Terms & Conditions

Effective:  October __, 2025

SITE USER AGREEMENT

By completing the electronic Guest Ready Review at ESA Management LLC’s managed hotel you agree to these Terms & Conditions (the “Terms”). If you are signing on behalf of an entity, you represent that you are authorized to bind that entity.

  1. Purpose

The Guest Ready Review records associate and vendor visits to a hotel and confirms either the site is guest-ready or vendor check-in and any site-specific conditions required for the visit.

  1. Information Collected

When you complete the Guest Ready Review we collect personal and visit information necessary to operate and secure the site, including: name, company, role, contact information (phone, email), date/time of arrival and departure, vehicle/license plate (if required), purpose of visit, on-site personnel you are meeting, and any health/safety attestations you submit.

  1. Attestation and Site-Readiness Confirmation

By checking in you attest that:

  • you are authorized to perform the work described in the Guest Ready Review;
  • the Guest Ready Review information you provide is true and complete;
  • you have reviewed and will comply with the site’s safety rules, access instructions and any posted or provided site-specific policies; and
  • your attestation confirms that, to the best of your knowledge, the site is guest ready for the purpose described.
  1. Safety and Compliance

You agree to comply with all applicable site safety directives and applicable law while on site. Management has the right to refuse or terminate access for failure to comply with safety rules.

  1. Use of Information / Purpose Limitation

Collected information will be used to:

  • confirm site readiness and manage access;
  • contact you regarding your visit or safety incidents;
  • comply with contractual, operational, insurance, regulatory, or law-enforcement requests; and
  • perform internal recordkeeping and incident investigation.
  1. Data Retention & Deletion

We retain visit records for a period reasonable and necessary for operational, safety, insurance and legal compliance purposes. If you are making a subject access request under a state privacy law, contact the address below.

  1. Security

We maintain commercially reasonable administrative, technical, and physical safeguards appropriate to the sensitivity of the data to protect against unauthorized access and disclosure.

  1. Sharing and Disclosure

We may share data with:

  • Our affiliates and site owners/operators;
  • Contracted service providers;
  • Parties involved in safety investigations or incident reporting; and
  • Law enforcement or other authorities pursuant to a subpoena, warrant, or other legal process as necessary to comply with law or to protect our rights and interests or the safety of you or others.
  1. Vendor Liability & Indemnity

Vendor is responsible for its personnel’s acts and omissions. Vendor will indemnify and hold the site operator harmless from claims resulting from Vendor’s breach of these Terms, negligence, willful misconduct, or failure to carry required insurance.

  1. Limitation of Liability

To the maximum extent permitted by law, the hotel’s liability arising from or related to the Guest Ready Review or site access is limited to direct damages and excludes consequential, punitive, and exemplary damages.

  1. 9. Governing Law & Jurisdiction

These terms shall be governed in all respects by the laws of the State of North Carolina without  giving effect to its conflicts of law provisions. Both parties submit to the personal jurisdiction of and venue in the state and federal courts in the State of North Carolina located in Charlotte, Mecklenburg County, North Carolina.  The parties further agree that any cause of action arising under these terms shall exclusively be brought in such courts. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. ESH’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.

  1. Changes to Terms

ESH may, at any time, in its sole discretion, modify, add, or remove all or portions of these terms and conditions without notice and, unless otherwise indicated, such changes will be effective immediately; therefore, please check these terms periodically for changes. Your continued use of this Site following any changes to these terms and conditions shall be deemed acceptance of any such changes. Please print and retain a copy of these terms and conditions for your records.