Elk Ridge 426
Terms & Conditions
This Rental Agreement and Contract (the Agreement) is a legally binding agreement made and entered into as of the Reservation Date written below by and between the undersigned person(s) or company (the Guest) and the undersigned owner, manager or agent (Rental Agent), pursuant to which the Guest has agreed to rent the residence described below (the Property), for the duration of the Rental Term for the Total Rental Fee and other good and valuable consideration as described herein.
Guest agrees that no more than 12 persons (15 by prior arrangement and subject to an additional charge) shall be permitted on the Property at any time during the Rental Term, all of whom shall comply with the conditions and restrictions imposed upon Guest under this Agreement.
CONDITION AND USE OF PROPERTY
The Property is provided in as is condition. Rental Agent shall use its best efforts to ensure the operation of all amenities in the Property, such as internet access, satellite or cable TV access or hot tubs, fireplaces as applicable. Rental Agent shall not be held responsible for such items failure to work, but will make every effort to correct any issues as reported as quickly as possible. Guest acknowledges that use of amenities such as hot tubs, pools, spas, fireplaces, decks, and the like may be potentially dangerous and involve potential risks if improperly used, particularly with regard to children and such use is at the Guests own risk.
Guest shall use the Property for residential purposes only and in a careful manner to prevent any damage or loss to the Property and keep the Property in clean and sanitary condition at all times. Guest and any additional permitted guests shall refrain from loud noise and shall not disturb, annoy, endanger, or inconvenience neighbors, nor shall Guest use the Property for any immoral, offensive or unlawful purposes, nor violate any law, association rules or ordinance, nor commit waste or nuisance on or about the Property.
If Guest should fail to comply with the conditions and obligations of this Agreement, Guest shall surrender the Property, remove all Guests property and belongings and leave the Property in good order and free of damage. No refund of any portion of the Total Rental Fee shall be made and if any legal action is necessary, the prevailing party shall be entitled to reimbursement from the other party for all costs incurred.
ASSIGNMENT OR SUBLEASE
Guest shall not assign or sublease the Property or permit the use of any portion of the Property by other persons who are not family members or guests of the Guest and included within the number of and as permitted occupants under this Agreement.
RISK OF LOSS AND INDEMNIFICATION
Guest agrees that all personal property, furnishings, personal affects and other items brought into the Property by Guest or their permitted guests and visitors shall be at the sole risk of Guest with regard to any theft, damage, destruction or other loss and Rental Agent shall not be responsible or liable for any reason whatsoever.
Guest hereby covenants and agrees to indemnify and hold harmless Rental Agent and their agents, owners, successors, employees and contractors from and against any costs, damages, liabilities, claims, legal fees and other actions for any damages, costs, attorneys fees incurred by Guest, permitted guests, visitors or agents, representatives or successors of Guest due to any claims relating to destruction of property or injury to persons or loss of life sustained by Guest or family and visitors of Guest in or about the Property and Guest expressly agrees to save and hold Rental Agent harmless in all such cases.
Guest hereby waives and releases any claims against Rental Agent, the Property owner and their successors, assigns, employees or representatives, officially or otherwise, for any injuries or death that may be sustained by Guest on or near or adjacent to the Property, including any common facilities, activities or amenities. Guest agrees to use any such facilities or amenities entirely at the Guests own initiative, risk and responsibility.
ENTRY AND INSPECTION
Rental Agent reserves the right to enter the Property at reasonable times and with reasonable advance notice for the purposes of inspecting the Property or showing the Property to prospective purchasers, renters or other authorized persons. If Rental Agent has a reasonable belief that there is imminent danger to any person or property, Rental Agent may enter the Property without advance notice.
UNAVAILABILITY OF PROPERTY
In the event the Property is not available for use during the Rental Term due to reasons, events or circumstances beyond the control of Rental Agent, Rental Agent will apply due diligence and good faith efforts to locate a replacement property that equals or exceeds the Property with respect to occupancy capacity, location and value that meets the reasonable satisfaction of the Guest. If such replacement property cannot be found and made available, Rental Agent shall immediately return all payments made by the Guest, whereupon this Agreement shall be terminated and Guest and Rental Agent shall have no further obligations or liabilities in any manner pertaining to this Agreement.
ADDITIONAL TERMS TO THE RENTAL AGREEMENT
In addition to the standard terms included herein, Guest acknowledges and agrees that the following additional terms and conditions apply to the Guests rental of the Property:
NO SHOES, BOOTS or SKI BOOTS PERMITTED IN THE UNIT
This property only sleeps 12 persons, but can accommodate up to 15 with prior agreement and subject to additional charge.
Please be respectful of others and do not disturb the neighbors peaceful enjoyment of their property.
We leave only enough supplies to get you started during your stay. Any extra supplies are the responsibility of the guest.
Please do not leave garage door open as this could lead to frozen or burst heating and water pipes.
Please do not re-arrange or move furniture. Do not attempt to rewire or change settings on TV/Audio equipment.
Daily cleaning services not provided. Mid-stay cleaning can be provided for an additional charge.
Check in 16.00 (4 PM) unless pre arranged and subject to availability, for an additional fee.
Check out 10:00 AM is to be strictly adhered to as we need time to prepare our home for our next guests. A late check out fee will be payable for any late check out. Keys must be returned to the lock box for check out. A $50 charge will be assessed per key that is not returned.
Any damages requiring repairs will be charged to the guest.
Any excessive dirtiness, carpet stains or missing linens, towels or other items from the unit will be charged to the guest.
Please load and run the dishwasher upon departure.
Please remove all trash/garbage upon departure.
Please switch all lights off, close all windows and external doors when leaving the property.
Please leave all remote controls in the original location.
No children under the age of 12 permitted in the hot tub at any time. When using the hot tub, remember there is a certain health risk associated with this facility. Use at your own risk. Our housekeepers drain, sanitize, refill and replenish chemicals in the tub prior to your arrival; therefore, it may not be warm until later that evening. Please be warned that decreased levels of water in the hot tub will result in damage to the hot tub heating element and pumps, avoid splashing and water loss, all damages will be charged to the guest. All garbage, drinks containers etc should not be left outside.
DO NOT STAND ON THE HOT TUB COVERS. Hot tub covers are for insulation purposes and are not designed to support a person or persons. They will break and you will be charged for replacement. Remember when not using the hot tub; leave the cover on so the hot tub will stay warm.
Cancellations are accepted 60 days or more prior to arrival. A 20% cancellation penalty will apply. Cancellations are not accepted and no refunds will be provided for cancellation requests within 60 days of the check-in date.
This Agreement contains the entire agreement between the parties with regard to the rental of the Property, and any changes, amendments or modifications hereof shall be void unless the same are in writing and signed by both the Guest and the Rental Agent. This Agreement shall be governed by the laws of the State of New York. The words Rental Agent and Guest shall include their respective heirs, successors, representatives. The waiver or failure to enforce any breach or provision of this Agreement shall not be considered a waver of that or any other provision in any subsequent breach thereof. If any provision herein is held invalid, the remainder of the Agreement shall not be affected. Any notice required to be given under this Agreement shall be in writing and sent to the contact information included herein. This Agreement may be signed in one or more counterparts, each of which is an original, but taken together constitute one in the same instrument. Execution of a digital signature shall be deemed a valid signature.
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