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

EXHIBIT A

ADDENDUM TO RENTAL AGREEMENT

 

This ADDENDUM TO RENTAL AGREEMENT (“Addendum”) is attached to and made a part of that certain Rental Agreement dated ___________________________, 2018 (referred to herein as “Rental Agreement” or “Agreement”) entered into by and between ___________________________ (“Landlord” or “Host”) and _____________________________________________________ (collectively or individually, “Tenant”).  In the event of a conflict between the terms and provisions of the Rental Agreement and this Addendum, the terms and provisions of this Addendum will control.  Unless otherwise defined herein, or unless the context otherwise requires, capitalized terms used in this Addendum shall have the meaning given to them in the Rental Agreement.  The Rental Agreement and this Addendum may be collectively referred to herein as the “Rental Agreement” or “Agreement.” Host and Tenant may be referred to herein collectively as the “Parties” or individually as a “Party.”  

 

 

PREMISES: The Vacation Rental premises at 1163 Old Newburg Turnpike, Union Dale, PA 18470 is located on approximately 100 acres and includes, without limitation, a pond, ravine, stream, hiking trail(s), forest land, and wildlife (referred to herein as the “Premises” or “Vacation Rental”).  

 

 

 

ASSUMPTION OF RISK: Tenant may wish to participate in recreational activity on the Premises during the term of the Rental Agreement including, without limitation, hiking, biking, running, snowshoeing, cross-country skiing, swimming, boating, tubing, canoeing, kayaking, fishing, and/or campfires (the “Recreational Activities”). Tenant ACKNOWLEDGES AND UNDERSTANDS THAT PARTICIPATION IN RECREATIONAL ACTIVITIES INVOLVES INHERENT RISKS, HAZARDS, AND DANGERS INCLUDING, WITHOUT LIMITATION:

 

 

Areas where objects are not marked and hazards may not be visible

Unpredictable weather

Changeable and dangerous conditions

Uneven terrain

Steep and/or un-barricaded cliffs, slopes or drop-offs

Bee hives

Ticks and other pests

Fallen timber

Wild animals

Risks of drowning in a stream or pond; falling out of or drowning while on a boat or watercraft and being injured or killed; and being wet, cold and uncomfortable

 

TENANT ACKNOWLEDGES THAT THE ABOVE DESCRIPTION OF INHERENT RISKS IS NOT COMPLETE AND THAT THERE ARE OTHER RISKS, HAZARDS, AND DANGERS ASSOCIATED WITH PARTICIPATING IN RECREATIONAL ACTIVITIES IN AN OUTDOOR ENVIRONMENT THAT ARE UNKNOWN OR UNANTICIPATED. THE INHERENT AND OTHER RISKS, HAZARDS, AND DANGERS OF RECREATIONAL ACTIVITIES MAY RESULT IN INJURY, ILLNESS, PARALYSIS, OR DEATH.  

Tenant, on behalf of himself/herself and on behalf of Tenant’s child/ward (if any) occupying the Premises, hereby assumes all risks of residing on the Premises and participating in any Recreational Activities on the Premises including, without limitation, all risk of personal injury, death or disability, and all risk of damage, loss or theft of any personal property. Tenant acknowledges and agrees that NO hunting or snowmobiling is permitted at any time on the Premises. 

 

WAIVER, RELEASE OF LIABILITY, AND INDEMNIFICATION: By signing this Addendum, Tenant is waiving or giving up certain legal rights, including the right to sue or claim compensation. Tenant, on behalf of himself/herself and on behalf of Tenant’s child/ward (if any) occupying the Premises, and each of Tenant’s guests, invitees, licensees, heirs, successors and assigns (the “Tenant Releasors”), hereby forever waives, releases, covenants not to sue, and discharges Host and its members, managers, principles, successors, assigns, agents, and representatives (collectively, the “Released Parties”), and agrees to agrees to indemnify, defend and hold the Released Parties harmless, from and against any and all claims, damages, costs (including attorneys’ fees), demands, liabilities or causes of action arising out of or related in any manner to (a) Tenant’s failure to fulfill any condition or obligation of the Rental Agreement; (b) any damage, death or injury occurring in or about the Premises to any of the Tenant Releasors or such persons’ property, (except where such damage or injury is directly caused by gross negligence or willful misconduct of Host); (c) any Recreational Activities carried out on, in or around the Premises, regardless whether such claims arise from the negligent or intentional acts or omissions of the Released Parties (it being understood and agreed that the release set forth in this Section 3(c) is valid and effective whether the damage, loss or death is a result of any act or omission on the part of any of the Released Parties or from any other cause); (d) Tenant ’s failure to comply with any requirements imposed by any governmental authority; (e) any prohibited use of the Premises by any of the Tenant Releasors; and (f) any judgment, lien or other encumbrance filed against the Premises as a result of Tenant ’s acts or omissions.  In addition, Tenant shall reimburse Host for all of Host’s costs of collection hereunder including, but not limited to, reasonable attorneys’ fees.

 

 

 

LIABILITY LIMITATION.  Tenant understands and agrees that Host’s maximum aggregate liability to Tenant and any Tenant Releasors in connection with any and all claims, losses, liabilities or demands arising out of or in connection with this Agreement or the Premises shall be limited, in the aggregate, to the total fees paid by Tenant to Host under this Agreement.  Host shall have no liability for, and Tenant hereby waives, any and all claims for special, incidental, punitive or consequential damages against Tenant and the Released Parties arising out of or in connection with this Agreement or the Premises.

 

 

 

PLAY EQUIPMENT:  The play equipment / swing set on the Premises shall only be used by children under supervision.  Landlord is not responsible for, and Tenant, on behalf of himself/herself and on behalf of Tenant’s child/ward or other guests (if any), hereby waives any and all claims or damages arising out of or relating to the play equipment / swing set on the Premises.

 

 

 

OCCUPANCY AND OCCUPANCY LIMITS: The maximum occupancy of the Vacation Rental is 8 persons; In no event shall Tenant permit more than said number of persons to occupy the Vacation Rental. Occupants of the Vacation Rental for the term of the Agreement will include Tenant and the following individuals only, which Tenant warrants and represents are family members and/or friends of Tenant:

 

 

______________________________________________________________________________

 

______________________________________________________________________________

 

The Premises is a private rental only for Tenant and the above named authorized guests. Tenant shall not assign the Agreement, sublet all or any portion of the Premises, nor give accommodation to any roomers or lodgers, without the prior written consent of Host, which may be withheld in Host’s sole, subjective discretion.

 

JOINT AND SEVERAL LIABILITY: If more than one person enters into this lease as Tenant, their obligations are joint and several. This means that each person is responsible not only for his or her individual obligations, but also for the obligations of all other Tenants. This includes paying rent and performing all other terms of the Agreement. A judgment entered against one or more Tenants does not bar an action against the others.

 

 

 

NO SMOKING: Smoking (including vaping) is prohibited at all times inside the Vacation Rental residence. If you must smoke, you must do so outdoors and properly dispose of smoking waste in the metal containers with sand provided to avoid littering the Premises and prevent risk of fire.

 

 

 

FLAMMABLE ITEMS; GRILLS; FIRE PITS; CANDLE BURNING: A gas grill and fire pit are located on the Premises and are available for Tenants’ use.  Tenant will need to supply firewood for the fire pit. Propane is available on the Premises for the gas grill.  Tenant agrees to use the fire pit and gas grill in a safe manner including, without limitation, ensuring that any fire is fully extinguished and cool before leaving unattended, and turning off the propane tank on the grill after use.  At no time can gasoline or any highly combustible fuels be stored on the Premises. Tenant is not permitted to burn candles inside the Vacation Rental property.

 

 

 

NO PETS: Pets are prohibited in and on the Premises at all times. Violation of this rule will result in a minimum $250 charge to Tenant.

 

 

 

CLEANING: Upon vacating the Premises, Tenant agrees to return the Premises to Host in broom clean condition, normal wear and tear excepted. In addition, Tenant agrees that the dishes will be washed and put away, inside trash cans will be emptied into the outside dumpster/trash container, the heat will be turned down to 65 degrees (F) (during winter months), and the thermostat set to 73 degrees (during summer months), and all windows and doors will be locked. Failure to return the Premises as aforesaid will result in additional charges to Tenant. In addition, Tenant will be charged for any items which are found to be missing during Host’s post departure inspection.

 

 

 

LOST ITEMS: It is Tenant’s responsibility to collect all personal items prior to departure. Host will not be held liable for any personal items left by Tenant. A minimum charge of $25 to retrieve any lost item will be charged to Tenant, in addition to shipping and handling charges.

 

 

 

FURNISHED PREMIES; UTILITIES:

 

 

The Vacation Rental will be furnished with customary kitchen, bedroom, and bathroom furnishings, linens, blankets, pillows, towels, dishes, glasses and utensils, and outdoor furniture. Toilet Paper, tissue, coffee filters, dish soap, garbage bags, paper towels, and basic living supplies have been provided.  Should Tenant need additional products, it is Tenant’s responsibility to purchase them at Tenant’s expense. Host makes no representations as to the condition of the furnishings, personal property or appliances.

The following utilities will be provided: gas, electric, cable, sewer and water, and Internet service (the “Utilities”). Local telephone service is also available. Notwithstanding the foregoing, Host shall not be responsible for any inconvenience, loss or damages arising from any temporary defects or stoppage in supply of Utilities caused by reasons beyond Host’s reasonable control.  Host is under no obligation to provide Tenant with any form of compensation, refund or reduction of the rental amount due to any malfunctioning of appliances or equipment, or temporary outage of Utilities.

 

USE: Tenant and its guests shall have the right to use the Premises for lawful residential uses consistent with the rules and restrictions contained or incorporated herein or as otherwise posted; provided that the following uses shall be expressly prohibited: (1) The possession, serving or consumption of alcoholic beverages by or to persons less than 21 years of age; (2) Any other activity or use which is illegal or otherwise inconsistent with, or in violation of, any applicable law, ordinance, regulation or rule applicable to the Premises.

 

 

 

DAMAGE TO PROPERTY: Tenant hereby authorizes Host to charge Tenant’s credit card for all amounts due under the Agreement including, but not limited to, any repair or replacement of the Premises or any items or furnishings therein that have been lost, broken or damaged beyond normal wear and tear; any cleaning of the Premises rendered necessary or desirable by reason of the negligence, carelessness, accident or abuse by Tenant or any invitee, licensee or guests of Tenant. The Premises will be inspected after Tenant ’s departure. In the event that it is found that Tenant has damaged the property, Host may charge and collect from Tenant a reasonable estimated repair cost. Within 30 days of charging Tenant, Host agrees to settle with Tenant the difference between the estimated repair cost and the actual repair cost. Host agrees to supply written documentation and a full accounting to Tenant for said damages within 30 days of departure date. Without limiting the foregoing, If Tenant defaults under any term, condition or provision of this Agreement, including, but not limited to, failing to vacate the Premises no later than the Departure Date, then Host shall have the right to exercise all remedies at law or in equity, including entering upon and taking possession of the Premises, removing all persons and property therefrom and charging Tenant for all expenses accrued in connection therewith. Such termination shall not release Tenant from any liability for any amounts due hereunder. Host shall have the right to access to the Property for inspection, repairs and maintenance at any time.

 

 

 

COUNTERPARTS/EFFECTIVENESS: This Addendum may be executed in any number of counterparts, each of which shall constitute an original, but all of which taken together shall constitute one and the same instrument, and any of the parties or signatories hereto may execute this Addendum by signing any such counterpart. A photocopy or other facsimile of this Agreement and all signatures hereon (including electronic signatures of Tenant), shall be deemed to be originals for all purposes.

 

 

 

GOVERNING LAW: This Addendum will be governed by and construed in accordance with Colorado law. For all claims and disputes arising under or in connection with this Agreement, Tenant hereby consents to exclusive jurisdiction and venue in the State and federal courts in Colorado.

 

IN WITNESS WHEREOF the Parties have executed this Agreement effective as of the day and year first written above.