CAUTION: THIS IS A LEGALLY BINDING DOCUMENT FORFEITING RIGHTS YOU WOULD OTHERWISE HAVE.
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ACKNOWLEDGEMENT OF HOUSE RULES
Street parking is not allowed.
Phones and camera use are not allowed.
Smoking is only allowed in designated areas. (Vaping is permitted everywhere.)
Xcalacoco is for men only. Prominent display of female anatomy is not permitted for those who identify as men.
The use of illegal drugs is prohibited.
Observe the neighborhood noise ordinance beginning at 10 PM.
No refunds will be given at any time.
Only guests who purchased a bedroom may stay overnight at Xcalacoco (inside their bedroom). Any guest found sleeping in the common areas or dressing stalls, bathroom, or anywhere else on the property will be asked to leave.
Obey all instructions by Clayton or his representatives.
I consent for my person and belongings to be screened or inspected at any time by staff to ensure compliance with the rules.
I, {firstName} {lastName} , agree, understand, and acknowledge receipt of the rules, and If I fail to obey the rules, I understand my authorization to enter and/or remain on the premises will be denied and/or revoked, and I may face legal prosecution and trespassing charges including the lee county sheriffs office initiating a trespass order to leave the private property pursuant to s. 810.09(2)(b), F.S.
WAIVER AND RELEASE OF LIABILITY
This Waiver and release is executed this day, by the signed below, in the county of LEE, in the state of Florida, referred to as Releasor, in favor of Clayton Varner (Xcalacoco)
In consideration of being permitted entry, access, and participation in the events at Xcalacoco, Releasor for himself and his personal representatives, heirs, spouses, and next of kin, releases, waivers, discharges, and covenants not to sue Xcalacoco, its owners, managers, employees, agents, and assigns all referred to as Releasees, from all liability to the Releasor, his personal representative, assigns, heirs, spouse and next of kin for all loss or damage, and any claim or damage therefore, on account of personal injury to the Releasor, damage to the Releasors' property, or death of the Releasor, whether caused by the negligence of the Releases' or otherwise with the Releasor is in, on or around the Xcalacoco property or participating in any of its activities organized outside of the property.
Releasor assumes full responsibility for and risk of bodily injury, death, or property damage due to the negligence of the Releasees or otherwise while in, on, or around the Xcalacoco property or participating in any of its activities organized outside of the property. The releasor is entering into this Waiver and Reelase with the full understanding, knowledge, and consent that:
No street parking is allowed.
Xcalacoco property has limited or incomplete physical improvements.
The Paths, driveways, and walkways are uneven, unpaved, incomplete, and contain holes or debris.
The swimming pool and hot tub are unattended by a lifeguard.
There are no security personnel on the Xcalacoco property.
Security cameras are present and in use.
Many of the on-site activities involve strenuous physical activity and exercise.
Alcoholic beverages may be consumed by myself or others.
Xcalacoco does not have an Automated External Defibrillator on-premises.
Xcalacoco is a diverse wooded habitat consisting of snakes, spiders, and other animals, including panthers, that may cause risk or harm if accidentally disturbed.
Releasor consents to screening or inspection of the releasor's person and belongings. Failure to consent or submit to screening or inspection will result in denial or revocation of the authorization to enter, with no refunds issued.
Moreover, the Releasor and their heirs, administrators, personal representatives or assigns specifically release and forever discharge Releasees from any liability for libel, slander, loss, damage, breach of contract, negligence, infringement or other tort harm, damage to property, injury or death suffered by Releasor which may occur during or as a result the presence of the Releasor in, on or around the Xcalacoco property, or his participation in an activity on property or outside of the property including the use of Releasor’s likeness and image, whether caused by the negligence of the releasees or otherwise.
Furthermore, Releasor does herby further covenant and agree to indemnify, defend and hold Releasees, harmless of and from any and all claims, demands, losses, expenses, attorneys fees, cause of action, judgments, lawsuits, proceedings, damages, and liability which are brought or claimed by anyone and which relate in any way to, or arise in any way from, the presence of Releasor in, on or around the xcalacoco property, or his/her participation in activities on the property or outside the property whether caused by the negligence of the releases or otherwise.
Releasor further releases Clayton Varner, Xcalacoco, owners, managers, employees, agents, and assigns from any claim whatsoever on account of first aid, treatment or service rendered him/her while on Xcalacoco property or engaged in an activity outside the property.
This waiver and release contain the entire agreement between the parties to this agreement, and the terms of this release are contractual and not a mere recital. Releasor agrees that this release, waiver, and indemnity is intended to be as broad and inclusive as permitted by the State of Florida and that if any portion of the agreement is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
Parking is at your own risk. Clayton Varner, Xcalacoco will not be responsible for any damages even if caused by Clayton Varner, Xcalacoco, its owners, managers, employees, agents, and assigns. No surveillance images will be retrieved without a fee agreed to in this agreement.
I , {firstName} {lastName} , HAVE READ THIS GENERAL RELEASE AGREEMENT, FULLY UNDERSTANDING ITS TERMS, AND UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME AND INTED MY SIGNATURE TO BE COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT OF THE LAW.
CONFIDENTIALITY AND NONDISCLOSURE AGREEMENT
This Confidentiality Agreement (The “AGREEMENT”) is entered into this day and effective between Clayton Varner, Xcalacoco, its owners, managers, employees, agents, and assigns whose principal place of operation is 24231 Melaine Lane, Bonita Springs, Florida, 34135 (hereafter “XCALACOCO”) , and {firstName} {lastName} , (hereafter “GUEST”) and parties jointly present at events (hereafter “OTHERS”).
In consideration of being permitted entry, access, and participation in the events at XCALACOCO the parties agree as follows:
1. SUBJECT MATTER. The parties understand that the experience and information obtained thru the use of the GUEST’s eyes, ears, nose, mouth or touch while at XCALACOCO’s place of operation or engaged in an activity outside the place of operation are confidential and the GUEST may obtain “INFORMATION” that can be used for libel, slander, loss, damage, breach of contract, negligence, infringement, blackmail or other tort harm, damage, and/or result in significant financial expenditures to XCALACOCO and/or OTHERS present at the place of operation or events held outside the place of operation by XCALACOCO.
2. CONFIDENTIALITY. The GUEST agrees that he/she has not done, and will not do at any time in the future, even after the termination of any relationship between all parties involved, without the written consent of XCALACOCO any of the following:
a. He/She has not disclosed and will not disclose any information regarding the information directly or indirectly to any third party;
b. He/She has not copied, digested, summarized or used and will not copy, digest, summarize, or use the INFORMATION in whole or part, or any knowledge learned from the INFORMATION, for any purposes except for the purpose contemplated by this AGREEMENT which purpose is to offer a judgment-free recreational facility to the GUEST and OTHERS at the above-mentioned place of operation and or activities outside the place of operation.
3. BREACH. GUEST acknowledges that a breach by him/her of the provisions of this AGREEMENT will cause Xcalacoco irreparable damage for which Xcalacoco can not reasonably or adequately be compensated in damages. Xcalacoco shall therefore be entitled, in addition to all other remedies available to it including, but not limited to attorneys’ fees and costs, to injunctive and/or other equitable relief to prevent a breach of this AGREEMENT, or any part of it, and to secure it’s enforcement. Further XCALACOCO shall be entitled to Twenty-Five Thousand dollars ($25,000.00) as liquidated damages, and not as penalty, for the breach of this AGREEMENT. Furthermore, GUEST acknowledges OTHERS shall be entitled, in addition to all other remedies available to them including but not limited to attorneys’ fees and costs, to injunctive and/or other equitable relief to prevent a breach of this AGREEMENT, or any part of it, and to secure its enforcement OTHERS shall be entitled to damages as determined by the court by GUEST.
4. INITIATION OF LAWSUIT. Should GUEST file in court for damages by OTHERS occurred at XCALACOCO's place of operation or activities outside the place of operation GUEST is required to add XCALACOCO as plaintiff paying in advance all legal costs of XCALACOCO including, but not limited to attorneys’ fees and costs.
5. RELEASE OF LIABILITY. A separate agreement exists between GUEST and XCALACOCO and shall remain in full effect, specifically releasing and forever discharging XCALACOCO from any liability for libel, slander, loss, damage, breach of contract, negligence, infringement or other tort harm, damage to property, injury or death suffered by GUEST which may occur during or as a result the presence of the GUEST or OTHERS.
6. GENERAL. MISCELLANEOUS. LAW / VENUE. Unless prohibited by State statute or U.S. Federal Law, any legal action may only be brought in Lee County, Florida or the United States District Court, Florida; and this AGREEMENT is to be interpreted and enforced according to Florida law except where U.S. Federal Law applies. NOTICES. All notices required under this AGREEMENT must be in writing. Notice will be deemed given when delivered personally or five (5) days after having been sent by first class mail, or when sent by email upon receipt when receipt is confirmed by separate email. Rights Reserved. All rights not expressly granted are reserved. Binding Effect.
This AGREEMENT shall be binding upon and inure to the benefit of subsidiaries, affiliates, successors and assigns of the parties. NO modification or Assignment. No Modifications to this AGREEMENT shall be valid unless made in writing and executed by both parties. This Agreement is not assignable by the Guest. Severability. If provisions of this Agreement shall be deemed severable, and the invalidity, illegality, or unenforceability of any provision of this agreement shallot affect the validity or enforceability of any other provisions. In the event that any provision of this agreement is found to be invalid, illegal, or unenforceable, the parties shall endeavor to modify that clause in a manner that gives effect to the intent of the parties entering into the agreement. This agreement is not to be construed against the drafter. Disclaimer/Limitation on Liability. Xcalacoco disclaims any and all liability for claims, actions, demands or litigation, including, but not limited to special or consequential damages, and attorney’s fees and costs, concerning the completeness or accuracy of the INFORMATION. In the event, this disclaimer is deemed invalid. Xcalacoco’s maximum liability to the GUEST OR OTHERS or any other third party beneficiary to this agreement for any and all claims relating to the information or this agreement shall be $100, U.S., inclusive of all possible money judgments including, without limitation, Attorneys’ fees costs, and or damages, whether direct, indirect or punitive.
I, {firstName} {lastName} , HAVE READ THIS CONFIDENTIALITY AGREEMENT, FULLY UNDERSTANDING ITS TERMS, AND UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME AND INTED MY SIGNATURE TO BE COMPLETE.
FEE AGREEMENT
I agree to pay the following fees as a result of my actions:
$50 per EACH lost key.
$400 per EACH surveillance recording request made as part of an official investigation by authorities for which I am the subject.
$150 per EACH chargeback from financial institutions. This fee is per transaction regardless of the amount.
I, {firstName} {lastName} , authorize Clayton Varner, Xcalacoco to add charge these fees to any credit card I have provided. Furthermore, I understand that Clayton Varner, Xcalacoco may report such debts to a credit reporting agency and/or sell my debt to a debt collector.
ASSIGNMENT OF COPYRIGHT AGREEMENT
I. The Parties. This Copyright Assignment Agreement by and between: Assignor: {firstName} {lastName} , herby referred to as "Assignor," and Assignee: Clayton Varner, Xcalacoco herby referred to as "Assinee."
The Assignor and the Assignee are each referred to herein as "Party" and collectively as the "Parties."
II. ASSIGNMENT OF AUTHORED WORKS. The Assignor, thru this Agreement, assigns to the Assignee of all the Assignor's interest in:
A. Any photography or video taken, past, present or in the future, by the Assignor using any device, including their own photography and video devices, on the property described as Xcalacoco 24231 Melaine Ln, Bonita Springs, Florida, 34135, herein referred to as "Work(s) each with an Effective date of each work's creation time or from today's date if the work was created in the past.
B. All the usual rights granted to the owner of a copyright under federal law, including but not limited to the right to reproduce, publish, adapt, modify, distribute, create, derivative works on, display, publicize, and transmit each Work;
C. The registrations as well as applications for registrations of each Work, including any and all renewals and extensions should they exist.
D. The income, royalties, and damages due to the Assignor in regards to each Work, including damages for past or future infringements and misappropriation for each Work;
E. The right to sue for past, present and future infringements and misappropriation for each work.
III. ASSIGNMENT PURCHASE. The Assignor is donating said works and the Assignee will not be required to pay for the above-granted rights.
IV. RECORDATION. The sole responsibility for filing this assignment with the Untied States Copyright Office within a reasonable time period after signing, as well as for paying any and all associated fees for said filing, is left to the Assignor.
V. FURTHER USE OF WORK. The nature of this Agreement and Assignment is Exclusive. Once the effective date as passed. The assignor may not make any further use of the Work(s) or derivatives therof without written, authorized consent from the Assignee and further may not challenge the Assignee's use or ownership of the Work(s) or the validity of the Work(s).
Furthermore, should Assignor continue to transmit Work(s) after the Effective date Assignor agrees to pay Assignee the amount of $10,000 (Ten Thousand Dollars) per each transmission of Work(s).
VI. AUTHORSHIP. In relation to authorship rights, following the effective date of this Agreement, the Assignor: Will NOT Retain Authorship Rights. The Assignor relinquishes all future claims to authorship.
VII. DOCUMENTATION. The assignor will provide all documentation relating to the Work(s) for the Assignee's record-keeping needs, assertion fo rights, or for any other use. They will likewise sign any additional agreements or complete any other lawful action reasonably necessary for the successful filing of the assignment with the United States government.
VIII. LIABILITY. Assignor remains liable regarding the subject matter of all Works and will pay all legal fees, including judgments. The Assignor's Liability in regard to the legality of the content being photographed does not transfer to the Assignee.
IV. GOVERNING LAW. This agreement shall be construed and governed in accordance with the laws located in the State of Florida.
X. SEVERABILITY. If any portion of this Agreement shall be held invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable but that by limiting such provision, it would become valid and enforceable, then such provision shall be deemed to be written and construed and enforced as so limited.
XI. ENTIRE AGREEMENT. This Agreement constitutes the entire Agreement between parties. No modification or amendment of this Agreement shall be effective unless in writing and signed by both Parties.
XII. EXECUTION. The Assignor represents and warrants to the Assignee that they are authorized to execute and deliver this Agreement.
I, {firstName} {lastName} , agree to the Acknowledgment of Rules, Waiver and Release of Liability, Confidentiality and Nondisclosure, Fee and, Assignment of Copyright agreements. I am consenting to the use of my electronic signature in lieu of an original signature on paper. Furthermore, my signature below is true and complete. You have the right to request that you sign a paper copy instead. By agreeing, you are waiving that right. After consent, you may obtain a paper copy of an electronic record upon written request. No fee will be charged for such copy, and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any document will continue until you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. These documents are effective immediately and do not expire.
Furthermore, I, {firstName} {lastName} , agree to permit additional information be provided, such as my facial photo, government identification photo, government identification barcode data, 2-factor authentication of my phone number, video surveillance, and credit card terminal transactions as proof I am completing this legal agreement. Failure to provide such information or correct documentation shall not render this agreement void if a majority of the information is used to verify my identity is correct.
This agreement is in force forever unless canceled in writing by both parties.