Upon booking our home, you will receive the following Rental Agreement document online. All guests are required sign the agreement for their booking to remain valid. We are always available to review it with you and to answer your questions.
Thank you for choosing Abalone Bay for your Sea Ranch getaway. Please take the time to thoroughly read over the terms and policies of this Agreement for renting our home, Sea Ranch Abalone Bay. Please pay specific attention to all bolded and highlighted text.
We require a clear copy the Lead Renter’s government issued ID for our files (e.g. Drivers License, Passport ID page). The documentation will be held only for the duration of your stay after which time it will be permanently deleted from our files. You may upload either a photo or PDF copy at the time of booking.
RESERVATION REQUIREMENT
Reservations are not considered “guaranteed” until Owner receives this Agreement signed by the Lead Renter (which is defined as the rental applicant who applies to rent the Unit) and accepts the Full Payment and Taxes required.
Upon acceptance of this Agreement, the Lead Renter will be charged Full Payment for the entirety of Guest’s reservation stay, including (1) a 12% Sonoma County Transient Occupancy Tax and (2) a 3.5% Sea Ranch Association Guest Assessment (3) Other associated fees (e.g. dog @ $80/pet up to 2)
Thereafter, Guest (which is collectively defined as the Lead Renter and all guests and invitees of Lead Renter) waives all rights to bank account interest that may accrue on the Initial Deposit. Upon receipt of this signed Agreement and the Initial Deposit, confirmation of Guest’s reservation will be emailed to Guest. Guest has the obligation to notify Owner of any errors in the confirmation email within one (1) business day.
Rental Agreement:
This Renter Agreement (“Agreement”) is made and effective ___(“Agreement Date”) between Sea Ranch Abalone Bay Vacation Rental (“Owner and/or Manager”) and ____ (“Guest”) regarding the property known as Abalone Bay (“Rental Property”) which is located at:
36905 Green Cove Dr. The Sea Ranch, CA 95497
This Agreement applies to the Guest’s stay at Rental Property from/to but also applies to any other dates which may be included if the reservation is changed.
Lead Guest warrants to be an adult, 25 years or older, and will be an occupant of the Unit during the entire reserved period. A copy of the Guest’s driver license or passport is required and will be kept on file. Other occupants of the Unit may be family members, friends or other responsible adults.
This Agreement applies to all members of the Guest’s party no matter the age or affiliation (“Group”). Guest acknowledges that Guest isresponsible for sharing the renter agreement, and its requirements, with all members of the Guest’s party and anyone else permitted onto the Rental Property by the Guest. Guest is required to identify all guests staying or visiting on the property by name. Include unique emails for adult guests. Gatherings in excess of the six (6) individuals will require advance permission of Owner, including but not limited to dinner parties, events, and gatherings.
Exceeding a total occupancy of 6 persons will result either in immediate eviction without compensation and/or a $200 per guest per night charge at the full discretion of the Owner. “Actual occupancy” includes all persons irrespective of age, and regardless of whether they are day visitors or overnight visitors.
Guest certifies and acknowledges the property has security cameras at the entry door and outside the perimeter of the property. Guest grants consent for us to be recording them in video or still shots.
The Owners reserve the right to place a rental period ‘on sale’ at a reduced rate without compensation to previously booked Guests.
In consideration of the rent received and the mutual promises contained herein, Owner of the Rental Property does hereby lease and rent to Guest(s) such Rental Property under the following terms and conditions:
Guest agrees to abide by all rules and regulations contained herein or posted on the premises related to the Rental Property and The Sea Ranch Home Owners Association. Guests obligations include but are not limited to keeping the premises as clean and safe as the conditions of the premises permit and causing no unsafe or unsanitary conditions in the common area and remainder of the premises that Guest uses. Guests agree not to use the premises for any commercial activities or purpose that violates any criminal law or governmental regulation. Guest’s breach of any duty contained in this paragraph shall be considered material and shall result in the termination of guest occupancy with no refund of any kind.
In no event shall the Rental Property be occupied by more persons than the capacity of the property as stated on the web site or the confirmation letter, without prior approval by Owner. No fraternities, school, civic, or other non-family groups are allowed unless Owner grants prior approval. In no event shall Guests assign or sublet the Rental Property in whole or in part. Violations of these rules are grounds for expedited eviction with no refund of any kind. Guests hereby acknowledge and grant specific permission to Owner to enter premises at any time for inspection purposes should Owner reasonably believe that Guests are causing or have caused any damage to Rental Property. Guest further agrees to grant Owner access to Rental Property for purposes of maintenance and repair. If listed “For Sale”, Guests agree to grant access by scheduled appointment upon notification.
In the event Guest wishes to terminate this agreement, Travel Insurance, Damage Protection and any processing or administrative fees are non-refundable. The refund policy is as follows: No refund will be issued for any reason.
A payment of ____ is taken by Owner at the time of the booking. Any remaining balance must be paid days prior to the arrival date, or this Agreement may be cancelled by the sole option of the Owner. An automatic credit card payment for the remaining balance will be scheduled by the Owner to be made days prior to the arrival date. The credit card of the first payment is used if a credit card was provided. If the automatic payment fails for any reason, it is the responsibility of the Guest to make sure that the remaining balance is promptly paid in full, or the reservation will be canceled with no refund of payments made. All policies contained in this Agreement shall apply equally to payments made by credit card, check or cash and whether made via website, by phone or in person. Any refunds due to Guests from a credit card payment will be refunded by credit card transaction; all other refunds will be made within 30 days by check.
A security deposit is required (“Security Deposit”) and will be automatically reserved for the booking. The automatic reserve is conducted by putting a hold or charge on the Guest’s credit card for the amount of $500.00 exactly 1 day(s) prior to the arrival date. The credit card of the last successful payment will be used. If there are no successful credit card payments, it is the responsibility of the Guest to send $500.00 by check to the Owner to satisfy the Security Deposit requirement. If, at the end of the rental period, the rental property is returned undamaged beyond normal wear and tear, the Security Deposit will be released in full within 14 days. In the event of any damages, Owner will provide Guest with a full accounting of expenses incurred and deductions made from the Security Deposit. Should the damages exceed the amount of the Security Deposit, Guest agrees to pay the balance within 14 business days after receiving notification. Deductions from Security Deposit may include, but are not limited to: excess cleaning fee, hot tub draining and refilling fee, trash removal fee, missing item replacement costs, damaged item replacement or repair costs, repair costs of buildings or grounds, or other service call fees. Owner is under no obligation to use the least expensive means of restoration.
Cleaning: If unusual cleaning is necessary, there shall be an additional charge which shall be, at the election of the Owner, either deducted from the Security Deposit or charged to the Lead Renter’s credit card on file. Guest may not rearrange furniture or take furniture outside of the house. Guest will be provided with copies of all additional charges with the refund of Guest’s security deposit, if any is remaining.
Please follow the Departure Checklist to avoid additional cleaning charges for excessive cleaning due to abnormal wear and tear. Guests may be charged the cost to spot clean or completely clean carpets due to excessive spotting.
It is Guest’s responsibility to maintain the Unit in a neat and clean condition throughout Guest’s stay. Some cleaning supplies have been provided for Guest’s use during their stay in the Unit. In Unit Laundry facilities are also provided for Guest’s convenience. It is also Guest’s responsibility to wash all dishes used and to take out their garbage and recycling prior to departure from the Unit.
Guest will be charged extra for:
Leaving excessive dirty laundry.
Failure to clean yard of dog excrement- ($100- see Rule 6.6 Compliance with CCR’s)
Failure to replace all furniture in the house and items in their original location. This includes returning the Ping Pong table to the garage wall on the right, replacing its cover, putting all paddles and balls in their tray, cleaning and lowering the drop-down table.
Any excess cleaning charges will be charged to the credit card on file provided by the Lead Renter.
Regular payments and security deposits for the booking will be displayed as ABALONE BAY PROPERTY on the Guest’s credit card statement.
Compliance with Rules, Ordinances, and CCR’s Guest agrees to comply with laws, and ordinances affecting the Unit, including all applicable provisions of the laws of California.Compliance with Laws, Regulations and CCR’s. The Sea Ranch is a planned unit development governed by The Sea Ranch Homeowner’s Association Conditions, Covenants and Restrictions (CC&Rs). Guests are subject to the same privileges and restrictions as members of The Sea Ranch Homeowner’s Association. Guest agrees to comply with all rules included in The Sea Ranch Homeowner’s Association CC&Rs including violations of by Guest or any invitee of Guest or other parties entering the Unit during the rental period. Violations are addressed by Sea Ranch Security (707-785-2701) or law enforcement. Rule 6.6.06 of The Sea Ranch Association. Pertinent sections of the CCR’s that relate to Guests’ rental of the Unit, TSRA Rule 6.6, include noise, dogs, drones, and light pollution.
Monetary penalties for violating TSRA Rule 6.6 range from $250 – $500 for a first violation to $1,000 – $2,000 for the third. Guest is responsible for any penalties they incur. Please be mindful that multiple or consecutive violations and penalties can occur in a single 24-hour period when an initial violation remains uncorrected. Quiet Hours: The Sea Ranch Quiet Hours are between 9 p.m. and 7 a.m. every day. Always, and especially during Quiet Hours, please conduct your indoor and outdoor activities in a prudent and respectful manner that will not be disturbing to your neighbors, especially during quiet hours.
Maximum quiet hours decibels is 55dBA, about equal to a conversation from 3 feet away. Rule 6.6.03 of The Sea Ranch Association.No Drones: The entirety of The Sea Ranch is a No-Drone Zone, including private lots and yards. Please leave your drones at home. Rules 3.2.04 and 6.6.04 of The Sea Ranch Association. Smoking Prohibited. As a matter of fire safety and public health, smoking of any material by any means is prohibited on all TSRA-owned property, including common areas, trails, and facilities. At private homes, please take care not to allow secondhand smoke, vapor, or odor to disturb others on neighboring properties or commons. Rule 6.6.05 of The Sea Ranch Association Smoking of any material by any means is strictly prohibited inside the Unit and throughout all common areas of The Sea Ranch development, including roads, trails and facilities. There is an outdoor ash receptacle near the front gate. If there is any tobacco smell in the unit or smoking-related litter found on the grounds there will be a fee charged to the Lead Guest’s credit card, as well as any additional associated costs to rid the Unit of smoke smell and damage. Reduce Nighttime Lighting: The Sea Ranch prizes and protects its coastal natural night sky. Excessive nighttime lighting can become a nuisance.
Guest agrees to turn off exterior lighting when not using the illuminated area. Guest also agrees to reduce transmission of inside light (including light from television and computer screens) to the outside. Light sources are to be shielded. The blinds, shades, or curtains are to be drawn at night and to turn off all outside lights when not in use to prevent any unnecessary or unreasonable evening nuisance, “light pollution” at The Sea Ranch.
Keep Dogs Leashed: Guests may may have up to 2 dogs at a fee of $80 each dog. At the time of booking, Guest must inform Owner if Guest plans to bring a dog. Guests must pick up after their dogs excrement. All dogs must be on leash when on the trails and beaches
To protect wildlife and avoid nuisances, all dogs must be under the owner’s control at all times, and leashed when on the roads, trails, and other property owned by The Sea Ranch. Please minimize barking or howling, and always clean up after your dog. Rules 6.3 and 6.6.07 of The Sea Ranch Association. Guest agrees to take extra care to inspect pet for ticks, dry and clean dog paws prior to entering the Unit. Out of respect for the Owner’s home and furnishings, Guest agrees not to allow any dog on the furniture of the Unit. If a Guest’s dog insists on getting on the furniture, Guest agrees to cover the furniture piece with the provided sheet cover. Dogs must be leashed at all times on a leash not to extend 6 feet.
All dog excrement must be immediately picked up and disposed into a proper receptacle. If dog droppings are found in the yard, a $100 fine will be deducted from your security deposit or charged to your credit card if you purchase the Damage Insurance. Any fine imposed for violations are the sole responsibility of the renter.
The Sea Ranch Association requires that guests and dogs not interfere with the quiet enjoyment of any property in the Sea Ranch development and/or neighborhood by chasing vehicles, molesting passersby, barking, howling, or making any other noise.
Guests under the age of 18 are considered Minors. A child is defined as any person under the age of 18. Minors shall stay with a parent, legal guardian, or responsible adult, and must never be left at the property unsupervised.
No refunds will be provided due to inoperable appliances, pools, hot tubs, elevators, etc. The Owner will make every reasonable effort to assure that such appliances will be and remain in good working order. No refunds will be given due to power blackouts, water shortage, flooding, snow, construction at adjacent properties, or mandatory evacuations of the area by county officials due to hurricanes or other potentially dangerous situations arising from acts of god or nature.
Telephones in the Rental Property may be blocked to allow local calls only. Guest may need a calling card in order to make long distance calls from the Rental Property. The Owner may choose at the Owner’s sole discretion to allow long distance telephone calls to be made for free. If the Owner has not clearly listed that as a feature of the Rental Property on the website, confirmation letter or marketing material, Guest must assume that long distance telephone calls are not allowed.
Guest is responsible for all shipping costs for any Lost and Found items that Owner is requested to return to Guest. Items found and not claimed within 30 days will be disposed of at the discretion of Owner.
A hot tub is provided at the Rental Property, it will be prepared and tested for proper and safe chemicals prior to or on the day of occupancy. Misuse of a hot tub or pool by the spilling of foreign substances into the pool, i.e. soap, shampoo, oils, glass or metal will result in a Service Call Charge at the sole discretion of Owner. Under no circumstances are pets allowed in pools or hot tubs. Violation of this provision shall be grounds for expedited eviction and forfeiture of all monies paid.
Hot tub:
Guest must unlatch all clips of the hot tub cover straps first prior to lifting it off to prevent breakage of the clips.
Guests must leave the bromine feeder (floater) containing hot tub treatment products in the hot tub at all times to keep the water sanitary while using the hot tub.
Some people have sensitivity to hot tub treatment products; clothing worn in the hot tub may fade, and the high temperature of the water may affect them adversely.
Guests are advised not to stay in the hot tub for more than 15 minutes.
Individuals who are pregnant, have high blood pressure, hypertension, or diabetes or other medical conditions must not use the hot tub.
No alcohol can be consumed while in the hot tub. When use is completed hot tub cover must be returned and strapped into place to prevent winds from lifting it off.
Ping Pong Table is located in the garage against the wall between garage and laundry area. The Ping Pong Table must remain inside the garage at all times.
Keep the garage door closed while playing ping pong during the evening to prevent noise and light disturbing neighbors. Remember HOA restricts noise with quiet hours at 9 p.m. and 7 a.m. every day. It also requires no light-pollution.
Keep food and drink away from and off of the Ping Pong Table. Use table provided.
Clean the area after your play: wipe the folding table and sweep the floor of all food crumbs & drink spills to keep pests from invading the garage. Please put all trash in the lidded trash bin located by the garage door.
When done with play replace the cover on the folded and store Table flat along the wall next to the drop-down table to allow for space to park.
Linens and towels are supplied with Rental Property. Guest is responsible for lost or damaged items at the cost of two (2) times the published standard purchased price for such damaged or lost linens or towels.
Fire Safety Rules. No open fires or burning candles are allowed anywhere in The Sea Ranch development. Guest may use the flameless, battery-operated candles, table lights, or flashlights provided. No fireworks or pyrotechnics of any type (e.g., gender revel explosions) allowed anywhere in The Sea Ranch development.
Personal Gun Safety Rules/Restrictions- Forgotten firearms after departure: With the exception of explosive or incendiary devices and assault weapons, as a guest, you may bring legally-owned weapons or non-lethal weapons only if safely secured and disclosed prior to your arrival.
It is our policy to promptly turn over any firearms left on the property to the County Sheriff’s Office, and guest may retrieve their firearms from the sheriff. Abalone Bay is a private property. Guests, who are lawfully permitted to possess a firearm or weapon, may with prior notification, bring such onto our premises for storage purposes only, with the understanding that they are personally responsible for following:
Guests must abide by all Federal, State, and local laws.
Firearm and weapons must be appropriately registered.
Firearms must be unloaded.
No cleaning of firearms is permitted on premises.
Firearms and weapons must be safeguarded and secured in either a locked, hard sided firearm container or a soft gun case provided by the guest at all times and clearly labeled with their name and contact information.
Guests who fail to abide by our policy may be asked to leave the premises, are subject to trespass, and may be subject to further legal action. Exempted from this policy are law enforcement officers and designated military personnel who are on-duty and required to carry firearms in the performance of their duties. No exemption to this policy is allowed for private persons, even those licensed and permitted to carry a firearm openly or concealed under local, state, or federal law, are exempt from this policy.
Barbecue Rules. The Unit is equipped with a gas barbecue. The barbecue must remain on its non-combustible surface. Guest may not use their own barbecue. Guest is to clean the grill after use.
Fireplace Rules. The Unit has a gas fireplace that is operated by a remote. Loss or damage of the remote will be assessed and replacement costs added to the Lead Renter’s credit card.
Heat and Air Conditioning. Guest must keep thermometer for central heater set no higher than 72º. Guest is asked to lower the heat to 60º at departure. The gas fireplace does provide added heat to the house but will not heat the bedrooms.
The Unit has no air conditioning. Generally, the summer weather is cool with the onshore flow of the fog. By opening the windows, the Unit is readily cooled. Ventilating fans are available should it be unusually warm.
Internet, Satellite and Cable. If for any reason internet service goes out, Owner will do everything possible to have service restored. However, Owner does not guarantee the timing of restoring internet, satellite or cable service. No rent reimbursement shall be paid for loss of service.
Internet Access/Downloading. Guest shall receive internet access prior to Guest’s arrival. By signing this Agreement, Guest agrees that any illegal downloading during Guest’s stay shall be the responsibility of the Guest.
Garbage Rules. Guest does not need to move garbage cans to the street. Instead, garbage collectors will pick up from their normal storage locations. Large garbage containers (2) and recycle containers (2) are stored in the shed. Should Guest’s trash volume exceed the Unit’s cans, Guest will be required to bring the trash home or deposit it at the Annapolis Transfer Station, 33549 Annapolis Rd., 5mi inland of Hwy 1, near The Sea Ranch. Guest must check the shed is securely latched at all times; otherwise, raccoons and other animals will enter and spread garbage around the yards. Guest will be responsible for any clean up associated with failure to secure the shed latch.
Wildlife Rules. Sea Ranch Abalone Bay is surrounded by meadows and woods. As such, Guest may encounter various insects and wildlife traditionally found in a natural environment. This includes any possible scat (e.g. raccoon fecal matter) deposited in the courtyard during their stay. Owner employs year-round pest control services and requests that Guest do not feed the wildlife. For the protection of Guest and any pets:
Guest shall not feed pets outside. Owner does not accept any responsibility for any personal injury or property damage caused by wildlife or insects. Guest is to contact owner if further abatement is required.
Guest is reminded to keep all doors closed at night (including sliding glass) to prevent entry into the house by wildlife (e.g. raccoons). Night time freshness may be accomplished by opening windows/sky light.
Safety Rules and Guest’s Assumption of Risk. Guest, and all invitees of Guest, hereby agree to assume all responsibility and liability for any and all injuries and/or deaths that may occur in connection with the use of any of these Sea Ranch development common areas and recreation centers by Guest (or any invitees of Guest) and Owner has no liability whatsoever in connection with any use of these areas.
Children are welcome in the Unit, however, there may be conditions in and around the Unit that may pose hazards to them, as well as to adults. Guest acknowledges that the ocean bluff cliff is not fenced. Owner does not assume any liability or responsibility for any injuries occurring during Guest’s stay. Children must be supervised at all times.
Wax Burning Candles are not allowed due to fire danger.
Shelter-in-place and First aid items are located in the hall closet in case of emergency.
Guest Passes/Vehicle Rules.A maximum of two (2) vehicle passes may be assigned per Unit. Additional vehicles can be parked at the Unit within the screened parking area and within accessible garages at the Unit. Passes are not necessary to drive directly from Highway One to the Unit. Passes are required for parking at the recreation centers and along the private roads at designated locations throughout The Sea Ranch development. Guest will be charged for loss of passes.
The hang tag must be displayed by attaching it to the interior rearview mirror of Guest’s vehicle(s). Failure to display the guest pass may result in the vehicle being “booted” by The Sea Ranch Association Security Department. A $100 fee will be charged by The Sea Ranch Association Security Department to remove the boot. Owner shall remain harmless if the “boot” is applied to Guest’s vehicle.
Rules Regarding Use of Recreation Areas. A maximum of six (6) Guests may be issued access to use of the recreation centers per Unit. A guest pass is required when checking in and registering at the recreation centers. Note: Access to the recreation center, especially during the COVID-19 pandemic may be restricted by The Sea Ranch Homeowners Association or county and/or state regulations. No reduction of rent, rebate, or refund will be issued due to closure of any recreation centers and/or other HOA community amenities.
Parking Rules. Vehicles must be parked within screened parking or within the garage space provided. The garage door must be closed at all times. No motor homes, trailers or boats can be parked at the property at any time. Motorcycles are permitted for ingress and egress only.
Guest, and all invitees of Guest, hereby agree to assume all responsibility and liability for any and all injuries and/or deaths that may occur in connection with the use of any of these Sea Ranch development common areas and recreation centers by Guest (or any invitees of Guest) and Owner has no liability whatsoever in connection with any use of these areas.
Quiet Enjoyment of the Property. Guest agrees that any outdoor activities that are loud or disruptive to the Sea Ranch neighborhood are not permitted (Refer to item 9 above). Owner wishes to maintain a family atmosphere for the quiet enjoyment of other residents and guests. Guests shall be sufficiently quiet and peaceful, so as not to disturb other residents of the neighborhood. Guest shall be entitled to the quiet enjoyment of the Unit and Owner will not interfere with that right, as long as Guest does not interfere with the right to quiet enjoyment of other residents and guests at The Sea Ranch.
Evidence of Party. If there is any evidence of a party held at the Unit, excessive noise by either Guest or their pets, music, or illegal activity, Guest will be asked to vacate the Unit, no refund will be given, and a fee of $500 will be charged to the Lead Renter’s credit card on file. This fee is in addition to any additional cleaning, replacement cost of broken items, and repairs needed resulting from violation of this policy, as well as any assessed TSRA Monetary Penalties for violating TSRA Rule 6.6 range from $250 – $500.
Noise/Nuisance. Guest shall not disturb neighbors with loud noise or music, or unlawful, unsafe or pollution causing behavior. Should Guest allow or participate in such behavior, Guest will be evicted and forfeit the remainder of the rental fee and the security deposit. Guest understands and agrees that quiet hours at The Sea Ranch are between 9:00 PM and 8:00 AM. Guests may be subject to any fines of up to $500.
Potential for Noise: Guest recognizes and does not hold Owner responsible for construction noise that may occur during Guest’s stay. We’ve taken measures to ensure your peaceful stay, yet there might be some daytime activity. Construction crew may arrive as early as 7:30 AM and quit at 4:00 PM, Monday through Saturday. During this period we encourage you to explore over 50 miles of hiking trails, enjoy our 3 recreation centers, discover other regional & state parks, local stores and artists in our community. Your understanding and excitement for the local development are much appreciated!
In addition, any rules or regulations of The Sea Ranch Association violated by Guest, or any invitee of Guest, which results in a fine to the Unit, will be charged to the Lead Guest’s credit card on file.
It is the duty of each Guest to read and review the House Rules upon arrival to ensure that all regulations of the community are followed. An overview of these rules will be sent to Guest prior to arrival, and a list of the House Rules can also be found in the Unit.
Locked Areas. Areas that are locked, such as Owner’s personal storage spaces, for which Guest is not provided a key, are off limits to Guest. Any attempt to enter locked areas is cause for immediate termination of this Agreement, forfeiture of all monies paid, and Guest will be liable for any damage and/or missing items
Right of Entry. Owner, or its property manager or representative, shall have the right to enter the Unit at reasonable hours for the purpose of making repairs and/or inspections. Owner, or its property manager or representative, will provide 24 hours’ notice upon entry. If access is needed for emergency purposes, Owner or Owner’s representatives shall have the right to access the Unit immediately.
Subletting. Guest acknowledges that subletting is not permitted. Guests who sublet may be subject to fines of up to $1,000.00 per day.
House Rules. A copy of the House Rules will be provided to Guest with the access code information prior to check-in. Any violation of House Rules or fines assessed by The Sea Ranch Association will be taken out of the Guest’s security deposit or charged to the Lead Renter’s credit card on file, at Owner’s election.
In the event Owner is unable to make Rental Property available for any reason other than described above or a reasonable substitute as determined by Owner, Guest agrees that Owner’s sole liability as a result of this unavailability is to provide a full refund of all monies paid under this Agreement and Guest expressly acknowledges that in no event shall Owner be held liable for any special or consequential damages which result from this unavailability. Guest also agrees to indemnify Owner from and against liability for injury to Guest or any other person occupying Rental Property resulting from any cause whatsoever including, but not limited to, injury sustained as a result of use of the phone, spa, hot tub, sauna, whirlpool tub, pool, exercise equipment, elevator, etc. except only such a personal injury caused by the gross negligence or intentional acts of the Owner.
Owner may terminate this Agreement upon the breach of any of the terms hereof by Guest. Guest shall not be entitled to the return of any rental monies paid under the terms of this Agreement and shall vacate the Property immediately.
Agreement shall be enforced under the laws of the state within which the Rental Property is located, including any applicable rental acts of that state, and represents the entire Agreement. Any amendments must be in writing and signed by both parties. In the event of a dispute, legal action may only be instituted in the county within which the Rental Property is located. If any part of this Agreement shall be deemed unenforceable by law, that part shall be omitted from this Agreement without affecting the remaining Agreement.
The Rental Property may offer access to recreational and water activities, including but not limited to canoes, bicycles, and swimming. Guest fully understands and acknowledges that outdoor recreational and water activities have inherent risks, dangers and hazards. Participation in such activities and/or use of equipment may result in injury or illness including, but not limited to bodily injury, disease, strains, fractures, partial and/or total paralysis, death or other ailments that could cause serious disability. Guest agrees to fully indemnify and hold harmless the Owner and any and all agents, employees, or contractors for any injury or damage caused by these activities, whether caused by the negligence of the Owners, the negligence of the participants, the negligence of others, accidents, breaches of contract, the forces of nature or other causes foreseeable or unforeseeable. Guest hereby assume all risks and dangers and all responsibility for any losses and/or damages, whether caused in whole or in part by the negligence or other conduct of the Owners or by any other person. Guest hereby voluntarily agree to release, waive, discharge, hold harmless, defend and indemnify Owner and any and all agents, employees, or contractors from any and all claims, actions or losses for bodily injury, property damage, wrongful death, loss of services or otherwise which may arise out of my use of Rental Property facilities, equipment, or activities. Guest further assumes full responsibility for the actions of any and all persons whom he may allow to enter the property during the rental period and indemnifies Owner from any and all claims arising from such other persons.
NOW, THEREFORE, in consideration of the mutual agreements and covenants herein contained, Guest has read and agreed to the following:
I understand the rules and rental conditions upon which I am agreeing to rent accommodations, equipment, and use of the property. I acknowledge and accept that the sole responsibility for safety lies with the participant. In agreeing to this, I acknowledge that outdoor activities and exposure to the natural elements and animals can be dangerous and sometimes result in injury and even death. Steps and decks can be slippery, animals and insects can threaten and infect or injure, exposure to the elements can cause hypothermia, sunburn, among other risks inherent in participating in camping, outdoor and water activities. I know that alcohol and/or drugs do not mix safely with any outdoor activity.
I am over the age of 25 and assume responsibility for all in the Group, and the Group is visiting the property and using the equipment and is engaging in activities or events at the Group’s risk. I hereby assume all legal responsibility for bodily injury to me or to any person on the property as a result of my visit and use, operation or possession of equipment hired or loaned to me. Acknowledging this, I accept complete responsibility for the Group, and the Group is visiting the property and using the equipment and is engaging in activities or events at the Group’s risk.
I will abide by the rules and accept these rental conditions:
The property I rent will be returned in the same condition in which it was rented and I will be responsible for all damage and/or loss that occurs during my rental period.
I agree to hold harmless and to indemnify the Owner of the Rental Property against all loss, damage, expense and penalty on account of personal injury or property damage to the rental dwellers, the undersigned or to any minor child or children in the charge of the undersigned, howsoever rising, whether by act or acts or failure to act of the employees, owners or animals of the said company or property owners or not.
I acknowledge receipt of the property in good order and condition (if found otherwise per my arrival I will contact Owner immediately) and further agree that the Owner of the Rental Property shall not be liable for consequential damages of any kind or nature from whatever cause arising, whether property or equipment is loaned or rented.
I enter into agreement freely with the Owner of the Rental Property at my own risk, acknowledging the risks inherent in indoor and outdoor activities and assume any and all responsibility for the minor children and myself in my charge.
All parties agree to and will comply with Federal, State and County pollution laws and any other applicable laws and regulations.
