guests are expected to use the buffet and its equipment (including but not limited to toasters, waffle makers, coffee machines, hot water dispensers, and serving utensils) responsibly and in a normal manner, following any posted or staff-provided instructions. Guests should exercise caution when using equipment that may become hot during operation, and children must be supervised closely around such equipment.

Food Allergies and Dietary Restrictions: Guests are responsible for managing their own dietary needs and restrictions. The Hotel does not guarantee that any food or beverage served at the breakfast buffet is free from allergens. Guests with food allergies or specific dietary requirements should exercise caution and may request ingredient information from staff before consuming any items.

Health and Safety: For the health and safety of all guests, please use the serving utensils provided and avoid handling food items directly with your hands. Guests are also asked to use a clean plate for each visit to the buffet to maintain hygiene standards.

Equipment Safety – Waffle Maker and Bread Toaster: Guests must operate the waffle maker, bread toaster, and other heated appliances in accordance with posted instructions or normal safe usage practices. These appliances can become hot during operation and may cause burns or injury if not used properly. Guests should take care when handling these appliances and ensure that children are not permitted to operate them under any circumstances.

Parental Responsibility: Parents or guardians are solely responsible for the supervision, safety, and conduct of their children (under 16 years old ) in the breakfast buffet area. Children must not use buffet amenities — including, but not limited to, the waffle maker, bread toaster, hot water dispensers, or hot coffee machines — without direct adult supervision.

Liability Disclaimer: The Hotel is not responsible for any adverse reactions, injuries, or health- related issues guests may experience from consuming food and beverages offered at the breakfast buffet or from the use of buffet equipment. This includes, but is not limited to, allergic reactions, food intolerances, burns, or other injuries caused by improper use of equipment.

Hygiene and Conduct: Guests are expected to maintain proper hygiene and conduct while in the breakfast buffet area. This includes washing hands before handling food, using the provided serving utensils, and disposing of waste in designated bins.

Reporting Issues: Guests should promptly report any concerns about food quality, equipment malfunctions, cleanliness, or safety hazards to hotel staff.

35 Third-Party Restaurant Liability

The Hotel partners with third-party vendors to provide food services within our premises. Please be advised that the food area is operated independently by a third-party entity. The Hotel is not responsible or liable for any incidents, accidents, injuries, or damages that may occur within the food area, including but not limited to slips, falls, food-related illnesses, or other unforeseen events while operated by a third party.

Third-Party Operation: Some restaurants located within The Hotel may be operated by independent third-party vendors. The Hotel does not manage, control, or oversee the operations of the restaurant.

Food Quality and Safety: The Hotel is not responsible for the quality, preparation, or safety of the food and beverages served at the restaurant. Any concerns or issues regarding food quality or safety should be directed to the restaurant management.

Health and Allergies: Guests are responsible for informing the restaurant staff of any food allergies or dietary restrictions. The Hotel is not liable for any allergic reactions or health issues that may arise from consuming food or beverages from the restaurant.

Service and Payment: All services provided by the restaurant, including but not limited to eating, catering, and room service, are subject to the restaurant's terms and conditions. Payments for these services should be made directly to the restaurant. The Hotel is not responsible for any disputes or issues related to service or payment.

Waiver of Liability: By eating at the restaurant within The Hotel, guests waive any and all claims against The Hotel, its owners, employees, and agents for any injuries, damages, or losses that may occur as a result of consuming food or beverages from the restaurant or using its services.

Independent Contractor Status: The third-party service provider is an independent contractor and not an agent or employee of The Hotel. Guests agree that The Hotel is not liable for the actions, omissions, representations, or services provided by third-party vendors or their personnel.

Complaints and Disputes: Any complaints or disputes regarding the restaurant's services or the eating area should be addressed directly with the restaurant management while operated by a third party.

36 Coffee Machine Usage and Liability

Proper Use: The coffee machine, that offer a variety of hot beverages, is available for the convenience and enjoyment of our guests. Guests are expected to use the coffee machine responsibly and in a common manner.

Liability Disclaimer: The Hotel is not responsible for any injuries, burns, or adverse reactions resulting from the use of the coffee machine. Guests use the coffee machine at their own risk.

Personal Responsibility: Guests are responsible for ensuring that they operate the coffee machine safely. This includes using the machine as intended, following all safety instructions, and supervising children while using the machine.

Maintenance and Reporting: While we strive to keep the coffee machine in good working condition, guests should report any malfunctions, damage, or safety concerns to the front desk immediately. The Hotel is not liable for any issues arising from the improper use of the coffee machine.

Hot Beverages: Guests should exercise caution when handling hot beverages to avoid spills and burns.

37 Third-Party Delivery Policy (Food, Packages, and Other Items)

Guests may arrange for delivery of food, packages, groceries, or other personal items through third-party services. However, The Hotel does not coordinate, facilitate, accept, or store such deliveries and shall not be held responsible for the quality, accuracy, condition, safety, or timing of any delivered goods or services.

The Hotel will not hold, refrigerate, sign for, or store any items on behalf of guests. All deliveries must be received directly by the guest, who is required to meet the delivery person outside, at the main entrance of The Hotel, upon the delivery provider’s arrival. Delivery personnel are not permitted to access guest floors, rooms, or interior common areas.

The Hotel disclaims any liability for lost, delayed, damaged, incorrect, spoiled, or unclaimed deliveries. Any coordination, tracking, or disputes must be handled directly between the guest and the delivery service provider.

In the event of any incident, injury, damage, or disturbance involving a delivery driver or service provider on The Hotel’s premises, the guest who placed the order shall be held fully responsible for the conduct and consequences related to the delivery. This includes, but is not limited to, damages to property, safety violations, or interference with hotel operations.

The Hotel reserves the right to restrict, deny, or regulate third-party deliveries at its sole discretion for reasons of safety, cleanliness, or guest experience.

35. Package Acceptance & Handling Policy

Eligibility & Addressing. We will accept packages for registered guests (or confirmed arrivals within 3 days). Packages must be addressed with the guest’s full name matching the reservation and arrival date. Misaddressed items may be refused or returned.

Complimentary Allowance & Fees. We will accept up to three (3) packages per room, per stay at no charge. Thereafter, a $5.00 handling/storage fee per package (plus applicable taxes) will be posted to the guest folio.

What Counts as a “Package.” Any parcel, envelope, tube, or item delivered by a carrier (e.g., USPS, UPS, FedEx, Amazon, courier). Oversized/heavy items, freight, perishables, hazardous/regulated items, or COD shipments may be refused or subject to additional fees.

Delivery Window & Holding. We accept deliveries starting 3 days before the arrival date and hold items up to 3 days after checkout. After the hold period, items may be returned to sender or discarded without further notice. Return shipping and any carrier fees are the guest’s responsibility.

Pickup & Verification. Packages are released only to the registered guest (or authorized occupant on the reservation) upon presentation of a valid photo ID. A signature may be required.

Billing. Package fees are treated as incidentals and charged to the card on file.

Risk Allocation (Important). The Hotel is not an insurer of packages. To the maximum extent permitted by law, the Hotel is not liable for loss, theft, delay, misdelivery, or damage to packages handled under this policy except to the extent caused solely by the Hotel’s gross negligence or willful misconduct. In jurisdictions that allow contractual limits on damages, the Hotel’s total liability (if any) for a package shall not exceed the lesser of $100 per package or the amount required by applicable law. Nothing in this policy limits rights or caps provided by any non-waivable statute(e.g., Florida Statutes §509.111). Claims (if any) must be reported before checkout or within 24 hours of the Hotel’s delivery notice. Guests must pursue carrier claims directly for carrier-caused loss or damage. Florida Legislature

Right to Refuse. The Hotel may refuse deliveries that are improperly labeled, exceed reasonable size/weight, appear unsafe, perishable, or otherwise unsuitable for storage, or where storage space is unavailable.

38 Food and Beverage Sales

Third-Party Products: The Hotel offers a selection of food and beverages for sale to our guests. Please note that The Hotel does not prepare or produce any of these items; they are sourced from third-party suppliers.

Quality and Safety: While The Hotel strives to offer high-quality products, we do not assume responsibility for the preparation, quality, or safety of the food and beverages sold. Guests are advised to check the packaging and labels for ingredient information, expiration dates, and any potential allergens.

Liability Disclaimer: The Hotel is not liable for any adverse reactions, illnesses, or injuries resulting from the consumption of food and beverages purchased on our premises. Guests consume these items at their own risk.

Reporting Issues: Any concerns or issues related to the food and beverages offered for sale should be reported to the front desk immediately. We will liaise with the supplier to address any problems, but The Hotel itself is not responsible for product quality or safety.

39 Boutique Purchases

Use at Own Risk: Goods purchased from the The Hotel boutique are offered for sale by The Hotel, but The Hotel makes no warranties, express or implied, regarding the safety, quality, or suitability of these goods for any particular purpose. Guests are advised to review product labels and descriptions carefully before use. All guests assume the risks associated with the use of these products.

Parental Responsibility: It is the responsibility of parents or guardians to thoroughly assess and analyze the risks associated with any goods purchased from The Hotel boutique before providing them to their children. The Hotel is not liable for any harm or injury that may result from the misuse of these goods by minors. Guests are encouraged to inspect and research products for their intended use, particularly when purchasing goods for children.

No Warranty: ALL GOODS ARE SOLD "AS IS" AND "WITH ALL FAULTS." The Hotel DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Waiver of Liability: By purchasing goods from the The Hotel boutique, guests waive any and all claims against The Hotel, its owners, employees, and agents for any injuries, damages, or losses that may occur as a result of misusing these goods.

Return Policy: All sales from the boutique are final. The Hotel does not offer refunds, exchanges, or returns unless the product is defective upon purchase. In such cases, the defect must be reported within 24 hours of purchase.

Product Origin: The goods sold in the The Hotel boutique are sourced from various suppliers, including websites based in China. Guests should be aware that the quality and safety standards may vary and are encouraged to review product information carefully.

40 Restricted Areas

Staff Only Areas: Certain areas of The Hotel are designated as "Staff Only," "Employee Only," or other similarly worded signage indicating restricted access. These areas are strictly off-limits to guests under any circumstances. Regardless of the specific wording used to denote restricted areas, all such areas are included within this clause and are not accessible to guests.

Prohibited Access: Guests are strictly prohibited from entering any area marked with a sign. This includes, but is not limited to, maintenance rooms, housekeeping storage, kitchens, laundry areas, employee break rooms, equipment rooms, and administrative offices.

Consequences of Unauthorized Entry: Unauthorized entry into restricted areas may result in immediate eviction from The Hotel without a refund. The Hotel reserves the right to take further legal action if necessary.

Safety and Security: These restrictions are in place to ensure the safety and security of both guests and staff, as well as to maintain the operational integrity of The Hotel.

41 Baggage Locker Usage and Liability

Baggage Storage: The Hotel offers a complimentary baggage storage room for guests who need to store their luggage temporarily before check-in or after check-out. Guests are provided a ticket by hotel staff upon storing their luggage, which they must present along with a valid ID when retrieving their belongings.

Availability: This service is subject to availability and is provided on a first-come, first-served basis. Guests are advised to retrieve their belongings by 6 PM on the day of check-out.

Liability Disclaimer: While The Hotel takes reasonable precautions to secure the baggage storage room, The Hotel is not responsible for any loss, theft, or damage to items stored in the room. Guests are encouraged to refrain from storing valuable items and keep such items with them.

Valuables: Guests are strongly advised to keep valuable items such as jewelry, electronics, and important documents with them, rather than storing them in the baggage storage room.

Retrieval of Items: To retrieve stored items, guests must present the ticket provided at the time of storage along with a valid ID. Only The Hotel staff have access to the baggage storage room, and guests are not permitted to enter the storage area.

Unclaimed Luggage: Any luggage left unclaimed after 6 PM may be moved to another storage area. If not claimed within 24 hours, The Hotel reserves the right to dispose of or donate the items.

42 Parking Liability

Parking Availability: The Hotel provides parking facilities for the convenience of our guests. Parking is available on a first-come, first-served basis and is subject to availability.

Parking at Own Risk: Guests are advised that parking at The Hotel is at their own risk. The Hotel is not responsible for any loss, theft, or damage to vehicles or their contents while parked on hotel property.

Valuable Items: Guests are encouraged not to leave valuable items in their vehicles. The Hotel does not assume liability for any valuables left in parked vehicles.

Security Measures: While The Hotel may provide certain security measures, such as surveillance cameras and periodic security patrols, these measures do not guarantee the safety of vehicles or their contents.

Reporting Incidents: Any incidents of damage, theft, or suspicious activity should be reported to The Hotel management and local law enforcement immediately.

Vehicle Condition: Guests are responsible for ensuring that their vehicles are securely locked and in good working condition. No vehicle maintenance, repairs, or other automotive services are permitted on The Hotel property.

Parking Restrictions: Only standard cars and motorcycles are permitted to park on The Hotel premises. Larger vehicles such as RVs, trailers, trucks, and buses are not allowed. All vehicles must be parked properly in designated spaces, using only one parking spot. Similarly, all bicycles must be parked in designated bicycle parking areas and are not allowed inside The Hotel or guest rooms.

Parking Permits: When parking fees apply, guests will be issued a parking permit at check-in. Visitors of hotel guests must also pay the parking fee to receive a valid permit.

Enforcement and Towing: The Hotel reserves the right to tow any vehicle at the owner’s expense for violations of the above policies, including but not limited to: failure to display a valid parking permit, parking unauthorized vehicles, improper parking, and non-compliance with vehicle condition requirements.

Safety in Parking Area: The parking lot is intended solely for parking purposes. Loitering or remaining in the parking area for extended periods is not permitted. Guests are required to proceed directly to The Hotel premises after parking for the safety and security of all guests.

43 Valet Parking Liability

Third-Party Valet Parking Service: The Hotel provides valet parking services for the convenience of our guests through an independent third-party company. This third-party service provider is solely responsible for parking and retrieving your vehicle as requested.

Liability Disclaimer: The Hotel is not responsible for any loss, theft, or damage to vehicles or their contents while using the valet parking service provided by the third-party company. Guests use this service at their own risk and should address any concerns or claims directly with the valet service provider [TBD].

Personal Responsibility: Guests are strongly advised not to leave valuable items in their vehicles when using the third-party valet parking service. The Hotel does not assume liability for any valuables left in the vehicle, and guests should ensure that their property is secure.

Vehicle Condition: Guests are responsible for ensuring their vehicle is in good working condition and has no pre-existing damage before handing it over to the third-party valet service.

Damage Reporting: Any damage to a vehicle must be reported immediately to the valet staff and the third-party valet service management upon retrieval of the vehicle. Failure to report damage before leaving the premises may result in a waiver of liability claims against both The Hotel and the third-party valet service provider.

Valet Tickets and Conditions: Guests must present their valet ticket provided by the third-party valet service to retrieve their vehicle. Any conditions regarding the loss of valet tickets, delays, or additional verification processes will be handled according to the policies of the third-party valet service provider.

Independent Contractor Status: The third-party service provider is an independent contractor and not an agent or employee of The Hotel. Guests agree that The Hotel is not liable for the actions, omissions, representations, or services provided by third-party vendors or their personnel.

Insurance: Guests are encouraged to have appropriate insurance coverage for their vehicle. The valet parking service provided by the third-party company is not a substitute for personal vehicle insurance.

44 Safety and Use of Personal Property in the Room

Use of Personal Electrical Appliances: For the safety and comfort of all guests, the use of personal electrical appliances that are not provided by The Hotel—such as, but not limited to,microwaves, cooking equipment, fans, or similar devices—is strictly prohibited in guest rooms. Unauthorized appliances may create safety hazards, including fire risks and electrical overloads. Guests found using such appliances will be asked to remove them immediately, and The Hotel reserves the right to take further action if necessary.

Prohibition of Personal Accessories: To maintain a safe and clean environment, guests are not allowed to use personal accessories in their rooms that could pose a safety risk or damage property. This includes, but is not limited to, candles, incense, or any other open flame devices. The use of these items is strictly prohibited to prevent fire hazards and ensure the safety of all guests.

Liability for Damages: Guests are responsible for any damages caused by the unauthorized use of personal electrical appliances or accessories. The Hotel reserves the right to charge the cost of repair or replacement to the credit card on file for any damages incurred. Guests agree to hold The Hotel harmless for any claims or losses resulting from such unauthorized use.

45 Fire Alarm Penalties

In accordance with applicable local and state laws, any guest who causes or contributes to the activation of a fire alarm—whether through smoking in a room, burning candles, tampering with fire detection devices, or pulling a fire alarm station—will be subject to a penalty of up to $2,000. This penalty covers costs imposed by the fire department, potential civil fines, and the disruption to other guests.

Tampering with fire extinguishers, smoke detectors, sprinklers, or emergency signage is strictly prohibited and may result in immediate removal from the property and referral to law enforcement.

Guests are also responsible for supervising children to prevent accidental activation of fire alarms; penalties will still apply in such cases. The Hotel reserves the right to charge the credit card on file for any such violations.

Guests must evacuate the premises promptly in the event of an alarm and follow all emergency procedures as instructed by staff or first responders.

46 Usage of Room Amenities

Proper Use: Depending on room type selected, The Hotel may provide various amenities in guest rooms, including but not limited to dishwashers, washers, dryers, and microwaves. Guests are required to use these amenities carefully and according to their intended purposes.

Normal Usage: Guests are expected to operate all appliances and amenities in a manner consistent with their normal use. Misuse of any equipment can result in damage and potential safety hazards. Guests are responsible for ensuring proper use to avoid damages and safety issues.

Reporting Damage: Guests are responsible for immediately reporting any malfunction, damage, or irregularities they notice in the room amenities to the front desk or hotel management. Prompt reporting helps us address issues quickly and maintain the quality and safety of our facilities.

Liability for Damages: Any damages resulting from improper use or negligence may be charged to the guest’s account. This includes, but is not limited to, damage to dishwashers, washers, dryers, microwaves, and other room amenities.

47 Use of Cribs

Proper Use: The Hotel may provide cribs, upon request and subject to availability, for the convenience of our guests with young children. Guests are expected to use cribs responsibly and for their normal intended purpose.

Safety Checks: Parents or guardians must inspect the safety and condition of the crib before use. This includes checking for stability, cleanliness, and any potential hazards such as loose parts or malfunctioning mechanisms.

Liability Disclaimer: The Hotel is not responsible for any injuries, accidents, or adverse incidents resulting from the use of cribs. Guests use the cribs at their own risk.

Reporting Issues: Any issues, damages, or safety concerns with the provided crib should be reported to the front desk immediately. The Hotel will replace or repair the crib.

Supervision: Children must be supervised by a parent or guardian at all times while using the crib. Proper supervision helps ensure the safety and well-being of the child.

48 Use of Sofa Beds

Proper Use: Some guest rooms may be equipped with a sofa bed for additional sleeping space. Guests are expected to use the sofa bed responsibly and for its normal intended purpose.

Safety Checks: Guests should inspect the sofa bed before use to ensure it is in safe working condition. This includes checking for stability, cleanliness, and any potential hazards such as loose parts, sharp edges, or malfunctioning mechanisms.

Liability Disclaimer: The Hotel is not responsible for any injuries, accidents, or adverse incidents resulting from the use of sofa beds. Guests use the sofa bed at their own risk.

Reporting Issues: Any issues, damages, or safety concerns with the provided sofa bed should be reported to the front desk immediately so the Hotel can arrange for repair or replacement.

Supervision: Parents or guardians are responsible for supervising children when using the sofa bed to ensure safe operation and to prevent injury.

49 Iron Usage Clause

In-Room Irons: The Hotel provides irons either within the guest room or upon request. By using an iron provided by The Hotel, guests agree to use it responsibly and for its normal intended purpose.

Parental Responsibility: Guests traveling with children must exercise extra caution when using an iron in the room. It is the responsibility of parents or guardians to ensure that irons are kept out of reach of children and used in a safe manner. Irons must not be operated when children are unsupervised in the room.

Inspection Before Use: Guests are required to inspect the iron for any defects or damages before use. Any issues or malfunctioning equipment must be reported to hotel management immediately to avoid injury or damage.

Responsibility for Damages: Guests are fully responsible for any damage to hotel property caused by improper or unsafe use of the iron, including but not limited to burns, fire damage, or harm to furniture, linens, or carpets. If any such damage occurs, the guest will be liable for the cost of repair or replacement.

Safe Operation: Guests agree to operate the iron only on designated surfaces and in a responsible manner. Irons should never be left unattended while in use and must be turned off and unplugged after each use. Guests must also ensure the iron is placed in a safe location to cool down after use.

Requesting Irons: If an iron is requested by a guest, they assume full responsibility for its proper use and condition. Any issues or defects with the provided iron must be reported immediately to hotel management.

Liability Disclaimer: The Hotel is not responsible for any personal injury, clothing damage, or other losses resulting from the use or misuse of irons provided by The Hotel.

50 Coffee Machine Request and Safe Use

Availability Upon Request: Guests may request a coffee machine to be provided in their room during their stay at The Hotel. Requests can be made at the time of booking or by contacting the front desk during your stay. The availability of coffee machines is subject to supply, will be provided on a first-come, first-served basis, and may incur an additional cost.

Safe Use of Coffee Machine: By requesting or / and using a coffee machine in your room, you agree to operate the machine safely and ensure it is used only for its intended purpose. Guests are responsible for turning off and unplugging the coffee machine when not in use to avoid potential hazards.

Liability for Damages: The Hotel is not liable for any injuries, damages, or losses resulting from the improper use of the coffee machine. Guests are responsible for any damages to the coffee machine or hotel property caused by improper or negligent use. In the event of damage, the guest authorizes The Hotel to charge the cost of repair or replacement to the credit card on file.

Reporting Issues: If you encounter any issues with the coffee machine, such as malfunction or damage, please notify the front desk immediately. The Hotel will provide assistance or a replacement if necessary.

51 Ice Machine Use and Safety

Availability: For your convenience, ice machines are provided on each floor of The Hotel and are available for guest use 24 hours a day. These machines are provided as a complimentary amenity for your comfort during your stay.

Safe Use of Ice Machines: Guests are required to use the ice machines safely and responsibly. This includes operating the machine as intended, not overfilling containers, and ensuring that any spills are promptly cleaned up to prevent slips or falls. Guests should also avoid using the machine in any way that could cause damage or pose a hazard to themselves or others. Please note that the area around ice machines may become slippery, and guests are advised to exercise caution to prevent accidents.

Liability for Misuse: The Hotel is not liable for any injuries, damages, or losses resulting from the improper or unsafe use of the ice machines. Guests are responsible for any damages to the ice machines or hotel property caused by improper or negligent use. In such cases, the guest authorizes The Hotel to charge the cost of repair or replacement to the credit card on file.

Reporting Issues: If you experience any issues with an ice machine, such as malfunction, damage, or spills, please notify the front desk immediately so that the situation can be addressed promptly.

52 Slip and Fall Prevention

Safety Measures: The Hotel is dedicated to the safety and well-being of our guests. We implement rigorous maintenance and cleaning protocols to ensure that all public areas, including lobbies, hallways, bathrooms, and outdoor spaces, are kept in a safe condition. Despite these efforts, guests must remain vigilant and take personal responsibility for their safety.

Guest Responsibilities: To help prevent slip and fall incidents, guests are encouraged to:

• Report Hazards: Immediately report any hazardous conditions, such as wet floors, spills, or obstructions, to the front desk or any hotel staff member. Failure to report hazards promptly may limit The Hotel's ability to address the issue in a timely manner.
• Appropriate Footwear: Wear appropriate, non-slip footwear, particularly in areas that might be wet or slippery, such as around the pool, in bathrooms, or on outdoor walkways.

Wet Floor Signage: Hotel staff will place wet floor signs in areas being cleaned or where a spill has occurred to alert guests to potential hazards. However, the absence of signage does not imply that an area is free from potential risks, and guests should exercise caution at all times.

Liability Disclaimer: The Hotel takes every reasonable precaution to maintain a safe environment for all guests. However, The Hotel cannot be held responsible for accidents or injuries resulting from guest negligence, failure to adhere to safety warnings, failure to promptly report hazards, or conditions beyond our control.

This disclaimer does not waive liability for incidents arising from gross negligence or intentional misconduct by The Hotel or its staff. Guests acknowledge and assume the inherent risks associated with staying in a hotel and agree to hold The Hotel harmless from any claims or liability resulting from slip and fall incidents, except when caused by gross negligence or intentional misconduct on the part of The Hotel.

In the event of a slip and fall incident, guests should report the incident to the front desk immediately. Our staff will call emergency services upon request or as needed. Prompt reporting and cooperation with hotel staff in documenting the incident are essential for any subsequent investigation or claim.

53 Emergency Procedure

General Emergency Guidelines An evacuation map is located on the back of your guestroom door. You are strongly encouraged to review it upon entering your room so you are aware of the nearest exits and evacuation routes. Responsibilities of Parents and Guardians Parents and guardians are responsible for guiding their children safely out of the building. Ensure that all children stay close and follow the evacuation map.

Evacuation Route

• Use of Stairs: Do not use elevators during an emergency evacuation. Use only the stairways to exit the building.
• Safe Conduct: Descend the stairs carefully, avoiding pushing or rushing. Maintain a calm and orderly manner to prevent accidents and ensure a smooth evacuation.

Evacuation Steps

• Evacuate Immediately: In the event of an alarm, all guests must evacuate immediately, following the exit signs and designated evacuation routes. Do not wait for further instructions from hotel staff or emergency personnel.
• Guide Children: Ensure that children are guided safely to the nearest emergency exit. Hold their hands and keep them calm.
• Proceed to the Stairs: Use the nearest stairwell for evacuation. Avoid using elevators at all costs.
• Calm and Orderly Exit: Move in a calm, orderly manner down the stairs. Assist others if possible, but do not push or run.
• Assemble at Designated Area: Once outside, stay away from the building. Do not re-enter the building until it has been declared safe by authorities.

54 Express Assumption of Risk & Release of Liability - COVID-19 & Other Infectious and/or Communicable Diseases

Inherent Risk: Please note that any public location where people are present provides an inherent risk of exposure to COVID-19, and The Hotel cannot guarantee that you will not be exposed during your visit.

Please note that any public location where people are present provides an inherent risk of exposure to COVID-19, and The Hotel cannot guarantee that you will not be exposed during your visit. However, The Hotel is committed to following all health and safety protocols recommended by public health authorities, including the Centers for Disease Control and Prevention (CDC) and local health departments, to mitigate the risk of exposure. By visiting The Hotel, you acknowledge and accept the inherent risks associated with COVID-19 exposure, even with these precautions in place.

Assumption of Risk: This section is an acknowledgement and express assumption of risk and release of liability as it relates to the risks of being exposed to or contracting COVID-19 (as defined by the World Health Organization and any strains, variants, or mutations thereof), the coronavirus that causes COVID-19, or any other communicable and/or infectious disease while staying at The Hotel.

Acknowledgement of Risk: By purchasing Hotel accommodations and entering at The Hotel, you are acknowledging and confirming on your behalf, and on behalf of any individual who uses The Hotel accommodations you purchased to enter The Hotel (including any minor children), both now and in the future, that you understand and expressly assume the risk that during your stay you may be exposed to COVID-19, the Coronavirus that causes COVID-19, or other communicable and/or infectious diseases.

Understanding the Risks: You expressly understand that these risks include contracting COVID-19 or other communicable and/or infectious diseases and the associated dangers, medical complications, and physical and mental injuries, both foreseen and unforeseen, that may result from contracting COVID-19 or other communicable and/or infectious diseases.

Interaction with General Public: You further acknowledge and understand that any interaction with the general public poses an elevated, inherent risk of being exposed to and contracting communicable and/or infectious diseases, including, but not limited to, COVID-19 and the Coronavirus that causes COVID-19. The Hotel cannot guarantee that you will not be exposed during your stay at the The Hotel.

Spread of Disease: You further acknowledge and understand that if infected with COVID-19, the Coronavirus that causes COVID-19, or any other communicable and/or infectious disease, you may infect others you subsequently come into contact with, even if you are not experiencing or displaying any symptoms of illness yourself, and that the risk of spreading COVID-19 to others remains even after you depart The Hotel. The same is true for many other communicable and/or infectious diseases you may be exposed to during your stay.

Release of Liability: You and The Hotel further agree that we intend this section to be a binding and full release of liability for negligence and/or the inherent risks associated with staying at The Hotel with respect to any controversy, claim, or dispute that may arise out of or during your stay at The Hotel that is related to exposure to or the contraction of any communicable and/or infectious disease, including, but not limited to, COVID-19 or the Coronavirus that causes COVID-19.

Specific Agreement: Specifically, you agree that:

• YOU, ON BEHALF OF YOURSELF AND YOUR PERSONAL REPRESENTATIVES, HEIRS, SPOUSE, GUARDIANS, EXECUTORS, ADMINISTRATORS, SUCCESSORS, ASSIGNS AND NEXT OF KIN HEREBY RELEASE, DISCHARGE, HOLD HARMLESS AND AGREE NOT TO SUE THE HOTEL AND THE ADDITIONAL RELEASED PARTIES NOTED BELOW WITH RESPECT TO ANY CLAIM, LIABILITY OR DEMAND OF WHATEVER KIND OR NATURE, EITHER IN LAW OR IN EQUITY (INCLUDING, WITHOUT LIMITATION, FOR PERSONAL INJURIES OR WRONGFUL DEATH) THAT MAY ARISE IN CONNECTION WITH, OR RELATE IN ANY WAY TO, EXPOSURE TO OR CONTRACTION OF A COMMUNICABLE AND/OR INFECTIOUS DISEASE, INCLUDING BUT NOT LIMITED TO, COVID-19 (OR THE CORONAVIRUS THAT CAUSES COVID-19), DURING YOUR STAY AT THE HOTEL, OR DURING YOUR PARTICIPATION IN ANY RELATED ACTIVITIES ARRANGED, PROMOTED AND/OR SPONSORED BY THE HOTEL, INCLUDING, WITHOUT LIMITATION, THOSE CLAIMS THAT ARISE AS A RESULT OF: (I) THE NEGLIGENCE OF ANY OF THE RELEASED PARTIES, AND/OR (II) THE INHERENT RISKS ASSOCIATED WITH STAYING AT THE HOTEL, INCLUDING THE COVID-19 PANDEMIC.
• YOU FURTHER AGREE THAT THE FOREGOING RELEASE OF LIABILITY AND COVENANT NOT TO SUE EXTENDS TO AND ENCOMPASSES ANY AND ALL CLAIMS, LIABILITIES OR DEMANDS THAT RELATE IN ANY WAY TO EXPOSURE TO OR CONTRACTION OF A COMMUNICABLE OR INFECTIOUS DISEASE, INCLUDING BUT NOT LIMITED TO, COVID-19, BY ANY OTHER INDIVIDUAL, INCLUDING BUT NOT LIMITED TO YOUR MINOR CHILDREN AND/OR FAMILY MEMBERS, AS A RESULT OF THEIR STAYING AT THE HOTEL USING HOTEL ACCOMMODATIONS YOU PURCHASED OR AS A RESULT OF THEM BEING EXPOSED TO SUCH DISEASES BY YOU AFTER YOUR STAY AT THE HOTEL.
• TO THE EXTENT PERMITTED BY LAW, YOU FURTHER AGREE THAT IT IS YOUR INTENTION THAT THE FOREGOING RELEASE OF LIABILITY AND COVENANT NOT TO SUE IS BEING ENTERED INTO ON YOUR BEHALF, AS SET FORTH ABOVE, AND ALSO ON BEHALF OF ANY OTHER INDIVIDUAL WHO USES HOTEL ACCOMMODATIONS PURCHASED BY YOU TO ENTER THE HOTEL.

Released Parties: or purposes of this Section, you and The Hotel agree that the “Released Parties” shall include (a) The Hotel, (b) The Hotel's parent, subsidiary and affiliated companies; (c) the respective employees, agents, shareholders and officers of the entities described in (a)-(b) above; and (d) the licensees, successors, assigns and heirs of the entities and individuals referred to in (a)-(c) above.

Waiver of California Civil Code Section 1542: You further acknowledge and agree that you are familiar with and do hereby waive the provisions of Section 1542 of the California Civil Code (and similar provisions of other jurisdictions) which provides as follows: “A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her would have materially affected his or her settlement with the debtor or released party.”

Broad and Inclusive Release: This acknowledgement and express assumption of risk and release of liability is intended to be as broad and inclusive as is permitted by law. If any part of this provision is held to be invalid or legally unenforceable for any reason, the remainder of this provision shall not be affected thereby and shall remain valid and fully enforceable.

55 Transient Occupancy Agreement Clause

Transient Nature of Stay. By signing this agreement, Guest acknowledges and agrees that their stay at the Hotel is transient and does not constitute a landlord–tenant relationship under the Florida Residential Landlord and Tenant Act (FRLTA), F.S. §§ 83.40–83.683. Guest further acknowledges that this accommodation is temporary and is not intended to be a primary residence.

Duration of Stay (Cap). Guest’s stay is for the specific dates shown in the reservation and may not exceed twenty-eight (28) consecutive nights. Any request to extend beyond the confirmed dates is subject to Hotel approval and does not change the transient nature of the occupancy. For stays exceeding seven (7) nights, Guest may be required to sign a Transient Guest Acknowledgment reaffirming the temporary nature of the stay and compliance with all Hotel policies.

Returns After Cap; Cool-Down & Rebooking. If Guest wishes to return after reaching the 28- night cap, Guest must fully check out, remove all belongings from the premises, and observe a cool-down period as determined by the Hotel, which may extend up to twenty-eight (28) days. The exact duration of the cool-down period shall be at the Hotel’s sole discretion and may vary by case. Any return stay must be booked as a new, separate reservation. Each new reservation requires fresh acceptance of the Guest Agreement and Hotel policies and may include room reassignment at the Hotel’s discretion.

No Tenancy Established. This agreement does not establish a tenancy. Guest’s occupancy is solely for lodging purposes. Rights and obligations are governed by laws applicable to transient public lodging establishments and the Guest Agreement, and not by the FRLTA.

Dispute Resolution. Any disputes arising out of or related to this agreement are subject to binding arbitration as set forth in the Guest Agreement’s Dispute Resolution and Arbitration provisions; by using the facilities, Guest waives the right to a jury trial to the fullest extent permitted by law, as stated in the Guest Agreement.

Termination of Occupancy. The Hotel may terminate occupancy at any time for nonpayment, disturbance of other guests, violations of Hotel policies, safety/security concerns, or any behavior deemed detrimental to the Hotel. Upon termination, Guest agrees to vacate immediately. Waiver of FRLTA Protections. By signing this agreement, Guest explicitly waives any protections or claims under the FRLTA and acknowledges that Guest’s rights and obligations are governed exclusively by this agreement, the Guest Agreement, and the laws pertaining to transient public lodging establishments.

56 Prohibition on Use of Hotel Address

It is strictly forbidden for guests or any party associated with the guest to use The Hotel’s address for any purpose. This includes, but is not limited to, using the address as a mailing address, on a driver’s license or any form of identification, or for any business-related purposes. Any violation of this prohibition will result in the immediate termination of the guest's occupancy, and The Hotel reserves the right to pursue further legal action as necessary.

Package or mail delivery: The Hotel does not accept mail or package deliveries on behalf of guests. We recommend that you have your mail or packages shipped to a nearby UPS store, FedEx location, or Amazon Locker. The Hotel assumes no liability for any mail or packages that are lost, misplaced, or delayed as a result of attempting to have them delivered to The Hotel.

57 Dispute Resolution and Arbitration Agreement

57.1 Application

All disputes arising between us, including, but not limited to, disputes related to this Agreement, your reservation, room booking, use of hotel amenities or services, payment, check-in/check-out process, or any interactions with hotel staff, facilities, or other services provided by The Hotel, will be submitted to and resolved through binding arbitration.

57.2 Overview of Dispute Resolution Process

The Hotel is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom this Section 57 applies:

• Informal Negotiation: Direct negotiation with The Hotel’s customer service team (described in paragraph 57.3, below).
• Binding Arbitration: If necessary, binding arbitration in accordance with the terms of this Arbitration Agreement.

57.3 Mandatory Pre-Arbitration Dispute Resolution and Notification

At least 30 days prior to initiating an arbitration, you and The Hotel each agree to send the other party an individualized notice of the dispute in writing (“Pre-Dispute Notice") and attempt in good faith to negotiate an informal resolution of the individual claim.

• Pre-Dispute Notice Requirements:
  • Send your Pre-Dispute Notice to The Hotel by mailing it to the address of the hotel To the attention of the Legal Department
  • The Hotel will send its Pre-Dispute Notice to the email address associated with your The Hotel account.
  • A Pre-Dispute Notice must include: the date, your name, mailing address, your The Hotel reservation, the email address you used to book your reservation, your signature, a brief description of the dispute, and the relief sought.
  • If the parties are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration by filing a written demand for arbitration with the arbitration provider designated pursuant to Section 51.6 below. A claimant’s Pre-Dispute Notice requirement is a prerequisite to any arbitration, and a copy of the Pre-Dispute Notice and evidence that it was sent as required by this Section must be attached to any arbitration demand.

57.4 Agreement to Arbitrate

You and The Hotel mutually agree that any dispute, claim, or controversy arising out of or relating to these Terms, the applicability, breach, termination, validity, enforcement, or interpretation thereof, or any use of The Hotel’s services—including but not limited to your reservation, room booking, stay, use of hotel amenities or services, payment, interactions with hotel staff, or any use of the The Hotel Platform, Host Services, or any related Content(collectively, “Disputes”)—will be settled exclusively by binding individual arbitration (the “Arbitration Agreement”).

Arbitrability: If there is a dispute about whether this Arbitration Agreement can be enforced or applies to a Dispute, you and The Hotel agree that an arbitrator will decide that issue. For the avoidance of doubt, you and The Hotel agree that any question regarding arbitrability and the formation, enforceability, validity, scope, or interpretation of all or part of this Section 57, including any dispute over compliance with the Pre-Dispute Notice requirement and a party’s responsibility to pay arbitration fees, shall be resolved exclusively by an arbitrator.

57.5 Exceptions to Arbitration Agreement

You and The Hotel each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction:

• Any claim or cause of action alleging actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
• Any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).
• A request for the remedy of public injunctive relief.
• Any claim or cause of action for vexatious litigation.
• Any individual claim of sexual assault or sexual harassment.

Public Injunctive Relief: Any request for the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act.

57.6 Arbitration Forum Rules and Governing Law

This Arbitration Agreement evidences a transaction in interstate commerce, and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this Arbitration Agreement, and not state law.

Arbitration Administration:

• The arbitration will be administered by ADR Services, Inc. (“ADR”) (www.adrservices.com) in accordance with the Selected Federal Rules and ADR’s Arbitration Rules then in effect (the “ADR Rules”), except as the Selected Federal Rules or ADR Rules are modified by or conflict with this Arbitration Agreement. The ADR Rules are available at www.adrservices.com.
• If ADR Services cannot or will not administer the arbitration, it will be administered by the American Arbitration Association (“AAA”) in accordance with the Selected Federal Rules and the AAA’s Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules”) then in effect, except as modified here. The AAA Rules are available at www.adr.org.
• If the AAA cannot and will not administer the arbitration, you and The Hotel shall confer and select an alternative arbitral forum, and if unable to agree, either party may ask a court to appoint an arbitrator pursuant to 9 U.S.C. § 5. The arbitration will then be conducted in accordance with the rules of the appointed arbitral forum unless those rules are inconsistent with the provisions of this Arbitration Agreement.

57.7 Modification of Arbitration Rules - Arbitration Hearing/Location

Remote Hearings: Any required arbitration hearing in an arbitration wherein the amount in controversy does not exceed $1,000,000 shall be conducted remotely via video conference except as otherwise agreed by the parties or instructed by the arbitrator. In-Person Hearings: Any required arbitration hearing in an arbitration wherein the amount in controversy exceeds $1,000,000 shall be conducted in Sarasota County except as otherwise agreed by the parties or instructed by the arbitrator. Document Submission: If the amount in controversy is $10,000 or less, the parties agree to proceed solely on the submission of documents to the arbitrator.

57.8 Modification of Arbitration Rules – Arbitration Fees and Costs

Your arbitration fees and your share of arbitrator compensation shall be governed by the ADR Rules and the ADR Services fee schedule (available at www.adrservices.com).

Fee Waiver: If you have a gross monthly income of less than 300% of the federal poverty guidelines, you are entitled to a waiver of arbitration fees and costs, exclusive of arbitrator fees. You may request a fee waiver by providing the arbitration provider with a declaration under oath stating your monthly income and the number of persons in your household. If a fee waiver is granted by the arbitration provider and you provide The Hotel with documents necessary to prove that your gross monthly income is less than 300% of the federal poverty guidelines, The Hotel will pay your share of any arbitrator fees.

57.9 Modification of Arbitration Rules - Claims Brought for an Improper Purpose or In Violation of This Arbitration Agreement

Either party may make a request that the arbitrator impose sanctions upon proving that the other party or its attorney(s) has asserted a claim or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous.

Sanctions: As allowed by applicable law, the arbitrator shall impose sanctions equal to the requesting party’s reasonable attorneys ’fees and costs upon finding that a claim or defense is groundless in fact or law, brought in bad faith or for the purpose of harassment, asserted in violation of Fed. R. Civ. P. 11(b) (treating the arbitrator as “the court”), or is otherwise frivolous.

Dismissal of Arbitration: Either party may seek dismissal of any arbitration filed in violation of any provision of this Arbitration Agreement.

Counterclaim: Either party may assert in arbitration a counterclaim for the other party’s initiation of proceedings concerning an arbitrable Dispute without complying with or otherwise in violation of the requirements of this Arbitration Agreement. Upon finding that a party has initiated proceedings concerning an arbitrable Dispute without complying with or otherwise in violation of the requirements of this Arbitration Agreement, the arbitrator shall award the other party its actual damages, including but not limited to reasonable attorneys ’fees and costs.

57.10 Arbitrator’s Decision

The arbitrator will issue a written decision which shall include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction.

Relief Allowed: The arbitrator may award any relief allowed by law or the ADR Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.

57.11 Jury Trial Waiver

You and The Hotel acknowledge and agree that both parties are each waiving the right to a trial by jury as to all arbitrable Disputes.

57.12 No Class Actions or Representative Proceedings

You and The Hotel acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding.

Consolidation of Claims: Unless we agree in writing or as provided in this agreement, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding.

Severability: If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action, or requested remedy, then that claim, cause of action, or requested remedy, and only that claim, cause of action, or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action, or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action, or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action, and requested remedies are resolved by the arbitrator.

57.13 Mass Action Waiver

You and The Hotel acknowledge and agree that the relative benefits and efficiencies of arbitration may be lost when 100 or more arbitration claims are filed within 180 days which:

• Involve the same or similarly situated parties.
• Are based on the same or similar claims which arise from the same or substantially identical transactions, incidents, alleged violations, or events requiring the determination of the same or substantially identical questions of law or fact.
• Involve the same or coordinated counsel for the parties (“Mass Action”).

Mass Action: Accordingly, you and The Hotel agree to waive the right to have any Dispute administered, arbitrated, or resolved as part of a Mass Action (though Sections Governing law and Sections 57.12 of these Terms will continue to apply to the Dispute). In case of a dispute, the appointed arbitrator for the first matter instituted within a set of claims identified by either party shall decide whether those claims are part of a Mass Action. If no arbitrator has yet been appointed, an arbitrator shall be appointed solely to determine whether claims identified by either party are part of a Mass Action. Nothing in this provision prevents you or The Hotel from participating in a mass settlement of claims.

57.14 Modification of Arbitration Rules – Mass Action Batching Requirements

If for any reason, notwithstanding Section 57.13, an arbitration proceeds as part of a Mass Action, the parties shall group the arbitration demands into batches of no more than 200.

• Batching Process: The batches shall be determined by listing the claimants alphabetically (by last name or business name, as applicable)—for example, the first 200 claimants listed will be the first batch, the next 200 claimants listed will be the second batch, and so forth. The parties shall randomly assign each batch a sequential number and arbitrate the batches one at a time, in sequential order. While one batch is being arbitrated, the arbitration provider shall hold the remainder in abeyance unless otherwise agreed by the parties or instructed by the arbitration provider. Each batch shall be resolved within 240 days of the pre-hearing conference for that batch.
• Delayed Proceedings: Notwithstanding the foregoing, if any claimant’s demand has not been the subject of a pre-hearing conference within 2 years of the latest-filed demand in the Mass Action, such claimant may elect to pursue the claims asserted in the claimant’s demand in court subject to Sections Governing law and 57.12 of these Terms.

57.15 Modification of Arbitration Rules – Offers of Judgment

At least 10 days before the date set for the arbitration hearing, you or The Hotel may serve a written offer of judgment on the other party to allow judgment on specified terms.

• Acceptance of Offer: If the offer is accepted, the offer with proof of acceptance shall be submitted to the arbitration provider, who shall issue an award accordingly.
• Rejection of Offer: If the offer is not accepted prior to the arbitration hearing or within 30 days after it is made, whichever occurs first, it shall be deemed withdrawn and cannot be given as evidence in the arbitration, other than with respect to costs (including all fees paid to the arbitration provider).
• Failure to Obtain Favorable Award: If an offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover their post-offer costs and shall pay the offering party’s costs (including all fees paid to the arbitration provider) from the time of the offer.

57.16 Severability

Except as provided in Section 57.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision will be severed and the remainder of the Arbitration Agreement will be given full force and effect.

57.17 Amendment to Agreement to Arbitrate

If The Hotel amends this Section 57 after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject the change by sending us written notice no later than 30 days of the date the change is effective.

• Notice Requirements: Your notice must include your name, mailing address, the date of the notice, your The Hotel reservation, the email address you used to book your reservation, your signature, and an unequivocal statement that you want to opt out of the amended Section. You must either mail your notice to: to the address of the hotel To the attention of the Legal Department.
• Effect of Rejection: Rejecting a new change does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and The Hotel (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and The Hotel.

57.18 Survival

Except as provided in Section 57.12, this Section 57 will survive any termination of these Terms and will continue to apply even if you stop using the The Hotel Platform or terminate your The Hotel account.

58 No Defamation, No Disparagement, and Privacy Clause

Prohibition Against Defamation, Disparagement, and Disclosure of Personal Information: Guests agree not to make any false, defamatory, disparaging statements or representations, or disclose personal information about The Hotel, its owners, employees, agents, or other guests. This includes, but is not limited to, statements made verbally, in writing, or through any form of media, including social media platforms and online travel agencies. Personal information such as names, contact details, or private details about hotel staff or other guests must not be shared in any public or private forums, including reviews. This clause does not prohibit honest, legitimate reviews or feedback based on personal experiences, as long as they are made in good faith, without malicious intent, and without revealing personal information.

Scope of Defamation and Disparagement: Defamation includes any false communication that harms the reputation of The Hotel or its affiliates, causing them to be subject to public contempt, ridicule, or mistrust, or to be avoided or shunned. Disparagement refers to any statements that belittle, criticize unfairly, or negatively impact the reputation of The Hotel, even if the statements are true, if done with the intent to damage The Hotel’s business or standing. False statements made with the intent to harm The Hotel’s reputation will be considered defamatory under this clause, and unfairly negative statements will be considered disparaging.

Social Media, Public Forums, and Personal Information: Guests are specifically prohibited from posting false, defamatory, disparaging comments or any personal information about The Hotel’s staff, owners, or guests on social media platforms, review websites, blogs, forums, online travel agencies, or any other public or private online or offline platforms. Legitimate feedback and reviews based on actual guest experiences are not considered defamation or disparagement, provided they are posted without malice, are based on true events, and do not reveal any personal information.

Encouragement to Report Issues: Before resorting to public forums, guests are encouraged to report any issues, concerns, or complaints directly to The Hotel’s management. This will allow The Hotel to address and resolve the issue in a timely manner.

Consequences of Defamation, Disparagement, or Privacy Violations: Any guest found to be in violation of this clause may be subject to immediate eviction from The Hotel without a refund. Additionally, The Hotel reserves the right to pursue all available legal remedies, including seeking monetary damages and injunctive relief.

Right to Respond: The Hotel reserves the right to publicly respond to any statements made by guests that it believes to be false, defamatory, disparaging, or that disclose personal information, and will take appropriate actions to protect its reputation.

Reporting Defamation, Disparagement, or Privacy Violations: Guests are encouraged to report any instances of defamation, disparagement, or the disclosure of personal information to Hotel management. Reports will be taken seriously and addressed promptly.

59 Notice for California Users

Consumer Rights Information: Residents of California are entitled to specific consumer rights information. Under California Civil Code Section 1789.3, California users of the services are entitled to the following specific consumer rights notice:

• Complaint Assistance Unit: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at:
• Address: 400 R Street, Suite 1080, Sacramento, California 95814
• Telephone: (916) 445-1254 or (800) 952-5210

60 Copyright and Intellectual Property Notice

Acknowledgement of Intellectual Property Rights By staying at The Hotel, using our facilities, or making a reservation, you acknowledge and agree that all content, including but not limited to logos, trademarks, images, written materials, and digital media provided or displayed by The Hotel, whether through our website, in-room materials, or any other medium, is the exclusive property of The Hotel or its respective owners. These materials are protected under national and international copyright and intellectual property laws.

Prohibited Use: Guests are strictly prohibited from copying, reproducing, distributing, modifying, or using any of these materials for any purpose, personal or commercial, without the express prior written consent of The Hotel. Unauthorized use of The Hotel’s intellectual property may result in immediate legal action, including claims for damages, injunctive relief, and other legal remedies.

Implied Acceptance of Terms: By staying at The Hotel, guests implicitly accept these terms and conditions. The continued use of hotel services, facilities, or any content displayed at The Hotel shall constitute acceptance of this agreement. Guests who do not agree with these terms must refrain from using hotel services or accessing any copyrighted material.

61 Management Rights

Amendment of Terms: The Hotel management reserves the right to modify, amend, or update these terms and conditions at any time. The version of the terms and conditions that applies to a guest's stay will be the one in effect at the time of check-in. Guests are encouraged to review the terms upon arrival.

62 Severability Clause

In the event that any provision, clause, or term of this guest agreement is found to be invalid, illegal, or unenforceable for whatever reason, by an arbitrator or a 10 court of competent jurisdiction, such determination shall not affect the validity, legality, or enforceability of the remaining provisions, clauses, or terms of this agreement. The invalidity or unenforceability of any single provision, clause, or term shall not render the entire agreement void or unenforceable.

63 Governing Law

Applicable Law: This agreement shall be governed by, and construed in accordance with, the laws of the State of Florida, where The Hotel is located, without regard to its conflict-of-law principles. All disputes arising under or related to these terms and conditions shall be interpreted and resolved under the laws of the State of Florida and the United States of America.

Arbitration Requirement: Any dispute, claim, or controversy arising out of or relating to this agreement, including, but not limited to, the breach, termination, enforcement, interpretation, or validity thereof, shall be resolved exclusively through binding arbitration as outlined in Section 51.

Judicial Proceedings: In the event that arbitration is deemed non-binding or unenforceable for any reason, or if a court determines that arbitration does not apply to the specific dispute, the parties agree that any resulting judicial proceedings must be brought in the state or federal courts located in Sarasota, Florida. Both you and The Hotel expressly consent to the exclusive jurisdiction and venue of these courts and waive any objections to personal jurisdiction or venue in Sarasota, Florida.

By entering into this agreement, both parties acknowledge and agree to resolve disputes through arbitration as a first recourse, and only pursue judicial proceedings as outlined above in the event that arbitration is not viable.

64 Binding Language and Agreement Copy

The binding language of this agreement, and any associated documents, is English. A copy of this agreement can be provided by the front desk upon request. If this agreement is translated into any other language, the English version will prevail in the event of any conflicts or discrepancies between versions. Upon request, The Hotel may provide a translation of this agreement for the guest’s convenience; however, the English version remains the legally binding document.

65 E-Signature and Box Check Agreement

Electronic Signature: By checking the box and providing your electronic signature, you acknowledge and agree that your electronic signature has the same legal force and effect as a handwritten signature on paper. This agreement, including all terms and conditions, is governed by the Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and the Uniform Electronic Transactions Act (UETA), and you expressly consent to the use of electronic records and signatures in your transactions with The Hotel.

Authorization and Agreement to Terms: By signing below, you affirm that you have read, understood, and agree to be bound by the terms and conditions set forth in the Guest Agreement of The Hotel. You further authorize The Hotel to charge your credit card for any outstanding amounts on your account at the time of check-out, including any additional charges incurred during your stay.

Addendum Texas Addendum to Guest Agreement

Applicable To: All stays at properties operated by The Hotel within the State of Texas

Introduction

This Texas Addendum (“Addendum”) supplements the Guest Agreement in effect at The Hotel and applies solely to guests staying at properties located within the State of Texas. All terms, conditions, policies, and rules contained in the Guest Agreement remain fully binding and enforceable for guests at Texas properties. This Addendum does not alter the guest’s obligations or responsibilities under the Guest Agreement but provides limited modifications to certain legal references and compliance provisions where required under Texas law.

In the event of a conflict between the Guest Agreement and this Addendum, the terms of this Addendum shall prevail only with respect to legal references or requirements mandated by Texas state or local law. All other provisions of the Guest Agreement, including but not limited to conduct policies, amenity use, fees, and guest responsibilities, remain in full force and effect without modification.

By entering, occupying, or using the facilities of any Texas-based property operated by The Hotel, the guest acknowledges and agrees to be bound by the full Guest Agreement, as supplemented by this legally required Addendum.

1. Governing Law

This Addendum replaces Section 63 (Governing Law) of the Guest Agreement solely for properties located in the State of Texas. The Guest Agreement shall remain governed by the laws of the State of Florida; however, any provisions that are subject to mandatory compliance with Texas law — including but not limited to tax obligations, safety regulations, accessibility requirements, and consumer protections — shall be construed and enforced in accordance with the laws of the State of Texas to the extent required by statute or public policy.

2. Firearms and Weapons Policy

This Addendum replaces Section 25 (Comprehensive Firearm Liability Waiver) of the Guest Agreement. In accordance with Texas Penal Code §§ 30.05, 30.06, and 30.07, The Hotel prohibits the possession of firearms and other weapons on the premises by any individual other than licensed law enforcement officers. Required signage is displayed at all public entrances in English and Spanish as required by law. Any guest or visitor who violates this policy may be removed from the property without refund and reported to local authorities.

3. Hotel Occupancy Tax

This section supplements the "Local Taxes and Fees" provision in the Guest Agreement. Guests staying at Texas-based properties operated by The Hotel are subject to the Texas state hotel occupancy tax as set forth in Chapter 156 of the Texas Tax Code, in addition to any local city or county hotel taxes applicable at the specific location of the property.

These taxes are mandatory, non-negotiable, and are automatically applied to the guest’s folio at the time of billing. The total tax rate may vary by city or county in accordance with applicable local ordinances (e.g., Houston, Dallas).

By staying at a Texas property, the guest acknowledges and agrees to the assessment and collection of all such taxes in compliance with Texas state and local law.

4. Fire Safety Penalty Enforcement

The fire safety penalty outlined in Section 45 of the Guest Agreement is enforceable up to $2,000 per incident under applicable Texas municipal codes. Additional costs incurred due to a guest’s actions may also be charged in accordance with Texas law.

5. Arbitration – Texas Application

This Addendum supplements Section 57 Dispute Resolution and Arbitration Agreement of the Guest Agreement for any guest stay at a Texas-based property operated by The Hotel.

Section 57 remains fully binding and in effect, and all arbitration terms contained therein apply equally to Texas guests. However, as required under Texas law and for avoidance of ambiguity, the following jurisdiction-specific modifications apply:

• The parties agree that Florida law shall govern the interpretation and enforcement of the Guest Agreement and this Arbitration Agreement, except to the extent that Texas law is mandatory and cannot be waived by contract.
• In the event arbitration is found to be unenforceable, any judicial proceeding shall take place in a court of competent jurisdiction in the Texas county where the Hotel property is located, but Florida law shall apply to the fullest extent permitted.
• All other terms of Section 57, including waivers, pre-arbitration procedures, arbitration forum, and class action limitations, remain fully applicable and binding.

By booking and staying at a Texas-based property, the guest acknowledges and agrees to these terms.

6. Applicability and Enforcement

This Texas Addendum is hereby incorporated by reference into the Guest Agreement and applies specifically to all stays at properties located in the State of Texas. By booking or staying at a Texas property operated by The Hotel, guests expressly agree to the terms of both the Guest Agreement and this Addendum.

The Texas Addendum is made available for review upon request, at the front desk, on each key room via QR codes and via posted signage throughout the property. Guests are deemed to have accepted its terms by their presence or use of the premises

7. Severability and Updates

If any provision of this Addendum is found to be unenforceable, the remaining provisions shall remain in effect. The Hotel reserves the right to amend this Addendum as required by changes in Texas law. Guests are encouraged to review the most current version, available upon request or via posted QR codes.