Rental Agreement

This Rental Agreement and Contract (the “Agreement”) is a legally binding agreement made and entered into as of the Reservation Date agreed upon between the (“Owner of Property”) and (the “Guest”) , pursuant to which the Guest has agreed to rent the residence (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 [7] 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. Owner 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.  Owner 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 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, association rules or ordinance, nor commit waste or nuisance on or about the Property. 
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 Owner shall not be responsible or liable for any reason whatsoever. 
Guest hereby covenants and agrees to indemnify and hold harmless Owner, 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 Owner harmless in all such cases. 
RELEASE Guest hereby waives and releases any claims against 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. 
ENTRY AND INSPECTION Owner 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 Owner has a reasonable belief that there is imminent danger to any person or property, Owner 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 Owner, Owner 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, Owner shall immediately return all payments made by the Guest, whereupon this Agreement shall be terminated and Guest and Owner shall have no further obligations or liabilities in any manner pertaining to this Agreement.