Vacation Rental Agreement
Thank you for choosing our home for your vacation. Please send us the names and ages of all the guests. This Rental Agreement is a legally binding agreement made and entered into as of the Reservation Date written below by and between the undersigned person(s) or company and the undersigned owner, manager or agent , pursuant to which the Guest has agreed to rent the residence; Property, for the duration of the Rental Term for the Total Rental Fee and other good and valuable consideration as described herein. Every person permitted on the Property at any time during the Rental Term, shall comply with the conditions and restrictions imposed upon Guest under this Agreement.
Guests shall use the Property for residential purposes only and in a careful manner to prevent any damage or loss to the Property and keep the Property clean and sanitary condition at all times.
Maximum Occupancy Our home accommodates a max number of guests in the property profile. Any additional guests will be charged a $25.00 fee per guest and an additional $10.00 per day that the guest stays.
Guests will be charged full purchasing price for any missing or damaged amenities; such as blankets, pillows, towels, trinkets, etc.
Early Check-In/Late Checkout. Early check-in or late checkout may be available; additional charges may apply. If you do not vacate by checkout time (or late checkout time as agreed by Born Again Rental), you authorize us to bill your credit card on file for a late departure fee of up to one night’s rental and we may remove all Occupants and their personal property from the Property.
Good Neighbor Policy. The Property is a privately owned home, and we enforce a good neighbor policy. Please treat the Property with the same care you would use with your own residence and leave it in the same condition it was in when you arrived. To prevent theft of or damage to furnishings or your personal property, you agree to close and lock doors and windows when you are not present at the Property and upon checkout. You and other Occupants agree to conduct yourselves throughout your stay in a manner that is respectful of and not disruptive to neighbors, traffic flow, or the community and that will not prompt complaints to Born Again Rental from police, neighbors, or neighborhood or homeowner associations. Noise audible outside the Property is prohibited from 10 pm to 9 am for Sunday to Thursday & 12 am to 9 am for Friday to Saturday. You and other Occupants agree to abide by all applicable parking restrictions and limitations.
Movement of furniture or mattresses, In the event you move the furniture and or mattresses and do not move them back; there will be a fee to have them moved back.
Not all of our properties accept pets. For properties where pets are allowed, here are a few rules to keep in mind. There is a 2 dog maximum per stay 1. Please keep dogs on leashes. 2. Clean up after your pet, please dispose of all waste in the trash. 3. Please keep dogs in our yard. 4. Pets must have an ID tag, rabies tag, and collar at all times. 5. Absolutely no pets on the furniture or beds. We will charge $250 if we find out. 6. No Aggressive pets. The Pet Deposit is $25.00, non-refundable and an additional $10 per pet per day charge. PLEASE NOTE : If Pets are brought to the home and no pet deposit is paid prior to arrival, we will charge as mentioned above plus a $100 penalty.
The towels are for showering and bathing only, please do NOT take them outside or use for any other purpose.
If you choose to use the Firepit, you must ensure it is completely burned out. If a grill is used you must ensure the fire is completely out. The grill should be cleaned off.
EVENTS/PARTIES & COMMERCIAL PHOTOGRAPHY/FILMING & STRUCTURES. Events and commercial photography or filming are prohibited at the Property without our express written permission. If approved, additional conditions and fees may apply. No tents or other structures may be erected on the property without our express written permission. There is a $250 charge for violating this property policy on top of any damages.
NO SMOKING POLICY. No smoking is permitted at the Property (including porches, decks or outdoor areas) at any time. There is a $250 charge for violating this property policy.
If Guest should fail to comply with the conditions and obligations of this Agreement, Guest shall surrender the Property, remove all Guests belongings and leave the Property in good order and free of damage. No refund of any portion of the Total Rental Fee shall be made and if any legal action is necessary, the prevailing party shall be entitled to reimbursement from the other party for all costs incurred.
ASSIGNMENT OR SUBLEASE Guest shall not assign or sublease the Property or permit the use of any portion of the Property by other persons who are not family members or guests of the Guest and included within the number of and as permitted occupants under this Agreement.
DOOR LOCKS – Only lock the deadbolt if you lock the doorknob and lock yourself out; you will incur fees to a locksmith or the turn-over managers visit.
CANCELATION FEE – We have a strict/non-refundable cancellation policy. Your reservation may be canceled for a full refund up to 60 days prior to your check-in date with a 6% cancellation fee.
CONCERNS/ ISSUES/ DAMAGES – The Guest must inform us of any concerns, issues, or damages right away. The Guest can choose to decline any repairs to be done during their stay considering their personal preference but the Guest agrees that this doesn’t hold us accountable for any refund related to the reported concern/issue/damage. Should the Guest choose to vacate the property, the Guest should inform us before doing so.
MAINTENANCE/HOUSEKEEPING – The Property is provided as is, and we are not responsible for the interoperability or unavailability of any amenities. You agree to contact us as soon as you notice any maintenance or housekeeping problem, or any potentially hazardous condition, at the Property, or if any incident occurs at the Property that is related to such a problem or condition. We will take reasonable and appropriate steps to remedy any reported problem as soon as practicable. We may enter the Property at your invitation to remedy any problems you report, at reasonable times and with reasonable notice to inspect, maintain, or repair the Property, and to address any situation that we reasonably deem an emergency that threatens persons or property.
INDEMNITY – You agree to hold harmless and indemnify Born Again Rental and Owner for all claims for property damage, personal injury, or monetary loss resulting from your actions or omissions, and the actions or omissions of other Occupants, during your stay.
ENTRY AND INSPECTION – Rental Agent reserves the right to enter the Property at reasonable times during business hours or upon an emergency with reasonable advance notice for the purposes of inspecting the Property. If Rental Agent has a reasonable belief that there is an imminent danger to any person or property, Rental Agent may enter the Property without advance notice.
AGE REQUIREMENT – You must be 25 years of age or older in order to book.
ADDITIONAL INSURANCE – If you booked through any site other than Airbnb we require you to sign up for a non refundable additional insurance policy that consists of property protection. This is a requirement. The 3rd party insurance is $59 if you fail to do so you will not be refunded for your booking.
UNAVAILABILITY OF PROPERTY – In the event the Property is not available for use during the Rental Term due to reasons, events or circumstances beyond the control of Rental Agent, Rental Agent will immediately return all payments made by the Guest, whereupon this Agreement shall be terminated and Guest and Rental Agent shall have no further obligations or liabilities in any manner pertaining to this Agreement. In the event incorrect pricing was sent you understand, we will make all efforts to lower the property pricing and or increase the price based on the season. We take all efforts to avoid this from happening. In the event there is a price charged too high or too low, we have the right to modify. Any and all prices are subject to change. We make all efforts to avoid having to but are able to refuse service and or the right to cancel any booking prior to the booking date and or during the booking.
GENERAL PROVISIONS This Agreement contains the entire agreement between the parties with regard to the rental of the Property, and any changes, amendments or modifications hereof shall be void unless the same is in writing and signed by both the Guest and the Rental Agent. This Agreement shall be governed by the laws of the Commonwealth of Texas. The words Rental Agent and Guest; shall include their respective heirs, successors, representatives. The waiver or failure to enforce any breach or provision of this Agreement shall not be considered a waiver of that or any other provision in any subsequent breach thereof. If any provision herein is held invalid, the remainder of the Agreement shall not be affected. Any notice required to be given under this Agreement shall be in writing and sent to the contact information included herein. This Agreement may be signed in one or more counterparts, each of which is an original, but taken together constitute one in the same instrument. Execution of a digital signature shall be deemed a valid signature.
WAIVER AND RELEASE OF LIABILITY
I, (“Releasor”), a visitor to and short term vacation renter, acknowledge that I am informed and aware that: In consideration for receiving permission to rent, I hereby RELEASE, WAIVE, DISCHARGE and COVENANT NOT TO SUE Born Again Rentals LLC or the owner, their officers, agents, servants, or employees (hereinafter referred to as RELEASES) from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me, or any of the property belonging to me, whether caused by the negligence of the releases, or otherwise, while in, on or upon the premises where the use is being conducted.
I further hereby AGREE TO INDEMNIFY AND HOLD HARMLESS the RELEASED from any loss, liability, damage, or costs, including court costs and attorney fees, that they may incur due to my participation in renting, whether caused by negligence or otherwise.
In consideration of the risk of injury while participating in any activity at this vacation rental (the “”””vacation rental””””), and as consideration for the right to participate in any Activity at the vacation rental, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation at the Vacation Rental, and do hereby release and forever discharge Born Again Rentals, its owners, subsidiaries, partners, employees, affiliates, and staff. , located at Property Address, Property Location, Zandra Jones, Dean Jones , their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in any activity in aforementioned Vacation Rental, including traveling to and from an event related to any Activity in at this property. I AM VOLUNTARILY PARTICIPATING IN ACTIVITIES AT THIS VACATION RENTAL PROPERTY AND I AM PARTICIPATING IN ALL ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH TRAVELING TO AND FROM AS WELL AS PARTICIPATING IN ACTIVITIES, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS’ NEGLIGENCE, CONDITIONS RELATED TO TRAVEL, OR THE CONDITION OF THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN OR UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY, INCLUDING TRAVEL TO, FROM AND DURING THIS ACTIVITY. I agree to indemnify and hold harmless Born Again Rentals, its owners, subsidiaries, partners, employees, affiliates, and staff. against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney’s fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If Born Again Rentals, its owners, subsidiaries, partners, employees, affiliates, and staff. incurs any of these types of expenses, I agree to reimburse Born Again Rentals, its owners, subsidiaries, partners, employees, affiliates, and staff. I acknowledge that Born Again Rentals, its owners, subsidiaries, partners, employees, affiliates, and staff. and their directors, officers, volunteers, representatives and agents are not responsible for errors, omissions, acts or failures of any party or entity conducting a specific event or activity on behalf of Born Again Rentals, its owners, subsidiaries, partners, employees, affiliates, and staff. I ACKNOWLEDGE THAT THIS VACATION RENTAL MAY INVOLVE A TEST OF A PERSON’S PHYSICAL AND MENTAL LIMITS AND MAY CARRY WITH IT THE POTENTIAL FOR DEATH, SERIOUS INJURY, AND PROPERTY LOSS. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, lack of hydration, condition of participants, equipment, vehicular traffic and actions of others, including but not limited to, participants, volunteers, spectators, coaches, event officials and event monitors, and/or producers of the event. I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS “”””WAIVER AND RELEASE”””” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE Born Again Rentals, its owners, subsidiaries, partners, employees, affiliates, and staff. AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST Born Again Rentals, its owners, subsidiaries, partners, employees, affiliates, and staff. FOR PERSONAL INJURY OR PROPERTY DAMAGE. To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of Born Again Rentals, its owners, subsidiaries, partners, employees, affiliates, and staff. , its agents, and employees. In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance. In the event that any damage to equipment or facilities occurs as a result of my or my family’s willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness. This Agreement was entered into at arm’s-length, without duress or coercion, and is to be interpreted as an agreement between the two parties of equal bargaining strength. Both the Participant, and Born Again Rentals, its owners, subsidiaries, partners, employees, affiliates, and staff. I agree that this Agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of this Agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into. In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited. I agree on my own behalf and on behalf of my family and guests and on behalf of my children and all minors in my care, custody or control (hereafter also included in “I” or “my”) I the undersigned participant and as the one renting the property, my guest, and my family, affirm that I am of the age of 25 years or older, and that I am freely signing this agreement. I certify that I have read this agreement, that I fully understand its content and that this release cannot be modified orally. I am aware that this is a release of liability and a contract and that I am signing it of my own free will.
I, (“Releasor”), a visitor to and short term vacation renter, acknowledge that I am informed and aware that: If there is a pool and/or spa on the property, it poses a risk to any and all guests on the property. I also understand and acknowledge that the use of other equipment (including recreational equipment) and facilities provided by Owner, and participation in outdoor activities, involves risks including, but not limited to the following: risk of property damage, bodily injury, including, but not limited to permanent disability, paralysis, and possibly death. These risks may result from a variety of circumstances including, but not limited to, the use or misuse of the equipment or facilities, from the activity itself, from the acts of myself or others, or from the unavailability of emergency medical care. There may or may not be a fence around the pool and/or spa. POOL HEAT Pools that are equipped with heaters are not guaranteed to sustain any constant temperature. Please note that pool temperatures vary due to certain circumstances, including but not limited to: wind, rain, low temperatures, storms, sand, fungus or algae caused by extreme temperatures, excessive use or contamination by Guests. There shall be no compensation for any loss of use. Any damage to the pool and/or spa caused by Guest and any other persons on Property during the agreed upon Rental Period, including but not limited to: broken glass or other items introduced into the pool, contamination of the water, damage to the automatic cleaners or equipment, or excessive loss of water will result in charges to the Guest for correction of the problem. SPA Shut Off (if applicable): When and if the spa is used, Guests will be responsible for turning on and shutting off the spa. Failure to shut off the heater for the Spa may result in an excessive utility bill, which may be charged to the Guest’s Deposit. I am also aware that my stay at the Property involves risks that may result in serious bodily injury and/or death. Some of the risks include, but are not limited to, drowning, slips, trips, falls, cuts, adverse weather conditions, the acts or omissions of guests or visitors on the Property during my stay, and the condition of the Property. I understand that the description of the risks in this Release of Liability, Waiver of Claims and Assumption of Risk (the “Document”) is not complete and that other risks or events that are known or unknown, anticipated or unanticipated may result in serious bodily injury and or/death.
In consideration of being permitted to rent and stay at the Property, I agree on my own behalf and on behalf of my family and guests and on behalf of my children and all minors in my care, custody or control (hereafter also included in “I” or “my”) to assume full responsibility for the risks identified herein and those risks not specifically identified. I hereby release from liability and waive any and all claims that I have or may have in the future against Born Again Rentals, LLC and its members, principals, agents, officers, employees, and representatives (collectively “Releases”) as well as the landlord/owner of the Property.
I understand and acknowledge that being in or near a River or body of water present various risks and hazards, including strong currents, unexpected wave activity, floating debris and other potential hazards, flooding. I assume all such risks associated with being near or in the River or Lake.
I understand and acknowledge that being in or near the ocean present various risks and hazards, including strong currents, unexpected wave activity, floating debris and other potential hazards. I assume all such risks associated with being near or in the ocean.
I agree to fully and forever release and discharge, and not to sue Releases for any injuries or damages, including property damage that may result from arise out of or be related in any way to my rental and stay at the Property. If any portion of this Document shall be declared unenforceable for any reason, the unenforceable portion shall be considered severed from the Document and the remainder of the Document shall not be affected and shall be valid and enforceable to the fullest extent permitted by law.
I assume all risk, and take full responsibility and waive any claims of personal injury, death or damage to personal property associated with activities and events during or related to the stay in the subject property.
I ACKNOWLEDGE THAT I HAVE READ THIS ENTIRE DOCUMENT AND THAT I UNDERSTAND ITS TERMS AND AGREE TO BE BOUND BY THEM.
PLEASE REPLY WITH “I UNDERSTAND ITS TERMS AND AGREE TO BE BOUND BY THEM.”.