5. Terms & Conditions
<h3>Terms and Conditions:</h3>
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Terms and Conditions This Rental Agreement (“Agreement”) is made by and between Cfry Enterprises, LLC dba Vacation Rental Assistance (“VRA”) and the signing guest (“Guest”). Guest and VRA may be referred to individually as a “party” or collectively as the “parties”. The parties hereby as follows: Itinerary: Guest signing this Agreement is a requirement of renting that certain real property (the “Property”) specified in trip Itinerary, which is incorporated herein by this reference. This Agreement shall be read in conjunction with the Itinerary. Capitalized terms not defined herein shall have the meaning subscribed to them in the Itinerary. Term: The Term shall commence on the Check-in Date, and shall terminate on the Check-out Date specified in trip Itinerary. Guest agrees to abide by all terms of this Agreement, as well as all check-in and check-out instructions and rules and responsibilities that may be posted at the Property or provided to Guest from time to time. Check-in Time: See listing Do not arrive at your rental early. Prior to arrival, VRA will send Guest instructions regarding access to the Property. Access codes WILL NOT be issued with a balance owing or without a signed Rental Agreement. Upon entering Property, Guest agrees to follow all check-in procedures provided by VRA, to examine the condition of Property, and to immediately notify VRA in writing if the Property or any of its contents are not in operating condition or are in disrepair. Check-out Time: See listing Each Property has a posted check-out procedure. Guest agrees to read and follow the check-out directions prior to departure. A $100.00 per item fee will be charged for each lost key, garage door opener, or parking pass. Early Check-In or Late Check-Out Requests Requests for early check-in or a late checkout may be granted at VRA’s sole and exclusive discretion. All requests must be made at least 24-hours prior to the change in arrival or departure time. Extra fees will apply. For early arrivals or late checkouts without prior written approval, Guest will pay $125, plus $125 / hour for each hour (or portion thereof) before the check-in or after the checkout time, and more than two (2) hours will result in an extra day’s rent charged, plus additional remedies, charges, and damages. Hold Over Guest shall not “hold over” or occupy the Property beyond the approved checkout time without the express prior written consent of VRA. Guest agrees that any unauthorized hold over could cause VRA to breach other rental agreements; incur loss of rental income; damage VRA’s goodwill and reputation; cost significant guest relocation sums; and/or interfere with critical services, improvements, or repairs. Guest acknowledges that all costs incurred due to a Hold Over will be charged to the Guest and may constitute intentional / tortious conduct giving rise to claims for punitive damages. Property Rules: ● Guest must be a minimum of 25 years of age and persons under the age of 25 must be accompanied by adult guardian or parent at all times while at the Property ● Guest must be present at all times during the Term. Other occupants, subject to the maximum number of occupants, may be family members, friends, responsible adults, or children under direct adult supervision. Use of the Property by any other persons will be denied and they will have to vacate without a refund. ● Maximum occupancy, as stated in the Property listing, shall not be exceeded. ● Approved parking must be followed at all times. Never park on any street including in front of the vacation rental or any neighbors’ property. Only park on paved driveways or in the garage. See Property listing for approved parking spots and locations. ● Pets are not permitted on the Property, unless expressly approved by VRA ● There is NO INDOOR SMOKING. Any outdoor smoking MUST be done respectfully, no ashing on Property. Place ash and butts in designated disposal. ● Guest is to be mindful of all FIRE HAZARDS. No dispersing of cigarette ash / butts, or burning candles, charcoal, starting fires, or igniting any other open flame. ● Guest must observe the quiet hours mentioned in the listing (no noise outside the home during these times) and keep voices to a reasonable level at all hours. Be aware open windows mean inside noise will carry. ● Where hot tubs are available, Guest shall not use or operate any outdoor hot tub between the hours of 10:00 p.m. and 8:00 a.m. ● Any complaints from neighbors regarding excessive noise or other nuisances may be cause for immediate termination of the Rental Agreement and forfeiture of the Guest’s security deposit and rents. Loud or unruly behavior is restricted by local ordinance. This property may not be used for parties, weddings, or receptions. ● Do not camp or sleep outside. ● Temporary structures, including tents and inflatable objects, are prohibited. ● Do not leave exterior lights on while not using. ● Where present, put trash in the bear proof container(s) the night before trash day. Do not leave trash outside (except in the bear box) at any time. Guest will incur additional charges if the Property owner is cited or given a violation for garbage, trash, or refuse not properly stored outside or strewn about the Property by wildlife. ● Where pool / spa is available, please leave cover on pool / spa when not in use and always shower before entering pool / spa. ● If any damage, issue, or concern is observed during stay, you hereby agree to notify the VRA immediately. ● Make sure all doors & windows are locked upon check-out and thermostats left on at 55 degrees during cold months (October to April). ● Remove shoes when entering the home. ● Guest shall fully comply with all local, state, and federal laws while staying at the Property, including, without limitation, all association rules and city and county ordinances. Guest acknowledges that it is Guest’s responsibility to know, understand, and abide by all such laws and regulations. Reservation Confirmation and Payment Schedule: See listing for details. In some cases a deposit is due upon reservation. Once the reservation is “confirmed”, VRA is holding the requested date range for your party and is awaiting payment for the remainder of the balance owed. The remaining balance is due per the teams in the reservation. If no other arrangements are made by Guest before the scheduled payment date, VRA will automatically charge the credit card on file. If payment cannot be processed, VRA will send a reminder to the email on file and attempt to place a follow-up phone call in the event email goes undeliverable. If payment in full is not received by VRA within 5 days after the payment due date without any communication, payment, or cancellation from Guest, the reservation may be subject to cancellation without any refund of the deposit paid. Forgotten, Lost, or Stolen Items: VRA shall not be responsible or liable under any circumstances for Guest valuables or belongings. VRA will undertake reasonable efforts to return any found items at Guest’s request and cost. VRA shall not be responsible for any loss of, or damage to, any such items (in whole or in part), and this shall apply without limitation, to VRA’s efforts in locating, holding, or returning any such items. Cleaning: Guest will leave Property in good condition, including, but not limited to: Cleaning cookware and dishes used; Cleaning and removing all dog droppings (if dog approved); Putting all trash inside and outside of the home in the provided garbage container (or garage if full, or left inside if no garage and bear box full); Moving all used towels to a bathroom; and Leaving all sheets and comforters on beds. Guest’s cleaning fee provides for standard turnover cleaning. The Property will be cleaned before Guest’s arrival, and after departure. If additional, non-typical cleaning (including but not limited to deep cleaning, removing excessive pet hair, and removal and disposal of excessive trash) is required after Guest’s stay, Guest will be charged for the extra time and costs at a rate of $75.00 per hour. If third-party providers (including but not limited to carpet cleaning and upholstery cleaning) are needed after Guest’s stay, Guest shall be billed for third-party’s time at cost plus 30% markup for VRA’s time to organize these services. Hot Tub / Pool Use: When a pool and / or hot tub is available for use at a Property, special instructions for safety and maintenance apply, and failure to abide by these rules may result in additional charges. Guest agrees to use the pool / hot tub in accordance with posted rules, and to follow all provided maintenance guidelines. No hot tub use is allowed between 10PM and 8AM. Always shower before and after use of hot tub. Children should always be accompanied by an adult at all times. Pool and spa covers should always be secured in place when pool and spa is not in use. If Guest is unsure or uncomfortable operating these amenities, they should contact VRA immediately to assist. Guest hereby acknowledges that if the Property they have reserved includes a pool, spa, hot tub and / or indoor Jacuzzi tub (hereinafter, a “hot tub”), the undersigned is fully aware that the hot tub and surrounding patio/deck can be dangerous; that the deck/patio can be slippery when wet and that injury is possible irrespective of exercise of care. Guest assumes all risks related to the use of any hot tub, including any illness, injury, and/ or death. Such amenities are not recommended for use by children, women who may be pregnant, and persons under any type of medication, drugs and/ or alcohol. With full knowledge of the above facts and warnings, Guest accepts and assumes all risks involved in or related to the use of the hot tub and deck/patio areas. Hot tubs may be temporarily unusable during Guest’s stay due to normal maintenance procedures required to keep them clean and sanitized. On extended stays of 6 nights or more, service personnel may visit Property to do a mid-stay treatment in which water chemicals are re-balanced, filter is cleaned, and hot tub is checked to be safe and functional. Guest does not need to be present and should expect this visit, in which staff may have to enter the home to access the hot tub or complete the service. If a hot tub is improperly used, it must be drained and refilled, and extra maintenance costs will be charged to the Guest at $100/hour. Compliance, Noise Monitoring, and Cameras: Guest is expected to be mindful of neighbors and community. Guest agrees to be respectful of quiet hours, wildlife, and neighbors. It is paramount to VRA that the Property is well cared for, as is the neighborhood. There is zero tolerance for ordinance violations, loud parties, noise complaints, etc. A compliance service may visit the first night of the reservation and interact with guests and discuss ordinance, and also interact if any violation is observed during a drive by any time during reservation. Noise monitoring systems may be in place to monitor decimal level of Property. See Noiseaware.com for an example of and more information on the types of devices used. When noise is in excess of a reasonable level, you may be contacted and / or visited. A recurring noise issue may result in eviction. Cameras may be installed on the exterior of Property to monitor exterior activity and parking, occupancy, trash and noise compliance. No cameras will be inside Property at any time. Pets: If dogs are allowed, you must receive pre-approval in writing from VRA and pay an extra pet fee prior to your arrival. Bringing a dog without pre-approval will result in a $1,000 charge. If dogs are not allowed at this Property and you bring a dog, a $2,000 charge will be assessed, and this Agreement will be terminated immediately. Dogs are not allowed on furniture or beds. There will be an extra charge for hair found on bed linens or on furniture, $65 minimum, $65/hour to clean. Dogs are not to be left alone inside or outside the home unless they are crate trained and in a crate. If you plan to leave the Property without your dog in a crate, and cannot take your dog with you, you will need to make arrangements to have someone stay at the Property with your dog or board the dog at a kennel. Leaving a dog at the Property unattended or not in a crate, will result in a charge of $1,000. Guest is responsible for all damages and lost rent as a result of any dog at the Property during the Term. Guest must pick up all droppings before departure. Failure to do so will result in a $100 clean-up fee. Dogs must be potty trained to go outdoors. Dogs that are aggressive or may have a propensity for violence are not permitted on the Property. No other animals of any type are ever allowed in the home or on the Property, including, but not limited to, cats, birds, snakes, fish, chinchillas, or any other type of animal. Bringing any animal other than a pre-approved dog will result in a $2,000 fee and eviction if the animal is not immediately removed. Service Animals: Service animals are welcome at all homes per local, state, and Federal law. Please notify VRA if bringing a service animal to ensure above mentioned penalties are not assigned. Pet Allergies: Although some Properties are not pet friendly, service animals may have been at Property and VRA is not responsible for sharing this information, and is not responsible for allergy issues due to animals having been in the Property. Guest agrees that they are aware of this possibility, assume the risk, and are responsible for taking proactive measures for their own wellbeing. Amenities: Linens, bath towels, kitchen towels, and starter supplies (mentioned in the listing) are provided. Guest will notify VRA immediately if any amenities are not available, inoperable, or become inoperable. Internet access is password protected and password is provided in check-in information. Pay per View TV is not permitted. Please note, on occasion prior guests may have left partial containers of condiments, spices, etc. VRA assumes no responsibility for the quality or contents of any food products left on the Property, and Guest’s use or consumption of these shall be at Guest’s own risk. Guest understands the Property may not have all items Guest is accustomed to having in its own home. Any specialty or particular items Guest is accustomed to using should be brought by Guest or purchased locally. Confirm any amenities in question with VRA prior to arrival. Guest shall be responsible for the actual cost to replace any amenities missing after check-out. VRA may provide items for Guest’s use while enjoying the property including but not limited to binoculars, pool table and equipment, games, bicycles, kayaks, canoes, paddle boats, paddle boards, or beach towels. If items are broken, lost or stolen during Guest’s stay, Guest will be held responsible for repair or replacement costs. If additional items are provided at the Property, Guest agrees to use all such items in accordance with all rules and regulations, to independently obtain / bring any safety equipment that is necessary, warranted or appropriate, and that Guest uses these items at their own risk. BBQ Grills and Fires: Barbeque grills are not available at all Properties. If propane barbecues are supplied, VRA provides one (1) or more tanks of propane. It is Guest’s responsibility to provide firewood if needed for indoor wood burning fireplaces during their stay. Guest may request VRA to obtain wood and agrees to pay an extra fee for the wood and service. Charcoal BBQs are not allowed. Any fire, smoke, or other damage shall be Guest’s responsibility. IMPORTANT: OPEN FLAME FIRES, ASIDE FOR PROPANE BBQ GRILLS, ARE PROHIBITED. ALL OPEN FLAMES ARE PROHIBITED DURING RED FLAG WARNINGS, INCLUDING, BUT NOT LIMITED TO, PROPANE BBQ’S. SEE THE NATIONAL WEATHER SERVICE’S WEBSITE FOR UP-TO-DATE INFORMATION ON RED FLAG WARNINGS. Reservation Cancellation and Refund Policy: Guest may cancel this Agreement by providing notice of cancellation to VRA by email or the listing site’s messenger. Refunds of rent, taxes, cleaning, and other fees are dependent on when the notice of cancellation is provided by Guest. Cancellations will be processed based on when they occur and the listing’s cancellation policy. Any cancellation within outside of any free cancellation period will result in entire forfeiture of rental monies. Nights are calculated from scheduled check in time in itinerary. Certain blackout dates may apply in which Guest waives their right to the cancellation policy. Guest will be made aware and agree to such periods at time of reservation request. Guest may also waive their right to the cancellation policy for a discount, if offered by VRA. The discount amount and Guest’s cancellation waiver will be agreed upon at time of reservation request. Certain restrictions apply to reservations made on third-party websites. In some cases, VRA will not have the ability or authority to issue refunds and Guest will have to contact the third-party directly. Service fees or booking fees charged to the Guest by a listing site are only refundable by the listing site and VRA will not refund those fees. VRA Cancellation: VRA may cancel this Agreement at any time if the Guest does not meet the age requirements; payment is not made per the payment schedule; or if VRA believes the Guest is planning on hosting a party or the Guest may violate any of the other listed Property rules or local, state, or Federal laws. Unavailability: Guest acknowledges that any number of events may preclude VRA from delivering possession of the Property to Guest, including, without limitation, sale, foreclosure, fire, pandemics and national health emergencies, mandatory evacuation, acts of nature, construction delays, enactment or enforcement of restrictions on short-term or vacation rentals, governmental action, actions taken by HOAs or similar associations, or any other similar circumstances, and Guest assumes the risks of unavailability. If VRA is unable to deliver possession of the Property at the start of the Term, this Agreement shall not be void or voidable by Guest or VRA, but Guest shall not be liable for any rent until possession is delivered. VRA will engage in reasonable efforts to find comparable accommodations if unable to deliver possession, but in the event VRA is unable to deliver possession of the Property, or is precluded from doing so for any reason, VRA shall not be liable for any costs, expenses, or damages of any kind incurred by Guest. Guest may terminate this Agreement if possession is not delivered within 24 hours of the scheduled check-in. In such an event, Guest agrees that VRA’s sole liability shall be limited to a refund of all payments previously made to VRA. Guest expressly acknowledges that in no event shall VRA be liable for any consequential or secondary damages, including but not limited to, relocation or additional travel expenses, or any other loss. Travel Insurance: VRA strongly advises that Guest purchase travel insurance as it may cover certain losses due to weather, natural disaster or acts of God. Bears, Bugs, and Pests: The ares may be home to wildlife that can cause disturbances to visitors and locals alike including: bears, bees, ants, mosquitoes, woodpeckers, mice, bats, coyotes, raccoons, mountain lions, and others. While VRA makes an effort to minimize inconveniences caused by wildlife it is also the responsibility of Guest to keep food put away, outdoor areas clear of food, windows and doors closed to keep them out. VRA will not relocate Guest or issue refunds due to insects or wildlife sightings. Should a pest problem arise, no refunds will be given until an adequate opportunity to resolve the problem has occurred. Acts of God and Trip Disruption: Neither owner nor VRA shall be liable for events beyond their control which may interfere with Guest’s occupancy of the property such as weather, other acts of God, & acts of governmental agencies, fires, strikes, war, terrorists strikes or inclement weather. Mountain roads can be curvy & steep and Guest is encouraged to prepare for conditions with the proper vehicles and other appropriate measures. VRA will not be responsible or liable for any interruptions or irregularities in electric service, inaccessibility of home, or any issues related to weather conditions. No refunds shall be given for any such occurrences. High speed internet is not always reliable in the area. Construction: VRA is not responsible for the impacts of any event that may occur at a neighboring property, road, highway, business, or otherwise close by that may adversely affect Guest’s peaceful enjoyment of the Property. This includes, but is not limited to, nearby building or road construction, concerts, events, or the actions of others beyond VRA’s control. VRA may elect, at VRA’s sole discretion, to move Guest to an alternative property, however no refunds will be given for construction or other nuisances. If known at the time of booking, VRA will disclose to Guest the presence of such activities and the potential impact they may have on the Guest’s stay. Summer Advisory: If forest firers are a threat in the area, they may result in travel restrictions, burn restrictions (restricting the use of outdoor fire pits and certain BBQs), business closures, power outages, and other service disruptions. Controlled or natural fires can create smoke and in extreme cases require evacuation. Some homes have air conditioning; most DO NOT. Air conditioning is not warrantied and will not be cause for a refund if in the event of failure in any case. Winter Advisory: If the region is subject to extreme weather conditions. Harsh winter storms are common and may result in difficult if not impossible travel, business closures, power outages, and other service disruptions. Four-wheel drive vehicles and/or chains are often necessary. HOAs/Clubs: VRA does not warrant amenities provided through Home Owner Associations/Clubs, including but not limited to pools, hot tubs, club houses, tennis courts, golf facilities, and picnic or beach facilities. Certain HOA organizations charge for accessing their facilities, either in advance or at the point of access. In the event of the limitation or revocation of such amenities, VRA will attempt to move guest to an alternative property of comparable value, or offer Guest a partial refund. Full refunds will not be given for issues/conflicts that arise as a result of HOA amenities. Sale Contingency: VRA generally avoids placing rentals in properties that are for sale but certain circumstances are worthy of exclusion. Should the Property be sold, VRA reserves the right to provide Guest with a comparable Property at no additional cost. Showings during occupancy are by appointment only at the Guest’s approval. Mechanical failure and Repairs: Service teams do routine inspections of the property to ensure all appliances & amenities are functioning properly. In the event of mechanical failures such as, but not limited to, Hot Tub, AC/Heat, Well Pump, Refrigerator or any other appliance that fails to operate properly during the Term, VRA will not be held responsible. These failures are beyond VRA’s control & refund or rent reduction may not be given. Refunds and / or rent reductions will be considered on a case-by-case basis and will not exceed 50% per nightly rent with a maximum of $200 per night. Please report inoperative equipment to VRA and every effort will be made to have repairs done as quickly as possible during reasonable hours. Guest understands & agrees that VRA reserves the right to enter the Property at any time with or without prior notice for the purpose of making needed repairs. Should repair personnel be called out to a unit and discover the equipment is in working order or the problem was due to Guest’s oversight or neglect, Guest shall be responsible for the service charge. Guest shall pay for all damage resulting from a failure to report a problem, malfunction, or other issue in a timely manner. VRA will diligently attempt to address maintenance issues as they occur. There are maintenance risks in renting a single-family residence or condo. If a maintenance issue occurs that cannot be fixed in a reasonable amount of time and significantly affects the Guest’s stay, as determined in VRA’s discretion VRA may relocate Guests to another Property. Damage to or Loss to Listing Property by Guests: Guest shall be financially responsible for any damage caused to the Property, or resulting from Guest’s negligence or any breaches of this Agreement, and shall be responsible for any repair or replacement costs. This shall include, without limitation, any damage to landscaping, structure, walls, furniture, appliances, cabinets, surfaces, floors, sheets, towels, bedding, items provided for Guest’s use, and misuse of appliances, equipment, and furnishings. Guest shall be responsible for any items that are missing, lost or stolen from Property during Guest’s stay, and shall be responsible for any plumbing stoppages or blockages, unless caused by defective plumbing parts or fixtures, or invading tree roots. Damage protection and security deposit is required with booking reservations fees. Accidental Minor Damage Protection Plan: VRA’s Accidental Minor Damage Protection Plan (AMDPP) is a value add for guests, VRA, and home owners and is required for all reservations hosted by VRA. Minor accidents happen, and the AMDPP is in place to rectify these issues as easily and quickly as possible for all parties’ sake. The AMDPP can resolve many Guest-related matters that might otherwise result in extensive communications and disputes. Scope of Repairs: The AMDPP will cover accidental Guest damage with a fair market repair value of up to one thousand five hundred dollars ($1,500.00). This includes stained towels and linens; isolated-spot carpet stains; broken kitchen inventory or decorative pieces; wall marks and dents; touch up painting; damaged wall fixtures including window shades and blinds; gaming accessories (pool cues, triangle, paddles, etc.); lost keys and re-keying the house; furniture repair; minor floor damage not deemed wear and tear (minor scratches); and missing or broken sports equipment. The AMDPP does NOT APPLY to the following: The AMDPP does not cover repairs or replacements with a fair market repair value above $1,500.00; general wear and tear; damage caused by negligence, abuse and/or failing to comply with Property rules and rental agreement; excessive cleaning and service fees; damage related to smoking or drug use; damage caused under the influence of drugs and alcohol; damage incurred by vehicle, theft, vandalism, or illegal activity; exterior landscaping; animal damage; or acts of God (hail, trees, wind, etc.). Issues that do not fall within the scope of the AMDPP will be paid for by, and is the responsibility of, the Guest(s) or Property owner. Protocol: Guests or service staff, including VRA staff, can all observe and report issues for attention. Matters found within the AMDPP scope identified above will be tended to and rectified as quickly as possible by VRA directly or through third-party vendor(s). Terms, Exclusions, and Expectations: Guests must report damage and issues within one (1) day of checkout. Determining whether an issue falls within the scope of the AMDPP, and determining how the issue will be managed or compensated will be determined in the sole and exclusive discretion of VRA. All AMDPP payments from Guest are NON-REFUNDABLE. In other words, regardless of how much AMDPP work or compensation is provided, if any, home owners or Guest are not eligible for any money and/or credits from this fund of any kind. Security Deposit: The Property may require a security deposit be held by VRA. The amount to be held will be listed at purchase checkout and will be obtained with the credit card on file prior to arrival. The security deposit is released within 7 days of departure after confirmation the Property was left in acceptable condition and all procedures were followed as mentioned in this Agreement. On occasion, some financial institutions may delay the refunding of such deposits by a few days as part of their processing. We reserve the right to hold the deposit longer if rectifying Guest issues requires more time. Access and Inspection: VRA and affiliates shall have the right to enter the Property at any time (i) to verify and/or enforce the terms of this Agreement; (ii) in case of emergency; (iii) to exhibit the Property to prospective or actual purchasers, renters, workman, repairmen, guests, or contractors; or (iv) when Guest has abandoned or surrendered the Property. While VRA will engage in reasonable efforts to notify Guest beforehand, no prior notice shall be required and Guest’s non-permission shall not preclude entry. Breaches / Violations by Guest: As determined in VRA’s sole and exclusive discretion, VRA may terminate this Agreement and Guest will be required to immediately vacate the Property, forfeit all monies paid, and pay a fee of three (3) times the amount of the rental fee or two thousand five hundred dollars ($2,500), which ever amount is greater, with said fee immediately charged to Guest’s credit card or echeck, if any of the following occur: (i) any house parties or excessive noise emanating from the Property; (ii) any violations of the occupancy limits and parking restrictions; (iii) any use of the Property for any illegal activity, or in violation of any local, state, or federal, laws, including but not limited to, the possession, serving, or consumption of alcoholic beverages by or to persons less than 21 years of age; (iv) any use of the Property in violation of any rules or regulations of any applicable HOA or similar association; (v) any conduct or disturbances resulting in law enforcement being called or notified; (vi) damage to the Property or to any neighboring properties; (vii) any fighting, domestic abuse, excessive speeding on roads or waterways, or discharging of firearms, pellet or BB guns, or fireworks; or (viii) any disruptive behavior or other acts which interfere with neighbors’ right to quiet enjoyment of their properties (occupancy and use of the Property shall not disturb or offend neighbors or residents). Release: Guest understands and agrees the area may be inherently a hazardous location with immense snowfall, wildfires, inclement weather, hurricanes, and more, that there are inherent risks to visiting and staying at the Property, that there are inherent risks in using amenities at the Property. VRA does not assume any liability for loss, damage or injury to Guest, third party persons, or their personal Property, nor does VRA assume any liability for any inconveniences arising from any defects or stoppage in supply of water, gas, electricity or plumbing. Guests hereby releases and hold the owner(s) and VRA harmless for any damages or claims of any kind resulting from Guest’s stay, including, but not limited to, the use of the Property, hot tub, or Property amenities, excluding intentional acts of harm or negligence. Guest, for himself/herself, his/her heirs, assignors, executors and administrators, hereby agrees to indemnify, defend, and hold harmless VRA and the Property owner from any and all penalties, violations, citations, claims, damages, demands, causes of action, suits, obligations, expenses, and liabilities which arise out of, relate to, or are in any way connected with Guest’s occupancy of the Property, any unauthorized hold over by Guest, any injury of Guest, or any violation of this Agreement by Guest. Citations Issues to Guest, Owner, or VRA: Guest agrees to pay any and all fees due to the City, County, and Home Owners Association for any citation issued to Guest, guests of Guest, VRA, or the Property owner(s) as a result of the actions of Guest or the guests of Guest. The city, town, county, or HOA may issue citations that can exceed $1,000 per day of violation. Breaches by Guest Preventing Future Rental: Breaches that impact future rentals include, but are not limited to, Property damages, and Property citations issued by City, County, and Home Owner Associations. Guest agrees to be liable for consequential damages for up to 12 months of lost rental income if damage or citation(s) results in the revocation of the Property’s vacation rental permit issued by the City / Town, County, or Home Owner’s Association. Guest Guests and Visitors: All obligations applicable to Guest hereunder shall apply equally and individually to each co-guest, including, but not limited to, any guests, invitees, or visitors of Guest, whether or not such persons are authorized to be present on the Property. Guest and each co-guest shall be jointly and severally liable for any breaches of this Agreement and any and all resulting damages or losses. Additional Terms: 1. Mediation: Guest and VRA agree to mediate any dispute or claim arising between them out of this Agreement before resorting to court action. The mediation shall take place in El Dorado County before a “neutral” Mediator of VRA’s choice. Mediation costs / fees shall be divided equally among the parties. If, for any dispute or claim to which this paragraph applies, any party commences an action without first attempting to resolve the matter through mediation, or refuses to mediate after a request has been made, that party shall not be entitled to recover attorneys’ fees, even if they would otherwise be available to that party in any such action. Notwithstanding the foregoing, a party may initiate legal action without participating in mediation (and may recover attorneys’ fees incurred in the litigation if it is the prevailing party) to the extent it seeks immediate injunctive relief in good faith. Notwithstanding any provision herein to the contrary, VRA (or the property owner) may commence any action in the event of any wrongful possession or holdover by Guest. 2. Attorneys’ Fees: In any action or proceeding between Guest and VRA arising out of or related to this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees and costs, subject to the mediation provisions set forth herein. 3. Governing Law: This Agreement shall be governed under the laws of the State of California (without regard to its conflict of laws provisions), and the exclusive forum and venue for any disputes arising hereunder or relating hereto shall be El Dorado County, California. 4. Successors and Assigns: This Agreement shall be binding upon Guest, and Guest’s successors, heirs, and assigns. 5. Integrated Agreement: This Agreement contains the entire agreement between the parties and supersedes any and all previous agreements between the parties. 6. Assignment: VRA shall have the right to assign this Agreement upon providing notice to Guest thereof (notice by email shall be sufficient). 7. Invalidity: In the event that any provision of this Agreement is held to be ineffective or invalid, the remaining provisions will nevertheless be given full force and effect. 8. Headings: All headings and subheadings in this Agreement are for convenience only and shall not affect the meaning of any provision hereof. 9. Electronic Signature: This Agreement may be executed electronically via DocuSign® and other similar online and/or electronic signatures shall be given the same legal effect as if an original. In addition, this executed Agreement may be transmitted by facsimile (fax), scan copy, PDF image, or electronic message (e-mail) and the signatures hereto shall be given the same legal effect as if an original. 10. Subletting: Guest may not assign this Agreement or sublet the Property or any portion thereof without prior written consent of VRA. Representations: I confirm it is my responsibility to read all terms herein. All guests of the signing Guest expressly assume the risk of any harm arising from their use of the Property or others whom they invite to use the Property. By signing this Agreement, Guest agrees to the terms and conditions stated on all pages of this Rental Agreement, Guest agrees that all payments to VRA are non-refundable, and Guest understands their rights to purchase vacation travel insurance on my own accord. Authorization to Charge Credit Card: Guest hereby authorizes VRA to charge Guest’s credit card for rental expenses incurred, balances that are due or may become due, and to pay for losses, damage, excessive cleaning expense, Damage Protection, Early Check-In and Late Check-Out Fees, and additional costs, fees, or expenses that may be charged to Guest under the Rental Agreement.
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