TERMS & CONDITIONS FOR ROOM RENTALS
& PREMISES ACCESS
https://emblazehotel.com/agreement
(“Agreement”)
Effective as of July 15, 2026
This Agreement governs reservations, bookings, payment authorizations, occupancy, room use, guest and visitor conduct, charges, stays, and visits at Emblaze Hotel, a separate protected limited-liability series of Natalia Hospitality, LLC (the “Hotel”). By making or authorizing a reservation, booking, or payment; using or occupying Hotel accommodations in any form; entering or occupying a guest room; entering or remaining on the Premises for any purpose, including as a visitor; signing a registration card, folio, invoice, or visitor or guest sign-in sheet; visiting any Guest or occupant; or otherwise receiving Hotel services, You (“Guest,” “Visitor,” “Occupant,” “You,” “Your,” and/or “Booking Party”) irrevocably agree to this Agreement for Yourself and all occupants, invitees, representatives, and persons associated with Your reservation, stay, or visit. You irrevocably authorize billing to Your debit, credit, virtual, bank, corporate, OTA, third-party, or other payment instrument (“Card”) in accordance with this Agreement and Your Card issuer agreement. “Responsible Party” means any Booking Party, corporate lodging provider, employer, contractor, coordinator, travel arranger, Online Travel Agency (OTA), representative, corporate account, or other person or entity that authorizes, arranges, guarantees, or pays for a reservation on behalf of another Guest or occupant.
“Premises” means the Hotel’s building(s), guest rooms, grounds, parking areas, and all other indoor and outdoor areas of the Hotel. “Hotel” refers to Emblaze Hotel as a business entity and, where the context requires, includes the Premises. “Visitor” means any person who enters or remains on the Premises without a current registered stay, including any person visiting a Guest or occupant and any person who signs a visitor or guest sign-in sheet. This Agreement applies to each Visitor to the full extent applicable to the Visitor’s entry, presence, and conduct on or about the Premises — including, without limitation, the dispute-resolution, class-waiver, liability-limitation, indemnification, conduct, removal, and limited-recourse provisions — and references to “Guest” or “You” include each Visitor where the context permits.
All limitations, waivers, authorizations, indemnities, disclaimers, and protective provisions in this Agreement apply to the fullest extent permitted by applicable law, unless a specific provision states a different standard.
1. PAYMENT, RESERVATIONS, CANCELLATIONS & CHARGES
1.1 Authorization
You authorize the Hotel to immediately pre-authorize and/or charge Your Card for all amounts due under this Agreement, including room rates, taxes, fees, deposits, incidentals, extensions, damages, excessive cleaning, smoking/vaping violations, pet fees, missing items, out-of-service charges, chargeback-related losses, collection costs, and authorized ancillary services. This authorization applies to confirmed reservations whether or not You check in, cancel, dispute charges, initiate a chargeback, or fail to use the accommodations. Failure, decline, reversal, blocking, chargeback, or invalidity of a payment method does not cancel, void, reduce, or modify a confirmed reservation, and You remain personally and contractually responsible for all amounts due. This authorization extends to written, verbal, electronic, digital, OTA-based, corporate, third-party, and online instructions relating to Your reservation, stay, charges, extensions, or associated services.
1.2 Booking Party; Third-Party and Corporate Reservations
Any Guest staying in a room and any Responsible Party that authorizes a reservation or payment method remains responsible for payment, cancellation obligations, no-show charges, damages, collection costs, and chargeback-related losses. Occupancy by someone other than the Booking Party does not release the Booking Party or primary Guest from liability. Where more than one person or entity is responsible for a reservation, all are jointly and severally liable.
1.3 Fee Schedule and Operational Policies Incorporated
The Hotel maintains a Schedule of Fees & Operational Policies at https://emblazehotel.com/fees, incorporated by reference. It may include early check-in and late check-out fees, pet fees, smoking/vaping recovery fees, excessive cleaning fees, damage charges, room recovery charges, housekeeping policies, and related terms. The version in effect when the reservation is made, the stay occurs, or the charge arises governs. The Hotel may update the Fee Schedule prospectively by posting a revised version online.
1.4 For Hotel Direct Reservations Only: 72-Hour Prior-to-Arrival Cancellation Policy
This policy applies exclusively to reservations made directly with the Hotel (at https://emblazehotel.com or by calling 361-786-0110): cancellation must be completed at least seventy-two (72) hours before the scheduled check-in time of 4:00 p.m. Central Time on the arrival date to avoid liability. Any reservation cancelled less than seventy-two (72) hours before the scheduled check-in time — including any reservation made within seventy-two (72) hours of scheduled arrival — is immediately non-cancellable, non-refundable, and non-modifiable upon booking, and the Booking Party and/or Guest remains responsible for all charges for the entire reserved length of stay, including taxes and fees. Early departures, shortened stays, travel delays, or unused nights do not entitle You to any refund, credit, or adjustment. The Hotel relies on confirmed reservations by removing room inventory from availability and foregoing other bookings.
1.5 Online Travel Agency (OTA) Reservations
Reservations made through third-party booking platforms are governed exclusively by the terms presented at booking through that platform. For this Hotel, OTA reservations are expressly non-cancellable, non-refundable, and non-modifiable immediately upon confirmation and/or payment, and the Booking Party and/or Guest remains responsible for all charges for the entire reserved length of stay, including taxes and fees. The Hotel will NOT modify, cancel, refund, or override OTA reservations; changes must be directed to the OTA and remain subject to the OTA’s terms. By completing an OTA reservation, the Booking Party acknowledges these terms and agrees the Hotel relies on them.
1.6 Cancellation Procedure and Effectiveness
Cancellation and modification rights, if any, are strictly governed by Sections 1.4 and 1.5. Any request to cancel or modify a permitted reservation is effective only if the Hotel or applicable OTA confirms it in writing. The Hotel’s internal records, audit logs, booking records, folios, and transaction histories control for determining reservation status, charges, and Guest liability, absent clear and convincing evidence of material error. Verbal communications are not proof of cancellation absent written confirmation from the Hotel or applicable booking channel.
1.7 No Refunds for Unused Nights
The Hotel provides no refund, credit, or adjustment for early departure, unused nights, shortened stays, delayed arrival, or failure to occupy the room, regardless of booking channel or circumstance; Guest remains responsible for all charges for the entire reserved length of stay.
1.8 Payment Disputes; Chargebacks; Collection Costs
You agree to contact the Hotel in writing about billing concerns before initiating a chargeback or payment dispute whenever reasonably possible. If a payment dispute, chargeback, retrieval request, reversal, or fraud claim is initiated regarding charges under this Agreement, You remain contractually responsible for all legitimately incurred charges regardless of any card-network, bank, or processor determination; such a reversal does not determine whether the underlying charges were validly incurred. You remain personally responsible for unpaid balances and all costs of collection, including reasonable attorneys’ fees, collection agency fees, arbitration and court costs, filing fees, and costs of responding to chargebacks or disputes. This Section applies to unauthorized third-party card use, stolen-card and cardholder fraud claims, corporate-card disputes, and declined or blocked payment methods where the Hotel provided accommodations or incurred losses in reliance on the reservation.
2. PERSONAL PROPERTY; VALUABLES; VEHICLES; PARKING; LIEN
2.1 Personal Property; Valuables; Vehicles; Parking; Lost & Found
You are urged to secure valuables including cash, jewelry, electronics, documents, and medication; a secure safe may be available upon request. You assume responsibility for safekeeping Your property, vehicle, and vehicle contents. Parking is provided solely as a convenience and at Your own risk. The Hotel is not responsible for theft, loss, vandalism, or damage to personal property, valuables, vehicles, or vehicle contents, and as a condition of parking on or bringing property onto the Premises, You hold the Hotel harmless from all such claims. Items left behind may be stored for a reasonable period and thereafter discarded, donated, or disposed of; return shipment may be arranged at Your request and expense.
2.2 Possessory Lien; Property Held for Unpaid Amounts
To the extent permitted by law, including Texas Property Code Chapter 70 (Hotel Liens), the Hotel exercises any possessory, statutory, common-law, or other available lien or remedy against items left, abandoned, stored, or remaining on the Premises for unpaid amounts due.
3. CHECK-IN, CHECK-OUT, EXTENSIONS & REQUIREMENTS
3.1 Times
Check-In: 4:00 p.m. Central Time. Check-Out: 11:00 a.m. Central Time. Early check-in and late check-out are not guaranteed and remain subject to availability, housekeeping status, staffing, and management approval. Applicable charges are stated in the Fee Schedule.
3.2 Extensions
Extension requests must be made before 11:00 a.m. on the scheduled checkout day and are subject to availability, management approval, payment authorization, and the Hotel’s then-current rates advertised at https://emblazehotel.com, unless the Hotel agrees to a discounted rate in writing. No extension or discount is effective unless approved by the Hotel in writing.
3.3 Registration; Age; Identification; All Occupants; Deposit
The primary registrant must be at least eighteen (18) years of age, present valid government-issued photo identification, and present a valid Card in the registrant’s name unless the Hotel has approved a third-party or corporate payment arrangement in writing in advance. Prepayment, OTA payment, or corporate payment does not waive the Hotel’s identification, registration, deposit, or verification requirements as conditions of check-in.
All room occupants must be registered, and all adult occupants must present valid government-issued photo identification. Unregistered occupants, unauthorized visitors, false names, or occupancy-limit violations may result in denial of access, removal, termination of occupancy, and/or additional charges. The Hotel may deny check-in, terminate occupancy, or require alternate payment if any registration, identification, or authorization requirement is not satisfied, and may require additional verification, deposits, or pre-authorizations in its sole discretion. The primary Guest and Booking Party remain responsible for all occupants, visitors, invitees, and amounts due.
3.4 Late Check-Out
Unauthorized late check-out may result in additional charges up to an additional night at the Hotel’s then-current advertised rate plus taxes and fees, and may result in termination of guest privileges and removal consistent with applicable law.
4. ROOM CONDITION; HOUSEKEEPING; ROOM ENTRY
4.1 Inspection; Reporting Defects; Sole and Exclusive Remedy
You agree to report any apparent health, safety, cleanliness, maintenance, or quality concern to the front desk within thirty (30) minutes of check-in to request a room change or service correction. Subject to availability, Your sole and exclusive remedy for apparent room defects is a room change, repair attempt, or service correction. Failure to timely report apparent concerns constitutes acceptance of the room condition for the remaining stay.
4.2 Housekeeping Services
Housekeeping frequency, linen and towel exchange, and room servicing may vary with occupancy, staffing, room type, room condition, and length of stay. The Hotel does not guarantee daily housekeeping; for extended stays, housekeeping is generally provided periodically. Towel or linen exchange may be available upon request during designated housekeeping hours, subject to staffing and availability. Additional details may be stated in the Fee Schedule.
4.3 Room Entry; Privacy Signs; Privacy Notices
Privacy signs, do-not-disturb notices, or similar notices do not prevent the Hotel from entering an occupied room when reasonably necessary. The Hotel may enter occupied rooms at reasonable times for housekeeping, maintenance, repairs, inspections, safety or welfare checks, security concerns, pest control, policy enforcement, emergencies, sanitation, damage prevention, or other lawful purposes. In emergencies, suspected policy violations, safety concerns, or circumstances requiring immediate attention, the Hotel may enter without prior notice. Refusal to permit reasonable room entry may result in denial of service, termination of occupancy, or removal.
4.4 Consent to Entry; Limited Privacy Acknowledgment
As a temporary transient hotel guest, You acknowledge a limited expectation of privacy as to authorized Hotel personnel entering the guest room for the purposes described in this Agreement. By accepting a room key and occupying a guest room, You irrevocably consent to all Hotel entries described in Section 4.3 and waive any claim against the Hotel or its authorized personnel arising from lawful room entry under this Agreement. You further consent to the Hotel’s photographing or video-documenting the condition and contents of the guest room in connection with any entry permitted under Section 4.3, including to document damage, policy violations, or safety or security concerns, subject to applicable law. Consent under this Section runs only to the Hotel and its authorized personnel.
5. IN-ROOM ENTERTAINMENT & AMENITIES
5.1 Disclaimer
Television, streaming, internet, Wi-Fi, appliances, laundry and kitchen facilities, and other amenities are provided without warranty as to availability, compatibility, speed, uninterrupted operation, quality, or performance, and may be modified, interrupted, restricted, or discontinued without notice. Amenities are for lawful personal guest use only and are subject to operational limits, maintenance, and Hotel rules.
6. PET POLICY
6.1 Approval; Fees
Pet stays are permitted only with Hotel approval, subject to Hotel rules and the Fee Schedule. Applicable pet fees, authorization holds, and pet-related charges are stated in the Fee Schedule. Pet stays remain subject to the Hotel’s discretion and may be denied, conditioned, or revoked for hygiene, disturbance, allergy, damage, pest, odor, sanitation, or safety concerns.
6.2 Responsibility
You remain responsible for all pet-related damages, odor remediation, pest and flea treatment, sanitation costs, excessive cleaning, loss-of-use charges, and all other pet-related losses. Unauthorized pets may result in additional charges, termination of occupancy, removal of the animal, and other lawful action.
7. NON-SMOKING / NON-VAPING
7.1 Prohibition; Fees
The entire Hotel is non-smoking and non-vaping unless expressly designated otherwise in writing by Hotel management. Smoking, vaping, marijuana, cannabis, or use of any odor-producing substance in prohibited areas may result in room recovery fees, odor remediation, ozone treatment, out-of-service charges, excessive cleaning charges, and additional damages as stated in the Fee Schedule.
8. TEMPORARY TRANSIENT OCCUPANCY; NO TENANCY; NO PERMANENCY; REMOVAL; RIGHT TO REFUSE; INDEMNITY
8.1 Revocable License; Hotel Control; No Exclusive Possession; Transient Guest Status; Waiver of Tenancy and Permanency
Hotel Control; Revocable License; No Exclusive Possession. Your occupancy is a revocable license to use an assigned guest room for transient lodging only, and is not a lease, rental, or conveyance of any interest in real property. The Hotel retains continuous possession, dominion, and operational control over every guest room and all other portions of the Premises; no room assignment is permanent or exclusive; and the Hotel may relocate, reassign, or substitute Your accommodations at any time. You acquire no leasehold, tenancy, possessory, permanency, homestead, or other property or exclusive-possession interest in any room or portion of the Premises, regardless of the duration of Your stay or the number of reservations, renewals, or extensions. If You are nonetheless determined to have acquired any such interest, You irrevocably waive and relinquish it in perpetuity to the fullest extent permitted by law.
You acknowledge and agree that You are at all times a temporary transient hotel guest and not a tenant, resident, permanent occupant, leaseholder, or homestead claimant under any theory of law. Regardless of length of stay — including stays of thirty (30) or more consecutive days — or any tax classification as a “permanent” guest for occupancy-tax purposes only, You irrevocably waive any right to claim any form of real permanency, tenancy, leasehold, homestead, or residential occupancy status. The Hotel offers and permits stays of any length, including stays of thirty (30) or more consecutive days, only in material reliance on Your transient guest status and on the waivers in this Section 8.1, and would not offer or permit any such stay absent Your agreement to them. The terms of this Section 8.1 are material terms on which the Hotel relies, subject to Section 13.5.
8.2 Immediate Vacatur; Right to Refuse or Terminate Service; Trespass; Law Enforcement
The Hotel may terminate guest privileges, refuse service, deny occupancy, restrict access, or require immediate vacatur for nonpayment or payment failure, policy violations, fraud, chargeback activity, refusal to comply with lawful directives, unauthorized occupancy, unlawful or disruptive conduct, damage, threats, harassment, safety or security concerns, or in the Hotel’s reasonable discretion for operational, safety, or security reasons or for conduct that in its reasonable judgment endangers persons or property or materially interferes with Hotel operations or guest comfort. You remain responsible for the full amount due for the entire reserved length of Your stay regardless of the reason for termination, refusal, or removal.
Upon notice, You shall immediately vacate. If You fail to vacate, You acknowledge loss of guest status and consent to removal as a trespasser consistent with applicable law, including the Hotel’s right to seek law enforcement assistance and/or injunctive relief.
You expressly and irrevocably waive any and all rights, procedural protections, notice requirements, waiting periods, cure periods, and judicial process that may otherwise apply to or delay the Hotel’s right to require immediate vacatur, regardless of the duration of Your stay, the number of consecutive nights resided, any administrative or tax classification of Your occupancy, or any other factor. No length of stay — including thirty (30) or more consecutive days — creates any tenancy or permanency right, residential protection, procedural delay, or right to remain beyond the Hotel’s notice to vacate.
8.3 Indemnification
FOR PURPOSES OF THIS SECTION 8.3, “YOU,” “YOUR,” AND “GUEST” INCLUDE ALL ROOM OCCUPANTS, INVITEES, GUESTS OF GUEST, VISITORS, REPRESENTATIVES, AGENTS, AND ALL PERSONS PRESENT AT THE HOTEL IN CONNECTION WITH YOUR RESERVATION OR STAY.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS THE HOTEL, ITS PROTECTED SERIES, PARENT, AFFILIATES, OWNERS, MANAGERS, MEMBERS, OFFICERS, EMPLOYEES, AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LOSSES, DAMAGES, COSTS, FINES, PENALTIES, LIABILITIES, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, ARISING FROM OR RELATED TO:
(A) YOUR RESERVATION, OCCUPANCY, CONDUCT, PAYMENT OBLIGATIONS, OR BREACH OF THIS AGREEMENT OR HOTEL RULES;
(B) YOUR FAILURE TO VACATE UPON TERMINATION OF GUEST PRIVILEGES;
(C) DAMAGE, DISTURBANCE, UNLAWFUL ACTIVITY, FRAUD, PAYMENT DISPUTES, CHARGEBACKS, OR POLICY VIOLATIONS CAUSED BY YOU OR ANY ASSOCIATED PERSON;
(D) ANY ALLEGATION THAT YOUR REMOVAL, OR THE REMOVAL OF ANY ROOM OCCUPANT, INVITEE, OR ASSOCIATED PERSON, THE TERMINATION OF OCCUPANCY, THE DENIAL OF ACCESS, OR ANY ROOM ENTRY BY THE HOTEL CAUSED YOU OR THEM HARM.
9. DATA USE & COMMUNICATIONS
9.1 Consent
You consent to the Hotel’s use of Your personal information for billing, fraud prevention, operational, administrative, security, legal, collection, marketing, and guest-service purposes consistent with applicable law and the Hotel’s Privacy Policy (https://emblazehotel.com/privacy-policy/). If You provide a mobile number or email address, You consent to transactional communications relating to Your reservation, payment, balance, stay, policies, disputes, and Hotel services. You may opt out of marketing communications as permitted by law; transactional and legal communications will continue as necessary.
10. ARBITRATION; ONLINE DISPUTE RESOLUTION; NO COURT/JURY; NO CLASS PROCEEDINGS
10.1 Agreement to Arbitrate; Scope; Informal Resolution
To the fullest extent permitted by law, any claim or controversy arising out of or relating to this Agreement, the Fee Schedule, Your reservation, stay, occupancy, presence on the Premises, removal, room entry, payment obligations, charges, damages, policies, or services, not resolved informally, shall be resolved exclusively through final and binding arbitration on an individual basis, except for court proceedings expressly permitted under Section 20. Before initiating arbitration, the party asserting a dispute shall give the other written notice describing the dispute and relief sought (notice to the Hotel may be sent to its principal place of business or emblazehotel@gmail.com) and allow thirty (30) days for good-faith informal resolution, unless emergency or injunctive relief is needed.
10.2 Arbitration Administrator; Rules; Remote and Document-Based Proceedings
Arbitration shall be administered by Ejudicate, Inc. d/b/a Brief (“Brief”) under Brief’s then-current rules and procedures, available at https://www.thinkbrief.com/arbitration-rules/, for any dispute within Brief’s then-current jurisdictional, claim-type, and claim-amount limits. The parties consent to Brief’s jurisdiction, platform, and procedures for any dispute Brief administers. In any arbitration under this Section 10, regardless of administrator, remote, virtual, or documents-only proceedings are the default, and no in-person hearing is required unless the arbitrator determines one is legally necessary for fundamental fairness.
10.3 Fallback Administrators; Administrator Designation Severable
If a dispute exceeds Brief’s then-current jurisdictional or claim-amount limits, is of a type Brief does not then administer, if Brief is unwilling, unable, or unavailable, or if the designation of Brief is held invalid or unenforceable as to a dispute, arbitration of that dispute shall proceed before: (a) the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect (https://www.adr.org), with any dispute in which no disclosed claim or counterclaim exceeds $25,000 resolved by documents-only/desk arbitration under the AAA’s Document Submission Procedures (Rule D-1(b)) unless the arbitrator determines a hearing is required for fundamental fairness; (b) if the AAA is unavailable, JAMS under its applicable rules; or (c) if both are unavailable, an arbitrator appointed by a court of competent jurisdiction under the Federal Arbitration Act. The designation of any particular administrator is not an essential term of this agreement to arbitrate: the unavailability, refusal, limitation, or unenforceability of any administrator designation shall not void or excuse the parties’ agreement to arbitrate, which shall be enforced through the next available administrator or a court-appointed arbitrator.
10.4 Delegation; Arbitrability
The parties delegate to the arbitrator the exclusive authority to resolve disputes about the interpretation, applicability, enforceability, formation, or scope of this arbitration agreement, except that a court shall decide the enforceability of the class, collective, and representative action waiver in Section 10.7.
10.5 Seat; Governing Arbitration Law; Prospective Changes Only
The legal seat of arbitration is Live Oak County, Texas. The seat does not require the arbitrator, administrator, parties, witnesses, or any hearing or proceeding to be physically located there, and the arbitrator may be selected from inside or outside Live Oak County, Texas. This arbitration agreement is governed by the Federal Arbitration Act and, where not preempted, Texas law. Any update to this Section 10 applies prospectively only and does not apply to any dispute that accrued, or of which the Hotel had written notice, before the update’s effective date.
10.6 Fees; Remedies; Written Decision
The arbitrator may award any remedy available under applicable law and shall issue a reasoned written decision. A Guest shall pay no more in filing fees than to file a civil action in a Texas state court, unless applicable law permits otherwise. Other arbitration fees may be allocated consistent with applicable law, the administrator’s rules, and the arbitrator’s award. The Hotel may recover unpaid balances, filing fees, administrative and arbitration fees, collection costs, attorneys’ fees, chargeback-related costs, and other recoverable amounts to the fullest extent permitted by law.
10.7 No Court or Jury; No Class / Representative Proceedings
YOU WAIVE ANY RIGHT TO A COURT OR JURY TRIAL FOR COVERED DISPUTES, EXCEPT FOR COURT PROCEEDINGS EXPRESSLY PERMITTED UNDER SECTION 20.
TO THE FULLEST EXTENT PERMITTED BY LAW: (A) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER PROCEEDING; (B) NO CLAIM SHALL BE ARBITRATED OR LITIGATED ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS; AND (C) NO CLAIM MAY BE BROUGHT IN A REPRESENTATIVE CAPACITY ON BEHALF OF OTHERS OR THE GENERAL PUBLIC. CLAIMS MUST BE BROUGHT SOLELY ON AN INDIVIDUAL BASIS.
11. LIMITATION OF HOTEL LIABILITY; EXCLUSIVE REMEDIES
Except for liability that cannot legally be limited, including mandatory and non-waivable statutory rights, the following limitations apply to all claims against the Hotel.
11.1 No Consequential, Special, Incidental, Punitive, or Exemplary Damages
The Hotel shall not be liable for any indirect, incidental, consequential, special, reliance, lost-profit, loss-of-use, emotional-distress, punitive, exemplary, or similar damages arising out of or relating to any reservation, stay, occupancy, service or amenity issue, billing issue, room condition, housekeeping, internet, interruption, removal, denial of service, cancellation, or related matter, under any cause of action whether in contract, tort, strict liability, warranty, or statute (including consumer protection statutes), to the maximum extent permitted by law. Where a statute mandates specific remedies that cannot be contractually limited, the Hotel’s liability for that mandatory remedy is preserved; all other liability remains limited as set forth herein.
11.2 Room-Related and Stay-Related Claims; Compelled Award Cap; Hotel’s Election of Liquidated Damages
For any claim of any kind arising from or relating to Guest’s reservation, stay, occupancy, presence on the Premises, the condition or operation of the Hotel or guest room, or any services or accommodations provided by the Hotel — however characterized or whatever legal theory asserted — Guest’s exclusive remedy is a room change, repair attempt, service correction, or discretionary accommodation as determined solely by the Hotel.
Compelled Award Cap. If a monetary remedy is explicitly and legally compelled and/or awarded by an arbitrator or court, the Hotel’s maximum monetary liability for any such claim shall not exceed one (1) night’s room rate actually paid for the affected room, excluding taxes, fees, deposits, incidentals, pet fees, and ancillary charges (the “Net Room Rate”). The parties agree this is a reasonable pre-agreed estimate of the maximum recoverable loss and is not a penalty.
Hotel’s Election of Liquidated Damages. Separately and independently, at any time and in its sole discretion — before, during, or after any dispute or arbitration proceeding — the Hotel may elect to tender or pay Guest the greater of (a) $50.00 or (b) twenty-five percent (25%) of the Net Room Rate, not to exceed the Net Room Rate, as full and final liquidated damages. Upon the Hotel’s election and tender or payment, that payment constitutes a complete release and discharge of any and all claims, demands, actions, and liabilities of any kind — however characterized — of Guest, all room occupants, invitees, and Visitors, all persons associated with the reservation or stay, and any Responsible Party against the Hotel and its related parties arising from or relating to the matters described in the preceding paragraph. The parties agree this is a reasonable pre-agreed estimate of recoverable loss for the categories of claims to which it applies and is not a penalty.
THE EXCLUSIVE-REMEDY PROVISION, THE COMPELLED AWARD CAP, AND THE HOTEL’S ELECTION OF LIQUIDATED DAMAGES IN THIS SECTION 11.2 APPLY TO ALL CLAIMS WITHIN THEIR SCOPE, EXPRESSLY INCLUDING CLAIMS ARISING IN WHOLE OR IN PART FROM THE HOTEL’S OWN NEGLIGENCE, WHETHER SOLE, JOINT, OR CONCURRENT, AND WHETHER ASSERTED IN CONTRACT, TORT, WARRANTY, OR OTHERWISE. THEY DO NOT APPLY TO LIABILITY ARISING FROM THE HOTEL’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR TO ANY LIABILITY THAT CANNOT LAWFULLY BE LIMITED.
Neither the Compelled Award Cap nor the Hotel’s Election of Liquidated Damages limits, reduces, waives, or releases any claim, right, or remedy of the Hotel against any Guest, Booking Party, room occupant, invitee, Responsible Party, or other person or entity for amounts owed to the Hotel under this Agreement.
11.3 Billing Error or Overcharge Claims
For any proven billing error or unauthorized overcharge caused by the Hotel, Guest’s exclusive monetary remedy is correction, reversal, or refund of the specific erroneous charge actually paid to the Hotel. No billing dispute entitles Guest to a refund, credit, or offset against unrelated valid charges.
11.4 Amounts Owed to Hotel Not Limited
This Section limits only claims against the Hotel. It does not limit, reduce, waive, discharge, or cap any amounts owed to the Hotel by any Guest, Booking Party, occupant, invitee, or Responsible Party.
12. NON-WAIVABLE RIGHTS PRESERVED
12.1 No Waiver of Non-Waivable Rights
Nothing in this Agreement waives or limits any right or remedy that cannot legally be waived or limited under applicable Texas or federal law, including mandatory and non-waivable statutory consumer-protection rights and remedies.
13. GENERAL PROVISIONS
13.1 Severability and Reformation
If any provision is held invalid or unenforceable, it shall be reformed and enforced to the maximum extent permitted, and the remainder shall continue in full force and effect.
13.2 Entire Agreement
This Agreement, together with the incorporated Fee Schedule and any reservation-specific written terms, constitutes the entire understanding regarding Your reservation, payment obligations, occupancy, and stay and supersedes prior communications on that subject.
13.3 Survival
Cancellation, modification, expiration, no-show, early departure, check-out, termination of occupancy, payment reversal, chargeback, or completion of the reservation or stay (each, a “Termination Event”) shall not affect any rights, remedies, obligations, limitations, authorizations, waivers, or liabilities that accrued before the Termination Event or that by their nature are intended to survive.
The preamble, all definitions, and all Sections of this Agreement (Sections 1 through 21), together with the incorporated Fee Schedule, shall survive every Termination Event in perpetuity to the maximum extent permitted by law, for the benefit of the Hotel and all of its related parties. This survival operates solely as a continuing protection for the Hotel and its related parties; it does not create, enlarge, revive, or impose any obligation, duty, warranty, or liability of the Hotel beyond that expressly stated, and does not extend, revive, or enlarge any claim of any Guest, occupant, invitee, or Responsible Party that is otherwise limited, capped, released, waived, or time-barred under this Agreement, including under the Contractual Limitation Period in Section 13.4. Section 12 survives as a savings provision to the extent required by applicable law and shall not be construed to limit any protection this Agreement affords the Hotel or its related parties.
13.4 Contractual Limitation Period
ANY CLAIM ARISING FROM OR RELATING TO THIS AGREEMENT, THE FEE SCHEDULE, YOUR RESERVATION, YOUR STAY, YOUR OCCUPANCY, YOUR PRESENCE ON THE PREMISES, OR ANY HOTEL SERVICES MUST BE INITIATED — WHETHER IN ARBITRATION OR IN ANY COURT PROCEEDING PERMITTED UNDER THIS AGREEMENT — NO LATER THAN TWO (2) YEARS AND ONE (1) DAY AFTER THE DATE THE CLAIM FIRST ACCRUED, OR IT WILL BE PERMANENTLY WAIVED AND FOREVER BARRED. IF A COURT OR ARBITRATOR DETERMINES THIS PERIOD IS UNENFORCEABLE AS TO ANY CLAIM, THAT CLAIM SHALL INSTEAD BE SUBJECT TO THE SHORTEST LIMITATION PERIOD ENFORCEABLE UNDER APPLICABLE LAW FOR THAT CLAIM, AND THIS SECTION SHALL REMAIN IN FULL FORCE AND EFFECT AS TO ALL OTHER CLAIMS.
THIS CONTRACTUAL LIMITATION PERIOD DOES NOT APPLY TO AMOUNTS OWED BY GUEST TO THE HOTEL, FOR WHICH THE HOTEL RETAINS THE BENEFIT OF THE FULL STATUTORY LIMITATION PERIOD UNDER APPLICABLE LAW.
13.5 Material Terms; Reasonable Reliance; Consideration
Each term, condition, limitation, waiver, authorization, disclaimer, release, and provision of this Agreement, together with the incorporated Fee Schedule, is a material term of — and part of the consideration and bargained-for exchange for — the Hotel’s agreement to accept Your reservation, permit access to the Premises, and furnish accommodations and services, and the Hotel accepts each reservation and permits each entry, occupancy, and accommodation in express reliance on all such terms and would not do so absent Your agreement to them.
This Agreement applies to every accommodation the Hotel furnishes and all Premises access it permits, regardless of the rate charged, if any, and no payment is required for it to be fully binding; Your booking, acceptance, occupancy, entry onto or remaining on the Premises, or use of any accommodation or Hotel service constitutes sufficient consideration and Your assent to this Agreement in its entirety. The Hotel’s permission for any Visitor to enter and remain on the Premises — which the Hotel may lawfully withhold or revoke — is itself sufficient consideration as to that Visitor. The materiality of these terms, and the Hotel’s reliance on them, survive in accordance with Section 13.3. Any reference to a particular term as “material” is for emphasis only and does not imply that any other term is not equally material.
14. HOUSE RULES; CONDUCT; WEAPONS
14.1 House Rules; Prohibited Conduct
You shall comply with all posted, published, or provided Hotel rules, including quiet hours, occupancy limits, sanitation standards, parking rules, conduct standards, safety rules, and prohibitions on parties, nuisance, harassment, threats, illegal activity, tampering with safety equipment, smoking/vaping violations, unauthorized pets, and commercial or unlawful use of the room. Violations may result in additional charges, refusal of service, immediate removal, and/or referral to law enforcement.
14.2 Weapons and Dangerous Items
Under Texas law, Guests may possess lawfully owned firearms within their guest room in strict compliance with all applicable federal, state, and local laws. Firearms and other weapons may not be openly carried, displayed, or brandished in lobbies, common areas, hallways, parking areas, or other shared Hotel spaces without prior written authorization from Hotel management.
Explosives, incendiary devices, and weapons prohibited under Texas Penal Code § 46.05 or any other applicable law are strictly prohibited on the Premises at all times. Guests who bring prohibited or unlawfully possessed weapons onto the Premises are subject to immediate termination of occupancy, removal, referral to law enforcement, and remain responsible for all resulting damages, fines, and penalties.
15. DAMAGE, LOSS & FEES
15.1 Damage, Loss & Fees
You remain responsible for the cost to repair or replace damaged property, missing items, nuisance-triggered emergency responses, pest treatment, odor remediation, excessive cleaning, biohazard cleanup, room recovery, out-of-service charges, and related losses. Applicable charges may include unauthorized late check-out charges, smoking/vaping/cannabis recovery fees, pet remediation charges, excessive cleaning fees, damage charges, missing-item charges, loss-of-use charges, and prohibited-item removal costs. The Hotel may charge such amounts to the Card on file. Specific fee amounts are stated in the Fee Schedule.
16. WI-FI / INTERNET USE
16.1 Acceptable Use; No Warranty
Internet access, if provided, is for lawful personal use only and is provided as-is without warranty. The Hotel may manage bandwidth, restrict content, suspend access, monitor for security, or terminate access for misuse, unlawful conduct, excessive bandwidth use, security concerns, or operational reasons.
17. FORCE MAJEURE; SERVICE INTERRUPTIONS
17.1 Events Beyond Control; Accommodations Remedy
The Hotel shall not be liable for failures, interruptions, cancellations, closures, delays, reduced services, denied access, or modified operations caused by events beyond its reasonable control, including utility outages, severe weather, public emergencies, governmental orders, disasters, supply or labor disruptions, strikes, security threats, public health events, third-party failures, or similar events. During such events, the Hotel may cancel, suspend, relocate, or modify reservations, accommodations, amenities, housekeeping, services, or operations without liability. If a force majeure event prevents occupancy of a reserved and prepaid room for one or more nights, the Hotel may, in its sole discretion and subject to availability, provide in full and final satisfaction of its obligations: (a) substitute accommodations at the Hotel if available; or (b) a credit toward a future stay equal to the prepaid affected nights (excluding taxes, fees, and ancillary charges), valid ninety (90) days from issuance, non-transferable, non-refundable, non-cashable, and subject to availability at redemption. No other refund, credit, or compensation is required except where mandated by applicable law.
18. SERIES-LIMITED LIABILITY; NO RECOURSE BEYOND PROTECTED SERIES
18.1 Limited Recourse
To the maximum extent permitted by law, any claim, right, remedy, and/or recovery relating to Your reservation, stay, occupancy, presence on the Premises, payment, removal, room entry, services, and/or this Agreement is limited exclusively to the assets of Emblaze Hotel as a protected series and shall not extend to the assets of any parent, other protected series, affiliate, member, manager, owner, officer, employee, or agent in their separate capacities.
19. CONFLICTS; ONLINE TERMS CONTROL; POSTED NOTICES
19.1 Online Terms Control
The terms published at https://emblazehotel.com/agreement are the definitive and controlling version of this Agreement. To the extent any invoice, folio, registration card, signage, printed material, employee statement, email, oral statement, or other communication conflicts with these online terms, these online terms control. For OTA reservations, the OTA terms presented at booking control as to OTA-specific cancellation, refund, payment, and modification terms. No employee, agent, vendor, or representative is authorized to waive, modify, or contradict this Agreement unless expressly authorized in writing by an officer of the Hotel.
19.2 Posted Notices; Key Holders; Printed Copies
The Hotel may provide notice of this Agreement and/or the Fee Schedule through registration cards, folios, invoices, booking confirmations, key holders, posted notices, in-room notices, visitor and guest sign-in sheets, website disclosures, QR codes, or other communications. Signing a registration card, folio, invoice, or visitor or guest sign-in sheet; use of a room key; acceptance of a key holder; entry into or continued occupancy of a guest room; entry onto or remaining on the Premises after notice of this Agreement; or use of Hotel accommodations after such notice constitutes acceptance of this Agreement. Printed copies are available at the front desk upon request.
20. GOVERNING LAW; VENUE FOR PERMITTED COURT PROCEEDINGS
20.1 Governing Law; Exclusive Venue; Waiver of Other Jurisdictions
This Agreement is governed by the laws of the State of Texas.
For any court action permitted under this Agreement — including actions to enter, confirm, vacate, modify, enforce, or collect an arbitration award, obtain injunctive relief, recover possession, address trespass or removal, or enforce a lien — the exclusive venue is in state or federal courts located in Live Oak County, Texas. The parties irrevocably consent to personal jurisdiction there and expressly waive any and all rights to: (a) challenge or contest venue in Live Oak County, Texas; (b) seek transfer, removal, or dismissal on the basis of improper or inconvenient venue; and (c) commence or maintain any court action in any other jurisdiction, county, state, or forum arising out of or relating to this Agreement or any stay at the Hotel. Notwithstanding the foregoing, the Hotel reserves the right to pursue enforcement, collection, lien enforcement, or any legal remedy in any jurisdiction where Guest or Guest’s assets may be found. The seat and location of arbitration are governed by Section 10.5.
21. ELECTRONIC SIGNATURES; UPDATES
21.1 Electronic Consent
Signatures, consents, acceptances, notices, clicks, assents, acknowledgments, and agreements may be provided electronically and have the same legal force and effect as originals.
21.2 Updates and Assent
The Hotel may update these terms prospectively by posting a revised version at https://emblazehotel.com/agreement. Your future booking, occupancy, entering a guest room, stay, extension, or use of Hotel services after posting constitutes acceptance of the updated Agreement. No update shall retroactively alter a dispute that arose before the effective date of the updated Agreement unless otherwise permitted by law and agreed by the parties.
— END OF AGREEMENT —
The controlling version of this Agreement is always available right here at: https://emblazehotel.com/agreement