As a condition for access to the Hotel Crash Pad (hereafter the “Pad” or “pad” or “crash pad”) offered by The Hotel Crew Pad Network, LLC, DBA “The Hotel Crash Pad Network” (hereafter “HCPN”), the undersigned (hereafter “Member” or “member”) acknowledges and agrees to abide by all the following provisions, as well as any and all other requirements outlined in the HCPN Client Guide and any and all other policies that may from time to time be communicated by HCPN via any means of communication:
1) The member agrees to sign his/her name, the current date, and his/her assigned room number and key number on his/her personal registration log sheet (or other registration log sheet 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 he/she checks into the pad.
2) Member 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; Member acknowledges that this requirement applies whether or not Member 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.
3) Member acknowledges that failure to return the assigned key to the correct key pouch in the correct binder at the front desk as outlined in Provision #2 above may result in re-keying fees being charged by the hotel, and that those fees will be passed along to Member, and 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 for access to the pad, 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) Member 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) The member acknowledges that HCPN is not liable for any alterations, curtailments, failures, or unavailability of hotel or crash 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 non-performance or unavailability of facilities, services, amenities or provisions promised, suggested or advertised in any communications or materials provided to Member or used in the marketing of the pad.
6) Member 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.
7) Member 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 Member’s airline and/or days and nights required for performance of Reserve duty periods for Member’s airline), and that the Pad is never to be used for personal or other non-duty lodging purposes, and that this restriction applies to every crash pad in the entirety of HCPN’s nationwide network of Hotel Crash Pads.
8) Member agrees that he or she will not enter or occupy the Pad if he or 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 illness, even if the member attributes any such signs or symptoms to noninfectious causes such as allergies or allergic reactions.
9) Member acknowledges that by accessing the Pad 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 premises if such illness, injury or death results from contracting COVID-19 or any other infectious disease. Member acknowledges that he/she accepts and assumes said risk by choosing to enter the Pad premises, and agrees to hold HCPN and all HCPN-associated individuals and entities harmless and free of liability in the event Member contracts any such infectious disease as a direct or indirect result of access to the Pad.
10) Member agrees never to exceed the monthly stay limit associated with the Access Tier (“Lineholder”, “Reserve”, “Part-Time” or “Drop-In”, as defined in the Client Guide) for which Member pays each month.
11) Member acknowledges that monthly Access Fee payments for access to the Pad in the month ahead will be automatically withdrawn on the 27th day of the current month via charge to the card on file in Member’s online account, and that payments 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 Member’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.
12) Member 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 through Member’s supervisory establishment and/ or applicable legal authorities, including but not limited to the Federal Aviation Administration (FAA) and Transportation Security Administration (TSA).
13) Member acknowledges that any Deposit taken by HCPN is only refundable if Member provides notice of intent to vacate his or her use of the pad to HCPN 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 Member is shown to have violated any of the pad rules, policies or guidelines communicated in the applicable Client Guide, this Access Agreement, or any other communications from HCPN. Member further acknowledges that there is no guarantee of any other 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.
14) Member acknowledges that any failure to fulfill Member’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
15) Member 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. By signing below, Member 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.