1. Conferred Benefits of the Tentrr Pass, Key Definitions, and Interpretation as a Limited License
Purchaser is acquiring a Tentrr Pass that entitles them to overnight stays in designated State Park Tentrr campsites according to the terms set forth herein (collectively, the “Agreement”). For purposes of this Agreement, the term “campsite” means a designated Tentrr unit designed for a 2-4 person capacity. Tentrr Pass does not include use of, or access to, Tenntr sites located on privately owned real estate (a/ka “Tentrr Signature,” Backpacking, or Glamping partner sites). Purchasers of the Tentrr Pass shall be known as “Pass-Holders.” The pass is to be construed only as a “limited license” bestowing upon Pass-Holder the rights and obligations described herein and protecting Pass-Holder from specified liability for actions that might otherwise be contrary to Tentrr’s Standard Terms and Conditions or deemed illegal, acts of trespass or subject to the civil tort law. As a “limited license,” however, such permissions are constrained by the terms and conditions of this Agreement, and other legal proscriptions (whether or not specifically designated), and may be subject to change. Together, Tentrr and Pass-Holder may be referred to as the “Parties.”
BY ACCEPTING THE BENEFITS OF THIS LIMITED LICENSE, PASSHOLDER ASSUMES SOLE RESPONSIBILITY FOR COMPLIANCE WITH THESE TERMS AND CONDITIONS, INCLUDING THE INDEMNIFICATION POLICY SET FORTH BELOW. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS CREATING A LEASEHOLD OR HOTEL OCCUPANCY RELATIONSHIP BETWEEN THE PARTIES.
2. Length of Stay and Reservations
Pass-Holders may stay at a campsite for a maximum of five consecutive nights without paying nightly fees. Reservations are required to be made at least 7 days before check-in and are subject to availability. Pass-Holders may extend a five-day stay (pending availability) by paying on a standard night-by-night basis.
3. Duration of Tentrr-Pass
The initial term of this Agreement and the rights conferred upon each Pass-Holder thereunder begins upon activation and continues for a period of twelve (12) months (the “Standard Term”). Termination of the Standard Term shall be automatic unless the Tentrr Pass is renewed by mutual agreement - including compliance with any additional terms and conditions that may be in place at the time of renewal (the “Renewal Terms”) - as well as adherence to all other contracts, agreements, and understandings binding upon Tentrr and Pass-Holder. (See e.g., Terms of Service (tentrr.com); Section 16, below)
4. Pass-Holder Privileges and Obligations.
Group Size: Pass-Holders may bring three additional campers at no additional charge. Groups exceeding four campers will be charged a fee and/or be subject to cancellation at the sole discretion of Tentrr.
Non-Use: If a Pass-Holder does not use the pass within 12 months from the date of activation, it will automatically be extended for another 6 months.
Simultaneous Reservations: No more than 2 active reservations may be held by the Pass-Holder at any one time during the operation of this Agreement.
Unlimited Nights: There is no limit to the total number of nights that Pass-Holders may use their Tenterr Pass during an active subscription.
Discretionary Modification & Pass-Holder Responsibility: Tentrr reserves the right to modify Pass-Holder privileges at any time for a legitimate cause. It is the responsibility of Pass-Holders to read and abide by the most up-to-date Tentrr Pass rules as published on the website at the time of booking.
Assumption of Risk: Tentrr Pass provides substantial discounts and unique opportunities to Pass-Holders. Tentrr is committed to delivering these benefits in good faith while ensuring its related business judgments reflect the overall best interests of Tentrr and its customers. In partial consideration for accessing the program’s many benefits, Pass-Holders accept the possibility that the program may become subject to factors beyond Tentrr’s control such as negative economic conditions, unexpected state regulations, or other unpredictable events (the “Assumed Risks”). Should Tentrr be forced to curtail or end the Tentrr Pass program due to an Assumed Risk prior to the expiration of any individual Tentrr-Pass term, nothing in this Agreement should be interpreted as a performance guarantee or grounds for any specific amount of remuneration.
5. Pass-Holder “No Show” Policy.
Pass-Holders who cancel two or more reservations without prior notice shall be designated “No Shows” (in this instance, “cancellation” is defined as failing to appear on the date of the Pass-Holder’s reservation and/or within a specific time window on that date (if pre-agreed between Pass-Holder and Tentrr). Although Tentrr understands that plans change and unexpected circumstances arise, this policy is necessary to ensure Tentrr’s ability to fairly provide high-quality services for Tentrr customers.
Should a Pass-Holder become a No Show, Tentrr Pass privileges will be put on hold pending the Pass-Holder’s remittance of a $200 reactivation fee within the remainder of the Pass-Holder’s original twelve-month subscription period.
Exceptions to “No Show” Policy:
The campsite is unsafe, unclean, or inaccessible.
Use of the campsite is prohibited based on a determination from law enforcement.
Force Majeure events or other forms of impossibility due to circumstances beyond the Parties’ control (examples including - but not limited to - extreme weather events, civil disturbance, provable unrelated injury or illness, vehicular accidents not caused by Pass-Holder, and/or Tentrr’s unexpected loss of access to all or part of a specific park or campsite).
A reasonableness determination was made by Tentrr following an explanation from Pass-Holder.
ADDITIONAL CONDITIONS, DISCLAIMERS, AND EXPLANATIONS
Tentrr’s Modification Rights.
Tentrr’s right to operate in the manner it deems appropriate (subject to applicable laws, rules, and regulations) includes, but is not limited to, the right to modify, expand, reduce, or cease operations of any campsites, facilities, or amenities at any time and for any period of time, and, from time to time, to reduce capacity. (See also “Passholder Privileges & Obligations, above)
Discount Booking Limitations.
In the event that a booking matches the criteria for a special discount, and such discount is able to be applied to Tentrr Pass, additional promo codes/gift cards cannot be combined in that booking.
Tentrr Pass is valid at all participating state park locations. However, Tentrr reserves the right to change the availability of state parks, and/or specific locations within a state park, at any time and for any reason. Pass-Holders should refer to the Tentrr website or contact an official Tentrr representative for updates, information, and questions. Certain decisions made by state park administrators and state governments are beyond Tentrr’s control and may also alter Pass-Holder access.
Good Faith Performance.
Tentrr will make good faith efforts to inform Pass-Holders of any material changes concerning the availability and will provide Pass-Holders the discretion to access alternatives whenever possible.
Restrictions on Transferability, Refunds, and Improper Use.
Tentrr Pass is offered exclusively for the benefit of Pass-Holder and must be used in strict accordance with the terms of this Agreement, any other applicable Tentrr agreements, and any side agreements between Tentrr and Pass-Holder.
Under no circumstances are Pass-Holders permitted to sell, give, advertise, or otherwise transfer any right or privilege attached to their Tentrr Pass or the Tentrr-Pass program.
Once purchased, the Tentrr-Pass is non-refundable unless pursuant to a specific exception granted at the sole discretion of Tentrr.
Should a Pass-Holder use (or attempt to use) a Pass in coordination with another camping company (or similarly situated business), this shall constitute an immediate Termination Event. (See e.g., Section 6, below)
Revocation and Reservation of Rights.
Tentrr, at its sole discretion, and unless otherwise prohibited by law, reserves the right to revoke a Pass-Holder’s privileges based upon a violation of this Agreement, violation of any other applicable Tentrr Agreement, the “No Show” policy, or for any other reason that Tentrr determines is, or would be, detrimental to Tentrr or its partners (a “Termination Event”). Such reasons include - but are not limited to - Pass-Holder conduct that actually, or would be likely to, endanger the safety or health of any person; violate any law, regulation, policy, or rule governing the park or facility; may give rise to a civil action such as fraud, negligence, trespass, conversion, or nuisance; nonpayment, incomplete or untimely payment; or for other good cause as determined by Tentrr.
Effects of Promotional Pricing and Other Changes to Price and Availability.
Prices and availability are subject to change without notice. From time to time, at its sole discretion, Tentrr may offer promotions or discounts including the availability of the Tentrr Pass at a price less than its standard list price or previously advertised price.
Pass-Holders have no right to compensation nor other reimbursement based upon whatever difference may exist between the list price at time of purchase and any subsequently advertised promotional price. Similarly, in the event Tentrr changes the price of the Tentrr-Pass for some other reason, Pass-Holders remain responsible for the original price agreed upon between them and Tentrr at the time of purchase. (See also above sections for additional information related issues like “assumption of risk” and “good faith performance”)
The parties will attempt to resolve any dispute arising out of or relating to, this Agreement through friendly negotiations among the parties. If the matter is capable of resolution by negotiation, the Parties agree the matter will be submitted to binding arbitration, pursuant to New York law and in the jurisdiction of New York, County of New York. Under such circumstances, the rules and procedures of the American Arbitration Association shall apply. The arbitrator's award will be deemed final, and judgment may be entered by any court having proper jurisdiction.
9. Entire Agreement.
This Agreement contains the entire agreement and understanding of the Parties. There are no other promises or conditions in any other agreement, whether oral or written, concerning the subject matter of this Agreement.
10. Severability and Qualified Reinterpretation.
If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court or other qualified decision-maker finds a provision of this Agreement invalid or unenforceable but determines that, via modification, such provision would become valid and enforceable without departure from its intended purpose, the provision will be deemed to be written, construed, and enforced as so modified.
This Contract may be modified or amended at any time by Tentrr with appropriate notice to Pass-Holder. Any such amendment - unless otherwise specified - shall not abrogate this Agreement including its sections pertaining to refunds.
12. Choice of Law/Venue.
This Contract shall be construed in accordance with the laws of the State of New York without regard to choice-of-law provisions. The Parties consent to the jurisdiction of the state and federal courts located in the state of New York, County of New York.
13. Notices and Official Communications.
Any notice or communication required or permitted under this Contract shall be deemed sufficient if delivered to the other party by email to the address provided by Pass-Holder at the commencement of their Tentrr Pass subscription.
14. No Inadvertent Waiver.
The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of other provisions of the Agreement.
Pass-Holder shall indemnify and hold Tentrr harmless from any loss or liability arising from its performance of services under this Agreement unless owing to criminality, intentionality, or recklessness. Pass-Holder accepts that camping involves inherent risks. By purchasing Tentrr Pass and reserving a campsite, Pass-Holder understands it is their responsibility to take reasonable precautions necessary for personal safety as well as to protect the natural wilderness.
16. Tentrr’s Terms of Service apply to Tentrr Pass
Tentrr requires all Pass-Holders to carefully read and abide by Tentrr’s Terms of Service. This document is updated from time to time, with the most recent available version available here: Terms of Service (tentrr.com). Tentrr urges Pass-Holders to contact Tentrr to resolve any questions either before or during their use of Tentrr Pass.
17. Signatories, Execution and Consideration-based Commencement.
This Agreement’s binding privity shall be established through an exchange of electronic signatures and requisite consideration: for Tentrr by its duly authorized representative, and for Pass-Holder by acceptance on the website. Pass-Holders’ privileges/obligations and Tentrr’s obligations shall commence upon mutual acknowledgment and the receipt of payment.
EFFECTIVE DATE: OCTOBER 6, 2022
For questions, please contact:
Phone : (888) 798-9093