This Rental Agreement and Contract (the “Agreement”) is a legally binding agreement made and entered into as of the Date the Reservation was made by and between the undersigned person(s) or company (the “Guest”) and Rockport Springs, LLC or its 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.
OCCUPANCY
Guest agrees that no more than the maximum number of guests shown on the unit detail of our reservation system [Max Guests] persons 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 Guest’s 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, Rules of The Ranch or ordinance, nor commit waste or nuisance on or about the Property.
CHARGES TO CREDIT CARD
Guest authorizes Rockport Springs, LLC, doing business as The Ranch at Wimberley to charge your credit card for reservation costs, additional costs incurred by Guest, and for missing and damaged items in your unit. All units are non-smoking. A remediation charge of $250 will be charged if smoking occurs in your unit. Guest shall clean dishes, appliances, and cookware before checkout, or a fee of $50 may be charged. Guest shall be charged $50.00 per pet for unauthorized pets, and is subject to immediate eviction and loss of rents paid for unauthorized pets Be sure you rent one of “Pet Friendly” units if you have a pet. You may be required to sign a “Pet Policy” agreement. The guest who makes the reservation shall be the sole representative for resolution of all fees, issues, disputes, and billing.
DEFAULT
If Guest should fail to comply with the conditions and obligations of this Agreement, Guest shall surrender the Property, remove all Guest’s 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 assumes all liability and risks relating to ATVs, Golf Carts, bikes, hiking, and entry to natural and other areas of the Ranch property.
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.
CANCELLATION
Non- Holidays: Outside 14 days-full refund. No refund inside 14 days-no refund. For holidays: Outside 30 days-full refund, inside 30 days-no refund. Cancellations shall be effective upon our acknowledgement reply to your email to info.wimranch@gmail.com. Holidays include New Year’s Day, Valentine's Day, Easter, Memorial Day, 4th of July, Labor Day, Halloween, Thanksgiving and Christmas.
RELEASE
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 Guest’s own initiative, risk and responsibility. Guest grants permission the property owner to reproduce (digitally or by any other method) copyrighted and non-copyrighted photos and videos taken by Guest or Guest’s Agent on the property or provided to the owner, staff, or manager.
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 Guest’s rental of the Property:
GENERAL PROVISIONS
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 Texas, and further agrees and consents that venue of any action brought hereunder shall be exclusively in the County of Hays, Texas. 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 waiver 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 shall be effective at the time a reservation is made, and shall be in full force and effect for additional or future rentals by Guest. Revised September 9, 2016
