Application and Access Agreement
As a condition for access to the Hotel Crash Pad (hereafter the “Pad” or “pad”) offered by The Hotel Crew Pad Network, LLC, DBA “The Hotel Crash Pad Network” (hereafter “HCPN”), the undersigned (hereafter “Applicant” or “Member” or “he/she”) acknowledges and agrees to abide by all the Terms & Conditions of this Application and Access Agreement (hereafter “Agreement”), as well as any and all other Terms & Conditions, policies, provisions, rules and/or requirements outlined in the applicable HCPN Client Guide and any and all other requirements that may from time to time be communicated by HCPN via any means of communication:
1) Applicant agrees to sign his/her name, the current date and time, and his/her assigned key number on his/her personal registration log sheet (or other written record as may from time to time be required by HCPN), located in the crash pad binder at the hotel’s front desk, each and every time Applicant checks into the pad.
2) Applicant agrees to return his/her assigned key or key card or key fob to the correct key pouch in the correct binder at the front desk and to write his/her departure date and time and the returned key number on the applicable registration log sheet (or other written record as may from time to time be required by HCPN) and to remove any and all personal belongings and items from the room each and every time he/she departs to fly a trip of any length, to work Airport Reserve, or to commute home or otherwise depart the local area for any other reason; Applicant acknowledges that this requirement applies whether or not Applicant anticipates returning to the pad on the same or next day, and that the only exceptions to this requirement are as explicitly specified in the applicable Client Guide or other specific communications from HCPN.
3) Applicant acknowledges that failure to return the assigned key exactly as outlined in this Agreement may result in re-keying fees being charged by the hotel, and that those fees will be passed along to the Applicant; Applicant further acknowledges that failure to return the assigned key as required by this agreement and the Client Guide is also grounds for immediate termination of access to the Pad and loss of all funds rendered to HCPN, as well as liability for reimbursement to HCPN for any and all overflow room costs incurred by HCPN as a result of the key not being returned as required.
4) Applicant acknowledges that HCPN is not responsible for any instances of photographic or video images being taken, made or recorded by another crash pad client or anyone else within the Pad, even if such images are subsequently shared on social media sites or in other public fora, and agrees to indemnify and hold harmless HCPN and its members, officers, staff, employees, contractors and affiliates for any damages, real or assumed, arising from any such occurrence.
5) Applicant acknowledges that HCPN is not liable for any alterations, curtailments, failures, or unavailability of hotel or Pad services or amenities, and agrees to indemnify and hold harmless HCPN and its members, officers, staff, employees, contractors and affiliates for any damage, loss, injury or inconvenience arising from use of the Pad, and to release HCPN and its members, officers, staff, employees, contractors and affiliates from any and all liability, and to refrain from any public disparagement, defamation, criticism, or denunciation of HCPN or its members, officers, staff, employees, contractors or affiliates for any nonperformance or unavailability of facilities, services, amenities or provisions promised, suggested or advertised in any communications or materials provided to Applicant or used in the marketing of the pad.
6) Applicant acknowledges that all HCPN accommodations are provided as is and as advertised, and that no refunds will be provided in the event Applicant elects not to occupy, or is unable to occupy, the Pad for any period of time due to personal preferences or decisions; alterations of employment status; changes in schedule; FMLA, OJI or other absences; emergencies; missed connections, re-routes or failed/interrupted commutes; company staffing reductions; “change of heart”; force majeure events; or any other issue, either exigent or anticipated, and that no current-month payments will be applied by HCPN to any future month of usage in the event Applicant fails to use the Pad during the current month, either entirely or partially, for any reason. Applicant acknowledges that in securing a spot in the Pad, Applicant is being given access to the Pad in favor of other prospective applicants who would have paid for full month’s access to the Pad had the Applicant not done so, and that by the time the Applicant might request a refund or credit for monies paid, other prospective applicants have already secured alternative accommodations and HCPN is therefore unable to recover the lost prospective revenue from those other applicants, in addition to the fact that other interested applicants have been denied access to the Pad due to the Applicant having claimed a spot under a promise to pay for it. Applicant acknowledges that he/she is securing the right to access the Pad by virtue of Applicant’s monthly payment under the Terms & Conditions expressed herein and stated in the applicable Client Guide, with the understanding and acknowledgement that in doing so the Applicant might not actually use the Pad as anticipated, or at all; Applicant stipulates to this being a normal facet of employment in the airline industry with respect to crash pad operation and usage in general.
7) Applicant acknowledges that except as expressly set forth in this Agreement or the applicable Client Guide, HCPN makes no representation or warranty of any kind, express or implied, at law or in equity, with respect to the physical condition of the Pad or the associated premises, or any other matter relating to the Pad or the associated premises, and, in particular, HCPN makes no express or implied warranty of merchantability or fitness of the Pad or the associated premises for a particular purpose.
8) This Agreement does not create a Landlord-Tenant relationship between Applicant and HCPN or any other affiliated parties, but instead grants to the Applicant permission to use the Pad for temporary/intermittent, work-related lodging purposes according to the terms of this Agreement and those of the applicable Client Guide and any other directives or instructions issued by HCPN. Accordingly, Applicant acknowledges that neither this Agreement nor any other written or verbal agreement with HCPN or its members, officers, staff, employees, representatives, contractors or affiliates grants the Applicant any rights of a Tenant under applicable law.
9) Applicant acknowledges that he/she is never allowed to bring guests of any kind into the Pad, nor to allow anyone else to access the Pad with his/her key or credentials, under penalty of law, and that access to the Pad is strictly limited only to properly registered and paid clients of HCPN.
10) Applicant acknowledges that use of the Pad is restricted solely to airline duty-related purposes (to wit, accommodation on the nights before and after working trips for Applicant’s airline and/or days and nights required for performance of Reserve duty periods for Applicant’s airline), and that the Pad is never to be used for personal or other non-duty or “day-off” lodging purposes, and that this restriction applies to every crash pad in the entirety of HCPN’s nationwide network of Hotel Crash Pads.
11) Applicant agrees that he/she will neither enter nor occupy the Pad if he/she has been diagnosed with any type of illness, or has been advised to quarantine or isolate as a result of diagnosis or symptoms of any form of illness, or is experiencing or exhibiting any signs or symptoms of illness of any kind, including but not limited to sneezing, coughing, wheezing, sore throat, fever, gastrointestinal symptoms, rashes, or any other signs suggestive of communicable or other illness, even if the member attributes any such signs or symptoms to non-infectious causes such as allergies or allergic reactions.
12) Applicant acknowledges that by accessing the Pad and the general hotel premises there is the inherent risk of contact with and infection by any number of potentially infectious diseases, including but not limited to COVID-19, and that under various state laws, neither HCPN nor any HCPN-associated individual or entity may be held liable for illness, injury or death of an individual entering the Pad or hotel premises if such illness, injury or death results from contracting COVID-19 or any other infectious disease. Applicant acknowledges that he/she accepts and assumes said risk by choosing to enter the Pad and hotel premises, and agrees to hold HCPN and all HCPN-associated individuals and entities harmless and free of liability in the event Applicant contracts any such infectious disease as a direct or indirect result of access to the Pad or hotel premises.
13) Applicant acknowledges that access to the Pad is restricted to defined usage limitations, both monthly aggregate and consecutive-day/night cumulative, and agrees to comply with those limitations as stipulated in the applicable Client Guide.
14) Applicant agrees that monthly Access Fee payments for access to the Pad in the month ahead will be automatically withdrawn on the 27th day of each month via auto-draft charge to the card on file in Applicant’s online account, and that payments for access to the Pad may only be made by way of this auto-draft function, and that failure to pay on time will result in the assessment of Late Fees as outlined in the Client Guide as well as placement of Applicant’s name on the NO ACCESS list at the hotel and loss of access to the Pad until all Access Fees and Late Fees, as prescribed in the applicable Client Guide, are paid in full.
15) Applicant acknowledges that any default, financial or otherwise, or any other failure to comply with the rules and regulations of the Pad, or any violations of law or of any federal, state, or local regulation, may be reported to Applicant’s employer and/or applicable legal authorities, including but not limited to the Federal Aviation Administration (FAA) and Transportation Security Administration (TSA).
16) Applicant acknowledges that any Deposit taken by HCPN is only refundable if Applicant provides notice of intent to vacate his or her use of the pad in writing via email to email address Management@HotelCrashPads.com no later than 11:59 p.m. Eastern Time (U.S.) on the 15th day of the final month of access to the pad, and that said Deposit will be forfeited if such notice is not provided or if Applicant fails to comply with the Deposit refund procedures stipulated in the applicable Client Guide, or if Applicant is shown to have violated any of the pad rules, policies or guidelines communicated in the applicable Client Guide, this Agreement, or any other communications from HCPN. Applicant further acknowledges that there is no guarantee of any refund or proration of any other fees paid, irrespective of the circumstances related to the request for refund, and acknowledges that failure to notify HCPN as instructed herein of intent to temporarily withdraw from use of the pad in a particular month will also result in loss of Deposit.
17) Applicant acknowledges that any failure to fulfill Applicant’s financial responsibilities in exchange for fair use of the Pad granted by HCPN under the guidelines herein and in the applicable Client Guide is grounds for HCPN to pursue any and all legal remedies prescribed under state-by-state statutes addressing the offense of Defrauding an Inn-Keeper.
18) Applicant acknowledges that access to the pad is granted at the sole discretion and authority of HCPN and that any such access may be revoked or denied by HCPN or its representatives at any time. Applicant acknowledges that he/she understands and agrees to abide by all the requirements of this Agreement and any other directions issued from time to time by HCPN via email or other modes of communication.
19) Applicant agrees to release and hold harmless HCPN and any and all members, officers, staff, employees, representatives, contractors and affiliates of HCPN from any and all liability relating to injury, damage or loss that may occur related to Applicant’s access to and/ or use of the Pad. Applicant agrees to entirely release HCPN, as well as any members, officers, staff, employees, representatives, contractors and affiliates of HCPN, from any and all liability, including financial responsibility, for injuries, damages or loss incurred, regardless of whether said injuries, damage or loss occur due to negligence. Applicant acknowledges that he/she forfeits all right to bring any lawsuit against HCPN and/or any members, officers, staff, employees, representatives, contractors or affiliates of HCPN, for any reason. Applicant agrees to obey all safety precautions and other instructions provided in writing or verbally by HCPN or any members, officers, staff, employees, representatives, contractors or affiliates of HCPN or the staff or other employees of the hotel. Applicant agrees to defend, indemnify and hold harmless HCPN, as well as any subsidiaries, affiliates, successors or assigns and the respective directors, officers, shareholders or employees thereof (collectively, "Indemnitees"), against any and all loss, injury, death, damage, liability, claim, deficiency, action, judgment, interest, award, penalty, fine, cost, or expense, including reasonable attorney and professional fees and costs, and the cost of enforcing any right to indemnification hereunder and the cost of pursuing any insurance providers (collectively, "Losses") arising out of or occurring in connection with Applicant’s use of the Pad. Applicant acknowledges that HCPN is not liable for any alterations, curtailments, failures, or unavailability of hotel or Pad services or amenities, and agrees to indemnify and hold harmless HCPN and its members, officers, staff, employees, representatives, contractors and affiliates for any damage, loss, injury or inconvenience arising from use of the Pad, and to release HCPN and its members, officers, staff, employees, representatives, contractors and affiliates from any and all liability and to refrain from any public disparagement, defamation, criticism, or denunciation of HCPN or its members, officers, staff, employees, representatives, contractors and affiliates for any non-performance or unavailability of facilities, services, amenities or provisions promised, suggested or advertised in any communications or materials provided to the member or used in the marketing of the pad. Applicant agrees to ask for clarification or additional information as needed.