Contract, Terms, Policies, and Rental Agreement of Sea Ranch Abalone Bay Vacation Rental.
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.
For Booking Id Number___
Book Source: ___
Number of Guests: ___
Number of Pets:___
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.
Our GUEST REGISTRATION FORM must also be completely filled.
Information requested in the GUEST REGISTRATION FORM includes your name, address, guest names, car license or plane tail number, and a clear copy of your government issued ID for our files (e.g. Drivers License, Passport bio page). The documentation will be held only for the duration of your stay after which time it will be permanently deleted from our files. The form also asks for your personal 6-8 digit Key Code necessary for entry into the house.
This Rental Agreement for Sea Ranch Abalone Bay Vacation Rental (“Agreement”) is for certain property located at: 36905 GREEN COVE DRIVE, THE SEA RANCH, CALIFORNIA, 95497 (Unit 18-Lot 78) (the “Unit”). This Agreement is between the owner of the Unit, Donna Martinez (“Owner”) and the Lead Renter (“Guest”) for the short-term rental of the dates below:
1. 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 Initial Deposit which consists of fifty percent (50%) of Guest’s total stay including 12% Sonoma County Transient Occupancy Tax and 3.5% Sea Ranch Association Assessment. 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.
Guest warrants that the Lead Renter is an adult, 25 years or older, and will be an occupant of the Unit during the entire reserved period. A copy of the Lead Renter’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. Any Guests under the age of 25 must be accompanied by an adult.
Any reservation obtained under false pretense will be subject to forfeiture of advance payment, deposit and/or rental money, and the party will not be permitted to check-in.
Guests Names (Lead guest plus 5 for total of 6):
Pet Names- for guests bringing dogs (no more than 2 permitted):
3. RESERVATION INFORMATION & OCCUPANCY LIMITS
Guest certifies that the limitations of this Unit have been carefully read as set forth in this Agreement, INCLUDING LIMITATIONS ON THE NUMBER OF PERSONS PERMITTED TO OCCUPY THE UNIT AND NOISE NUISANCE CONDITIONS, and agrees to abide by such limitations. Guest agrees that if such limitations are exceeded, Owner shall have the right to cancel this Agreement. In the event it becomes necessary to cancel this Agreement as provided for in this clause, any money paid by the Lead Renter or Guest will be forfeited.
The Lead Renter will assume full responsibility for all members of the Rental Group (which is defined as all persons listed in this Agreement, as well as any invitees that were allowed into the Unit without Owner’s permission) throughout the rental period. All persons listed in this Agreement or as added subsequently by the Lead Renter will be bound by the terms of this Agreement. Access to the Unit will be denied to anyone who is not a registered Guest. Use of the Unit will be denied to persons not identified in this Agreement and any violation will result in immediate expulsion from the Unit without refund. Violation of any House Rules will also result in immediate eviction with no refund.
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. Owner meters the level of noise inside and outside the property and will advise guest if noise level exceeds 50dB.
THE NUMBER OF PERSONS PERMITTED TO OCCUPY AND USE THE UNIT IS LIMITED TO SIX (6) INDIVIDUALS AT ALL TIMES. GATHERINGS IN EXCESS OF THE SIX (6) INDIVIDUALS LISTED BELOW WILL REQUIRE ADVANCE PERMISSION OF THE 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 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.
4. RESERVATION BOOKING AND PAYMENT
Guest agrees to the rate as detailed on listing site and quoted.
Four-Night Minimum Stay. This Unit requires a four (4) night minimum stay. Longer minimum stays may be required during holiday periods. Base rent price fluctuation is based on demand, holidays, and special offers.
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 Assessment.
Owner accepts Visa or MasterCard. If Guest pays by check rather than credit card, and the check is returned for NSF there will be a $50 service charge. Guests will be denied access to the Unit until the check has successfully cleared the bank. Checks should be made payable to Donna Martinez. A Credit Card will be required on file for any damage or incidental charges as detailed in this Agreement. This signed Agreement, along with credit card information, should be returned by fax at (707) 687-5445, or may be emailed to Donna@SeaRanchAbaloneBay. If payment is made by check, the check and the signed Agreement should be mailed to the following address: Sea Ranch Abalone Bay, 586 Peppertree Dr, CA 95492.
5. CANCELLATION POLICY
Guest acknowledges that late cancellations or early departures do not warrant any refunds of rent or Initial Deposit. Any request for cancellation request must be made in writing to Owner.
Guest has been encouraged to purchase Travel Insurance, especially Cancel For Any Reason.
Refunds on cancellations will be made as follows:
- Up to 45 days before arrival, Guest receives 100%;
- Up to 21 days before arrival, Guest receives 50%;
- No refunds will be given if cancellation is made within 21 days of Guest’s arrival date.
A flat fee of $100 is charged for every cancellation.
If the Unit is re-booked, Owner will refund Guest’s payments less $50 processing fee based on total rent.
6. SECURITY DEPOSIT/CLEANING/DAMAGE AGREEMENT
Security Deposit. A security deposit of $500 is required to be deposited with the Owner, or Owner’s designated Agent, in trust, as security for the performance by Guest of the terms of this Agreement. Guest is responsible for any damages or breakage to the Unit by anyone allowed to enter the Unit during the rental period. Owner may elect to either deduct any damage from the Security Deposit or charge the credit card on file of the Lead Renter for any damage or breakage or excessive cleaning costs caused by Guest, Guests’ family, Guests’ invitees, agents and visitors (hereinafter collectively referred to as “Guest”) to the Unit or furnishings of the Unit during the rental period.
Cleaning. A cleaning fee of $300 plus tax will be charged to Guest. 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 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 Check List 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.
The cleaning fee is intended as a one-time cleaning upon Guest’s departure. 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. Laundry facilities are also provided for Guest’s convenience. Guest will be charged extra for leaving excessive dirty laundry. It is also Guest’s responsibility to wash all dishes and to take out the garbage and recycling prior to departure from the Unit. Any excess cleaning charges will be charged to the credit card on file provided by the Lead Renter.
7. CHECK-IN/CHECK -OUT PROCEDURE
Check-In. Check-in time is 4:00 PM PST on the day of Guest’s scheduled arrival. No early check-ins, absent prior consent of Owner, will be allowed. Upon arrival, Guest will be given a code to unlock the door that will be operational by 4:00 PM PST on the day of the Guest’s scheduled arrival.
Guest will be asked for an easy to remember personal code for the keyless lock upon booking. A reminder will be sent via email one day prior to Guest’s arrival.
Guest will receive a digital Welcome Book detailing amenities of the house.
Guest will find in the Unit a WELCOME PACKET with assigned guest passes, and Auto parking hangtags for up to two (2) vehicles
Check-Out. Check-out time is 11:00 AM PST on the day of Guest’s scheduled departure. Any delay in check-out, absent prior consent of Owner, shall result in Guest being charged for another night’s stay.
Upon departure, Guest shall leave the WELCOME PACKET and assigned guest passes, hangtag(s) on the dining room table.
It is imperative that all Guests follow these check-ins and out times. The code to the front door will expire at time of check-out. An early arrival and/or later departure time may be possible but must be requested and granted by Owner one week prior to arrival in writing.
8. USE AND CONDITION OF UNIT
Use of Premises. Guest shall only use the Unit as a residence. The Unit shall not be used to carry on any type of business, trade or event, or party without prior written consent of Owner. Guest will comply with all laws, rules, ordinances, statutes and orders regarding the use of the Unit. Prior to check in, Owner will provide an outline of the house rules (“House Rules”). Guest and any invitees of Guest must comply with all of the House Rules. Failure to comply with the House Rules and/or any reservations made under false pretenses may result in loss of all of Guest’s payments made to Owner and possible removal of Guests from the Unit, in addition to all other remedies available to Owner. If Guest violates any of the House Rules or conditions of this Agreement, Owner, or its agent, has the legal right to enter the Unit and Guest hereby agrees to vacate the Unit immediately upon the request of Owner and forfeit all rent.
Rights of use of the Unit includes the Unit and the attached courtyard. Use of recreation facilities (as authorized by the Sea Ranch Association), community’s common grounds, and street parking is with appropriate guest pass(es).
Condition of the Unit. The Unit will have been inspected and documented prior to occupancy by Guest. Upon arrival to the Unit, Guest must promptly report any inoperable equipment to the Owner.
Repairs. The Owner will make every reasonable effort to have any needed repairs made. However, due to Owner’s remote location and the distance for service repair providers in the area, Owner cannot guarantee the timing for repair. No refunds will be issued for malfunctioning equipment unless it poses a safety hazard, in which case a prorated refund will be given. Non-essential equipment and facilities are provided at the discretion of Owner. Owner takes no responsibility should any non-essential provisions breakdown or become unusable. Such equipment includes, but is not limited to: TV, VCRs, DVDs, and Jacuzzi.
While every attempt will be made to ensure that all advertised equipment and appliances are in working order at the commencement of Guest’s stay, no reduction of rent, rebate, or refund will be issued for a mechanical failure of heater, dishwasher, washer, dryer, TV, refrigerator or other appliances.
Mechanical failure of essential property facilities such as water systems, plumbing and electrical systems, and major appliances such as stove or refrigerator, must be reported promptly to Owner. Owner will make every effort to immediately repair or replace such facilities.
If Guest refuses entry into the Unit for inspection and repair of essential property facilities, no reduction of rent, rebate, or refund will be issued for a mechanical failure.
If repairs/replacements are not possible, Owner will give Guest an appropriate refund for any inconvenience. This does not apply to system failures caused by misuse, such as plumbing blockages due to improper disposal of sanitary products or other abuse.
Additional Charges Possible. Guest agrees that the rent collected by Owner does not cover accidental or intentional physical damage to the Unit caused by Guest or any items in the Unit, including missing items, excess cleaning caused by dirt, cooking oil or smells, damage done by pets or parties, additional occupancy and/or sales taxes, sanitizing charges due to smoking or having pets while in the Unit, or any damage which result from violations of this Agreement.
To avoid extra charges, Guest should refrain from moving/relocating furnishing and houseware items to different locations within the Unit.
Relocation of furnishing/houseware items and disconnecting of TV/Stereo/Satellite cabling will result in an extra charge of $150.00 minimum.
Guest grants Owner the right to bill any such additional charges to the credit card number provided by the Lead Renter.
Amenities Provided. The Unit is fully furnished and the kitchen is fully equipped. The Unit is also equipped with an ample supply of linens, towels, dinnerware, tableware, glassware, cookware, and cooking utensils.
Owner provides a starter supply of paper towels, soap goods for the bath and kitchen, and trash bags for Guest’s use during the stay. Guest must provide all food items and condiments. Added amenities include a welcome basket of coffee, wine, and snacks. Dog amenities include welcome treats, poop bags, food/water bowls, furniture covers, and loaner leashes.
Safety Related Amenities Provided. The Unit is also equipped with safety-related amenities including fire and CO2 alarms, fire extinguisher flashlights, battery-operated candles, batteries, shelter-in-place equipment. Real candles are not allowed due to fire danger.
For Guests with EV cars, owner provides only a 240v plug inside the guest’s garage parking space and a 120v outside on the front of the building. Guests must bring their own EV charging cords and adapters to plug-in to the two plugs provided. Guest must not use a household extension cord as it may be a fire hazard in which they will be held liable.
9. 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. Violations are addressed by Sea Ranch Security (707-785-2701) or law enforcement.
Rule 6.6.06 of The Sea Ranch 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.
Guest is responsible for any violations of any The Sea Ranch Homeowner’s Association CC&Rs, state or local ordinances, including violations of by Guest or any invitee of Guest or other parties entering the Unit during the rental period.
Rule 6.6: Noise, Dogs Drone, Light Pollution, and Smoking Rules.
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. 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 to the Lead Renter’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: 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.
At the time of booking, Guest must inform Owner if Guest plans to bring a dog. A $75 per dog, per reservation fee applies. 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.
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.
Hot Tubs, Pools, Gyms and Decks/Patios.
Guest and any invitee of Guest or other parties entering the Unit during the rental period will refrain from noise and light pollution while enjoying the Unit’s courtyard and its amenities.
The Sea Ranch development contains a number of common areas and/or recreation centers which include hot tubs, pools, gyms and saunas. Guest acknowledges that hot tubs, pools, gyms and/or saunas, and all nearby decks and patios, can be dangerous. For example, the deck/patio can be slippery when wet and injury is likely to occur to anyone who is not careful. Diving into hot tubs and/or pools is highly dangerous and could result in injury and/or death.
By signing this Agreement, 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.
When using the hot tub:
- Guest must unlatch all 4 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.
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 or flashlights provided. No fireworks or pyrotechnics of any type (e.g., gender revel explosions) allowed anywhere in The Sea Ranch development.
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.
Fireplace Rules. The Unit has a gas fireplace that is operated by a remote. Loss or damage of the remote will be assessed replacement costs to the Lead Renter’s credit card.
Heat and Air Conditioning. Guest must keep thermometer for central heater set no higher than 72 degrees. When checking out, Guest must turn heat down to 60 degrees. 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. Should it be unusually warm, ventilating fans are available.
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.
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 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. 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.
Safety Rules and Guest’s Assumption of Risk. 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. Owner does not assume any liability or responsibility for any injuries occurring during Guest’s stay. Children must be supervised at all times. Candles are not allowed due to fire danger. Shelter-in-place 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.
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.
10. QUIET ENJOYMENT OF PROPERTY
Quiet Enjoyment. 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.
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 Renter’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.
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.
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.
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.
Commercial Use of the House. Guests have a right to film and take pictures of themselves at our property, for their own private use, but they may not distribute those pictures or films in any way, for compensation or not, without our express written consent. Failure to abide by this requirement may result in a claim for compensation to the owners from the guest for use of the property in this manner.
Trip Insurance and Acts of God.
Guest is highly encouraged to purchase trip insurance to cover Guest’s stay in case of a natural disaster or other major event and Guest needs to cancel within 45 days of arrival. Owner strongly advises Guest to purchase CFAR (Cancel-For-Any-Reason) Travel Insurance. The Owner is not responsible for Guests inability to arrive, or if Guests chooses to depart early for any reason, or if members of Guests party do not show up. Owner is not responsible or liable nor deemed in default of this Agreement for any failure to perform or delay in performing any of its obligations due to or arising out of any act not within its control, including, without limitation, acts of God. There are no refunds for earthquakes, wildfires, storms or weather conditions, or business “shut-down” orders by state or county health officers even if a mandatory evacuation is ordered. Without trip insurance, Guest assumes the risk of any such acts of God.
11. HOLD HARMLESS
Owner expresses no guarantees, express or implied, regarding suitability or fitability for any particular purpose. Owner will use its reasonable best efforts to make the appropriate repair and/or replacement of any problems with the Unit as soon as possible under prevailing circumstances. It is Guest’s responsibility to immediately notify Owner of any issues that they incur during their stay so that the repair and/or replacement may be promptly taken care of. Owner is not responsible for any inconveniences for which Owner has no immediate control. These inconveniences may include, but are not limited to, the following: (i) breakdown of televisions, hot tubs, saunas, and/or other recreational appliances or devices; (ii) power outages; (iii) adverse weather and/or road conditions; (iv) construction in the area; (v) wildfires; and (vi) Unit that is not decorated and/or accommodated to Guest’s individual tastes. Owner shall not be held liable, or otherwise take any responsibility, for any injuries that may occur to Guest, and/or Guest’s visitors or invitees, that is caused or permitted to be caused by the intentional, unintentional, negligent, or careless acts of said Guests, and/or Guest’s invitees or visitors.
By the written or electronic endorsement of this Agreement, Guest agrees to forever hold-harmless and indemnify Owner from any liability and/or responsibility for any liabilities, theft, damage, personal injury, cost or expense whatsoever arising from or related to any claim or litigation which may arise out of or in connection with Guest or Guest’s invitees’ and visitors’ use and occupancy of the Unit or the failure of Guest or Guest’s invitees or visitors to observe the House Rules.
12. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, SHALL OWNER BE LIABLE TO GUEST, GUEST INVITEES, GUEST VISITORS OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR GUEST’S RENTAL OF THE UNIT. IN NO EVENT WILL OWNER BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNTS ACTUALLY PAID BY GUEST IN CONNECTION WITH THIS AGREEMENT EVEN IF OWNER SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
13. ASSUMPTION OF RISK
Any persons using the recreation center, common areas, pool, hot tubs or sauna should do so at their own risk and Owner assumes no responsibility for accident or injury. No one should swim alone and Guest holds Owner harmless from any and all bodily injury and/or property damage incurred on the property. Guest understands that no special efforts have been made to “childproof” the Unit and Guest accepts the risk of harm to any children that Guest allows in the Unit and on the property. These risks include but are not limited to the ocean, cliffs, wildlife, pool, hot tub, adjacent streets, cleaning supplies in the Unit, plants in the Unit or outside the Unit that may be poisonous and use of the patio and courtyard.
14. REMEDIES IN EVENT OF DEFAULT
In the event of default of this Agreement, particularly but not limited to Guests “holding over” or those acts prohibited by this Agreement, and in addition to other rights and remedies Owner may have at law, Owner shall have the option to immediately re-enter and remove all persons and property from the Unit. In such instances, this Agreement will be terminated and Owner shall be entitled to recover all damage allowable by law. Guest, as part of the considerations of this special rental, in recognition that this Unit is booked in advance by other guests throughout the year, hereby waives all claims for damages that might be caused by Owner re-entry and taking possession of the Unit or removing or storing property and will hold Owner harmless from any loss, costs and damages. No re-entry will be considered or constructed to be forcible entry as defined in the California Civil Code or other similar statutory provisions. Further, if for any reason, Owner is unable to deliver possession of the Unit to Guest at the commencement of the rental term, Owner shall refund amounts paid by Guest but shall not be liable for any other damages caused thereby.
Owner respects the privacy of every individual who applies to rent the Unit. Owner only processes and uses the personal information obtained from Guest for the specific business purposes that Guest has authorized in connection with this transaction and based on this Agreement. Owner does not sell any customer information to third parties.
16. GOVERNING LAW
This Agreement and all transactions contemplated by this Agreement shall be governed by and construed and enforced in accordance with the law of the State of California. Any civil action or legal proceeding arising out of or related to this Agreement shall be brought in the courts of record in the State of California in Sonoma County.
17. ENTIRE AGREEMENT
THIS AGREEMENT COMBINED WITH ANY AND ALL COMMUNITY AND HOUSE RULES AND REGULATIONS (IF APPLICABLE) SERVES AS THE ENTIRE AGREEMENT. NO ADDITIONAL PROVISIONS ARE EXPRESSED NOR IMPLIED. THIS AGREEMENT SUPERCEDES ANY AN ALL PREVIOUS ORAL AND/OR WRITTEN, EXPRESS AND/OR IMPLIED AGREEMENTS. UPON WRITTEN OR ELECTRONIC ENDORSEMENT, GUESTS AGREE THAT THEY HAVE READ AND UNDERSTOOD THIS AGREEMENT, AND ACCEPT ALL TERMS, CONDITIONS, COVENANTS AND RESTRICTIONS, WITHOUT EXCEPTION.