These Policies, Terms & Conditions (“Terms and Conditions”), together with any related camping permit, permit application, and any waivers and releases for the use of Golf Carts (defined below), other equipment, activities, or pets (collectively, the “Agreement”), govern all aspects of reserving, amending, canceling, staying at, using, operating and participating in the accommodations, Add-on(s) (defined below), activities, events and services indicated in your reservation or actually used in relation to your accommodation permit(s), Add-on(s), and ticket(s), effective as of the date set forth above, and supersede all prior versions of the Terms and Conditions as of that date. These Terms and Conditions and the Agreement of which they are a part constitute a binding legal agreement between you, the holder of the reservation and/or permit(s), on behalf of yourself and each of your spouse, children, guests, invitees, all other persons in your party, and each of your and their respective invitees, guests, guardians, personal representatives, executors, heirs, successors and permitted assigns, as applicable (individually and collectively, “you,” “your” and/or “yourself” and/or “Guest”) and Yosemite Pines RV Park, LLC, also known as Yosemite Pines RV Park & Family Lodging, and our successors and assigns (collectively, “Park,” “we,” “us” and/or “our”).
In consideration of reserving the accommodations, Add-on(s) and ticket(s) indicated in your reservation and/or permit, and your visiting, staying at and using the real and personal property, facilities and amenities owned by the Park and located at 20450 Old Highway 120, Groveland, CA 95321 (“Premises”), and consuming, participating in or accepting the events or services provided to you, you agree on behalf of yourself and each of your Guests as follows:
1. Compliance with Rules and Regulations. You shall and shall cause all of your Guests to abide by these Terms and Conditions and the Agreement of which they are a part and all rules, regulations, policies, terms and conditions of the Park, including, without limitation, those published at https://yosemitepinesrv.com/guidelines-refund-policy/, posted at the Premises, or otherwise communicated in any manner by Park personnel (collectively, “Park Rules”). Children under 14 must be accompanied and supervised by a parent or other responsible adult at all times while on the Premises, including all common areas and amenities. Failure to adhere to any Park Rules may result in your and your Guests’ ejection from the Park without a refund.

2. Cancelation Policy; Refunds. You must be at least 21 years old to reserve any of our accommodations, Add-ons, events, tickets or services, and your making of the reservation for the same constitutes your representation and warranty to us that you are at least 21 years of age. You explicitly understand and agree that we DO NOT give credit or refunds due to the discomforts of nature, such as excessive heat or cold, rain, hail, snow, ice, drought, other inclement weather, natural disasters, animals, reptiles, insects, rodents or sound. Our refund policy varies depending on the type of accommodation or Add-on and the timing of the cancellation notice in relation to the reservation date as follows:

(a) Cabins/Yurts/Trailers/Glamping of 7 or Less People. If a reservation for a cabin, glamping, yurt, or trailer (each, a “Cabin”) that accommodates 7 or less people is canceled more than 3 weeks prior to the arrival date we issue a full refund of the reservation payment less a $25 transaction fee per Cabin; or Camp Credit (defined below) in the full amount can be elected. For a cancellation of a reservation more than 2 weeks but less than 3 weeks prior to the arrival date we issue Camp Credit for 50% of the reservation payment and the balance is forfeited to us. For a reservation canceled less than two weeks prior to the arrival date the full amount of the reservation payment is forfeited to us.

(b) Cabins of 8 or More People (Luxury Cabins). If a reservation for a Cabin that accommodates 8 or more people is canceled more than 5 weeks prior to the arrival date we issue a full refund of the reservation payment less a $50 transaction fee per Cabin; or Camp Credit in the full amount can be elected. For a cancellation of a reservation more than 4 weeks but less than 5 weeks prior to the arrival date we issue Camp Credit for 50% of the reservation payment and the balance is forfeited to us. For a reservation canceled less than 4 weeks prior to the arrival date the full amount of the reservation payment is forfeited to us.

(c) Campsites. If a reservation for a campsite is canceled more than 2 weeks prior to the arrival date we issue a full refund of the reservation payment less a $25 transaction fee per campsite; or Camp Credit in the full amount can be elected. For a cancellation of a reservation more than 1 week but less than 2 weeks prior to the arrival date we issue Camp Credit for 50% of the reservation payment and the balance is forfeited to us. For a reservation canceled less than one week prior to the arrival date the full amount of the reservation payment is forfeited to us.

“Camp Credit” means a financial credit to your account with us that may be redeemed only against the future cost of Cabin rental(s), campsites rental(s), Add-on(s), or point of sale transactions, each made and used only at this specific Park within 1 year of the date the credit is issued. Camp Credits not used within 1 year of the date the credit is issued are forfeited to us.

For reservations paid with a credit card, refunds will be credited only to the credit card on file with respect to the reservation.

Notwithstanding the forgoing, we may terminate a reservation with notice to you at any time for any reason or no reason in our sole discretion.

3. Personal Responsibility for Your and Your Guests’ Actions. As participants in a recreational activity, you accept responsibility for you and each of your Guests acting within the limits of your and their respective abilities and heeding all warnings regarding participation in the activity. You agree to, and will cause each of your Guests to, (a) maintain control of yourself and themselves, respectively, (b) maintain control of any vehicles, Golf Cart, or other equipment operated on the Premises, (c) refrain from acting in any manner that may cause or contribute to an injury to yourself, your Guests, or to others, and (d) acknowledge and agree that camping, especially tent camping, is an inherently risky activity. You and your guests and invitees are exposed to all the elements of nature including weather related events such as storms, insects, and trees, including branches that may fall. Although the Park makes every attempt to mitigate risk of damage or injury, the Park cannot control the weather and You may be subject to personal injury, damage to your personal property, and even death. You acknowledge and agree that it is solely your responsibility to monitor the weather for yourself, your guests and your invitees, and determine if and when it is necessary to take shelter or leave the area in the event of a weather-related event.

4. Waiver and Release. You, on behalf of yourself and each of your Guests, HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE the Park and the Park’s affiliates, owners, members, managers, officers, employees, contractors, agents and representatives (collectively, “Park Management”), from and for any and all claims, damages, liabilities, injuries, demands, or causes of action, both present and future, whether known or unknown, anticipated or unanticipated, foreseeable or unforeseeable, to you or your Guests, and also for any loss, cost, liability or damage on account of injury to your or their person, or any third party, including death, or loss or damage to your, their or any third party’s property, relating to or arising out of, incident to, or related to the use, occupancy and operation of (a) the Premises or its trees, vegetation, landscaping, creek beds, cliffs, drop-offs, holes, caves, caverns, mountains, valleys, hills or other topography and other natural or man-made features, (b) the Park’s buildings, facilities, improvements, amenities, bathrooms, showers, septic or waste water treatment system(s), wash areas, golf carts, swimming pool(s), aquatic facilities, playground equipment, stairs, decks, grills, firepits, sidewalks, roads, curbs, parking areas, gates, grates, Golf Cart, and all other equipment and improvements, (c) any and all activities and events at the Premises, whether or not Park sponsored, including, without limitation, Parking (defined below) and all actions and omissions of other Park guests and Park Management, (d) any dangers and hazards associated with acts of nature such as changing weather conditions, high winds, tornados, thunder and lightning, hail, flooding, temperature fluctuations, falling trees or tree limbs, ice, or encounters with insects, reptiles or animals, including but not limited to cats, xdogs, horses, snakes, bears, (e) any dangers and hazards associated with construction, repairs or work taking place at the Premises, including holes, trenches, equipment, tools, exposed work (including electrical or plumbing fixtures), debris and trash, (f) Force Majeure Event(s) (defined below), and (g) anything introduced to the Premises by you, your Guests, other guests, or third parties, including pets, vehicle(s), equipment, athletic equipment (including bats, racquets, golf clubs and other types of clubs, field hockey sticks, lacrosse sticks and other types of sticks, all types of balls, frisbees, darts, tight ropes and other ropes and the like), hammocks, furniture, games and activities (individually and collectively, “Assumed Risks”), and whether arising from any act or omission, whether negligent or otherwise, of you, your Guests, your pet, Park Management, and/or any other guest, third party or their pet. You acknowledge that your agreement to these Terms and Conditions and the above release is entirely voluntary and intended to be binding on you, each of your Guests, and each of your and their respective personal representatives, executors, legal representatives, heirs and assigns.

5. Indemnity. You, on behalf of yourself and each of your Guests, HEREBY AGREE TO INDEMNIFY, SAVE AND HOLD HARMLESS the Park and Park Management, and each of them, from any loss, liability, damage or cost (including attorneys’ fees) they may incur due to injury, death, damage or loss of property relating to the Assumed Risks or the use, occupancy and operation of the Premises, any Golf Cart, or any other equipment by you and each of your Guests or due to any incidents that may occur during your or their presence at the Park. You understand and agree that although Park Management makes reasonable efforts to provide a secure environment, the safety and security of you, your belongings, and your Guests and their belongings is your sole responsibility.

6. Parking. As a courtesy, our employees, if so requested, may assist with directing you to your designated Cabin or campsite. Regardless of the involvement of our employees, it is your sole responsibility to (a) ensure safe driving to and from the Cabin or campsite, (b) ensure safe parking at the Cabin or on the campsite, (c) confirm that the campsite will accommodate your specific trailer/RV, and (d) not hit any branches, bollards, trees, improvements, other persons or their property, etc. when traveling to or from or positioning your RV at the Cabin or on the campsite (collectively, “Parking”). Parking is specifically included among the Assumed Risks and indemnity obligations described in Sections 4 (Waiver and Release) and 5 (Indemnity) above.

7. Our Right to Refuse Service. The Premises are privately owned and PARK MANAGEMENT RESERVES THE RIGHT TO REFUSE SERVICE to anyone for any reason except for those prohibited by law. You and your Guests are allowed on the Premises only pursuant to the rights granted in your permit, which may be revoked by the Park at any time, and you do not have any rights as a tenant. Park Management reserves the right to require any person or party it deems necessary to leave the Premises based on violations of Park Rules or behavior Park Management believes is unlawful or deems dangerous, threatening, offensive, harassing, inappropriate, disturbing, disruptive or inconsiderate to others. Harassment or mistreatment of our staff or other Park guests, including but not limited to racist comments or hate speech, will not be tolerated under any circumstances. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS NOTICE AND AGREE TO IT AS WELL AS TO ALL OTHER PARK RULES AND REGULATIONS. In addition, you understand and agree that you are responsible for your actions and the actions of all of your Guests, including any invitees that visit the Park during your stay. I acknowledge and agree that neither me nor my guests or invitees is a registered sex offender in any state or jurisdiction. I understand and agree that Management or its employees may conduct a search of my name through the National Sex Offender Registry and if Management in its sole discretion determines that me or my guest or invitee is in fact a registered sex offender, my reservation will be canceled without refund.

8. Photographic Release. On behalf of yourself and each of your Guests, you consent and authorize us to photograph, video tape or otherwise record you and your Guests and you grant us and our affiliated entities and promotional partners the right to to use the photographs and/or motion pictures and video taken, including your and your Guests’ names, likenesses and voice, as well as any testimonial statements made by you or your Guests, and all other aspects of your and their personality, and any reproduction of them in any form, for the purpose of publicizing, promoting, and advertising the Park and the Park’s attractions in any media now known or later developed, in perpetuity and throughout the world, for any purpose, without compensation. The activities described in this Section are explicitly included in the Assumed Risks under Section 4 (Waiver and Release) of these Terms and Conditions and covered by your indemnity obligations under Section 5 (Indemnity) of these Terms and Conditions.

9. Our Right to Charge Your Credit or Debit Card. You are and remain personally liable to pay the total amount of your reservation and Add-on(s) charges prior to your scheduled check-in date, or at such earlier date communicated to you, and all other amounts owed under these Terms and Conditions or the Agreement of which they are a part. If you fail to pay the total due, you agree that the Park may charge any remaining balance (including any damage or indemnity charges or other amounts owed under these Terms and Conditions or the Agreement of which they are a part) to any credit or debit card on file with your reservation. Any amounts remaining due after 30 days will be subject to the maximum late charge permitted under the law of the state in which the Park is located (“State”).

10. Motorcycles / Mopeds/ Electric Scooters or Bikes. Motorcycles and mopeds may be driven from your Cabin or campsite to the road on which our main entrance is located only by licensed drivers and only on Park roads in compliance with all Rules (including, without limitation, speed limits, traffic signs and traffic laws), and no minibikes, motorbikes, or motor scooters are allowed on the Premises. Electric scooters or electric bikes are only allowed as Other Power Driven Mobility Devices (“OPDMD”) for persons with disabilities with pre-authorization from Park Management.

11. No Assignment. You shall not assign the permit granted to you by your reservation, sublicense any portion of the Premises, or assign or sublicense your right to use any Add-on, each in whole or in part, or share or rent out your accommodations on the Premises or Add-ons through services such as AirBnB, VRBO, etc. Any violation of this provision will result in the immediate termination of your reservation and the ejection of you, your Guests and any unpermitted assigns from the Premises immediately and without refund. We may also pursue any other loss, cost, liability or damage we incur from a violation of this provision against you under Section 5 (Indemnity) of these Terms and Conditions, as well as any other legal or equitable remedy available to us.

12. Additional Terms for Cabins.

a. Cleaning. At your departure, the Cabin must be left in a reasonably clean condition (broom swept), garbage must be removed from the cabin and disposed of in the dumpster, all kitchens and kitchenettes are to be left clean, all dishes are to be washed and put away, and the microwave, refrigerator, stove and countertops are to be wiped clean. If these tasks have not been satisfactorily performed, we may charge your credit card or debit card with a $75.00 cleaning fee. If you leave the Cabin in an unreasonably filthy condition, permit a pet to occupy a Cabin not designated as pet-friendly, or smoke in a Cabin, we may charge your credit card or debit card on file with us for the cost to professionally clean the Cabin ($250 minimum charge).

b. Damage. All damage to the Cabin, whether caused by you, your Guests or pets, must be disclosed to the Park registration office immediately, and in any event, no later than at checkout. All damage occurring to the Cabin during your stay will be charged to your credit card on file with us after a thorough inspection has been made by Park Management. Damages for which you will be responsible include, but are not limited to: lost key(s); broken/lost TV/DVD/AC remote controls; broken items; broken windows; discharged fire extinguishers (if not used for a fire); damaged, dented, bent, or scratched appliances, furniture, cabinetry, pots, pans or dishes; ripped, torn, burns, or other markings or stains on carpet, rugs, drapes, towels, walls, blankets, linens, bedding, mattresses or covers; marks or holes in walls, any damage to the outside of the unit, including decking, stairs, roofing, utility hookups, grills and firepits, if any; and any damage to the Premises, including to landscaping and any and all other equipment or improvements. Damages for which you are responsible include all costs of repair and replacement, including materials, labor, taxes and other applicable charges.

c. Long Term Stays (30+ Days). On a recurring basis, Park Management shall be permitted to conduct inspections of the Cabin for routine maintenance, cleanliness and appropriate use with at least 48 hours’ notice, or immediately and without notice in the event of an emergency, a real or suspected safety threat to any Park personnel or guest, or any actual or suspected unlawful activity.

13. Additional Terms for Pool Use.

a. NEVER SWIM ALONE. A minimum of two adults, 18 years of age or older, must be present whenever the swimming or activity pool facilities are used by you or your Guests.

b. You and your Guests may not swim or use the activity pool facilities while under the influence of alcohol or any controlled substance.

c. You and your Guests may only use the swimming pool and activity pool facilities during posted hours of operation.

d. IN AN EMERGENCY, YOU AND/OR YOUR GUESTS MUST NOTIFY THE FACILITY OPERATOR AND CONTACT HELP AS SOON AS POSSIBLE.

e. THERE IS NO SUBSTITUTE FOR ADEQUATE SUPERVISION. Swimming and the presence at and use of the waterpark facilities are explicitly included in the activities for which you take personal responsibility under Section 3 (Personal Responsibility for Your and Your Guests’ Actions) of these Terms and Conditions, and they are also included in the Assumed Risks under Section 4 (Waiver and Release) of these Terms and Conditions, and included in the indemnity obligations under Section 5 (Indemnity) of these Terms and Conditions.

14. Animal Agreement and Waiver. If you or any of your Guests bring a dog or other permitted pet to the Premises, you agree:

a. Excluded Areas. To keep the pet out of excluded areas, including, but not limited to, food and beverage areas, the pool and pool deck, the general store, playgrounds and pavilions.

b. Excluded Pets. Park Management has the sole discretion to exclude any pet. The basis for exclusion may include, but is not limited to the following: breed-specific exclusions; due to their young age are exempted from state or local law vaccination requirements; are sick; are in heat; are aggressive, vicious, dangerous or potentially dangerous; require muzzling; bark or make other noises excessively or during quiet hours; or are easily frightened or sensitive, resulting in disruptive behavior (such as fighting or biting) in response to a stimulus.

c. Supervision. To prevent noise or any other disturbance by the pet in the interest of other guests at the Park; to keep the pet on a leash or in a carrier while in all public areas of the Premises, and to have the pet with you or an appropriately aged Guest at all times; and to not leave the pet unattended in a Cabin or at a campsite. The Park does not allow pens or portable fences.

d. Vaccinations. You represent and warrant that the pet is up to date on all vaccinations (including rabies and distemper) and flea treatments.

e. Disturbances. That should the pet create any disturbance that causes a complaint to be made to Park Management by other guests or employees of the Park, at the request of a Park employee, you will immediately make arrangements to house the pet elsewhere outside the Premises. If you do not promptly find alternative housing for the pet after being asked to do so, you will leave the Premises and will not be issued a refund.

f. Revocable Privilege. You understand that our permission to allow your or your Guest’s pet at the Park is a revocable privilege and not a contractual right. Our permission is expressly conditioned upon your and their adherence to these Terms and Conditions, the Park Rules, any other rules in effect at any given time, and such other requirements as our Park Management may impose from time to time. We may revoke this permission at any time for any reason.

g. Assumption of Risk, Release and Indemnity. To assume all responsibility of risks, injury, death, damage, and other harm that may occur while the pet is at the Park or caused by the pet consistent with Section 3 (Personal Responsibility for Your and Your Guests’ Actions) of these Terms and Conditions, release and waive all claims related to your pet, acknowledging that the pet’s presence is one of your Assumed Risks in Section 4 (Waiver and Release) of these Terms and Conditions, and agree to indemnify us for any claim, damage or liability associated with the pet under Section 5 (Indemnity) of these Terms and Conditions.

h. Acknowledgment. You acknowledge that you have read and fully understand the forgoing provisions and their implications, that it is you responsibility to abide by them and to cause your Guests to abide by them, regardless of who owns the pet, and that failure to adhere to them may result in your and your Guests removal from the Park without a refund.

15. Golf Cart Terms.

a. Personal golf carts shall be permitted on the Premises on a limited basis and only if they meet one of the following conditions: the cart is classified as an approved OPDMD pursuant to applicable laws or it is owned by a transient guest who has fully executed a golf cart registration agreement, paid the required registration fee, and provided valid proof of insurance. All documentation must be current and in full compliance with the terms and conditions established by Park Management. Park Management reserves the right to amend these terms at any time to ensure the safety of all guests.

b. Golf Carts must be operated properly. The speed limit for Golf Carts throughout the entire Premises is 5 mph. Horseplay, racing, or other misuse of a Golf Cart will not be tolerated. Golf Carts are to be operated on campground roadways only. No driving through campsites or other restricted areas. Golf Carts are NOT allowed on any pedal track.

c. Golf Carts must remain on the Premises at all times.

d. Except for emergencies, Golf Carts are not to be operated during quiet hours (11 pm - 8 am).

16. Firearms and Weapons Policy. You will and will cause each of your Guests to obey all federal, state, and local laws regarding the ownership and possession of firearms and other weapons. Firearms and other weapons are not permitted in any Park buildings or common areas. The only exception is that you or your Guests may have a firearm or other weapon in a locked, private vehicle in parking areas if permitted by law. The discharge of firearms, BB guns, air guns/rifles, crossbows, bows and arrows, slingshots or similar devices is strictly prohibited.

17. Electric Vehicle Charging. Charging electric vehicles (EVs) on the Premises is STRICTLY PROHIBITED as our circuitry is not rated nor intended to withstand the constant electrical draw that occurs with such use. Doing so has the potential to damage our electrical infrastructure, your vehicle, or both. Violators will be directed to immediately unplug their vehicle, shall indemnify us for any damages consistent with Section 5 (Indemnity) of these Terms and Conditions, and may be asked to leave the Premises immediately without refund.

18. Marketing Opt In: By agreeing to these Terms and Conditions, you consent to receive marketing communications from us and our affiliates, including but not limited to emails, newsletters, and promotional offers.

19. Limitation of Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OR THE AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID OR PAYABLE TO US PURSUANT TO THE APPLICABLE RESERVATION GIVING RISE TO THE CLAIM

20. Waiver. No waiver by us, Park Management of any of the provisions of these Terms and Conditions is effective unless explicitly set forth in writing and signed by the Park’s Regional Operations Manager or by our Chief Operating Officer. No failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from these Terms and Conditions or the Agreement operates or may be construed as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege under these Terms and Conditions or the Agreement precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

21. Force Majeure. We shall not be liable or responsible to you or your Guests, or be deemed to have defaulted under or breached these Terms and Conditions or the Agreement, for any failure or delay in fulfilling or performing any term of these Terms and Conditions or the Agreement when and to the extent such failure or delay is caused by or results from acts beyond our control, including, without limitation, the following force majeure events ("Force Majeure Event(s)"): (a) acts of God; (b) flood, fire, earthquake, tornado, rain storm, snow storm, hurricane, pandemic, any other natural disaster, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or action; (e) national or regional emergency; (f) strikes, labor stoppages, or slowdowns or other industrial disturbances; (g) telecommunication breakdowns, power outages or shortages, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable goods or supplies; and (i) other similar events beyond our control.

22. Assignment. You shall not assign any of your rights or delegate any of your obligations under these Terms and Conditions or the Agreement, including, without limitation, the right to use any Golf Cart. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms and Conditions or the Agreement.

23. No Third-Party Beneficiaries. These Terms and Conditions and the Agreement are for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing in these Terms and Conditions or the Agreement, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever.

24. Arbitration. Any dispute, controversy or claim that you bring arising out of, relating to or in connection with these Terms and Conditions or the Agreement of which they are a part, including the breach, termination, or validity thereof, and any Assumed Risk, shall be resolved by final and binding arbitration. The arbitral tribunal shall have the sole power to rule on any challenge to its own jurisdiction without any need to refer such matters first to a court. The terms of the arbitration shall be as follows:

a. The place of arbitration shall be located in Grand Rapids, Michigan.

b. You shall commence the arbitration by delivering a notice of arbitration to us setting out the nature of the claim(s) and the relief requested. Within 60 days of the receipt of the notice of arbitration, we will deliver our answer and any counterclaim(s), setting out the nature of such counterclaims(s) and the relief requested. The tribunal shall consist of three (3) arbitrators, appointed as follows:

You must appoint an arbitrator in the request for arbitration and we will appoint an arbitrator in our answer. The two arbitrators so appointed shall, within 30 days of delivery of the answer, appoint a third arbitrator who shall act as the chair of the tribunal.
If any arbitrators are not selected within this time period, such arbitrator shall be appointed at the request of any party by the American Arbitration Association (“AAA”).
Any challenge of an arbitrator for lack of impartiality or other ground shall be decided by AAA.
If a vacancy of an arbitrator arises, the vacancy shall be filled by the same procedure set forth above, provided, however, that if a vacancy arises during or after the hearing on the merits, the remaining two arbitrators may proceed with the arbitration and render an award.

c. You agree to keep confidential the existence of the arbitration, the arbitral proceedings, the submissions made by you and us and the decisions made by the arbitral tribunal, including its awards to the extent not already in the public domain, except in judicial proceedings related to the award or where required by applicable law.

d. The tribunal shall decide the procedures to be followed in the arbitration after consultation with the parties. The tribunal may make its decisions by a majority or by the chair if no majority is possible.

e. You expressly waive and forego any right to punitive, exemplary, or similar damages. Judgment may be entered upon the award by any court having jurisdiction.

25. Governing Law. All matters arising out of or relating to these Terms and Conditions or the Agreement are governed by and construed in accordance with the internal laws of the State without giving effect to any choice or conflict of law provision or rule (whether of the State or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State.

26. Submission to Jurisdiction. Any legal suit, action, or proceeding arising out of or relating to these Terms and Conditions or the Agreement shall be instituted in the federal courts of the United States of America or the courts of the State, in each case located in the City of Groveland and County of Tuolumne, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.

27. Entire Agreement. These Terms and Conditions, together with the Agreement of which they are a part, constitute the entire agreement between you and us, and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral. No term may be waived or modified except in a writing signed by all of these parties. WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, EXCEPT AS EXPLICITLY CONTAINED IN THESE TERMS AND CONDITIONS.

28. Severability. If any term or provision of these Terms and Conditions are invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.

29. Amendment and Modification. These Terms and Conditions may only be amended or modified in a writing which specifically states that it amends these Terms and Conditions and is signed by our Regional Operations Manager or Chief Operating Officer.

By accepting the reservation, you represent and warrant to us that you have read these Terms and Conditions, including the waiver of liability, assumption of risk and indemnity portions (Sections 3 (Personal Responsibility for Your and Your Guests’ Actions), 4 (Waiver and Release) and 5 (Indemnity)), fully understand their terms, and understand that you are giving up substantial rights, including the right to sue us and Park Management. You also understand that, in addition to binding yourself, these Terms and Conditions bind each of your Guests and your and their heirs, executors, personal representatives, attorneys-of-law, attorneys-in-fact, administrators, and permitted assigns. You acknowledge that you are agreeing to be bound by these Terms and Conditions freely and voluntarily, and by that action intend for these Terms and Conditions to be a complete and unconditional release of all liability of the Park and Park Management to the greatest extent allowed by law.

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