Thank you for your interest in Mustang Monument (the “Resort”).
The following are the contract rates that we are offering for the 2016 season (June 1, 2016 – September 30, 2016):
1.a) Luxury Tipi:
Room and board included (room refers to a luxury tipi).
Room Rate to be sold at the Published Rate of $1,650.00/night – 2 person occupancy
Child Rate to be sold at the Published Rate of $600.00/night – 1 child to be accompanied by at least one adult (max occupancy 3)
1.b) Safari Cottage:
Room and board included (room refers to a safari cottage).
Room Rate to be sold at the Published Rate of $1,950.00/night – 2 person occupancy
Child Rate to be sold at the Published Rate of $600.00/night – 1 child to be accompanied by at least one adult (max occupancy 3)
These rates are subject to the addition of surcharges from time to time based on unanticipated or extraordinary circumstances for which surcharges are commonly imposed in comparable lodging facilities.
- Additional Costs:
Overnight Goshute Campout Excursion to be sold at $150 per person and need to have a minimum of 6 people to solidify experience. Maximum occupancy 26 people.
Massages and Facials (subject to availability). Prices start at $150. Inquire rates and availability from MM Representative. Must be reserved at time of booking.
The Published Rate is to be paid together with a room tax of 6.0%. Rates and government tax are subject to change without notice.
- Resort Amenities Program:
All rooms are subject to the prevailing Mustang Monument Amenities Program for which a mandatory resort fee is charged. The current resort fee is $25 per room, per day, plus taxes.
- Consumer Occupancy Rates
Rates may only be offered at our published rates; third party consumers should not be offered a room rate lower than our published rates. Above rates are for FIT bookings only. Group or incentive rates are available upon request.
- Child Supplement
There is a maximum occupancy of two adults per room. For an additional fee of $600.00/night (non-commissionable) one child within the age of four through twelve is permitted. All other children age thirteen or older must be accommodated in their own room. Notwithstanding the foregoing, at no time are children under the age of four permitted to stay at the Resort. Mustang Monument is an adult (age 16 and older) resort. Children are permitted only during the dates designated for Family Weeks. Reservations for children must be indicated as such at the time the booking is made. Please inquire before booking.
You will be paid a ten percent (10%) commission of the Published Rate, excluding tax. You shall be responsible for, and hold Mustang Monument harmless from claims or any commissions payable to travel agents with whom you work or with whom you are associated.
The Resort requires a 50% deposit of the total published rate (excluding taxes) at the time of booking. The balance of the reservation is due 60 days before your guests’ arrival.Credit card payment and direct payment at the Resort by guests are not permitted under this program.
Please send payment by credit card via our secure online booking system or via bank wire transfer to the following:
Name of Bank Account: Saving America’s Mustangs
Name of Bank: Wells Fargo Bank
Bank Address: San Francisco, CA
Account Address: 2683 Via De La Valle, G414, Del Mar, CA 92014
Account Number: 7065708633
Swift code: WFBIUS6S
ABA Routing Number: 121000248
When sending payment by wire transfer, please provide the following detail information: (a) name of guest, (b) date/s of guest’s stay, and (c) your name. All telegraphic transfers/bank drafts must be received by Mustang Monument within the payment terms noted above. An email confirming receipt will be issued by Mustang Monument.
- Cancellation Policy:
Cancellation prior to sixty days of reservation date is fully refundable less a ten percent processing fee. Payment is non-refundable for any cancellations within sixty days prior to your guest’ arrival.
- Resort Contact
Name: Reservations Manager, Madeleine Pickens
Tel: (888) 979-1422
Email: [email protected]
- Publicity Materials; Intellectual Property
You acknowledge that all present and future intellectual property associated with or related to the Resort or other activities of Mustang Monument or Saving America’s Mustangs, or its principals, including, without limitation, trademarks, trade names, artwork, pictures, photographs, copy and all other materials (hereinafter, “IP”) are the sole and exclusive property of Mustang Monument and Saving America’s Mustangs, respectively, and may not be used without the express written approval of Mustang Monument or Saving America’s Mustangs, as the case may be. Without limiting the foregoing, you are not permitted to register any domain name or trademark containing or comprising any of Mustang Monument’s or Saving America’s Mustangs’ proprietary trademarks, including “Mustang Monument” or “Saving America’s Mustangs.” You will be granted a license to use certain (but not all) of the IP on a non-exclusive, non-transferable basis solely for the purpose of promoting and marketing Mustang Monument, such license to be revocable at any time by Mustang Monument.
- Exclusion of Certain Warranties and Liabilities
YOU HAVE VISITED, INSPECTED AND ARE FAMILIAR WITH THE RESORT. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT OR THE ADDENDA HERETO, YOU AGREE THAT MUSTANG MONUMENT DOES NOT MAKE AND SPECIFICALLY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, TO THE EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND UNINTERRUPTED SERVICE. EXCEPT FOR THE INDEMNIFICATION OBLIGATIONS AND THE CONFIDENTIALITY OBLIGATIONS ESTABLISHED IN SCHEDULE A HERETO, IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, EVEN IF SUCH PARTY HAS KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
- Facsimile Signatures
The signature page of this Agreement may be signed by the parties and sent by electronic transmission (facsimile) and shall be acceptable to the Resort to hold the space; provided, however, that if the Resort does not receive the Agreement executed by you with the original signature without any further changes within seventy-two (72) hours of the date shown on the facsimile signature page, the Resort reserves the right not to release the space and otherwise to avoid any obligations under this Agreement.State Taxes & State Resort Fee
- State Taxes & State Resort Fee
Nevada has a State & Local Sales Tax of 8.265%
Nevada has a State Resort Fee of 13.38%
All information contained within this Agreement is private and confidential. As an acknowledgement of your acceptance, please return a signed copy with an initial on each page to fax number (858) 759-5995 or email to [email protected] When signed by representatives of both parties, this Agreement and Schedule A attached hereto constitute a binding agreement between you and the Resort. We look forward to welcoming your guests to Mustang Monument.
- Day Use Policy
Check-in time is at 4:00 pm. The standard checkout time is 10:00 am. Checkout after 11am is charged at 50% of the Published Rates. A full day room charge is applicable for check out after 2:00 pm. However, any request for late checkout either paid or on a complimentary basis is subject to availability and at the discretion of the Resort management.
Mustang Monument reserves the right to carry out such renovation(s) to and upgrading of program(s) of Mustang Monument as it deems fit. Mustang Monument at its absolute discretion shall make the decision to renovate/upgrade.
- Intellectual Property
Any materials or articles produced for or on your behalf pertaining to Mustang Monument are subject to removal upon reasonable request by Mustang Monument. Images and logos will be made accessible to you by Mustang Monument and an electronic file will be issued to you for access to the same. This electronic file and its contents may not be passed on to any third parties, except to your employees and sub-contractors on a need- to-know basis, upon your undertaking that these parties are bound by a non-disclosure agreement signed with you.
- Force Majeure
In the event that the performance of this Agreement is delayed by or prevented by any cause beyond Mustang Monument’s reasonable control, including, Acts of God, without limitations, any acts or orders of government authorities, fire or explosion, necessary and essential construction, arrest or seizure and legal process, or strike or other restraint of labor from whatever cause, Mustang Monument shall be discharged of its obligation to provide accommodation or other services.
Mustang Monument reserves the right to terminate its relationship with you pursuant to this Agreement at any time with or without cause. In the event of such a termination, all bookings that have been made will be honored and commissions paid. The terms of this Agreement will not extend beyond the period of time set forth in section 1 of this letter Agreement.
- Indemnification and Hold Harmless
You agree to defend, indemnify and hold harmless Mustang Monument from and against all claims, actions, causes of action or liabilities, including reasonable attorneys’ fees, arising out of or resulting from any act undertaken or committed by you in connection with this Agreement.
- Compliance With Applicable Laws; Fidelity Bond
You represent to the Resort that you are in compliance with all of your legal obligations with respect to any actions you have taken or shall take under this Agreement. Upon the Resort’s request, you shall provide a copy of a fidelity bond that is reasonably acceptable to the Resort.
- Confidential Information
Mustang Monument’s “Confidential Information” is defined as any written or oral information regarding rates, commissions, or prices. You shall hold Mustang Monument’s Confidential Information in confidence and shall not disclose such Confidential Information to third parties nor
use Mustang Monument’s Confidential Information for any purpose, other than as required to perform under this Agreement, without the prior written consent of Mustang Monument. You hereby agree that your failure to protect the Confidential Information as set forth in this Section 5 would cause Mustang Monument to suffer significant damages; therefore, you grant Mustang Monument extraordinary and injunctive relief to protect its Confidential Information.
The parties agree that any and all claims, controversies or disputes between the parties which arise out of or relate in any way to this Agreement or a breach hereof and which the parties are unable to resolve informally shall be submitted to binding arbitration in California, to be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association, or such other dispute resolution provider as otherwise agreed to by the parties. The parties expressly agree that this arbitration shall be final and binding on the parties and judgment may be entered upon the award and may be enforced by appropriate judicial action in any state or federal court having jurisdiction thereof. In this connection, the parties hereby submit themselves to the jurisdiction of the State of California located in San Diego County. The parties agree that the arbitrator shall adhere faithfully to the laws of the State of California and that the arbitrator shall award to the prevailing party in arbitration the reasonable attorney’s fees and costs expended in connection with any arbitration conducted under this provision.
You may not sell, assign, mortgage or otherwise transfer any of your rights or obligations under the Agreement without the written consent of the Resort, which consent shall be in the sole and absolute discretion of Mustang Monument.
- Successors and Assigns; No Third-Party Beneficiaries
This Agreement shall be binding upon and inure solely to the benefit of the parties hereto and their respective successors and permitted assigns, and nothing herein, whether express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, power, or remedy of any kind, nature, or description whatsoever under or by reason hereof; provided, however, that the terms and provisions hereof relating to indemnification under Schedule A of this Agreement shall inure accordingly.
- Changes; Notice
Any changes to these terms must be made in writing and signed by both parties to be effective. Any modifications, additions or corrective lining out made on this Agreement will not be binding unless such modifications have been signed or initialed by both parties.
- Binding Agreement
This Agreement, along with the attachments, if any, which are incorporated herein by reference, are all of the terms agreed to by the parties. Any changes to these terms must be made in writing and signed by both parties to be effective. All prior agreements, oral or written, are no longer effective once this Agreement is signed by the parties.
If any provision of the Agreement is unenforceable under applicable law, the remaining provisions shall continue in full force and effect.