Terms & Conditions

KitFox, Lamy, New Mexico

KITFOX LLC

GENERAL TERMS AND CONDITIONS OF SALE

All rentals and other goods or services provided by KITFOX LLC (“KitFox”) to any occupant, attendee, visitor, or participant (“Participant”) are made on the following terms and conditions. By entering the premises, Participant acknowledges and agrees to the following terms and conditions (“Terms”).

USE: Participant may only use KitFox’s property (“Property”) for residential vacation purposes or, with specific permission, for retreat or other event purposes. The Property is not to be used for running a business or for other commercial purposes. Participant and their guests may not violate any laws or other governmental requirements, create excessive noise, odor, dust or other nuisances, or disturb any neighbors of the Property, and must abide by the KitFox Code of Conduct, as set forth in Section 2 of these Terms. Quiet hours at the Galisteo Basin Preserve are 10:00PM GMT until sunrise, and no amplified sound may take place after 10:00PM GMT. Failure to comply with the foregoing will result in a minimum $500 nuisance fee and may result in expulsion from the Property.
CODE OF CONDUCT: Participant and their guests are expected to conduct themselves in a way that is safe and respectable to one’s self and all others that may be on the premises. Failure to follow this Code of Conduct may limit the activities Participant is allowed to participate in or result in Participants removal from the premises. The safety and well-being of all guests is a primary concern and no action detrimental to the health and safety of anyone will be tolerated. Participant and their guests specifically agree to the following rules:
1. Participants, guests, and visitors must check-in upon arrival and check-out upon departure.
2. Parking is limited to one spot per lodging unit reservation.
3. Facilities are limited to registered guests only.
4. No smoking of any kind inside or nearby any tent; smoking is permitted in designated areas only. Smoking inside a tent will include a minimum cleaning charge of $250 per tent affected.
5. No sparks or fires of any size inside of or nearby any tent, including – but not limited to – candles, campfires, powered cooking implements, lighters, matches, incense, sparklers, smoke bombs, spark generating device, or sparks or flame of any kind.
6. Campfires are only permitted in designated fire pit area in contained fire pit exclusively maintained by KitFox staff.
7. No colored liquids of any kind inside of any tent or on soft furnishings; please enjoy in outdoor common zones.
8. Refrain from wearing dirty shoes inside of tent and instead leave shoes in the wooden tray provided.
9. Wear appropriate footwear and clothing for the activities.
10. Zip all tent flaps including doors and windows, both screen and canvas, completely when leaving your tent for any extended period.
11. Leave all provided items inside of tent upon departure.
12. Follow rules and regulations of conservation easement and responsible outdoorsman ethics consistent with the Galisteo Basin Preserve’s mission.
13. Quiet hours are 10PM to sunrise. Participants must be respectful of other guests and the surrounding neighbors.
14. No amplified music is permitted on Property without advance express consent in writing from KitFox. In special circumstances, amplified music may be permitted for special events but must be terminated no later than 10PM.
15. Maintain the Property in a neat, clean, and safe condition; removing any found objects from the site (including but not limited to plant life, stones, natural artifacts, and the like) is expressly prohibited.
16. Come prepared to glamp in the rain or shine; rain checks or weather-related refunds are not available.
17. Keep all personal property under observation at all times. If you believe you are the victim of a theft, immediately report it to management.
18. No controlled substances are permitted on the premises. Failure to comply with the foregoing will result in a minimum $500 nuisance fee and may result in expulsion from the Property.
19. Keep all pets on a leash or under control at all times and abide by the KitFox Pet Policy, as set forth in Section 3 of these Terms.
PET POLICY: Participant and all guests must abide by the following rules regarding pets:
1. All dog owners who bring dogs to the Property must have reserved the pet package in a pet-friendly unit.
2. Privilege: Bringing a dog to KitFox is a privilege. Failure to abide by policies may result in termination of the privilege. KitFox always has the right to determine whether to allow a particular dog on Property, and whether to end entirely the policy of allowing some dogs on Property.
3. Liability: Before bringing a dog to the Property, dog owners must accept full responsibility for personal injury and property damage caused by their dog; and carry insurance (such as homeowner’s or renters) that covers personal injury caused by their dog while in public spaces.
4. Events: Dogs are not permitted on Property when their presence might interfere with a KitFox or Third Party event. If a dog owner wishes to bring a dog to a KitFox or Third Party event, the dog owner must get advance permission from KitFox and the person(s) managing the Event, if a third party.
5. Health and Hygiene: Dogs must be clean and free of any communicable infections, parasites, etc. They must be current on all vaccinations called for by law (if applicable) and by best veterinary practices. Owners will not bring dogs when outside weather conditions might result in a need to bring a wet or dirty dog inside.
6. Overall Quantity: Three dogs maximum are allowed on Property at any given time.
7. Pet-Friendly Lodging Unit: One dog maximum is permitted in a single pet-friendly lodging unit at any given time.
8. Other Outdoor Areas: Dogs are allowed in these other outside areas only when their dog owners are present: walking paths, hiking paths, outdoor communal zones, and parking lot.
9. Other Policies: Dog owners should bring their dogs only when they are able to be responsible for them all day and night. When dogs are inside a lodging tent, they must be with, or in sight line, of their owner. When dogs are outside of a lodging tent, they must be kept on a leash and in the control of their owner at all times.
10. No Dogs: Dogs are forbidden to enter inside any tents, lodging or otherwise, with the exception of pre-determined, pre-reserved pet-friendly lodging units.
11. Housetrained: Dogs must be completely housetrained before coming to Property. Puppies under six months old are not allowed on Property.
12. Damage to Property Grounds: Owners are encouraged to walk dogs on designated walking paths and hiking trails so that Property grounds are not damaged. If a dog damages Property grounds in any way, the owner must fix the damage immediately to the extent possible, and bear the full cost of any required professional repair or replacement of the affected item.
13. Outside Clean-Up: When a dog soils anywhere, whether on walking paths, fields, arroyo, or otherwise, the owner must clean-up immediately. Dog waste disposal bags and dispenser is provided to owner as part of the pet package add-on.
14. Inside Damage: If a dog soils or urinates anywhere inside, the owner must clean up immediately, and bear the full cost of any required professional cleaning and replacement of the affected area or item. If a dog causes damage inside of any other kind, the owner must fix the damage immediately to the extent possible, and bear the full cost of any required professional repair or replacement of the affected area or item.
15. Inside Cleaning: Dog owners must maintain the food and water bowls inside their pet-friendly lodging unit at all times. Once dog has had the opportunity to eat their food at any given time, any food remaining in bowl should be transferred to and stored in airtight container as to not attract insects, rodents, or other animals into the lodging area.
16. Zero Tolerance: Dogs that behave aggressively to people or to other dogs are not allowed on Property. Aggressive behavior means biting, nipping, lunging, facing-off, chasing, and growling. If a dog engages in such behavior, the owner must remove the dog from Property immediately.
17. Two-Strike Policy: Dogs that engage in the following behavior get one written warning from KitFox, and are not allowed on Property after two instances of the same behavior: soiling/urinating indoors, causing damage inside, attending a KitFox or Third Party event without advance permission from KitFox and the person(s) managing the Event.
18. Three-Strike Policy: Dogs that engage in the following behavior get a first written warning from KitFox. A dog that engages in a second instance of the same behavior receives written “probation,” to be determined by KitFox. A dog is not allowed on Property after three instances of the same behavior, again a decision KitFox will document in writing: jumping up at people in a friendly nonaggressive manner, getting onto furniture, causing damage outside, barking aggressively or excessively, being left unattended by owner.
19. Dog Wellbeing: The health and wellbeing of Participant’s pet is solely the responsibility of Participant. The wild can be a harsh environment for pets, and KitFox assumes no liability for injury or death to Participant’s pet.
PAYMENT:
1. General Bookings: All payments are due in full at the time of booking, subject to Section 4(b). Participant assumes responsibility for all charges, including damages and taken items. Charges for room and tax collected at the time of booking a reservation. Any incidental charges, damages, or missing items will be charged to Participant at the time of checkout and/or upon tent and furnishing inspection.
2. Special Events: Participant agrees to pay KitFox all fees as described in a quote or agreement, in addition all other fees under these Terms. Payment shall be made to KitFox at the address specified in a quote or agreement, in accordance with the payment terms described. Payments shall be paid in U.S. Dollars. Any payment that is not made when the payment is due shall accrue a finance charge of 2% per month. All deposits are non-refundable and will be applied to the final balance of any final invoice.
3. All Bookings: Participant authorizes KitFox to immediately place a hold on the credit card provided. Participant further acknowledges that all guest and/or group related charges including damages and missing items will be charged to the credit card on file at the time of check-out/tent inspection or Event conclusion. Participant agrees to pay for this purchase in accordance with the issuing bank cardholder agreement.
ARRIVAL AND CHECK-OUT TIMES: Early arrivals and late checkouts can be very disruptive given the necessary cleaning and preparation for other guests. Accordingly, Participant will be responsible for paying any costs incurred for early arrivals or late departures without permission, which would include a minimum administrative charge of $250.
MAINTENANCE: Participant must maintain the Property in a neat, clean and safe condition. Participant will be responsible for any damage that Participant or their guests cause to the Property or its equipment or furnishings.
RENTAL RULES; ADDENDUMS: Participant agrees to follow and will cause their guests to follow KitFox’s Code of Conduct. Further, Participant agrees to comply with any special addendums or specific direction from KitFox for the use of the Property for events or retreats or other special uses. In the event of any inconsistency between these Terms and the terms in any addendum, the terms of the addendum shall control.
LIABILITY AND DAMAGE:
1. Participant must immediately notify KitFox of any injury that takes place at the Property or of any fire or other damage to the Property or its furnishings.
2. Participant agrees to indemnify and hold KitFox harmless from and against all liability, claims, damages and expenses (including attorneys’ fees) arising out of any injury (including death) or claim, lawsuit or damage to Property (including destruction) that results from the negligence, willful misconduct, or activities of Participant or their guests at the Property. Participant also agrees that KitFox will not be responsible for any accidents, injuries or illnesses that take place at the Property or for any theft or loss of Participant’s valuables or personal belongings. Except for claims directly caused by the gross negligence or intentional misconduct of KitFox, Participant releases KitFox from all liability, claims, damages and expenses arising out of the use of the Property. Any claims against KitFox under these Terms will be limited to and only enforceable against KitFox’s interest in the Property.
FACILITIES: The Property is designed to be an off-grid boutique nature lodge intended to accommodate up to 22 overnight guests in a unique high desert setting. The Property features private lodging tents and shared communal facilities. When the Property is utilized for Events (as defined below), special accommodations must be considered in order to facilitate the needs of larger groups and Event activities. Securing any additional facility needs for an Event or otherwise is the sole responsibility of Participant, and any additional facility needs must be coordinated and approved in writing in advance by KitFox. All facilities on the Property are provided on an as-is basis, and Participant must obtain prior written approval from KitFox to use tents, furnishings, facilities, or any amenity on the Property in a way that is inconsistent with its typical intended purpose or location. For example, the bar and glassware in the clubhouse is designed for coffee and tea service for use exclusively by KitFox staff and is not to be used for alcoholic bar service during an Event by Participant or their guests.
1. Power: The Property utilizes solar power for basic facility operations. However, the on-site power capabilities are minimal and Participants shall not rely on them for any Event production needs. The power needs of all activities, including Event activities, must be considered and coordinated in advance with KitFox. Use of a generator for an Event or otherwise must be pre-approved in writing by KitFox. There are no electrical outlets available for Participant, guests, or any vendor.
2. Water: All water utilized at the Property is delivered and stored in a water tank in order to service bathrooms, showers, and hand-washing for overnight lodging guests. KitFox also provides purified water to the Property, which is made available to overnight Participants via water dispensers in each lodging tent and in the clubhouse tent. For any Event that exceeds the maximum ordinary capacity of the Property, Participant will be responsible for providing drinking water for the Event guests. Vendors must be prepared with their own drinking water and any other water needs for their services, and Participant is responsible for notifying any vendor used for an Event of such requirements. KitFox will provide water as possible, however, the Property’s water supply may not accommodate the water requirements for an Event or a vendor. Any need for boiled water must be coordinated by Participant with vendors in advance of an Event.
3. Trash & Recycling: Participant and any vendors are responsible for returning the Property to the condition in which it was provided to them. All property belonging to Participant, guests, and any vendors must be removed by the end of the rental period. All property remaining on the Property after the conclusion of any Event will be removed by KitFox at Participant’s cost. The Property’s trash receptacle may be insufficient for Event use. The on-site dumpster will be available to vendors for Events to dispose of refuse resulting from Event operations. Participant is responsible for securing the dumpster lid to prevent attracting wildlife. If the dumpster is overloaded with trash and the lid cannot close, Participant will be responsible for a cleanup fee of a minimum of $250. The gate enclosing the dumpster must always remain closed when the dumpster is not in use. Recycling services are not available at the Property, however, KitFox strongly encourages Participants and vendors to collect and remove recyclables from the Property and recycle them off-site. Any special arrangements needed to remove trash or other property from the Property must be arranged with KitFox at least one (1) week prior to the Event. KitFox is not responsible for any property left behind by Participant or Participant’s guests or vendors.
  1. Floral, Favors, and Décor: It is critical that Participants maintain the ethics of the Galisteo Basin Preserve. Participant, guests, and vendors must minimize environmental impact and protect native plant life and thus are prohibited from bringing any non-native invasive plants and décor (such as pampas grass or other grasses which may contain non-native seeds). Single-use plastics are prohibited from the Property, including, but not limited to: LED light batons, plastic sunglasses, glow sticks, confetti of any kind, plastic water bottles, plastic cups. The following are also prohibited from the Property and the Galisteo Basin Preserve: rice, bird seed, flower petals, balloons, glitter, fog machines, pyrotechnics, candles, sparklers, blowing bubbles, and all items similar to the foregoing. All decorations, floral plans, signage, electrical configurations, or any other on-site installation must be pre-approved by KitFox in writing no later than thirty (30) days prior to any Event. KitFox reserves the right to reject any décor or floral element it deems inappropriate for the Property or the Galisteo Basin Preserve.
4. Bathrooms: The Property features a six (6) – stall bathroom tent, which includes two (2) waterless urinals, four (4) toilets, two (2) showers, and six (6) handwashing sinks. The bathroom facilities on the Property are intended to accommodate up to twenty-two (22) overnight guests, and for any Event exceeding twenty-two (22) guests, a self-contained bathroom trailer is required in order to avoid overloading the on-site facilities, and the Property bathroom facilities will be closed for the duration of the Event, but will re-open for overnight guests. Participant is responsible for coordinating the delivery of a bathroom trailer in these instances, and must obtain KitFox’s prior written approval before placing the bathroom trailer on the Property.
INTERNET, CELL SERVICE, AND WI-FI: Participant and their guests may not use the Property’s internet service to improperly share or copy music, videos or other copyrighted content. Participant shall be responsible for any improper use of the internet service by Participant or their guests. If KitFox’s internet service provider (ISP) reports that a copyright violation took place at the Property during Participant’s stay, then KitFox may charge Participant for all consequences associated with such misuse, which may include a minimum $100 administrative fee. Cell phone service is limited on the Property, but most service can generally be found by driving into the El Dorado area. KitFox has a Verizon Wi-Fi hotspot for internal use, which can be made available to Participant, guests, and vendors only in emergency situations. KitFox makes no guarantee that the Wi-Fi hotspot will be in good working order or available at any particular time.
PERMITS AND LICENSES: KitFox assumes no responsibility for any permits or licenses for the planned event, unless otherwise indicated in writing.
NOTICE OF FILMING AND PHOTOGRAPHY: When you enter Property, you enter an area where photography, audio, and video recording may occur. By entering the Property, you consent to photography, audio recording, video recording and its/their release, publication, exhibition, or reproduction to be used for news, web casts, promotional purposes, telecasts, advertising, inclusion on websites, social media, or any other purpose by KitFox and its affiliates and representatives. Images, photos and/or videos may be used to promote similar KitFox or Third Party events in the future, highlight the event and exhibit the capabilities of KitFox or Third Parties. You release KitFox, its officers and employees, and each and all persons involved from any liability connected with the taking, recording, digitizing, or publication and use of interviews, photographs, computer images, video and/or sound recordings.

By entering Property, you waive all rights you may have to any claims for payment or royalties in connection with any use, exhibition, streaming, web casting, televising, or other publication of these materials, regardless of the purpose or sponsoring of such use, exhibiting, broadcasting, web casting, or other publication irrespective of whether a fee for admission or sponsorship is charged. You also waive any right to inspect or approve any photo, video, or audio recording taken by KitFox or the person or entity designated to do so by KitFox.
EVENTS: Any parties, family gatherings, photography/videography shoots, or other special events (each an “Event”) must be approved in advance by KitFox. All such Events shall be subject to a special agreement governing such use. If Participant does not disclose the holding of an event in advance, KitFox may immediately cancel this Agreement and terminate Participant’s right to use the Property. KitFox requires Participant to provide Special Event Liability Insurance with a minimum of $1 million in coverage. Proof of Special Event Liability Insurance with KitFox LLC listed as an additional insured must be submitted no less than two weeks prior to any Event.
RIGHT OF ENTRY: In an emergency, or with reasonable advance notice, KitFox and their agents may enter the Property to repair, clean or inspect the Property, as they deem necessary.
VENDORS: Participant must provide a full list of vendors, including any catering company (if any) who will be on-site during any Event. The vendor list must be provided to KitFox no later than thirty (30) days prior to the Event date, and must include: vendor contact information, unloading and loading schedule, parking requirements, and an indication whether the vendor will be on the premises before, during, or after the Event. All loading activities must be concluded no later than one (1) hour before guests arrive for the Event in order to clear the parking lot for guests. All vendors must respect the wild and delicate nature of the Property, and must take all necessary measures to ensure all delivery of goods and services before, during, and after the Event do not negatively impact the Property. All installations must be pre-approved by KitFox management and no installation shall leave any lasting mark on the Property once removed. Motorized vehicles are limited to the parking lot and goods unloaded onto the Property must be manually transported from the parking area to an area pre-determined by KitFox to be suitable. All vendors are responsible for set up and break down, and must return their work area(s) to the state it was in prior to the vendor’s arrival on the Property. KitFox reserves the right to refuse entry or eject from the Property any vendor who does not comply with the terms and conditions contained herein.
1. Alcohol: KitFox does not sell nor does KitFox provide any alcoholic beverages to Participants or guests. For an Event in which Participant wishes to have alcohol served, Participant must work with a licensed third-party vendor who can provide bar service with New Mexico licensed servers. KitFox reserves the right to cut off the serving of alcohol at any Event at its sole discretion. KitFox also reserves the right to eject any Participant or guest who is acting in a disorderly manner, who is disrespectful, or who is threatening staff, guests, vendors, themselves, or the property. It is the sole responsibility of Participant to arrange for safe transportation of individuals who are requested to leave the Property. All Participants or guests who are not staying overnight in lodging accommodations shall depart the Property in a group shuttle as arranged by Participant in accordance with the Event schedule and these terms and conditions. In no event shall any Participant or guest drive themselves away from the Property after consuming any alcohol on the Property.
ACCESS AND PARKING: Motorized vehicles are not permitted outside of the parking lot area with the exception of motorized personal mobility vehicles for use on existing pathways for those with special needs. If Participant or an Event guest has special access needs, it is Participant’s responsibility to discuss such needs with KitFox prior to the Event in order to provide accommodations. Parking at the Property will be in accordance with this Section 16. All vehicles driving to and from the Property must adhere to posted speed limits and practice courteous driving habits, as KitFox shares the Property with wildlife, neighbors, other recreational preserve visitors, and conservationists. Anyone discovered driving recklessly will be ejected from the Property and from the preserve.
1. Overnight Guests: Parking is limited to one spot per lodging unit reservation, up to a maximum of eleven (11) total parking spots. Parking is prohibited outside of the one-spot-per-unit allotment for overnight guests. Any other vehicles parked outside of designated parking spots will be towed at the owner’s expense, or the owner will pay a $250 fine, whichever is greater. If Participant is hosting an Event and Participant and Participant’s guests are not staying overnight, the eleven (11) parking spots will be designated for vendors or guests with special needs who may need to park onsite.
2. Non-Overnight Guests: For all Events, Participant is responsible for obtaining shuttle service for any guests who are not staying overnight on the Property. All scheduling of services and all fees and costs associated with shuttling are the responsibility of Participant. Participant must ensure that any shuttle service uses the hammerhead turnaround on the Property and does not use the parking lot to pick up and drop off guests. The shuttle service may not drive on any other area of the Property, and Participant must direct any shuttle to park offsite during Event activities. Participant shall be liable for any damages caused by Participant’s shuttle services to the Property.
3. Late Arrivals for Events: In the event a guest arrives late for an Event, it is Participant’s responsibility to coordinate a shuttle or ride share service for the late guest. KitFox will not provide any parking for guests who arrive late who are unable to arrive with the scheduled shuttle.
4. Vendor Parking: Participant must facilitate off-site parking for vendors, if needed.
5. Overflow Parking: Any vehicle parked outside of the eleven (11) designated spots will be towed at the owner’s expense or fined $250, whichever cost is greater. If Participant gives KitFox at least thirty (30) days’ prior written notice, Participant may request trailhead parking access for vendor vehicles requiring parking. Subject to approval by third-party trailhead management. KitFox reserves the right to approve or deny this request. If approved by KitFox, Participant will be required to make a donation to the preserve proportional to the number of vehicles approved for overflow parking, and such amount will be determined by KitFox. If overflow parking is approved, Participant must designate a shuttle vehicle and driver to transport vendors from the trailhead to the Property.
DEPARTURE: At check-out, all garbage of Participant and their guests must be properly disposed of and all clothing, food, vehicles and other personal property of Participant and their guests must be removed from the Property. Participant will reimburse KitFox on demand for all expenses regarding any personal property of Participant or their guests remaining at the Property after check-out. If any personal property remaining at the Property is not claimed within 10 days after check-out, then KitFox may dispose of the personal property as KitFox deems fit.
DEFAULT: If Participant or their guests violate any of the requirements, prohibitions or restrictions of this Agreement or any attachments, or if Participant or their guests cause any material damage to the Property, or if KitFox in good faith believes that a violation has happened or that material damage to the Property is about to happen, then KitFox may terminate this Agreement and enter the Property, in which case, all amounts paid by Participant under this Agreement will be automatically forfeit and KitFox may pursue all rights and remedies available at law. Participant acknowledges that KitFox reserves the right to refuse service to Participant or their guests and to remove Participant from the Property for conduct KitFox deems inappropriate, unsafe, or a violation of these Terms.
CHANGES: Participant does not have a right to change its agreement to regarding the Property. Notwithstanding the forgoing, KitFox, in its discretion, may attempt to accommodate requests for additional services or goods. Any changes will be subject to additional costs and fees.
CANCELLATIONS:
1. General Bookings: If Participant cancels a reservation, payments are non-refundable and KitFox has no obligation to issue refunds. Any requests to modify or transfer booking shall be provided to KitFox within 72 hours advance notice; request will be considered when possible and KitFox has no obligation to accommodate bookings modification requests.
2. Special Events: If Participant cancels an Event, all payments made to KitFox are non-refundable and all outstanding payments will be due immediately. KitFox has no obligation to refund any funds to Participant if Participant cancels an Event.
SEVERE WEATHER: Participant is responsible for decisions made about the usability of the Property in severe weather. If severe weather delays check-in time, activities, or event setup/breakdown, KitFox will do its best to accommodate the necessary timeline, but will not be responsible for delays/cancellations. Participant will be responsible for any additional charges due to the weather. If an Event needs to be rescheduled or cancelled due to severe weather, Participant will be responsible for any rescheduling fees, and all cancellations are non-refundable.
CLOSURES: In the unlikely event that severe weather or other circumstances outside of KitFox’s control are a concern, KitFox reserves the right to close the facility. No refund will be given if KitFox deems opening the Property is unsafe to guests and employees. In most circumstances, alternative dates will be offered and Participant’s payment will be transferred to the new date.
FORCE MAJEURE: KitFox shall not be responsible, by way of liability, rent credit, or otherwise, for circumstances outside of their control, as well as, items such as loss of electrical service and proper functioning of one or more items of equipment, furnishings or amenities that do not have a material effect on the Property or use thereof. KitFox shall use good faith efforts to repair any such items within a reasonable time, but the failure to do so shall not result in liability or rent credit. To the extent that any breach, failure to perform, or delay to an event by KitFox is caused by (a) an act of God, accident, riot, war, terrorist act, epidemic, pandemic (including, but not limited to, COVID-19 and its related variants), quarantine, strike, lockout, insurrection, civil disorder, breakdown of communication facilities, breakdown of web host, breakdown of internet service provider, natural catastrophe, or the exercise of authority of any governmental agency, whether federal, state, municipal or any political subdivision of any of same, national strikes, fire, explosion, generalized lack of availability of raw materials or energy, or (b) any other event which is beyond the reasonable control of KitFox, then KitFox shall not be liable for any loss, cost or expense incurred by Participant or any liquidated damages resulting from such breach, failure to perform or delay in event of its obligations.
MISCELLANEOUS: All notices required or allowed for under this Agreement must be in writing and will be deemed given when personally delivered, sent by U.S. mail or sent by email to the address herein or any other address specified by the one to be notified. Participant agrees that they have not relied on any representations of KitFox, or anyone acting on KitFox’s behalf. Participant may not assign it agreement regarding the Property or sublet the Property without KitFox’s written permission. If any part of these Terms is invalid or unenforceable, then that part will be ineffective to the extent necessary for the rest of these Terms to be enforceable. KitFox reserves the right in its sole discretion to change these Terms, and your continued use of this website or entrance to Property after the posting of any notice of a change in the Terms and Conditions shall constitute your acceptance to be bound by any such changes. Since you are bound by any such revisions posted on this website at the time of any visit, you should therefore periodically visit this page to review the current Terms and Conditions to which you are bound. In the event these Terms are updated after Participant has accepted and agreed to them, KitFox will notify Participant of the update and advise Participant to visit this website to review the updated Terms.