VACATION LODGING RENTAL AGREEMENT
This agreement (Agreement), is made on the date listed above, by and between the RENTER and PROPERTY MANAGER, listed above. FOR AND IN CONSIDERATION of the mutual terms contained herein, and other good and valuable consideration, the sufficiency of which is hereby acknowledged. Parties hereby agree to the following terms:
1.PREMISES: Subject to the following terms and conditions, RENTER hereby engages and agrees with PROPERTY MANAGER, and PROPERTY MANAGER hereby agrees to rent to RENTER the exclusive use of the above listed property. Specifically omitting, PROPERTY MANAGERS’ locked – off areas, labeled, Private.
2. TERM: The length of this Agreement shall be commencing on the Arrival Date at CHECK IN, which shall be 4:00 PM; and; expiring on the Departure Date CHECK OUT, which shall be 10:00 AM. RENTER agrees that early CHECK IN times are allowed only when property is cleaned and ready for occupancy, and approved by the Property Manager. Property will not be issued until Rental is fully paid or without a fully executed counterpart of this Agreement. RENTER acknowledges that PROPERTY MANAGERS’ prior approval is needed for late CHECK OUT. At CHECK OUT, RENTER shall leave remote controls, keys and the clubhouse keycard (if any) inside the PROPERTY. $50 replacement fee will be incurred and charged for each lost or damaged remote control, property & complex keys.
3. RENTAL: The rental rate is agreed as listed above and must be paid in full 45 days prior to CHECK IN. Full payment is payable as follows: NO confirmations will be issued to RENTER until the Security Deposit and Initial room deposit is paid in full and successfully clears PROPERTY MANAGERS’ bank account.
4. RENTER'S ACKNOWLEDGEMENTS:RENTER acknowledges and agrees as follows: A. RENTER INFORMATION AND OCCUPANCY LIMITS:1. RENTER must be 18 years old or older and must furnish proof of age upon request by PROPERTY MANAGER. 2. Occupants for the Term will include RENTER and other adult occupants. Keys and combinations will only be issued to RENTER or authorized persons. B. EXCLUDED CLOSET: Use or access the Excluded Closet is unavailable to RENTER or other occupants and is expressly prohibited. C. CLEANING: Upon vacating the Premises, RENTER agrees to return the Condo to PROPERTY MANAGER in broom clean condition, normal wear and tear excepted. In addition, RENTER agrees that the dishes will be washed and put away; inside trash cans will be emptied into the outside dumpster; the heat turned down to 65 degrees (F), and all windows and doors locked. The Condo will otherwise be generally neat. Failure to return the Condo as aforesaid will result in additional charges to RENTER. In addition, RENTER will be charged for any items that are found to be missing during PROPERTY MANAGER's post departure inspection.
5. CANCELLATION: Neither PROPERTY MANAGER nor RENTER shall have the right to cancel this Agreement; except that PROPERTY MANAGER shall have the right to cancel this Agreement if RENTER fails or refuses to pay any portion of the Rental as and when required or RENTER is otherwise is in default of this Agreement and in such event, PROPERTY MANAGER, shall have the right to retain all amounts paid to PROPERTY MANAGER by RENTER.
6. PROPERTY MANAGERS SERVICES: A. FURNISHED PROPERTY: PROPERTY MANAGER agrees property shall be a furnished unit that will include customary kitchen, bedroom(s), den and bathroom furnishings, personal property and appliances including linens, blankets, pillows, towels, dishes, glasses and utensils. PROPERTY MANAGER makes no representations as to the condition of the furnishings, personal property or appliances. Upon RENTER's departure, the PROPERTY MANAGER (or its representative) reserves right to inspect the Condo. RENTER shall be responsible for reasonable replacement cost of all items missing at CHECK OUT. B. UTILITIES: The following utilities will be provided: gas, electric, cable, sewer and water service. PROPERTY MANAGER shall not be responsible for any inconvenience, loss or damages arising from any temporary defects or stoppage in supply of water, gas, electricity, telephone, cable, sewer or plumbing or as caused by weather conditions, lack of snow, natural disasters, acts of God, or other reasons beyond PROPERTY MANAGER's reasonable control. Nor will PROPERTY MANAGER be responsible for, or accept liability for, any loss or damage to RENTER's personal property. PROPERTY MANAGER shall not be responsible for the acts or omissions of any third party that may interfere with RENTER's use and enjoyment of the Premises.
7. USE: RENTER and its guests shall have the right to use the Premises for any lawful residential use consistent with the rules and restrictions contained or incorporated herein or as otherwise posted; provided that the following uses shall be expressly prohibited (collectively, Prohibited Uses): (1) Any activity or use which is illegal or otherwise inconsistent with, or in violation of, any applicable law, ordinance, regulation or rule applicable to the Premises, RENTER, any of other occupants, guests, invitees, licensees or otherwise. (2) any activities or use inconsistent with the Condo covenants; a copy of which is posted in the Condo. If the Premises are used by RENTER or their guests for any Prohibited Use, RENTER and their guests will be required immediately to vacate the Property and will forfeit the Rental and Security Deposit. In addition, RENTER shall hold PROPERTY MANAGER harmless from any loss, damages or liability arising out of or resulting from any Prohibited Use.
8. SECURITY DEPOSIT: PROPERTY MANAGER may use, apply or retain all or any part of the Security Deposit for the payment of any sum which RENTER owes PROPERTY MANAGER hereunder, or for default in respect to any of the terms or provisions of this Agreement including, but not limited to any repair, replacement, or cleaning of the Premises rendered necessary or desirable by reason of the negligence, carelessness, accident or abuse by RENTER or any invitee, licensee or guests of RENTER In addition, if any damage beyond normal wear and tear is caused by RENTER or RENTERS’ guests, licensees or invitees or otherwise during the Term, RENTER agrees to pay PROPERTY MANAGER the cost of all repairs and replacements plus hourly rate ON DEMAND. Without limiting the foregoing, If RENTER defaults under any term, condition or provision of this Agreement, including, but not limited to, failing to vacate the Premises no later than the Departure Date or failure to reimburse PROPERTY MANAGER for any damages, repairs or costs on demand, then PROPERTY MANAGER shall have the right to retain the Security Deposit and to exercise to the fullest extent of the law or in equity, including to enter upon and take possession of the Property. Removing all persons and property there from and charging RENTER for all expenses accrued in connection therewith. Such termination shall not release RENTER from any liability for any amounts due hereunder. PROPERTY MANAGER shall have the right to access to the Property for inspection, repairs and maintenance at any time. If, after the departure inspection by PROPERTY MANAGER, there are no items missing, no outstanding charges and no damage to the Condo, the PROPERTY MANAGER shall return the Security Deposit to RENTER.
9. AGREEMENT EFFECTIVENESS: This Agreement is not binding on PROPERTY MANAGER or otherwise effective until initial payment or deposit has been received in full by property manager and has cleared the PROPERTY MANAGERS’ bank. Payment from the RENTER inherently represents agreement by all parties to the terms of this Contract, and holds the RENTER and PROPERTY MANAGER to a legally binding contract.