RENTAL AGREEMENT
This Rental Agreement and Contract (the
“Agreement”) is a legally binding agreement made and entered into as
of the Reservation Date, by and between the person(s) or company
(the “Guest”) and the owner, manager or agent (“Rental Agent”),
pursuant to which the Guest has agreed to rent the residence
described below (the “Property”), for the duration of the Rental
Term for the Total Rental Fee and other good and valuable
consideration as described herein. Payment of a
deposit on the property will serve as a digital signature indicating that
the Guest has agreed with the terms outlined in the Rental
Agreement.
Up to 30 days before check-in date: 1/2 of
deposit refunded.
30 days or less before
check-in date: No refunds
Any deposits paid
prior to cancellation can be applied in full to future open dates.
Guest agrees that no more than 10 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. Children of any
age are considered 1 guest and count toward the 10 registered guests
maximum that can be allowed on the property at the same time.
The Property is provided in “as is” condition.
Rental Agent shall use its best efforts to ensure the operation of
all amenities in the Property, such as internet access, satellite or
cable TV access, as applicable. Rental Agent
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 docks, decks, waterfront areas 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 excessive loud noise, comply
with noise ordinances after 10:00 pm, 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, ordinance, nor commit waste or nuisance on or about
the Property.
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.
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.
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 Rental Agent shall not be responsible or liable
for any reason whatsoever.
Guest hereby covenants and agrees to indemnify
and hold harmless Rental Agent and their agents, owners, 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 Rental
Agent harmless in all such cases.
Guest hereby waives and releases any claims against Rental Agent, the Property 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 INSPECTIONRental Agent 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 Rental Agent has a reasonable belief that there is
imminent danger to any person or property, Rental Agent may enter
the Property without advance notice. Rental Agent
may also allow authorized County or State inspection agents, or law
enforcement agents to enter the property on demand.
In the event the Property is not available for use during the Rental Term due to reasons, events or circumstances beyond the control of Rental Agent, Rental Agent will apply due diligence to return all payments made by the Guest, whereupon this Agreement shall be terminated and Guest and Rental Agent shall have no further obligations or liabilities in any manner pertaining to this Agreement.
ADDITIONAL TERMS TO THE RENTAL AGREEMENTIn addition to the standard terms included
herein, Guest acknowledges and agrees that the following additional
terms and conditions apply to the Guest’s rental of the Property:
No pets are allowed, and there is no smoking indoors.
A cleaning fee shall be assessed if evidence of pets or
indoor smoking is found, plus additional costs for any physical
damages made by pets or smokers to structures or furnishings.
Check in time is 4:00 p.m., check out time is 11:00 a.m..
This Agreement contains the entire agreement
between the parties with regard to the rental of the Property, and
any changes, amendments or modifications hereof shall be void unless
the same are in writing and signed by both the Guest and the Rental
Agent. This Agreement shall be governed by the
laws of the State of Minnesota. The words “Rental
Agent” and “Guest” shall include their respective heirs, successors,
representatives. The waiver or failure to enforce
any breach or provision of this Agreement shall not be considered a
waiver of that or any other provision in any subsequent breach
thereof. If any provision herein is held invalid,
the remainder of the Agreement shall not be affected.
Any notice required to be given under this Agreement shall be
in writing and sent to the contact information included herein.
This Agreement may be signed in one or more counterparts,
each of which is an original, but taken together constitute one in
the same instrument. Execution of a digital
signature shall be deemed a valid signature.