Terms and Conditions
WaterWalk (the “Company”, “we” or “us”) is committed to being a great neighbor in our communities. That is why all WaterWalk guests (the “Guest” or “you”) must agree to abide by these Terms and Conditions (“Terms”) in consideration for your accommodation in a unit/suite located at a WaterWalk property (the “Property”).
Capitalized terms used but not otherwise defined herein shall have the meanings provided to such terms in the Terms agreed to by the Guest in consideration for their accommodation in a WaterWalk.
The registered Guest must be 21 years of age or older, unless otherwise permitted by the booking channel through which the reservation is made or through exception made with WaterWalk staff. Proof of identity and age is required for check-in.
ABSOLUTELY NO SMOKING
We prohibit smoking of any kind. This includes but is not limited to tobacco, marijuana, e-cigarettes, vape pens, and hookahs. This applies to any part of the Property (including hallways, lounges, rooftops, fitness centers, and all amenity areas), any part of your reserved WaterWalk (including the balcony or patio), and within twenty-five feet of any public entrance. The Company may operate marijuana and tobacco sensors to help enforce this rule. WaterWalk is a non-smoking facility. Any guest smoking in an apartment will be charged a $250.00 USD fee per occurrence. WaterWalk reserves the right to have you removed from the property if smoking rules are not followed.
To protect against identity theft and fraud, and for the safety of other Guests and neighbors in the community, we ask that the Guest completing the WaterWalk reservation provide a government-issued photo ID (passport or state driver’s license), with the Guest’s face, address, date of birth and photo visible. The reservation billing information must match the information on the government-issued ID of the Guest making the reservation. We reserve the right to refuse service to individuals who do not furnish this information. If a Guest refuses to provide their valid, government-issued ID after making a reservation, the Guest’s reservation will be canceled in accordance with the section titled “Cancellation” below.
We expect that you, the Guest identified above, will stay at the WaterWalk during the entire reservation. Anyone else who stays at or visits the WaterWalk during your reservation shall be deemed a “Visitor” hereunder.
RIGHT TO REFUSE SERVICE
The Company may refuse service to, or remove from a WaterWalk, any individual for any reason(s) that does not violate federal or state laws. Reasons for refusing service to, or removing, a Guest or any other individual include, but are not limited to: refusal or failure to pay for accommodations; being under the
influence of alcohol, drugs, or any other intoxicating substance such that the individual is disturbing the peace; seeking to use the WaterWalk for an unlawful purpose; seeking to bring into the WaterWalk an unlawfully-possessed firearm or any item, including an explosive or hazardous or toxic substance, that is unlawful to possess and that may be dangerous to other persons; destroying, damaging, or defacing the Property or threatening harm to the Property, other guests, or residents of the Property; causing or permitting persons to exceed the maximum allowable occupancy of the WaterWalk; or refusing to abide by the reasonable standards or policies established by the Company, including, without limitation, the WaterWalk Stay Rules and any published rules and regulations imposed by the community.
The Guest may not disturb the quiet enjoyment of any other Guest of the Company, or surrounding neighbors. At all times, the Guest shall refrain from making loud noises and excessive television and/or radio volume that may disturb others. The Guest shall observe quiet hours from 10:00 p.m. to 7:00 a.m. Parties and large gatherings are prohibited.
WaterWalk is proactively monitored for compliance with this noise policy. If the Company receives a noise complaint from another Guest or neighbor, the Company will contact the Guest and issue a first warning to reduce the noise level. If, after the first warning, Company subsequently receives an additional noise complaint WaterWalk reserves the right to remove the Guest from the Property without a refund.
The Guest must always accompany visitors. The Guest must obtain the Company’s express permission for Visitor use of Property amenities (including the pool, gym, and business center). The Guest is responsible and liable for the actions of all Visitors.
CANCELLATION AND REFUND POLICY
If you reserve a unit with WaterWalk through the Company website, you must pay the required nightly fee(s), and taxes (the “Reservation Fees”) at the time of booking. If you reserve the WaterWalk through a third party (each, a “Booking Channel”), we will charge your card in accordance with the terms and conditions of the Booking Channel used to make the reservation.
If you reserve the WaterWalk through a Booking Channel, the Company strictly adheres to the cancellation policy posted on the Booking Channel used to make the reservation. No exceptions to the posted cancellation policy will be made for unforeseen circumstances, including but not limited to weather, personal emergencies, or schedule changes.
Check-out time is 12 noon on the day of departure. Please notify WaterWalk a minimum of 24 hours in advance of any changes. Failure to provide notice may result in payment of an additional night’s room and tax charges. WaterWalk rates are based on the length of consecutive nights stayed. Changes to the length of stay may result in changes to your nightly rate, and/or taxes and fees.
Our customizable Apartment-style hotel suites have a minimum reservation of 90 nights. Upon arrival, you will be required to pay for your 1 month’s rate plus any pro-rated fees. Payments will be required on
the first of each month thereafter. If payment is not made at check-in keys and unit access will not be provided. If your reservation is canceled before its end date you will be required to provide a 60-day paid cancellation notice or pay through the end of your stay.
NO SHOW CHARGES
Your reserved WaterWalk unit/suite will be held for you until 4:00 pm the day following the Arrival Date. If you do not check in by that time and have not otherwise notified the Company that your arrival will be delayed, your reservation will be considered a “No Show” and will be canceled. You will forfeit all payments made to the Company related to the reservation and will not be entitled to a refund.
If you are aware that your arrival will be delayed past 4:00 pm the day following the Arrival Date, please contact us as soon as possible to avoid your reservation being deemed a No Show.
Access to WaterWalk Units/suites
You acknowledge that your reservation of the WaterWalk unit does not confer exclusive possession or exclusive access to WaterWalk. We retain the right to access and enter the WaterWalk unit at any time as needed, however, we will attempt to notify you before entering the unit as a courtesy to you except in the event of an emergency. If called upon, law enforcement will be granted immediate access.
LOST & FOUND POLICY
The Company assumes no liability for lost, misplaced, stolen, or damaged belongings, including any belongings which are left in the WaterWalk after your departure time has passed. If you discover that you have left something, please contact our team immediately and we will do our best to retrieve it for you. However, you will be responsible for any shipping and personal charges associated with the return of your belongings.
The following policy does not apply to service animals. Please see the “Service Animal Policy” section of the Terms for the Company’s policies on service animals. The Company happily welcomes pets. You will be required to provide proof of vaccination records. Pets over 75 lbs. are not permitted. You can have up to two pets in your unit. Fees are listed at booking. You are responsible for your pet’s actions at all times. (Only cats or dogs permitted – no other pets allowed on site at any time.)
WaterWalk is unable to accommodate any pets who have ever behaved violently or aggressively towards a person or another pet.
You must keep your pet on a leash or in a carrier in the common areas of the property. You must keep your pet off all furniture in the unit/suite and common areas.
Your pet must be up to date with all licensing and vaccination requirements of the state and local jurisdiction where you permanently reside.
You must in all cases notify the Company that you will be bringing a pet as part of your reservation and confirm that you are following all pet-related rules and fees as described on the Booking Channel and the Company website.
You agree that the pet may only urinate or defecate in designated areas.
Your pet must not disturb other residents and guests at the Property, regardless of whether the pet is inside or outside the WaterWalk.
Service animals may accompany our guests to any WaterWalk property, under the following conditions:
Your service animal must be up to date with all licensing* and vaccination requirements of the state and local jurisdiction where the guest permanently resides.
You must furnish copies of your service animal’s current licensing* and vaccination records should the Company request documentation thereof.
You must in all cases notify the Company that you will be bringing a service animal as part of your reservation and confirm that you are following all service animal-related rules as described on the Booking Channel and the Company website.
EMOTIONAL SUPPORT ANIMALS
Emotional support animals may accompany our guests to any WaterWalk property, under the following conditions:
The Company is unable to accommodate any emotional support animals who have ever behaved violently or aggressively towards a person or another pet.
Your emotional support animal must be up to date with all licensing and vaccination requirements of the state and local jurisdiction where you permanently reside.
You must furnish copies of your emotional support animal’s current licensing and vaccination records should the Company request documentation thereof.
If requested, you must provide documentation from a physician, psychiatrist, social worker, or other mental health professionals that demonstrates that the emotional support animal in question provides you (or another guest under the reservation) with the emotional support that alleviates one or more of the identified symptoms or effects of an existing disability.
You must in all cases notify the Company that you will be bringing an emotional support animal as part of your reservation and confirm that you are following all emotional support animal-related rules as described on the Booking Channel and the Company website.
Children of all ages are welcome. Guests are responsible for the actions of all minors who accompany them in the WaterWalk and on the premises. Children are prohibited from entering the amenity areas (including the pool, gym, and rooftops) unless under immediate adult supervision.
Room occupancy limits are determined by the fire code and fire safety restrictions, as well as any local statutes or ordinances. Guests are required to comply with maximum occupancy limits. Please refer to your Booking Channel or the Company website for the maximum occupancy of the WaterWalk you have reserved.
Keys are issued to the registered Guest on the day of arrival. No Keys will be issued to anyone under 18 years of age at any time.
RECEIVING MAIL AND PACKAGES
If you have booked an unfurnished unit/suite, you will be provided with a mailbox and key. Please have mail sent to your unit number provided at check-in.
The unit/suite you have reserved may include parking passes, and amenity keys, among other items that are provided to ensure full access to the Property and its facilities. Failure to return these items at the time of your departure will result in a fee of $250 for each unreturned item.
All WaterWalk suites are cleaned before each new Guest’s arrival. The Company does not provide nightly housekeeping. Some locations do offer additional cleaning services included or added for a fee.
WaterWalk will be offering monthly Housekeeping – Guest must notify staff 7 days on advance if a date change is necessary.
If the Company determines that you have brought any infestation into the WaterWalk or onto the Property, the Company reserves the right to charge you for all costs and expenses, including immediate or urgent response requirements and loss of room revenue, that the Company deems necessary to address the infestation.
Trash must be discarded by the Guest before departure from the WaterWalk. Directions to the nearest trash area are provided at check-in. Failure to discard all trash may result in a fine of $25 per occurrence. Trash is not to be left in common spaces, including hallways, at any time or disposed of in the courtyard/entrance trash cans. Trash is to be taken to the trash area provided at check-in.
POOL AND AMENITY AREAS
No lifeguard is on duty in the pool areas. Guest use of all amenities, including the pool and hot tub areas, is at their own risk. The Company is not responsible for any amenities or services that are closed, out of service, or cannot be used for any reason, and no refunds will be made. *Pools not available at all locations.
In case of an emergency, call 911 immediately. Please notify our team so we are aware and can be of assistance.
Wi-Fi is free for Guests. While the Company makes the best effort to provide interruption-free, high- quality Internet access, the Company assumes no liability if Internet access becomes unavailable. Guests are prohibited from using Wi-Fi for any illegal activity, including, but not limited to, violating the Digital Millennium Copyright Act. The Company assumes no liability for Guest use of the Internet.
PARKING AT OWN RISK
All vehicles parked on the premises must be registered with the Company before the Guest’s arrival. Vehicles are parked at the risk of the owner. The Company shall not assume liability or responsibility for any vehicle, occupants, or contents while operated or parked on the property. If the Guest leaves a vehicle in the parking area after departure without obtaining the written consent of the Company, the Company reserves the right to have the vehicle towed at the owner’s expense.
DAMAGE AND/OR THEFT OF PROPERTY
Guests are liable for any damage and/or theft at the WaterWalk or Property caused by the Guest, their Visitors, or other persons present in the Unit during the Guest’s stay. This includes damage to rooms, fixtures, furnishings, and equipment (such as towels, artwork, electronics, and kitchen equipment). The Company reserves the right to retain the Guest’s payment method details and charge the payment method the full amount that it shall, in its sole discretion, deem necessary to compensate or make good the costs or expenses incurred or suffered by the Company because of the damage and/or theft.
Charges may include but are not limited to repair costs for all property damage, replacement costs for missing or damaged items, smoking fees, and cleaning fees. The Company will make reasonable efforts to mitigate the costs of repairing the damage. If the Unit or Property becomes un-rentable through any action of the Guest, the Company reserves the right to charge the Guest the nightly rate as advertised on the Booking Channel where the reservation was made until the WaterWalk may be returned to a rentable condition, in addition to charges for any damage caused by the Guest and/or their Visitors.
CHANGES OR MODIFICATIONS TO WATERWALKSTAY/LIVE RULES
The Company may modify or amend any of the WaterWalk Stay/LIVE Rules in writing at any time without prior notice. Any written modification or amendment of the WaterWalk Stay/LIVE Rules that occurs before your departure is hereby deemed incorporated into the Terms governing the reservation. Guests should check our website regularly for updates to the WaterWalk terms and conditions.
USE OF PREMISES
The WaterWalk and Property amenity areas shall not be used for any unlawful or illegal purpose. No nails, screws, or other items may be driven into any portion of the WaterWalk. The Guest shall use the WaterWalk for residential purposes only. The Guest shall not conduct any commercial, industrial, or retail activity in the WaterWalk.
REMOVAL FROM THE PREMISES
THE GUEST AGREES THAT THE COMPANY OR OTHER LAWFUL AUTHORITY MAY REMOVE THE GUEST OR ANY VISITORS, WITHOUT NOTICE, FOR ANY REASONS SUCH AS, BUT NOT LIMITED TO: FAILURE TO LEAVE THE WATERWALK AT THE DESIGNATED DEPARTURE DATE AND TIME (UNLESS EXTENDED ACCORDING TO THE TERMS OF THE WATERWALK STAY RULES AND AUTHORIZED IN ADVANCE BY THE COMPANY); NONPAYMENT OF RESERVATION FEES OR OTHER CHARGES; VIOLATION OF ANY RULE IN THE WATERWALK STAY/LIVE RULES; ANY UNLAWFUL ACT OF THE GUEST OR VISITORS; AND VIOLATION OF THESE TERMS. THE GUEST AGREES TO HOLD THE COMPANY HARMLESS FOR ANY INCIDENT NECESSITATING THE REMOVAL OF GUESTS OR VISITORS FROM THE PROPERTY.
THESE TERMS, WHETHER IN WHOLE OR PART, ARE NOT A LEASE OR RESIDENTIAL TENANCY AGREEMENT, AND DO NOT CONVEY OR OTHERWISETRANSFER OR PROVIDE ANY PROPERTY, LEGAL, OR BENEFICIAL RIGHTS OR INTEREST IN REAL ESTATE TO YOU.YOU ARENOT ATENANT OF AND HAVE NOT BEEN GRANTED EXCLUSIVE POSSESSION OF, THE WATERWALK OR PROPERTY. YOU AGREE THAT THE WATERWALK IS NOT YOUR PERMANENT RESIDENCE.
Any dispute arising out of or related to these Terms, including, but not limited to, disputes arising out of your stay at the WaterWalk, will be submitted for and resolved by binding arbitration before the American Arbitration Association (AAA). The Company shall have the right in a proper case to obtain temporary restraining orders, temporary or preliminary injunctive relief, and/or declaratory relief (other than declarations with respect to the amount of money damages) from a court of competent jurisdiction. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of the Terms, whether based on contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of the Guest’s occupancy. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THE TERMS AND CONDITIONS, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, THE PROPERTY OWNER AND ITS MANAGING AGENTS, ANY OF THEIR AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, PAIN AND
SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, UNDER ANY LEGAL THEORY, INCLUDING BUT NOT LIMITED TO, TORT (INCLUDING CLAIMS OF NEGLIGENCE, PERSONAL OR BODILY INJURY), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING OUT OF OR IN CONNECTION WITH ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE WATERWALK , THE COMPANY’S SERVICES, PROPERTIES, OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE WATERWALK , THE COMPANY’S SERVICES, OR PROPERTIES.
IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNTS YOU HAVE PAID FOR BOOKING WATERWALK S IN THE TWELVE (12) MONTH PERIOD BEFORE THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
WAIVER AND SEVERABILITY
It is the intent of the parties that the provisions of these Terms shall be enforced to the fullest extent permissible under applicable law. All provisions of these Terms are intended to be severable. In the event any provision contained herein is held to be invalid or unenforceable in any respect, in whole or in part, such finding shall in no way affect (i) the application of such provision to other persons or circumstances, (ii) the validity or enforceability of such provision, or the application of such provision, in any other jurisdiction, or (iii) the validity or enforceability of any other provision of these Terms.
The parties further agree that any such invalid or unenforceable provision shall be deemed modified so that it shall be enforced to the greatest extent permissible under applicable law, and to the extent that any court of competent jurisdiction determines any provisions herein to be unenforceable in any respect, such court may limit these Terms to render it enforceable in the light of the circumstances in which it was entered into and specifically enforce these Terms to the fullest extent permissible.
The Company reserves the right to move you to a comparable unit should circumstances beyond the control of the Company arise.
It is understood and agreed that by agreeing to these Terms and Conditions and/or making payment as requested, you have acknowledged and consented to all such Terms and Conditions of the WaterWalk Stay/LIVE Rules, on behalf of yourself and those in your party.