Terms and Conditions Updated: January 1st, 2025

These Terms & Conditions for Accommodation (the “Contract”) are made and entered into by and between CS Irwin LLC (“Eleven Homes”), and you, on behalf of yourself and your guests (collectively the “Guest”).

IT IS IMPORTANT THAT THE GUEST READS AND UNDERSTANDS THIS CONTRACT. THIS CONTRACT CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN THE GUEST AND ELEVEN HOMES.

THIS CONTRACT WILL BE ACCEPTED BY THE GUEST, AND THE GUEST WILL BE LEGALLY BOUND HEREBY, UPON THE FIRST OCCURRENCE OF ANY OF THE FOLLOWING EVENTS:

(1) THE GUEST’S ACCEPTANCE OF THIS CONTRACT IN WRITING, VERBALLY, ELECTRONICALLY, OR IN ANY OTHER MANNER,

(2) THE GUEST’S PAYMENT OF ANY AMOUNTS TO ELEVEN HOMES (WHETHER PAID DIRECTLY OR BY A CREDIT CARD THE GUEST AUTHORIZES ELEVEN HOMES TO CHARGE IN CONNECTION WITH OR FOLLOWING THE BOOKING) AT ANY TIME FOLLOWING THE GUEST RECEIVING THIS CONTRACT, INCLUDING ON AN INVOICE, RECEIPT, ON-LINE, OR IN AN E-MAIL, OR THROUGH A WEBSITE LINK TO THIS CONTRACT), OR

(3) IF NEITHER (1) NOR (2) ABOVE HAS OCCURRED, THEN UPON THE GUEST RECEIVING THIS CONTRACT, INCLUDING ON AN INVOICE, RECEIPT, OR IN AN E-MAIL, OR THROUGH A WEBSITE LINK TO THIS CONTRACT), UNLESS THE GUEST PROVIDES ELEVEN HOMES WITH WRITTEN NOTICE OF ITS REFUSAL TO ACCEPT THIS CONTRACT WITHIN FIVE (5) DAYS AFTER ITS RECEIPT.

BOOKINGS AND CONFIRMATION

Subject to the terms and conditions of this Contract, the Guest may book a reservation for a stay at one of the properties identified above (the “Property”) and for recreational activities, events and other services provided by Eleven Homes or by one or more third parties or Other Eleven Homes Entities (“Activities”) (collectively, a “Booking”). The Guest will provide complete and accurate information in connection with the Booking including, without limitation, the names, addresses and other information about the Guest and any other Participants (as defined below), and a valid e-mail address for Eleven Homes to use to deliver a Booking confirmation and to communicate with the Guest in connection with the Booking and this Contract. The Guest will maintain the e-mail address it provides to Eleven Homes and will immediately notify Eleven Homes of a substitute e-mail address in the event the one on record with Eleven Homes is changed or no longer in use by the Guest.

After Booking and prior to check in the Property Manager will deliver the rules of the Property (the “Welcome Guidelines”) via email delivery to the Guest. Property Manager reserves the right to levy reasonable additional charges on the Guest for violations of the Welcome Guidelines.

No Bookings are binding until: (1) the Guest has made full payment of the Deposit, (2) the Guest’s acceptance of this Contract, and (3) Eleven Homes provides the Guest a Booking confirmation. All Bookings are subject to the terms and conditions of this Contract.

DEPOSITS, CANCELLATION POLICY AND CHANGES

Eleven Homes Booking, Deposits, Cancellation and refund policies are strictly enforced.

Deposits

The Guest may be required to pay a deposit (“Deposit”) at the time the Guest places the Booking, with the balance due prior to checking in for the Booking. That certain Deposit is defined on the Property Website. The Property and the Booking may be subject to different requirements for the payment of the Deposit and the balance set forth in Eleven Homes Cancellation Policy (as defined below), and in those instances the payment requirements stated in the Cancellation Policy will apply. Should the Guest not timely pay the balance in full when due, Eleven Homes reserves the right to cancel the Booking in full and the Guest’s Deposit is non-refundable. The Guest may elect to pay for the Booking through one or more payment types, and specify the application of such payment(s) with respect to certain accommodations or Activities; provided, however, the terms and conditions contained in this Contract with respect to Bookings, Deposits, changes, Cancellations and refunds will apply with respect to each separate payment as if all payments were one and the same.

Cancellation Policies

All Cancellations by the Guest are subject to Eleven Homes Cancellation policies, which may differ for each Property and for each Booking (the “Cancellation Policy”). The Cancellation Policy may be viewed on the Property Websites under RATES. Eleven Homes Cancellation Policy is strictly enforced. Except for the Guest’s Cancellation of a Booking timely made in accordance with the Cancellation Policy, the Guest may not Cancel a Booking for any reason. If for whatever reason the Guest is provided credits, no refunds are given if the credits are not timely used before their expiration date, and their expiration date will not be extended or carried forward to future seasons.

“Cancellation” or “Cancel” is defined as full or partial cancellation, a reduction in number of nights, a reduction in number of accommodations or Activities reserved. All Guest notices of Cancellation and requests for changes in Bookings and/or Activities of any kind must be delivered in writing or by e-mail to the Property Manager.

Changes to Bookings and Activities

Unless otherwise agreed in writing by Eleven Homes, any change or modification to a Booking or Activities requested by a Guest shall be treated as a Cancellation of the Booking and the placement of a new Booking in accordance with the requested changes and modifications. Accordingly, a Guest may not change or modify a Booking or Activities unless such change or modification is submitted to Eleven Homes prior to the Guest’s deadline to Cancel the Booking in accordance with the Cancellation Policy, and in such instance any refunds or credits provided under the Cancellation Policy will be applied to the requested changes and modifications.

NON-REFUNDABLE AMOUNTS

The Bookings, Activities and Property are unique and Cancellations significantly affect operations. The Guest acknowledges and agrees that except for any refund or credit that is expressly permitted by the terms of the Cancellation Policy applicable to the Property and the Booking, and except for an Eleven Homes Corrective Change (as defined below), the Guest has no right to, and will not receive, any refunds, reimbursements or credits for any Deposits, payments or any other amounts paid in connection with any Bookings under any circumstances, whether the Cancellation is made by the Guest for any reason of any kind or nature whatsoever, and even in the event of a Force Majeure (as defined below), and Eleven Homes shall have no liability to the Guest in connection with any of the foregoing. The Guest assumes all risks.

Cancel for Any Reason Insurance

Due to Eleven Homes strict Cancellation Policy and the Guest’s risk of loss of its Deposit and all other amounts paid, Eleven Homes strongly recommends that the Guest purchase “Cancel for Any Reason” (“CFAR”) travel insurance to provide the Guest with coverage for Cancellations for any reason, injuries, lost luggage, Force Majeure, frustration of its purpose, impracticability or impossibility of performance, economic hardship or loss, and any other events that may affect the Booking. Eleven Homes representatives can provide the Guest with the name of a third-party travel insurance provider who offers CFAR travel insurance coverage for the Guest’s Booking, or the Guest may purchase CFAR travel insurance from another insurance provider of its choosing.

The decision whether to purchase CFAR travel insurance is in the sole and absolute discretion of the Guest, and the Guest acknowledges, accepts and agrees that: (1) the Guest’s purchase of CFAR travel insurance is the Guest’s SOLE AND EXCLUSIVE REMEDY to recover its non-refundable Deposit and other payments to Eleven Homes in the event of a Cancellation not subject to a refund under the Cancellation Policy or in the event of a Force Majeure, (2) if the Guest chooses not to purchase CFAR travel insurance, then it accepts the full, complete and entire risk of loss of its non-refundable Deposit and other payments to Eleven Homes in the event of a Cancellation not subject to a refund under the Cancellation Policy or in the event of a Force Majeure, and (3) the Guest fully accepts all of the foregoing risks of loss even if caused by a Force Majeure, or if the Guest is unable to perform for any reason, or if the Guest’s stay or use of the Property or any Activities or other portions of the Booking or the Guest’s purposes or primary purpose for the Booking are frustrated or rendered impossible, impracticable, difficult, costly or results in any economic hardship or losses. In connection with a Booking, Eleven Homes may require the Guest to sign a declaration acknowledging whether the Guest has purchased CFAR travel insurance or declined to purchase that insurance as described above in this paragraph. If the Guest does not timely provide Eleven Homes with the signed declaration, Eleven Homes shall have the right to Cancel the Booking, which Cancellation shall be subject to the Cancellation Policy.

Cancellation or Change by Eleven Homes

Eleven Homes may cancel or request a change to a Booking or Activities because of an error made by Eleven Homes in the Booking or Activities dates, a double booking, a conflict with another event, Booking or Activity at the Property, or any similar error (an “Eleven Homes Corrective Change”). In the event of an Eleven Homes Corrective Change Eleven Homes will notify and provide the Guest with, in Eleven Homes sole discretion: (1) a refund of the amount paid for the Booking or Activities, (2) a credit for the amount paid for the Booking or Activities, which must be used within twelve months of the date of arrival stated in the Booking, and which may be applied to a new Booking at the same or another Property pending availability and subject to possible price increases, or (3) a combination of (1) and (2) above. For the avoidance of doubt, a change or cancellation due to Force Majeure is not an Eleven Homes Corrective Change.

ACTIVITIES AND OTHER PROVIDERS

The Guest may participate in Activities that may be located either on or off of the Property and that utilize real estate, property or equipment owned or operated by Eleven Homes, by one of Eleven Homes Affiliates (the “Other Eleven Homes Entities”) or by one or more third parties. Activities will be billed separately, as Additional Fees (as defined below), in advance and/or at the conclusion of the Guest’s stay and stated in a final invoice (“Final Invoice”). The Guest understands, acknowledges and agrees that: (1) such third parties and the Other Eleven Homes Entities are not parties to this Contract and are separate and independent entities and businesses, (2) the Guest must enter into separate agreements for any Activities directly with such third parties and Other Eleven Homes Entities, (3) the billing and payment of Additional Fees for such Activities may be coordinated through Eleven Homes, and (4) under no circumstances will Eleven Homes be liable to the Guest or to any third party for any Activities provided or offered by third parties or any Other Eleven Homes Entities, or for any acts, omissions, negligence or willful misconduct of any third parties or any Other Eleven Homes Entities. Likewise, the Other Eleven Homes Entities shall not be liable to the Guest or any third party for the acts, omissions, negligence or willful misconduct of Eleven Homes or of any third parties. Activities may have age and health restrictions and require the execution of a release, waiver of liability or other documents as a condition of participation.

ADDITIONAL FEES

The Guest acknowledges and agrees that it is liable for and will pay to Eleven Homes an amount equal to all and any fees (collectively, the “Additional Fees”) attributable to: (1) Activities and services engaged in or utilized by the Guest or its Activity Guests (as defined below), (2) all and any incidentals incurred during the Guest’s stay, and (3) damage caused, directly or indirectly, by the Guest or any Participants (as defined below). Any unpaid portion of the Additional Fees may be listed on the Final Invoice provided to the Guest.

Eleven Homes will charge Guest $100.00 per person per day that exceeds the maximum occupancy of the Property as defined under Rental Info on the Property OVERVIEW on the Property Website.

Eleven Homes will charge Guest $50.00 per hour for late check out. Check out is defined on the Property Website under BOOKING SETTINGS then Check-in / Check-out times.

After Booking and prior to check in the Property Manager will deliver the rules of the Property (the “Welcome Guidelines”) via email delivery to the Guest. Property Manager reserves the right to levy reasonable additional charges on the Guest for violations of the Welcome Guidelines.

FINAL INVOICE PAYMENT

Eleven Homes will provide the Guest a copy (via e-mail or otherwise) of the Final Invoice. The Guest will provide Eleven Homes a form of payment prior to check-in for purposes of paying the Deposit and/or the Final Invoice, which the Guest authorizes Eleven Homes to charge. If the Guest does not provide Eleven Homes an alternative form of payment prior to checkout for purposes of paying the Final Invoice, the Guest hereby authorizes Eleven Homes to charge (collectively, the “Guest Charge Cards”): (1) the credit card provided to Eleven Homes by the Guest for payment of the Guest’s Deposit, (2) the credit card provided to Eleven Homes by the Guest at or prior to check-in, if different from the credit card provided to Eleven Homes by the Guest for payment of the Guest’s Deposit, and/or (3) any credit card of the Guest otherwise on file with Eleven Homes or provided by the Guest to Eleven Homes during or prior to its stay at the Property, in the amount of the outstanding balance of the Final Invoice which may be charged in Eleven Homes absolute and sole discretion. Notwithstanding anything contained herein to the contrary, gratuity will not be included in any payment charged by Eleven Homes unless otherwise authorized by the Guest and/or Participants making payment of the Additional Fees.

THE GUEST’S INDEMNIFICATION OF ELEVEN HOMES AND OTHERS

The term “Released Parties” means Eleven Homes, each of the Other Eleven Homes Entities and their respective Affiliates, and each of their respective employees, agents, members, owners, trustees, affiliates, and insurers. The term “Affiliate” means with respect to any person or entity, any other person or entity that, directly or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with, the specified person or entity. As used in this definition of Affiliate, “control” means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a person or entity, whether through ownership of voting securities, by contract or otherwise.

The Guest acknowledges and agrees that neither Eleven Homes nor the Released Parties provide twenty-four (24) hour onsite management or supervision of the Property or their facilities or of any Activities.

The Guest hereby agrees to indemnify, defend and hold harmless the Released Parties from and against any and all liability, cost, expense or damage of any kind or nature whatsoever and from any suits, claims or demands, including legal fees and expenses made by a third party or by any of the Guest’s Participants whether or not in litigation, arising out of, or related to, the Guest’s or any of the Participants’ stay at or use of the Property and its facilities; however, the foregoing obligations shall not apply to the extent of a Released Parties’ negligence or willful misconduct. This obligation shall survive the period of the Guest’s stay at or use of the Property.

DAMAGE TO THE PROPERTY

The Guest assumes and is fully responsible and liable for any losses and damage to the Property or its facilities during their stay or use caused, in whole or in part, by the Guest and/or any Participants. Eleven Homes shall have the right, and the Guest hereby expressly authorizes Eleven Homes, to charge one or more of the Guest Charge Cards all fees, costs and expenses for the repair, replacement and/or correction of such losses and damages. Eleven Homes may list losses and damages, to the extent known or calculated, on the Final Invoice. Property Manager reserves the right to levy reasonable additional charges for violations of the “Welcome Guidelines.”

DOG POLICY

No pets are allowed at this Property.

SMOKING

Eleven Homes has a strict non-smoking of any kind policy blanketed over the entire operation, which includes but is not limited to all properties and all vehicles.

MINORS

Eleven Homes hosts many multigenerational trips and there is no age minimum for staying on Property and for many experiences. A minor is defined as a participant that is seventeen (17) years old or younger (“Minor”). A Minor must be accompanied by a parent or guardian during all Activities. Eleven Homes representatives will help determine if the Activities are appropriate for the Minor in question. If approved, both the Minor and a parent or guardian will need to complete an information form that includes a release and waiver of liability. Minors thirteen (13) years of age or younger may not be left without adult or guardian supervision or a hired babysitter, who has been engaged by the Guest, under any circumstances including, but not limited to on the Property.

PRIVACY POLICY

The Guest acknowledges that it has read Eleven Homes Privacy Policy which is available at http://www.elevenexperience.com/privacy-policy/ .

DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) PROCEDURE

Eleven Homes Digital Millennium Copyright Act (DMCA) notification and take-down procedures, and the identification of Eleven Homes’s DMCA Copyright Agent may be found at: http://www.elevenexperience.com/privacy-policy/.

ATTORNEYS’ FEES

In the event of any dispute, litigation or other proceeding between the parties hereto to enforce any of the provisions of this Contract, any breach, or any right of either party hereunder, each party shall be solely responsible for and pay its own costs, expenses and attorneys' fees, incurred at trial, on appeal, and in any arbitration, administrative or other proceedings.

FORCE MAJEURE

Eleven Homes shall not be liable or in breach of this Contract for any delay, inability, breach or default in performing any obligation under this Contract or in connection with any Booking or Activity, whether in whole or in part, resulting from a Force Majeure. Except for the Guest’s Cancellation of a Booking timely made in accordance with the Cancellation Policy that provides the Guest with a refund or credit, the Guest shall not receive any refund or credit in the event of any Cancellation caused by a Force Majeure, whether invoked or declared by Eleven Homes or the Guest. The term “Force Majeure” means: (1) any inability or failure by Eleven Homes to perform its obligations under this Contract or to provide the services, reservation, Property, or Activities subject to the Booking, in whole or in part, for any reason beyond Eleven Homes control, or (2) the Guest’s inability to travel to, access, use or enjoy the services, reservations, Property, or Activities subject to the Booking, in whole or in part, for any reason beyond the Guest’s control. Without limiting the foregoing, a Force Majeure also includes, without limitation, any event caused by an act of God; flood; fire; storm; destruction; inclement weather or a change of conditions which limit or affect the ability to access or use the Property or participate in Activities, such as the ability to travel to or stay at the Property or Activities; rain, snow storms or other adverse or unfavorable weather threats or conditions, or insufficient or unavailability of snow, water or other natural or man-made resources; strike; lockout; war; riot; insurrection; government or civil authority order or action; embargo; quarantine; pandemic, virus or other disease; health or safety guidelines, advisories or restrictions; state, country or local government or civil authority travel bans, closures, advisories or restrictions; legal restrictions, or compliance with any applicable state, federal or local government or civil authority laws, rules, ordinances or regulations or changes thereto; government or civil authority ordered shut downs or cessation of business or activities; administrative evacuation; or any other cause beyond either party’s control, whether or not related to any of the foregoing.

WAIVER

The failure or delay of any party in exercising any of its rights hereunder, including any rights with respect to a breach or default by the other party or the declaration of a Force Majeure, shall in no way operate as a waiver of such rights or prevent the assertion of such rights with respect to any later breach or default by the other party. No party shall be deemed to have waived any rights under this Contract by any action or inaction unless an express waiver is set forth in writing. The waiver of one breach hereunder shall not constitute the waiver of any other or subsequent breach. The rights and remedies of the parties contained in this Contract and as permitted by law or equity shall be cumulative.

MISCELLANEOUS

Whenever possible, each provision of this Contract shall be interpreted in such a manner as to be effective and valid under applicable law. However, if any provision of this Contract or the application of any provision to any party or circumstance shall be prohibited by or invalid under applicable law, such provision shall be reduced to such scope as is reasonable and enforceable if possible. Otherwise, such provision shall be severed from this Contract and ineffective to the extent of such prohibition or invalidity without it invalidating the remainder of the provisions of this Contract or the application of the provision to the other parties or other circumstances. The captions and headings used in this Contract are for convenience only and do not in any way limit, amplify, or otherwise modify the provisions of this Contract. There are no third party beneficiaries to this Contract, whether express or intended. All notices and other communications permitted or required by this Contract must be made in writing to be effective; however, the Guest agrees and consents to its receipt of notices from Eleven Homes via e-mail to an e-mail address provided to Eleven Homes by the Guest.

AUTHORITY; BINDING EFFECT

The person acknowledging this Contract on behalf of the Guest represents and warrants that this Contract has been duly authorized by the Guest and constitutes the valid and binding obligation of the Guest, and that the obligations of the Guest hereunder are binding upon all Participants and the Guest’s employees, agents, representatives and independent contractors.

JURISDICTION; VENUE

To the fullest extent permitted by law, this Contract shall be governed by the laws of the country and jurisdiction where the Property subject to the Booking is located without regard to its conflicts of law provisions. Eleven Homes and the Guest irrevocably and unconditionally submit, for herself, himself or itself and her, his or its assets, to the exclusive jurisdiction and venue of any state court or federal court sitting in or having jurisdiction over the location where the Property subject to the Booking is located and any appellate court from any such state court or federal court, in any proceeding arising out of or related to this Contract or the transactions contemplated by this Contract.

GUESTS AND INDEMNIFICATION

The Guest acknowledges and agrees that: (1) the Guest will notify all individuals who will be staying at the Property (“Staying Guests”) and all individuals who are enrolled to participate in Activities and special events (“Activity Guests”) of the terms and conditions of this Contract and that their acceptance of this Contract is a condition of their access and use of the Property and/or Activities and special events, (2) the Guest has identified and registered all Staying Guests on the Booking for the Property and identified and registered all Activity Guests on the Booking for all Activities and special events, and (3) only Staying Guests may stay at the Property and use the Property’s available facilities, and only Activity Guests may participate in the Activities and special events. The Staying Guests and the Activity Guests are collectively, referred to as the “Participants”.

The Property may only be used by the Guest and its Staying Guests and Eleven Homes has not granted, and does not grant any rights or permissions to any persons other than the Guest and its Staying Guests to access, enter or use the Properties or its facilities. The Guest shall not invite or allow any other person access or use of the Property or its facilities other than the Guest’s properly registered Staying Guests. The Guest shall not invite or allow any other person access or use of the Activities or special events other than the Guest’s properly registered Activity Guests.

The Guest will indemnify, defend and hold harmless Eleven Homes, the Other Eleven Homes Entities, their respective Affiliates and their respective employees, agents, officers, directors, contractors, successors and assigns from and against any actual or threatened claims by any Participants or third parties arising out of or relating to: (1) any breach of this Contract by the Guest, (2) any act or omission of any Participants, or (3) the Guest or any Participant’s negligent or willful misconduct.

In the event of suspected or actual emergency, Property Manager may enter the premises without notice. Property Manager also reserves the right to enter the premises for maintenance purposes.

Camping on the premises, including sleeping in pickup campers, trailers, recreational vehicles or motor homes, is prohibited, except that children included in the Maximum Occupancy set forth on the Property Website may set up a tent in the yard.

ACKNOWLEDGEMENTS

The Guest agrees and understands: (1) the Guest and all Participants will not engage in any activities prohibited by any applicable laws, statutes, regulations and ordinances, (2) this Contract is a contract and shall be binding upon the Guest and all Participants to the fullest extent permitted by law, and (3) it is the intent and agreement of the Guest that this Contract shall be binding upon the assignees, subrogors, distributors, heirs, next of kin, executors and personal representatives of the Guest and all Participants.

NON-TRANSFERABILITY

This Contract and each Booking is personal to the Guest and may not be assigned or otherwise transferred, in whole or in part, and Bookings may only be used by the Guest and the Participants expressly identified in the Booking.

ENTIRE AGREEMENT

This Contract together with all applicable Cancellation Policies are a complete and exclusive statement of the agreement between the Guest and Eleven Homes regarding the subject matter contained herein, payment, payment processing, the Property, the Booking, and the Activities, and embodies the complete and entire understanding of the parties and supersedes all prior or concurrent proposals and understandings, whether oral or written, and all other communications between the parties relating to that subject matter. The parties expressly declare and understand that no promises, inducements, consideration or agreements not herein expressed have been made to them. This Contract may only be amended by a writing signed by all parties. The Guest acknowledges and agrees that it may be required to enter into one or more additional agreements in connection with the Booking, the Activities, special events and the Property including, without limitation, waivers, releases and assumption of risks (the “Other Agreements”). Notwithstanding any provision of this Contract to the contrary, the Other Agreements are separate and independent agreements from this Contract , and nothing in this Contract amends, alters or otherwise affects the Other Agreements which shall remain in full force and effect under their own terms.