Rental Agreement


Please click here to view the Rental Agreement for bookings made between 12/18/19 and 12/6/20.

Please click here to view the Rental Agreement for bookings made before 12/18/19.

Welcome and thank you for booking your vacation rental through Evolve Vacation Rental Network.

Please be sure to read this rental agreement (the “Agreement”) in its entirety, as well as our website Terms & Conditions, Privacy Policy, and Inclusion and Community Behavior Policy. The vacation rental property you have selected (the “Vacation Rental”) may have additional rules, policies, terms and conditions that apply to your stay, which are found in the description section(s) of the Vacation Rental listing. If you are booking your Vacation Rental through a website other than the Evolve site, your reservation may also be subject to that website’s terms and conditions.  Among others, this Agreement contains the following important terms:

  • Any payments you make are non-refundable. Please read the cancellation policy carefully before booking and consider purchasing travel insurance (Section 2).
  • Depending on certain circumstances and at Evolve’s sole discretion and goodwill Evolve may issue you a future travel credit for use at properties within the Evolve network as your sole and exclusive remedy (which are subject to certain restrictions set forth at issuance including that travel credits are non-transferable and must be used 2 years from issuance).   
  • You are releasing Evolve and the homeowner from certain types of liability and agreeing to assume certain risks on behalf of yourself and each individual present during the stay (Sections 12 & 13); you are aware that traveling may increase your risk of contracting COVID-19.
  • This Agreement requires claims to be resolved through Arbitration (Section 17).
  • This Agreement contains a Jury Trial wavier and a Class action waiver (Section 19).

By clicking “Book Now” you are acknowledging and agreeing to each term included in this Rental Agreement, which specifically includes each of the above-described terms and conditions, as well as any applicable rules, policies, terms or conditions specific to your selected property:

  1. BOOKING TRANSACTION. This Agreement is between Evolve Vacation Rental Network, Inc. (“Evolve”) and the individual completing this booking transaction for the Vacation Rental (“you” or “Guest”). Evolve represents the owner of the Vacation Rental (your “Host”). Evolve provides the Vacation Rental subject to the terms of this Agreement. You agree that you will be present at the Vacation Rental for the entire duration of the reservation and that you will be responsible for the actions and behavior of each individual present at the Vacation Rental during your stay. This includes ensuring everyone in your party or otherwise present at the Vacation Rental (each an “occupant”) is aware of and in compliance with the terms identified in this Agreement. If you are bringing a minor as an occupant, you acknowledge and agree that you are solely responsible for the supervision of that minor throughout the duration of your stay and agree to the terms of this Agreement on each minor’s behalf.

  2. PAYMENT TERMS & CANCELLATION. The total amount due, including the base rates, taxes, and fees are displayed on the checkout webpage for the Vacation Rental. A portion of your total payment may be due upon checkout, as indicated in the “amount to be charged now” line. The balance is due prior to arrival within the schedule indicated on the reservation webpage. Please review these amounts carefully. You may cancel your booking at any time, however, all amounts that have been paid prior to your cancellation will be non-refundable unless specifically indicated otherwise at checkout. Please review the specific cancellation and refund terms in the listing you are reserving prior to checkout as exceptions will not be made once your reservation is confirmed.

  3. HOUSE RULES & POLICIES.  The Vacation Rental may have specific rules and policies regarding pets, smoking/vaping, quiet hours, parking, pool and/or hot tub usage, and other local, HOA, or property regulations. These rules are detailed in the description section of the Vacation Rental listing, in an Exhibit A attached hereto, or as otherwise delivered to you, and are incorporated into this Agreement. Please review these terms carefully, as violation(s) may result in additional fees or the immediate removal of you and other members of your party from the Vacation Rental without refund. Further, violation of any law or ordinance by any individual at the Vacation Rental during your reservation will result in the immediate removal of you and other members of your party from the Vacation Rental without refund.

  4. ARRIVAL DETAILS & CHECK-IN/CHECK-OUT. Once your booking has been paid in full, you will receive contact information for the primary contact for your stay (your “Guest Contact”). Check-in and check-out times will be communicated to you prior to your arrival, unless otherwise set forth in the description of the Vacation Rental. Please confirm your expected arrival time with your Guest Contact. If you or any member of your group fails to vacate the Vacation Rental at the designated check-out time, you grant Evolve the right to charge the credit card number used to book the Vacation Rental for an additional night. Further, Evolve, the Host or the Guest Contact may initiate any and all proceedings necessary to remove you, your occupants, or your belongings from the Vacation Rental.

  5. DAMAGE. In lieu of a security deposit Evolve charges a fee for an accidental rental damage waiver. This fee and the related terms, conditions, and waiver amounts are set forth on the Vacation Rental detail webpage and the checkout webpage and are incorporated into this Agreement. Any damage to the Vacation Rental must be reported to Evolve and the Guest Contact before check-out. You agree damage not covered by, or exceeding the limit of, the accidental rental damage waiver is your full responsibility. This may include damage or loss occurring during your stay, violations of house rules or policies, additional cleaning fees, and/or any fines or other costs incurred by the behavior of you or any other occupant during your stay in violation of laws or other regulations. You grant Evolve the right to charge the credit card number used to book the Vacation Rental for any such damages, including, but not limited to, additional cleaning fees. To ensure that the proper party is held responsible, please notify your Guest Contact of any damage found at check-in.

  6. FEES & ADDITIONAL SERVICES. All mandatory and optional booking-related fees will be disclosed in the Vacation Rental listing. If you fail to select any option(s) that incur additional fees applicable to your stay (e.g., pet fees, pool heating fees, etc.) and it is later discovered that you should have paid for such option(s), you grant Evolve the right to charge the credit card number used to book the Vacation Rental for the associated additional fees.

  7. MAXIMUM OCCUPANCY.

    a) The maximum number of people that may occupy the Vacation Rental is indicated in the listing description. For clarification, this number applies to all overnight guests, day visitors and children. Unless otherwise approved by Evolve in writing, occupancy over the indicated capacity may result in the immediate removal of you and other members of your party from the Vacation Rental and forfeiture of all amounts paid.

    b) Parties and large gatherings are not permitted at the Vacation Rental under any circumstances. Conduct of unauthorized parties or gatherings may result in your removal from the property without refund and Evolve may contact local law enforcement when appropriate. You agree to respect the Vacation Rental, neighbors, the surrounding community and to follow all applicable laws, regulations, ordinances and rules, including noise ordinances. You agree to conduct yourself in a manner that does not disrupt neighbors or community members.

  8. CONDITION OF THE PROPERTY. Your Host cares very much about their Vacation Rental and strives to keep it in excellent shape. If you notice any problems, hazardous conditions, housekeeping issues, or maintenance issues, please notify your Guest Contact immediately. If the Vacation Rental is not in the condition represented in the rental listing, Evolve may, in its sole discretion, offer an appeasement; provided, however, that in no event will such an appeasement exceed the amount you paid for the reservation. You hereby acknowledge that if the Vacation Rental has access to shared amenities, the repair and maintenance of such shared amenities is not within Evolve’s or Host’s responsibility or control.

  9. HOST ACCESS. You agree to allow your Host, Guest Contact, and/or their agents reasonable access to the Vacation Rental during your stay if requested. Such access may be necessary to resolve maintenance related issues you report. In the event of an emergency, the Vacation Rental may be accessed without prior notice or permission.

  10. CLEANLINESS. You are expected to treat the Vacation Rental with respect, keeping in mind that this is an individual’s home, not a hotel room. You are expected to leave the Vacation Rental in a clean, neat, and orderly condition and respect the Host’s requests regarding check-out procedures.

  11. CANCELLATIONS/UNFORESEEN CIRCUMSTANCES.

    a) UNFORESEEN CIRCUMSTANCES/FORCE MAJEURE. All funds paid to Evolve are non-refundable unless stated otherwise (Section 2) and no refunds will be due in the event your stay at the Vacation Rental becomes impossible for a reason outside Evolve’s or Host’s control, including natural disasters, fire, epidemic, pandemic, federal, state, or local quarantine, civil commotion, changes in laws or regulations, evacuation orders, or other acts of government agencies. However, in such circumstances, Evolve may choose, in its sole discretion and as your sole remedy, to issue a travel credit of the amounts paid to Evolve as an act of goodwill. Any travel credits issued by Evolve will be subject to the terms set forth at issuance, including terms regarding expiration date and non-transferability. For purposes of clarification, inclement, unfavorable, or even severe weather is not considered a force majeure event under this provision and no refund or credit is due (or will be made) to you.

    b) CANCELLATIONS BY EVOLVE & SUBSTITUTION OF PROPERTY. In the event that Evolve or your Host cancels your booking for reasons other than those described in the Force Majeure section above, you will be notified as quickly as possible. In such cases, Evolve, in its sole discretion, may provide the option to substitute a comparable property selected by Evolve or refund 100% of any amounts paid to Evolve. If you accept the substitute property, all rules, policies, terms and conditions specified in the description section for the substituted property shall apply, even if they differ from your original reservation. Evolve highly recommends that you purchase Travel Insurance to protect against certain types of cancellations, among other risks. Other than providing a refund in its sole discretion, Evolve is not responsible or liable for cancellations or any costs associated with cancellations.

  12.  INDEMNITY & HOLD HARMLESS. You agree to indemnify and hold harmless your Host and Evolve, for any liabilities, claims, damages, injuries, costs or expenses whatsoever arising from or related to your use and/or occupancy of the Vacation Rental, including, but not limited to, any claim or liability for personal injury, damage, or loss of any kind resulting from your actions or omissions, and the actions or omissions of other occupants, during or relating to your stay.

  13. ASSUMPTION OF RISK. You and anyone using the Vacation Rental during your stay accepts and assumes all risks involved in or related to the use of the Vacation Rental and surrounding property, the pool, hot tub, or any other body of water (including but not limited to a lake or an ocean at or adjacent to the Vacation Rental), any water-related activities, features on the property, activities participated in during your stay on or off the property, amenities provided at the property, or third-party transportation vendors, as applicable, whether or not disclosed in the listing. You understand that travelling and staying in a vacation rental property may increase the likelihood of contracting an infectious disease, such as COVID-19, and you voluntarily assume that risk. You further accept and assume all risks involved in or related to any recreational equipment of any kind, including but not limited to beach or pool equipment, golf cart, bicycles, docks, boats, paddleboards or other floating devices, game or sports equipment, as applicable. You are responsible for determining your fitness for participating in any features or activities during your stay and your ability to fully understand and comply with any directions, warnings, laws, or regulations presented. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU KNOWINGLY, VOLUNTARILY AND FREELY ASSUME ALL RISKS, BOTH KNOWN AND UNKNOWN, OF THE ABOVE DESCRIBED ACTIVITIES, AND YOU ASSUME FULL RESPONSIBILITY FOR PARTICIPATION IN ANY SUCH ACTIVITIES.

  14. ATTORNEY’S FEES & COSTS.If Evolve or your Host employs the services of an attorney or attorneys to enforce any terms or conditions of this Agreement, you shall be liable to Evolve or your Host, as applicable, for reasonable attorney’s fees and costs incurred.

  15. FALSIFIED BOOKINGS.If your booking was made under false pretense, including, but not limited to, a falsified name, age or size of party, you will be subject to immediate cancellation of your reservation, removal from the property, and forfeiture of all amounts paid.

  16. LIMITED SHORT-TERM RENTAL. It is expressly understood and agreed that this is a short-term, transient vacation rental and is not a lease or other long-term residential tenancy agreement, and that the Vacation Rental is not intended to be utilized as a primary residence. This Agreement is only for the licensed use of the Vacation Rental for the stated reservation dates. It creates no property rights in you and no rights to renewal or for recurring usage. If you hold over after the expiration of your reservation dates, your extended stay, if authorized, will be from day-to-day only and will not constitute a renewal or an extension for any further term. In such case, you will be liable for paying for the additional day(s) at a rate equal to two (2) times the nightly rate set for the property on the dates of your holdover, plus the actual costs of re-accommodating future tenants that were scheduled to use the Vacation Rental during such dates. You may not sublet the Vacation Rental or any part of it and shall not assign any interest (in whole or in part) to this Agreement or any rights hereunder.

  17. ARBITRATION & ARBITRATION AWARD. If you have a dispute that arises from or relates to this Agreement or the Vacation Rental, and if the dispute cannot be settled through direct discussions, you agree to submit all unresolved disputes, controversies or claims to binding arbitration in Colorado administrated by the American Arbitration Association in accordance with its Commercial Arbitration Rules, to be conducted in Denver, Colorado or virtually, if consented to by all parties. ANY AWARD OF THE ARBITRATOR AGAINST EVOLVE CANNOT EXCEED THE TOTAL AMOUNT PAID FOR THE GUEST’S BOOKING AT ISSUE. YOU EXPRESSLY WAIVE ALL CLAIMS IN EXCESS OF, AND AGREE THAT YOUR RECOVERY SHALL NOT EXCEED, THIS AMOUNT. Any such award shall be in satisfaction of all claims by you against Evolve or the Host. Judgment on any award rendered in such arbitration can be entered in and enforced by any court having jurisdiction.

  18. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL YOUR HOST, EVOLVE, OR THEIR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND/OR OWNERS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR STAY AT THE VACATION RENTAL. THIS LIMITATION APPLIES TO ALL CLAIMS FOR DAMAGES WHETHER BASED ON A THEORY OF WARRANTY, CONTRACT, TORT (INCLUDING ORDINARY NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, EVEN IF EVOLVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

  19. CLASS ACTION & JURY TRIAL WAIVER. ANY AND ALL PROCEEDINGS TO RESOLVE CLAIMS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, THE PARTIES EACH WAIVE ANY RIGHT TO A JURY TRIAL.

  20. JURISDICTION & VENUE. This Agreement is made in, and shall be governed solely by the laws of, the State of Colorado without regard to conflict of laws principles. If for any reason a claim proceeds in court rather than arbitration, such action may only be brought in the state or federal courts in Denver, Colorado, and each party hereby submits to the exclusive jurisdiction of those courts for the purposes of any such proceeding.

  21. GENERAL TERMS.If any section, clause, paragraph, or term of the Rental Agreement is held or determined to be void, invalid, or unenforceable for any reason, all other terms, clauses, or paragraphs herein shall be severed and remain in force and effect. This Agreement shall be binding on and inure to the benefit of the parties hereto and on each of their heirs, executors, administrators, successors, and assignees. This Agreement or any rights hereunder may not be assigned (in whole or in part) by you. This Agreement is taken in full compliance with federal, state, and local Fair Housing Laws, without regard to race, color, religion, sex, country of origin, handicap, or familial status. This Agreement becomes binding upon receipt of your initial payment. Sending payment constitutes your acceptance and agreement to these terms, conditions, limitations, and restrictions.

EXHIBIT A – ADDITIONAL HOUSE RULES

Linens, Soaps, Toiletries, Firewood: Property owner provides an INITIAL SUPPLY of bath soap, toilet tissue, dishwashing soap, dishwasher soap, and paper towels. Additional supplies are the responsibility of the renter. We also provide bed linens and bath towels (not beach towels) for each rental. Kindling is NOT provided; we suggest you bring duraflame fire starters or kindling if you intend to burn the fireplace.

--------------------------------------------------------------------------------------------------------------------------------------------------------------------

Damage/Extra Cleaning: Property owner does a walk-through to assess the condition of the property before and after each rental. Upon your arrival, if you find anything broken or out of the ordinary, please call our office to report it; otherwise you may be deemed responsible. As renters, you must assume responsibility for any damage or the need for extra cleaning that occurs at the property during your stay that is not covered by Property Protection Program fee. Examples: stained carpets, furniture, or walls

--------------------------------------------------------------------------------------------------------------------------------------------------------------------

Hold Harmless: Property owner will not be liable for any damage or injury to you or any other person or to any property occurring on the premises during your stay. You further agree to indemnify and hold harmless the property owner for any claims based on personal injury or property damage sustained by any person during your stay. You are specifically advised that the property owner’s insurance will not cover damage to your personal property. You agree that property owner is not responsible for any loss or damage during the term of the rental contract. You agree to carry insurance covering all of your property located in the unit or bear full responsibility for its damage including damage from fire, water, theft, or any cause.

--------------------------------------------------------------------------------------------------------------------------------------------------------------------

House Rules:

• Place trash bags in trash cans located on the property. Trash is picked up Tuesday in the early morning (if your stay is during the week, please wheel the trash bins to edge of drive and move back after they're picked up)

• No smoking (outside only) Please pick up after yourself. If cigarette odor is present in the house then the traveler will be charged for ozone cleaning.

• Smoking is not allowed inside, only out side area and cigarette butts must be disposed of in the proper trash containers.

• Quiet hours after 10:00 PM

• No loud parties or large gatherings. Overnight guests are limited to the number listed on your rental agreement.

• No loud amplified music. Loud Noise is not allowed, respect the neighbors.

• No lifeguard is on duty. While swimming or boating have a buddy and have an adult present at all times.

• Children should not be allowed to eat or drink in the living areas (eating and drinking should only be in the kitchen or dining table area.) Upholstery is covered to help protect from accidental spills. Keep covered to help keep all travelers comfortable and to keep costs down.

• No jumping or standing on the furniture. Sofa, bed, chair, etc.

• Doors that are locked are locked for a reason. Travelers are not allowed access to these areas.

• No smoke or pets are allowed inside the house. If evidence of either one is found in the home traveler will be responsible for Ozone Re-purifying cost of $500. The Property Protection Program fee does not cover unauthorized pets or smoking. It is not considered accidental damage. Please respect other guests when they visit the home.

• Property owner will not be liable for any accident, personal injuries that might occur while in the house, on the property, or around the water area. We ask that you use common sense, be safe and have fun.

• Any violation of the house rules will result in eviction from the property, and forfeiture of any remaining days left on the rental agreement.

• There will be a $250.00 fine if the Sherriff’s office is called out because of violation of the “House Rules Rental Policy”. This could also result in eviction from the property, and forfeiture of any remaining days left on the rental agreement.

• Our home is in a residential housing community. Please respect and be courteous to the neighbors.

• Traveler will receive 2 sets of house keys. Return keys to the lock box at checkout.

• Above all have fun and enjoy your vacation.

• Do not attempt to drop your watercraft in to the water off our or neighboring property. Look in the house jotter for the closest public boat ramp drop.

• Bed bugs – This home is a non-bed bug environment. We ask that our guest coming to stay at our home to make the proper preparation with their luggage before arriving. For more information please reach out to local contact prior to arrival

• Accidental damages – We understand there are accidents that do happen ( That is why you have renters insurance. ) If something does get broken please take a picture of it and text it to 214-997-4462 and place the broken item in the closet of bedroom 1. Please fill out damage item claim report.

• Registration - A registration form sent by the owner 3 days prior to check-in is required to be filled out and returned before arrival.

• Parking - all guests must park only on the property in the driveway. If you need additional parking spaces, guests can park on Berrylanding on the property's side of the street.

•The property is private as signs posted indicate - please inform the local contact of anyone that is not a guest that is trespassing. This is for your protection!

•Exotic cooking spices are not permitted - if odor of spices is present the traveler will be charged for Ozone cleaning

•The septic system is sensitive, please do no over fill with paper or put food down the kitchen drain. Please dispose of food in the trash can.

•Do not pour grease in the drains

•There is a shoe box outside for dirty shoes and a feet wash bucket and towel, please clean any dirty feet before going inside

•Please remove outdoor cushions if it begins to rain, for later enjoyment

•Please water the patio plants every other day if your stay is longer than two days.

•Red patio umbrella - please close and tie when it is windy or not in use

•Upholstery is covered to help protect from accidental spills and sticky fingers. Keep covered to help

•Stay within the property line: Your lakefront is from the Brick patio on the west to the end of the Wooden boat slip on the East. Some neighbors have issues with property lines.

● The decorative bed accessories, pillows, comforters are not for sleeping - please remove put in closet. Extra useable sleeping linen are found in the closet of each bedroom. ( if stains are found on the decorative bed accessories you maybe charge a dry cleaning fee.

● Re­useable items in the house are for your enjoyment, other non re­useable items maybe for sale, like Firewood. Contact the local contact if you have question on non re­useable or read the house Jotter.

● The Basket of fire logs by the fire place is for our guest to use if needed. There will be a $ 25.00 charge to your credit card if you decided to use the wood.

● Do not throw left over food outside on the ground {This will attract wild animals ) Put in trash bag into the outside trash bins.

● Cooking outside: If you plan on using a Deep Fryer (Do not use on patio deck) use on graded area 5ft from any wood structures or dried grass areas.

● Follow all house rules