Terms & Conditions

Hidden Hacienda Terms & Conditions

Welcome to Hidden Hacienda - owned and operated by Five Marys Holding Company LLC (“Owner”).  We are excited to have you join us! This agreement sets forth the terms and conditions of your stay with us.  

1. Deposits. 
   1. Reservation Deposit. A 50% reservation deposit of the total occupancy fee (to include RV rental and horse boarding) for the Term is required to secure reservation.  
   2. RV Rental Cleaning Fee. For RV rentals, a cleaning fee of $100 shall be paid at time of reservation and shall be deemed earned in full when payable.  
   3. Refundability. All deposits described hereunder are ninety percent (90%) refundable until the date that is thirty (30) days prior to scheduled arrival date; after that deposit is non-refundable under all circumstances except that Owner shall return all security and cleaning deposits delivered hereunder in the event that Client does not utilize RV rental for any period of time.   
2. Payment.  If the occupancy Term is for thirty (30) days or fewer, the balance of occupancy fee shall be paid in full prior to arrival and shall be deemed earned when payable.  For occupancy Terms greater than thirty (30) days, (i) the balance of occupancy fee allocable to the first thirty (30) days (if any) shall be paid in full prior to arrival and shall be deemed earned when payable and (ii) the occupancy fee for subsequent thirty (30) day periods shall be paid in advance on a monthly basis (prorated for any partial period) and shall be deemed earned when payable.  Early departures shall not reduce the occupancy fee payable hereunder under any circumstances.   Without limiting other rights and remedies of Owner, Owner is authorized to utilize the credit card on file and any deposit delivered to cover any amounts payable under this Agreement.
3. Term.  For occupancy Terms more than thirty (30) days, Owner shall have the right to terminate this Agreement upon thirty (30) days prior written notice to Client. In no event shall the Term of this Agreement or occupancy exceed one hundred seventy nine (179) days.  
4. Utility Charges. For stays under fourteen (14) nights, electrical shall be provided to RV sites however owner reserves the right to assess an electricity fee of $.30/Kwh for electricity consumption in excess of 30 Kwh/day (daily average) during said occupancy Term. For stays more than fourteen (14) days, Owners reserves the right to charge Client for electrical usage as determined by Owner’s electrical meters. 
5. Rules.  Client and its guests/invitees, shall strictly comply at all times with all host requirements and directives and with Owner’s facility rules, as the same may be modified by Owner in its sole discretion from time to time.  Owner shall have the right to immediately terminate this Agreement and Client’s occupancy upon a breach of Client’s obligations under this paragraph. 
6. RV Rentals.  This agreement does not provide Client or any other party with the right to tow or otherwise move any Owner RV from the Property.  Each RV Rental must be returned in the same condition received without damage and the inside must be clean prior to check out (dishes washed, dried, and put away, trash removed, floors swept, and countertops wiped). Failure to return without damage and/or in an unclean state will result in additional charges that may be deducted from the Security Deposit (without limiting other remedies under this agreement or at law).  The A/C, generator, awning, radio, microwave, television, jacks, etc. are convenience items - if any malfunctions should occur with any of these items, Owner will make reasonable efforts to promptly make necessary repairs, however no compensation will be made to Client. 
7. Horse Boarding.  
   1. Horse Care. Client represents and warrants to the best of his knowledge, and for all horses delivered by Client or his agents to the Property (i) all health documentation delivered to Owner is true, complete and correct and specific to each horse delivered by Client or his agents and (ii) no horse has any dangerous behavioral proclivities or potentially communicable conditions.   Owner shall provide hay twice per day and water and shall keep clean stalls reasonably clean but shall otherwise have no responsibility or liability for any horses at the Property; however, if in Owner’s sole judgement, Owner determines that any horses are injured, sick or otherwise in need of veterinary care, Owner shall have the right in its sole and absolute discretion to secure, at Client’s sole cost and expenses and payable to Owner upon demand, any veterinary care deemed necessary by Owner and Owner shall have no liability for such care.  Such care shall include without limitation euthanasia and removing any horse from the Property for quarantine or other purposes.  Owner will attempt to notify the Client by phone, text or email prior to securing such care but failure to notify shall not limit Owner’s rights hereunder.   
   2. Stable Keeper/Agistor Liens.  Owner shall have and CLient hereby grants to Owner a lien against the horse(s) and other personal property of CLient on the Property for all amounts owed or owing under the Agreement.  In addition to all other available remedies, said lien may be foreclosed and said property may be sold subject to the provisions of applicable law and proceeds may be applied by Owner in satisfaction of CLient’s obligations under this Agreement including, without limitation, costs of storage, attorney fees and costs of sale.

Overdue Payments.   In the event any payment due hereunder is not paid when due, Owner shall have the right to assess a late fee of Twenty Dollars ($20) per day until paid in full. Moreover, Owner shall also have the right to immediately terminate this agreement. 

1. Assumption of Risk. CLIENT IS AWARE THAT, IN ACCESSING OR USING THE PROPERTY AND/OR RV RENTALS, CLIENT (AND CLIENT’S MINOR CHILDREN)  MAY BE EXPOSED TO ACCIDENTS, THEFT AND/OR INHERENTLY DANGEROUS CIRCUMSTANCES AND ACTIVITIES, INCLUDING, WITHOUT LIMITATION, THE NEGLIGENT ACTIONS OR INACTIONS OF OTHER GUESTS,  MECHANICAL FAILURES, CONTAGIOUS CONDITIONS, SNAKES AND OTHER VERMIN, HORSES AND OTHER LIVESTOCK AND ALL TERRAIN VEHICLES, WHICH MAY CAUSE PERSONAL INJURY OR DEATH OR DAMAGE TO MY PROPERTY (INCLUDING HORSES) AS A RESULT OF MY ACTIVITIES, THE ACTIVITIES OF OTHERS UPON ON OR ABOUT THE PROPERTY, OR THE CONDITION OF THE PROPERTY, EQUIPMENT, RVS OR LIVESTOCK.  WITH KNOWLEDGE OF THESE RISKS, CLIENT ON BEHALF OF HIMSELF AND HIS MINOR CHILDREN, LEGAL SUCCESSORS AND ASSIGNS, ACCEPTS ANY AND ALL RISKS OF PERSONAL INJURY, DEATH OR DAMAGE TO PROPERTY (INCLUDING WITHOUT LIMITATION HORSES).  
2. Release.  Client, on behalf of itself and its successors, assignees, heirs, legal guardians and minor children, hereby releases and forever discharges Owner and its equity holders, officers, directors, employees, agents, attorneys, affiliate companies, legal successors and assigns (such released parties are collectively referred to herein as the “Released Parties”), of and from any and all claims, demands, damages, debts, liabilities, accounts, obligations, costs, expenses, liens, actions and causes of action of every kind and nature whatsoever for personal injury, death, property (including without limitation horses and livestock) damage, vehicle damage, monetary damage or any other type of loss (each, a “Claim”) based upon or arising out this occupancy Agreement (including, without limitation Claims relating to real property, RV Rentals, vehicles, equipment, horses, livestock or other persons) except to the extent such Claim is directly caused by the active negligence or wilful, wanton or intentional acts or omissions of Owner or its employees.  The provisions of this paragraph shall be deemed a release pursuant to A.R.S. Section 12-553 on behalf of Client and its successors, assignees, heirs, legal guardians and minor children; to wit, AN OWNER, LESSOR OR AGENT OF ANY RIDING STABLE, RODEO GROUND, TRAINING OR BOARDING STABLE OR OTHER PRIVATE PROPERTY THAT IS USED BY A RIDER OR HANDLER OF AN EQUINE WITH OR WITHOUT THE OWNER’S PERMISSION IS NOT LIABLE FOR INJURY TO OR DEATH OF THE EQUINE OR THE RIDER OR HANDLER.   Client shall, without further notification or request from Owner, cause all legal guardians of all minor children that Client brings to or allows upon the Property, as well as all guests and invitees of Client (or their legal guardians in the case of minors), to sign a separate release, assumption of risk and indemnity agreement (which include a release in accordance with A.R.S. Section 12-553) prior to or immediately upon accessing the Property and the form of said separate agreement shall be made available to Client by Owner. 
3. Indemnity.    In consideration of the opportunity afforded me under this occupancy Agreement, Client agrees to indemnify, hold harmless, protect, and defend the Released Parties from and against any and all liability, actions, causes of action, costs, and expenses arising in connection with any Claim (whether actual or threatened) of injury, death, or property damage (including without limitation horse injury or death) arising or resulting from or connected with any breach or failure to perform by Client under this agreement and/or the actions or inactions of Client, Client’s family or Client’s horses, guests or invitees and relating to this occupancy Agreement except to the extent such Claim is directly caused by the active negligence or wilful, wanton or intentional acts or omissions of Owner or its employees.
4. Miscellaneous.  The parties to this Agreement hereby waive their rights to a Trial by a Jury and agree that any dispute arising out of, or relating in any way to this Agreement, shall be tried before a Judge sitting without a Jury.  This Agreement is governed by Arizona law. In the event any provision of this Agreement is determined to be legally unenforceable, then the balance of the Agreement shall be enforceable to the maximum extent practicable. In any dispute arising out of this Agreement, the prevailing party shall be entitled to an award of its reasonable Attorneys’ fees and Court costs. If the performance by Owner of any of Owner’s obligations or undertakings under this Agreement is interrupted or delayed by any occurrence not occasioned by the conduct of either party to this Agreement, whether that occurrence is an act of God or public enemy, or whether that occurrence is caused by war, riot, storm, earthquake, epidemic, pandemic, or other natural forces, or by the acts of anyone not party to this Agreement, then Owner shall be excused from any further performance for whatever period of time after or during the occurrence is reasonably necessary to remedy the effects of that occurrence.  All notices under this Agreement shall be delivered in writing to the email addresses provided herein.  This Agreement may be executed electronically and/or in counterparts.  Reservations are not transferable - spaces at the Property may not be shared, assigned, sublet, or transferred without prior written permission of Owner.  Except as set forth in this Agreement, there are no oral understandings, terms or conditions relating to occupancy of the Property and Client has not relied upon any representation, express or implied, that is not contained in this Agreement. This Agreement may only be modified in a writing signed by the signatories hereunder.