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

Rental Terms Conditions

“PLEASE READ THOROUGHLY – ONLINE RESERVATIONS ARE NOT VALID UNTIL AFTER APPROVAL BY MANAGEMENT. All Rental terms consider the vacation rental property located on 38750 Celita Circle, Temecula CA 92592.

***UPON CHARGE OF A VALID CREDIT CARD TENANT AGREES TO ANY AND ALL TERMS AND CONDITIONS LISTED HERE. “

Excessive noise, house parties, or violation of any of the terms of this agreement will be grounds for imposition of a minimum $1000.00 fine and/or immediate termination of occupancy and/or forfeiture of the Security Deposit.

Tenant/Guest agrees to closely read and abide by the Terms of the Agreement and assumes the responsibility to ensure their guests and any visitors abide as well. As consideration for the booking and use of Vacation Rental Property during the lease term, Tenant agrees to pay Manager for all items specified.

RESPONSIBLE PARTY: Manager and Tenant agree as follows: Tenant is an adult at least 25 years of age (Valid government I.D. must be presented upon request) and will be an occupant of Vacation Rental Property during the entire reserved period, unless other arrangements are approved in writing by Manager. Tenant assumes responsibility for all actions of other occupants and guests. Persons not falling within the foregoing categories will be required to vacate the Vacation Rental property immediately without any refund. 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.

Vacation Rental Damage Protection: As a part of your stay, you may purchase a Vacation Rental Damage Protection plan designed to cover unintentional damages to the rental unit interior that occur during your stay provided they are disclosed to management prior to check-out. Any damages that exceed the policy limit or are not covered under the plan will be charged to the credit card on file

RESERVATION TRANSFERS: Should the “tenant” of this agreement need to transfer the contract reservation to another “tenant,” a new contract will be generated with a valid government I.D and all rules would apply.

CHECK IN: Early check-in is allowed only with prior written approval and agreement of early check-in fee amount. Keys or entry code will be provided once all fees and charges have been collected. If for some reason, the home is not ready for check-in you will be notified. Please do not attempt to check-in or visit the home prior to notification that the home has been cleared for check-in as it may result in further delays. Once you arrive at the vacation rental property, please notify Manager so we may follow-up and make sure everything is to your satisfaction.

APPROVAL IS REQUIRED from Manager for late check-out. A fee may apply for each hour (or portion thereof) past the required check out time and Tenant will be liable for any additional damages incurred, but not limited to the cost of alternative housing for arriving guests.

CHECK OUT / CLEANING PROCEDURES: Each vacation rental property will be inspected, sanitized and cleaned prior to your arrival and after your departure. The cleaning fee you have paid will provide for normal cleaning at check-out so that you can enjoy your vacation up to the last moment. Adhering to the Check-Out Time is very important to ensure the cleaning and maintenance crew can prepare the unit for the next guest’s arrival. Tenant is required to leave the property in the same general condition at Check-In meaning:

a) Any debris, rubbish and discards removed from the home.

b) Dishes cleaned and put away.

c) Strip all used beds and place linens and towels on the floor, not in the bathtub.

d) Put back any furniture or items that have been rearranged (inside and outside home).

e) All remote controls left in the rooms with the TV’s in plain sight ( in original places they were left for you)

f) Refrigerator and unit should be left clean and free of perishable food.

g) Any items, lounge chairs equipment, etc. cleaned and put back in place.

h) BBQ cleaned with brush. Gas turned off.

i) Turn-off lights, heater, air conditioner, fans, appliances, etc.

j) All doors and windows closed and locked.

k) Leave keys, garage openers and parking passes (if applicable) on the kitchen table.

l) If unit has a lock-box, return keys to the lock-box.

If additional cleaning is required, fees will be deducted from your security deposit or your credit card on file at the rate of $150 per hour. A $75 per item fee will be charged for each lost key, garage door opener and remote control that is damaged or not left at the Property upon check-out.

OCCUPANCY: Tenant understands and agrees that Vacation Rental Property shall be occupied by no more than the number of individuals (including children and infants) indicated on this agreement, and day/evening guests are limited to 10 persons. A charge of $50 per day per person per night may be imposed for excess occupancy. All day/evening guests must vacate the premises by 10:00 p.m. Should Tenant wish to entertain or have more than designated number of guests; Tenant must obtain pre-approval by Manager in writing. Tenant’s request must be received by Manager no less than five (5) days prior to the day of the event. At Manager’s discretion, Tenant’s request may be denied or modified. An additional event agreement is required for larger gatherings or events, and a fine imposed if pre-approval is not secured.

AMENITIES: The property is fully furnished and includes bedspreads, linens, blankets, pillows, towels, as well as an equipped kitchen. Furnishings and amenities may or may not be the exact same as represented due to replacement, substitution or other reasons. Under no circumstances may any furniture be removed from the house. Personal toiletry items and, soap, dish detergent, laundry soap, shampoos, and other consumables are to be provided by the Tenant. Since only a limited supply of toilet paper, paper towels, and other dispensable items are provided, Tenant should plan to shop to replenish these items as necessary. No reimbursement will be made for unused consumables left at the premises. Manager assumes no responsibility for the quality or contents of any food products left on the premises and Tenants use and/or consumption of same shall be at its and its guests own risk(s). Towels (except beach towels, if provided) and linens are not to be taken from the units. Tenants Security Deposit will be used for replacement of any missing or damaged items other than consumables.

TELEPHONES: Landline phones are not provided.

SUBLEASING: Tenant shall not sublet the property.

DISTURBANCES: Tenant and their guests shall behave in a civilized manner and shall be good neighbors respecting the rights of the surrounding property owners and shall not create noise or disturbances that interfere with the quiet enjoyment of their property. Creating a disturbance of the above nature shall be grounds for fines and/or immediate termination of this agreement, forfeiture of rent and deposits and Tenants shall then be required to immediately vacate the premises. Quiet hour starts at 10 PM and patio (if applicable) and outdoor noise should be kept to a minimum regardless of the hour and in compliance with the Riverside County, Temecula Wine Country or other local Noise Ordinances.

TENANT’S NOTIFICATION RESPONSIBILITIES: Upon arrival, Tenant agrees to examine the Unit, all furniture, furnishings, appliances, fixtures and landscaping, if any, and shall immediately report to Manager if any are not in operating condition or in disrepair. Tenant also agrees to immediately notify Manager of any occurrences that may cause damage to Property or adjacent units and to take any measures as are reasonable to mitigate damage, and be responsible for damages for failure to do so. Tenant acknowledges that unless Manager is notified on day of check-in of any damage or cleaning concerns, Tenant will be liable. Any and all damages, breakage, lost or missing items or concerns to the Unit during the occupancy will be Tenant’s responsibility and must be reported to Manager and paid prior to departure. Manager has the right to deduct appropriate sums from the security deposit or credit card on file if damages exceed Security Deposit Amounts or is not covered by the travel insurance.

GARBAGE: Tenant shall dispose of all waste material generated during the rental period in a lawful manner and put the trash in the exterior trash bins provided for pickup. Tenant is cautioned not to leave trash outside or leave any garbage open in trash bins during or at time of departure it attracts wild animals.

SMOKING: No smoking of any kind is allowed in the unit. If smoking does occur on the premises, Tenant is responsible for all damage caused by the smoking including, but not limited to, stains, burns, ODORS and removal of debris. Smoking inside the unit by Tenant or guests is a breach of this agreement and occupants may be required to vacate the premises and forfeit the right to return of any Security Deposit if any. Smoking inside is grounds for an immediate eviction. THERE WILL BE A MINIMUM $2000 CHARGE TO LESSEE’S SECURITY DEPOSIT OR CREDIT CARD ON FILE. At no time is marijuana smoking allowed.

PETS: Pets are prohibited unless a separate Pet Addendum has been signed in advance of occupancy. In case of a Service animal inquiry all proper paper documents must be sent in 5 days prior to arrival and approved by management. If an unauthorized pet is found on the premises, Tenant is responsible for any and all damage caused by pet(s), including pet allergen remediation, noise complaints arising a pet barking, or bodily injury caused by a pet. Under no circumstances is the property owner or Manager responsible for any illnesses or otherwise that a pet may encounter while inside or outside the property. Unauthorized pets on the premises constitute a breach of this agreement and occupants may be required to vacate the premises, and Tenant will forfeit the right to return of any Security Deposit and is subject to fines on their Credit Card on File!

TRANSIENT OCCUPANCY: Tenant expressly acknowledges and agrees that this Agreement is for transient occupancy of the Property, and that Tenant does not intend to make the property a residence or household.

OWNERS PROPERTY: Tenant agrees not to access the “owner’s closet”, even if unlocked, which contains owners personal property and may contain cleaning supplies and chemicals that could be hazardous to children and adults.

FIRE EXTINGUISHER: The property is equipped with a minimum of one (1) fire extinguisher. The fire extinguisher was fully charged at last inspection. It is the duty of the tenant locate fire extinguisher, notify all other occupants and guests of the location, and to inform management immediately should the fire extinguisher be missing, or be less or become less than fully charged.

SMOKE DETECTORS/ CARBON MONOXIDE DETECTOR: The property has smoke detectors and a carbon monoxide detector installed and they are believed to function properly at the time of rental. Tenant will notify management without delay if detectors are missing, uninstalled, “chirps” or have a low battery condition.

PARKING: Please do not block any neighbors during your stay or park on grass areas.

SECURITY: Tenant shall see to their own and to the Property security by locking doors, windows, garage doors, etc. when it’s prudent to do so and always when all guests are absent or the property is vacated.

NEW LOCKS OR ALTERATIONS: Tenant shall not make or permit to be made any alterations to the Premises or change or add any lock without prior consent of Manager.

LOST ITEMS: Manager shall have no responsibility for lost, stolen or abandoned items. Every reasonable effort will be made to contact the Tenant for return. There will be a $25.00 charge plus shipping costs for any items returned at Guest’s request. Manager shall not be held liable for condition of said items. If items are not claimed for longer than 21 days, they shall become the property of the Manager.

CABLE/INTERNET/SATELLITE: If provided, no refund of rents shall be given for outages, content, lack of content or personal preferences with regard to cable/internet/satellite service. Services are provided as a convenience only, and are not integral to this agreement. No refund of rents shall be given for outages, content, lack of content, speed, access problems, lack of knowledge of use, or personal preferences with regard to service.

AIR CONDITIONING / HEATING: Tenant agrees that Air conditioning shall not be set below 69 degrees and heat shall not be set above 73, and that the fan setting shall be “Auto”. Doors and windows shall be closed when either heat or air conditioning is in operation. All systems should be shut off and to its original condition prior to departure or fees may apply.

SYSTEM(S) FAILURES: In the event the rental unit sustains a failure of a system, including but not limited to water, sewer, septic, electrical, gas, plumbing, mechanical, appliances, heat pump, ventilating or other system or structural systems, neither the property owner nor the Manager shall be liable to Tenant for damages, and no refunds will be given for such failures. However, Manager will make an effort to promptly repair or replace the failed system or equipment, and in such event, Tenant agrees to permit Manager or its service provider to have reasonable access to the property to inspect and make such repairs.

NOISE: Tenant is aware that the property is located in the Temecula Wine country in Riverside County and is therefore subject to noise from adjacent residences/businesses.

UNFORESEEN OCCURRENCES: Manager does not accept liability for any loss or damage caused by weather conditions, natural disasters, pests, construction, acts of God, or other reasons beyond its control. There shall be no refunds of rents because of shortened stays or ruined expectations due to work and family emergencies or other reasons. It is highly recommend that Tenant consider the purchase of travel insurance.

SALE / LEASE OF PROPERTY: If unit is actively listed for sale or lease, Manager may notify guest to schedule and show property.

RESERVATIONS ARE NOT FULLY GUARANTEED: If for some unforeseeable circumstance, the Vacation Rental Property is not available or becomes unavailable or uninhabitable prior or during your stay, every effort will be made to locate substitute accommodations with an equal number of bedrooms. If the substituted property rents for more for the same period or remaining period, respectively, there will be no additional charge. However, if the substituted property rents for less for the same period, the difference will be refunded to Tenant.

TERMINATION: If Guest or any member of Guest’s party or visitors violate the terms of this Agreement, Manager may terminate this Vacation Rental Agreement with no refunds. Manager has the right to inspect the premises without prior notice at any time to enforce the terms of this agreement. Should the Tenant or their guests use the unit for any illegal or unlawful purpose including, but not limited to the possession, serving, or consumption of alcoholic beverages by persons less than 21 years of age, house parties or keg parties, beer pong, or use of common areas in a manner contrary to the provisions of this agreement, or the rules of the homeowners association, the rental period shall be terminated immediately with no refunds and additional fees will apply. The Tenant shall waive all rights to due process for failure to vacate the premises upon termination of the rental period. Manager or its agent may enter the premises and remove Tenant, the members of Tenant’s party, and their belongings. Tenant is notified that all individuals occupying the Unit will be subject to immediate eviction procedures under State law. IF LAW ENFORCEMENT IS DISPATCHED TO PROPERTY DUE TO ANY ILLEGAL ACTIVITY OR DISTURBANCES EMANATING FROM THE PREMISES OR GROUNDS, THERE WILL BE A MINIMUM $500 CHARGE TO LESSEE’S SECURITY DEPOSIT OR CREDIT CARD, AND SUCH AN OCCURRENCE WILL BE CONSIDERED GROUNDS FOR IMMEDIATE EVICTION.

AGENCY: It is mutually understood and agreed that Manager is acting as Agent only for the property owner and has no liability to either party for the performance of any terms or covenant of this agreement. Furthermore, Tenant understands Manager is being compensated in this transaction by the property owner and is contractually obligated to protect the interest of same. Manager hereby discloses to Tenant should Tenant elect to purchase travel insurance protection or damage insurance through Manager, Manager may be compensated by provider(s) for cooperation in the transaction.

HOLD HARMLESS: The Tenants and Tenants’ Guests shall hereby indemnify and hold harmless the Manager and property owner against any and all claims of personal injury, property damage or loss arising from use of the premises regardless of the nature of the accident, injury or loss. Tenants expressly recognize that any insurance for property damage or loss which the Landlord may maintain on the property does not cover the personal property of Tenants, and that Tenants should purchase their own insurance if such coverage is desired. Any and all injuries must be reported to the Manager immediately. Claims arising after your departure date will not be honored.

ADDITIONAL TERMS AND CONDITIONS: The undersigned, for himself/herself, his/her heirs, assignors, executors, and administrators, fully releases and discharges Manager and Owner from any and all claims, demands and causes of action by reason of any injury or whatever nature which may have occurred to the undersigned, or any of his/her occupants or guests as a result of, or in connection with the occupancy of the premises and agrees to hold Manager and Owner free and harmless of any claim or suit arising there from. In any action concerning the rights, duties or liabilities of the parties to this agreement, their principals, agents, successors or assignees the prevailing party shall be entitled to recover reasonable attorney fees and costs.

WRITTEN EXCEPTIONS: Any exceptions to the above mentioned policies must be approved in writing by a Manager in advance.

DISPUTES: under this Agreement shall be governed by and interpreted in accordance with the laws of the State of California. Any action relating to this Vacation Rental Agreement shall be filed only in the County of Riverside in Temecula Wine Country in California in which county the Unit is located. Both parties consent to the exclusive venue and jurisdiction of such court. Tenant agrees to pay all reasonable costs, attorney’s fees and expenses that shall be made or incurred by Manager enforcing this agreement.

Facsimile signatures are deemed original signatures.

CREDIT CARD AUTHORIZATION: Tenant agrees to provide Manager with a valid credit card and Manager is authorized to charge any rental amounts due, security deposits, taxes due, fines, and any and all amounts above and beyond the Security Deposit and not covered by the Insurance Plan for extra cleaning, missing and or damaged items and property.

If you have any questions about these terms, contact Evolve Vacation Rentals.