Vacation Rental Agreement

Waivo™ Security Deposit Waiver

If You have purchased a Waivo™ Security Deposit Waiver, then the following terms and conditions are now part of Your vacation rental property lease agreement.

I. AGREEMENT

A. On behalf of KEYLINK LLC, the party authorized to rent the vacation rental property and the owner of the vacation rental property, Waivo has assumed the responsibility for damages as outlined below and waives Your security deposit up to $2,500, the waiver limit purchased by You, the renter, for your stay at the vacation rental property.

B. Waivo is hereby responsible for theft or direct damage to real or personal property of the vacation rental property as a result of Your acts or omissions. Waivo will pay the lesser of the cost of repairs or the cost to replace the property up to $2,500. This waiver does not negate your responsibilities as a renter for items outside of Waivo’s responsibilities.

C. This is not an agreement to provide insurance. You are buying a waiver of the security deposit otherwise due as part of Your vacation rental property lease agreement.

II.EXCLUSIONS

A. This Security Deposit Waiver will not pay for damages or theft resulting from:

Acts of God

Prior damage, cosmetic damage, or normal wear and tear

Theft without a valid police report if over $250

Loss of use of the vacation rental property

Rodent, termite, infestation, or wild animal

Damage to a motorized vehicle

Fine art, collectibles, or sets of items

This Waiver will not pay for damage or theft of property owned by You.

This Waiver will not pay for costs associated with odor, debris removal, backups of sewers and drains, landscaping, marring, maintenance, or mechanical breakdown.

III. CONDITIONS

A. Waivo has the sole authority to determine the nature and extent of damages, necessary repairs, and eligibility for the waiver, and shall exercise that authority in a reasonable manner.

B. Waivo reserves the right to determine if damage is eligible for reimbursement at actual cash value.

C. This Waiver will pay for excessive cleaning, as a direct result of damage, over and above the normal cleaning fee. An irreparable stain or spillage is considered damage.

D. This Waiver is only effective for a one-time single continuous stay, of up to 90 days, for which You purchased the Waiver. It takes effect when You occupy the vacation rental property and terminates when You depart the same vacation rental property.

E. This Waiver is only effective if any theft or damage is reported to Waivo by You, the property manager, the online travel agent or the owner of the vacation rental property within 14 days of Your departure from the vacation rental property.

F. Waivo will not respond to damage or theft under $50 US dollars.

G. If there is a dispute related to these terms, mediation is required before any party may file litigation. In the event of litigation, all parties waive the right to a jury trial.

IV. DEFINITIONS

You, or Your, is the renter of the vacation rental property and includes the renter’s spouse, children and any other person the renter invited on to the vacation rental property during your stay at the vacation rental property.

SHORT TERM RENTAL GUEST AGREEMENT

Thank you for booking your vacation rental through Keylink, LLC vacation rental management. This Short Term Rental Agreement (the “Agreement”) is made and entered into between and among the below named Parties, effective the Effective Date. For and in consideration of the promises, agreements, and other good and valuable consideration exchanged herein, the receipt and sufficiency of which are acknowledged, the Parties agree as stated herein.

Effective Date: The date the Guest submits its reservation online.

Manager: KeyLink, LLC

Manager’s Contact Info: kd@keylinkvr.com, 1-844-618-4948

P.O. Box 1703, Glenwood Springs, CO 81602

Homeowner: The record title owner of the Premises.

Homeowner’s Contact Info: ℅: KeyLink, LLC (see manager’s contact info)

Guest: The person(s) that submit the reservation online.

Guest’s Contact Info: The information the Guest submits with its reservation online.

Each a “Party” and together, the “Parties”

1.  Premises Rental and License

 1.1  Premises Rental

Premises Address: As specified in the Premises information provided with the online listing and reservation.

Premises Description: As specified in the Premises information provided with the online listing and reservation.

Arrival Date and Time: As specified in the information provided with the online listing and reservation.

Departure Date and Time: As specified in the information provided with the online listing and reservation.

Max Overnight Occupant: As specified in the information provided with the online listing and reservation. Additional fees apply for guests exceeding the base-rate number.

1.2  Rental Rate and Deposits

Rental Rate for Rental Period: As specified in the information provided with the online listing and reservation, plus applicable taxes, service charges, and fees.

Rental Rate Due Date: As specified in the information provided with the online listing and reservation.

Deposit: As specified in the information provided with the online listing and reservation.

Deposit Due Date: As specified in the information provided with the online listing and reservation.

Pet Policy, Pet Fee, Pet Deposit, As specified in the information provided with Limitations: the online listing and reservation. If pets are permitted, there is damages deposit as well as a non-refundable pet fee in the amount specified in the information provided with the online listing and reservation, and must be paid at the time of reservation.

1.3  Grant of License

Homeowner grants to Guest a license to use the premises designated and described above (the “Premises”), together with the furnishings located therein. The license is for the permissive use of the Premises for the Permitted Use (defined below), without granting any real property interest in the Premises, and is non-exclusive and revocable. The license is personal to the Guest, and shall not inure to the successors or assigns of the Guest. The license is non-transferable and non-assignable by Guest. Guest agrees it does not have any real property interest in the Premises by virtue of this Agreement and/or the license.

1.4  Rental Payment

Guest will pay the Rental Rate for the Rental Period by the Rental Rate Due Date, and all other deposits by their respective due dates. Failure to pay the Rental Rate or any other deposit when due will deny the Guest possession of the Premises. The Rental Rate payment, terms, and conditions are further explained in the Payment Terms section on the checkout web page for the vacation rental. Guest knowingly acknowledges and agrees it has reviewed these terms carefully and they are incorporated in this Agreement by this reference.

1.5  Rental Period

One week prior to the Arrival Date, Guest will receive check-in instructions at the contact email provided by the Guest at the time of booking the reservation. The term of the license for Guest’s occupancy of the Premises commences and concludes on the dates and times described as the Arrival Date and Departure Date (the “Rental Period”), unless sooner terminated pursuant to the provisions of  this Agreement. Upon the expiration or termination of the license and/or this Agreement, the license granted hereunder is automatically and immediately terminated, and Guest will immediately vacate the Premises. If Guest desires a late check out time, Guest must contact Manager with such request at least 24 hours prior to the departure date and time. There is no guarantee of availability for a late check out, and Manager may approve or deny such request, in its sole discretion. If Guest does not vacate the Premises in strict conformity with the Departure Date (or in strict conformity with the written permission from Manager for a late check out, as the case may be), Guest will be charged a $50 fee for every 60-minute period until 1:00 p.m. MST following the checkout time on the Departure Date (or written late check out permission, as the case may be). An unapproved check out after 1:00 p.m. MST on the Departure Date will result in the charge of an additional night, plus taxes, costs, and fees. Such amounts will be charged against Guest’s credit card on file or billed directly to Guest.

1.6  Permitted Use

“Permitted Use” means the use and occupancy of the Premises only as a short-term private vacation residence, strictly limited to the number of Max Overnight Occupants, and for no other purpose. If Guest exceeds the Max Overnight Occupants at the Premises, it is a breach and default of this Agreement. Homeowner is not responsible for providing any additional equipment or furnishings not located in/on the Premises at the commencement of the Rental Period. Locked-off areas are reserved for the use of the Homeowner and are not a part of the Premises. 

1.7 Minimum Age Requirement

No one under the age of twenty-five (25) shall qualify to rent this property. Guest may be required to provide a copy of driver’s license for verification of age.

1.8  Gatherings and Events

Guest agrees to obtain prior written permission from the Manager for gatherings at the Premises (whether during the day time or night time) for a number of persons in excess of the Max Overnight Occupants. If Guest exceeds the Max Overnight Occupants at the Premises (whether during the day time or night time), it is a breach and default of this Agreement. Homeowner is not responsible for providing any additional equipment or furnishings not located in/on the Premises at the commencement of the Rental Period. Guest accepts full responsibility for all guests, invitees, and family members who may be on the Premises during the Rental Period. 

1.9  Services; Utilities

The Premises will be clean upon Guest’s arrival. Homeowner is responsible for all utilities servicing the Premises, excluding to the extent available at the Premises, long-distance telephone charges and pay-per-view or on-demand movies ordered during the Rental Period, which may be billed directly to Guest, deducted from the damage deposit (if applicable) or charged to Guest’s credit card on file.

1.10  Keys

Guest shall return all keys and is responsible for any lost or unreturned key(s). Guest will be charged and agrees to pay $40.00 per unreturned or lost key. The amount will be billed directly to the Guest, deducted from the damage deposit (if applicable) or charged to the Guest’s credit card on file.

1.11  Lost and Found Items of Guest

In the event Guest has lost or left items that are found by Manager at the Premises after the Departure Date, Manager will hold such items in Manager’s office for 30 calendar days, and upon notice and request from Guest within such time, Manager will return such items to Guest, provided that Guest is responsible for and must, in advance, pay a handling fee and all costs of shipping such items.

1.12  Agreement, Binding Effect

The Parties to this Agreement have read and understand it, have had the opportunity to review it with independent counsel, and voluntarily agree to and enter it effective the Effective Date. By either submitting a reservation of the Premises online, delivering the Rental Rate, or by executing this Agreement, Guest hereby agrees that Guest has executed and is bound by this Agreement. 

2.  Deposit, Maintenance, and Damages

2.1  Deposit

Via the online reservation platform’s automatic payment system, Guest will deliver to Manager the Deposit and all other fees on or before the Due Date to secure Guest's obligations hereunder (the “Deposit”). Manager and Homeowner has the right to retain the Deposit (or any amount thereof) for any amounts due or owing by Guest to Homeowner. Failure to pay the Deposit or any additional deposit when due will deny the Guest possession of the Premises. Guest shall not be entitled to any interest earned on the Deposit. If Guest fails to strictly comply with any provisions of this Agreement the Manager and Homeowner may use, apply, or retain all or any part of the Deposit for the payment of rent, cleaning services (standard and additional), damages, administrative costs, additional charges, or fees set forth in this Agreement. Further any amount the Manager or Homeowner may expend by reason of noncompliance by the Guest with the terms of this Agreement, including any damages or deficiency in the re-letting of the Premises, whether accruing before or after reentry by the Manager or Homeowner, may be deducted from the damage deposit, if collected in lieu of the purchase of the damage protection insurance policy. The damage deposit, net of applicable deductions, will be refunded to Guest within 30-days following the end of the Rental Period. An accounting of any damages and deductions applied will be provided to the Guest at the time of refund. Should damages exceed the amount of the damage deposit, Guest will be responsible for prompt payment of any such excess amounts. Manager and Homeowner will have the right to collect excess amounts by charging Guest's credit card on file or by billing Guest.

2.2  Premises Acceptance

By taking any of the following actions either personally or through a representative, Guest accepts the condition of the Premises as-is: (i) conducting a physical walk-through; (ii) reviewing photographs; (iii) reviewing  a written description; or (iv) executing this Agreement.

2.3  Maintenance 

During the Rental Period, Guest will keep the Premises and all furnishings and fixtures in good order. It is the responsibility of the Guest to promptly notify Manager of the need for any such repair of which the Guest becomes aware. If any necessary repair is caused by Guest and or any Guest’s occupants and/or invitees, the Guest is fully and financially responsible for the cost of the repair and/or replacement that may be required. Guest shall allow any representative of Manager or Homeowner reasonable access to the Premises for purposes of repair and inspection. Guest shall have the right to inspect the Premises and notify Manager in writing of any damages Guest believes to exist at the Premises or any items that are in need of repair or maintenance within 12 hours of commencement of the Rental Period; provided, however, that except for such items of which Guest notifies Manager in writing, Guest agrees that as of the commencement date of the Rental Period, the Premises and all items located therein are in good and clean working order and repair. With respect to any items identified by Guest during such period that are in  need of repair or maintenance, Homeowner (or its Managers) shall make or arrange for all necessary repairs or maintenance.

2.4  Damages

The Guest is expected to exercise due care in the use of all furnishings, appliances, and other tangible personal property at the Premises. No item of furniture or appliance is to be relocated without the express written permission by Manager. Guest is responsible for all damages caused during the Rental Period by Guest or any guest, invitee, or agent of Guest to the Premises, including any damage or loss of any furniture, fixtures, furnishings, or other property of Homeowner located therein.  Guest shall immediately notify Manager of any damage to the Premises or the  furniture, fixtures, furnishings, or other property of Homeowner located therein. Any damages caused to the Premises or furniture, fixtures, furnishings, or other property of Homeowner located therein, the loss of any such items, or the cost of any repair services that result from the negligent or intentional acts or omissions of Guest or any guest, invitee, or agent of Guest may be deducted from the damage deposit (if applicable). If such damages exceed the damage protection insurance policy maximum coverage or damage deposit, Guest shall be responsible for prompt payment of any such excess damage, and Manager shall have the right to collect excess damages for Homeowner by billing Guest's credit card on file or by billing Guest directly. Homeowner and Manager are not responsible for any claim or damage to Guest's personal belongings, which are maintained at the Premises. In all respects, Guest assumes all risk of damage to its personal property or other property interests of Guest.

2.5  Casualty

Guest shall maintain, at its expense, insurance on all of Guest’s personal property that Guest has in the Premises. In the event the Premises is damaged by fire, flood, or other casualty and the Premises is not fully restored on or prior to the commencement of the Rental Period, or if Homeowner fails to deliver possession of the Premises to Guest at the commencement of the Rental Period, Guest shall have the right to terminate this Agreement, in which case Homeowner shall promptly return to Guest all amounts paid by Guest hereunder. In the event that a house fire or other home casualty  affecting the Premises occurs (specifically excluding all wildfires, wildfire smoke, avalanche, floods, and other force majeure and Act of God events) during the Rental Period, which casualty materially interferes with Guest's use of the Premises, and provided the casualty was not caused by Guest, or Guest's guests, invitees, or agents, Guest shall have the right to terminate the  Rental  Agreement. In such case, the amounts to be paid by Guest hereunder shall be prorated based on the remaining term of  the Rental Period, and Homeowner shall be obligated to return such amount to Guest. The provisions and obligations set forth in this paragraph shall survive the termination of this Agreement, regardless of the reason for termination, including the expiration or conclusion of the Rental Period.

2.6  Indemnification and Waivers

Guest agrees to indemnify, defend, protect, and hold harmless Homeowner, Manager, and their respective officers, directors, members, managers, employees, and representatives (collectively, the “Indemnified”),  from any and  all  claims,  actions,  proceedings,  damages,  liabilities,  obligations,  losses,  costs, and expenses, including attorneys' fees (collectively, the “Damages”) that are incurred in connection with, arise out of, result from, or are attributable to any rental and/or use of the Premises  by Guest, or Guest's guests, invitees, or agents, unless such  Damages are directly attributable to the willful misconduct or intentionally wanton act of Homeowner. To the fullest extent permitted by law, Guest hereby waives all claims against the Indemnified for any damage to any property, or for any injury to any person, including death resulting therefrom, in or about the Premises, regardless of cause or time of occurrence, unless such Damages are directly attributable to the willful misconduct or intentionally wanton act of Homeowner; and for all claims and damages resulting from the termination and/or cancellation of the license and/or this Agreement by Homeowner or Manager (as the case may be). The Premises and any services or furnishings provided hereunder by the Indemnified are provided on an “AS- IS” basis, without any warranty of any kind whatsoever, all of which are hereby expressly disclaimed to the fullest extent permitted by law. The Guest shall neither hold, nor attempt to hold, the Indemnified, liable for any injury, damage, claims or loss to person or property occasioned by any accident, condition, or casualty to, upon, or about the Premises including, but not limited to, defective wiring, the breaking or stopping of the plumbing, or sewage upon the Premises.

3.  Cancellations, Repossession, and Defaults

3.1  Cancellations

THIS AGREEMENT IS NOT SUBJECT TO UNILATERAL CANCELLATION, CHANGE OR MODIFICATION BY GUEST. Subject to Section 2.05, all Rental Rate amounts paid by Guest pursuant to this Agreement are NON-REFUNDABLE once paid by Guest, except, the Rental Rate is 100% refundable if the cancellation by Guest is notified to Manager at least 30 calendar days prior to the Arrival Date, and the Rental Rate is 50% refundable if the cancellation by Guest is notified to Manager at least 14 calendar days prior to the Arrival Date. There are no refunds of any kind for Guest cancellations made less than 14 calendar days prior to the Arrival Date, regardless of whether due to road conditions, road closures, inclement weather, wildfire, wildfire smoke, avalanche, flood, or any other contingency considered an Act of God, and there will be no refunds for Guest complaints or cancellations if such events occur during the Guest’s use of the Premises. There are no refunds of any kind for Guest complaints or cancellations resulting from power outages, WiFi outages, cable outages, or other interruptions with utilities serving the Premises, and no refunds of any kind for Guest complaints or cancellations resulting from the existence of pests, rodents, insects, or wildlife. Guest is strongly encouraged to purchase traveler’s insurance to protect against any cancellations. Additionally, the acceptance of any advance monies by or on behalf of Homeowner shall not make Homeowner or Manager responsible or liable should the Premises become unavailable for any reason. If the Premises becomes unavailable and acceptable replacement premises are not found, then all advance monies will be returned to Guest. Homeowner or Manager may terminate the Guest’s reservation, license, and occupancy of the Premises at any time by providing written notice of same via email to Guest, effective immediately, with or without cause, in Homeowner’s and/or Manager’s unilateral sole discretion. If Guest’s reservation is cancelled without cause by Homeowner or Manager prior to the Arrival Date, Guest will be notified as quickly as possible and refunded 100% of the Rental Rate and damage deposit (if applicable). Homeowner and Manager are not responsible or liable for any cancellations of Guest’s reservation, license, and occupancy of the Premises by Homeowner or Manager, whether for cause or without cause. Guests are strongly encouraged to purchase traveler’s insurance to protect against any cancellations. Furthermore, Guest’s reservation and license for the Premises is subject to, in Homeowner’s and/or Manager’s unilateral sole discretion, changes in availability, changes in Rental Rate, and cancellation for cause or no cause.

3.2  Entry by Homeowner

Homeowner and Manager shall have the right to enter the Premises at any reasonable time upon oral or written 24-hour advance notice to Guest (except in the case of emergencies in which case the right of entry shall be at any time and without notice) for the purpose of: (i) examining or inspecting the Premises; (ii) supplying maid services and any other services to be provided hereunder; (iii) making any repairs or for maintenance; or (iv) showing the Premises to prospective renters or purchasers. If Guest is not personally present to open and permit entry into the Premises at such time as Homeowner or Manager seeks entry, Homeowner or Manager may enter the Premises by means of a master key.

3.3  Repossession of Premises 

Upon the Departure Date, termination of Guest’s license for occupancy of the Premises, or termination of this Agreement (whichever occurs first), Guest will surrender possession and vacate the Premises immediately, and surrender all keys to the Premises. Guest hereby grants Homeowner the  full and free  right to enter and repossess the Premises, with or without process of law, upon the occurrence of any such event. To the maximum extent permissible under applicable law, Guest releases Homeowner and Manager of all liability for all damage resulting therefrom and waives any right to claim damage for such re-entry. In the event that Guest does not return the Premises as required pursuant to this Agreement, Guest also shall owe Homeowner an amount equal to 2 times the daily rental rate of the Premises for each day, together with any other damages suffered by Homeowner, including but not limited to liabilities to third parties entitled to occupy the Premises upon such expiration or early termination of this Agreement. The Premises shall be returned in the same condition as at the commencement of the Rental Period, normal wear and tear excepted. Any extraordinary cleaning costs above the costs of a normal departure cleaning required for the Premises upon repossession of the Premises, including without limitation, shampooing or steam cleaning of carpets or furniture, or laundering of linens, shall be billed directly to the Guest, charged to Guest’s credit card on file or deducted from the damage deposit (if applicable).

3.4  Falsified Bookings

If Guest’s reservation of the Premises was made under a factual misrepresentation of any kind, a false pretense, including, but not limited to, a falsified name, age, or size of party, Guest is automatically in breach and default of this Agreement, and is subject to immediate ejection from the Premises and forfeiture of all amounts paid by Guest under this Agreement.

3.5  Default; Homeowner Remedies 

Guest shall be in default under this Agreement upon the happening of any of the following events or conditions (each, an “Event of Default”): (i) any default by Guest in making any payment when due under this Agreement; (ii) any failure of Guest to perform or observe any covenant, agreement, or condition of Guest contained herein and/or in the Policies; and/or any breach or default as specified elsewhere in this Agreement. Upon the occurrence of an Event of Default, in addition to any other legal, equitable, or contractual rights and remedies that Manager and/or Homeowner may have, Manager and Homeowner shall have the right to immediately terminate the Guest's license to occupy the Premises and/or this Agreement. In the event this Agreement and/or Guest’s license to occupy the Premises is terminated, all of the Rental Rate paid by Guest hereunder shall be vested in Manager and Homeowner and NONREFUNDABLE to Guest. In addition, upon an Event of Default, Manager and Homeowner has the right to immediately (a) declare the term of the license ended; (b) eject/remove the Guest from the Premises and reenter and repossess the Premises; (c) recover all present and future damages, costs, and other relief to which the Manager and/or Homeowner is entitled; (d) pursue lien remedies; (e) pursue breach of contract remedies; and/or (f) pursue any and all available remedies in law or equity. In the event the license is terminated by a reason of an Event of Default prior to expiration of the Rental Period, the Guest shall be responsible for the Rental Rate, costs, and fees occurring for the remainder of the Rental Period. In addition to all other remedies available to Homeowner and Manager, Guest  acknowledges and agrees to pay $100 for each and every instance of Guest breaking a rule, regulation, covenant, condition, or other agreement in connection with this Agreement, the Policies, and/or the Premises, as determined in Manager’s sole discretion. Guest agrees and authorizes all costs, charges, and fees for which Guest is responsible under this Agreement and may be charged by Manager against Guest’s credit card on file or billed directly to Guest.

4.  Disclosures

4.1  Policies

By submitting the reservation for the Premises online, executing this Agreement, or paying the Rental Rate (whichever occurs first), Guest knowingly acknowledges and agrees it has had the opportunity to review the (a) Terms and Conditions, (b) Privacy Policy, (c) Payment Terms, and (d) House Rules for the Premises, and (e) Guest Guide for the Premises, all located on Manager’s website at www.keylinkvr.com. The policies (a) through (e) listed in this Section are collectively referred to as the “Policies” and are incorporated to this Agreement by this reference, the terms of which Guest agrees it is legally bound by.

4.2  Lead Paint Disclosure

Guest understands and acknowledges that the Premises may contain lead paint if built before 1978 and may be subject to state regulations concerning the  sale or rental of property containing lead paint.  Guest hereby waives any claims against Homeowner and/or Manager arising indirectly or directly from the existence of lead paint on the Premises.

4.3  Carbon Monoxide Detectors and Smoke Alarms 

Carbon monoxide is a colorless and odorless gas that can cause sickness and even death in cases of high exposure. Pursuant to Colorado law and local building code regulations, the Premises is required to be equipped with carbon monoxide detectors and smoke alarms. Homeowner represents and warrants that the Premises is equipped with functioning carbon monoxide detectors and smoke alarms as required by Colorado law and local regulations. Guest acknowledges that all required carbon monoxide detectors and smoke alarms are installed  in the Premises and are operational as of the Arrival Date for the Rental Period and Guest agrees not to disarm or in any way render such alarms or detectors inoperable during the Rental Period.

4.4  Methamphetamine/Drug Laboratory 

Homeowner is unaware of the Premises having been used as a methamphetamine or other drug laboratory. Or, if the Premises was used as a methamphetamine or other drug laboratory, the Premises has been remediated to meet the standards established by rules of the State Board of Health as per C.R.S., paragraph 25-18.5- 102.

4.5  Radon 

The Colorado Department of Health and the United States Environmental Protection Agency (the “EPA”) have detected elevated levels of naturally occurring radon gas in certain residential structures throughout Colorado. The EPA has voiced concerns about the possible adverse effects on human health from the long-term exposure to high levels of radon gas. Guest is hereby advised that Homeowner is not qualified and has not undertaken to evaluate all aspects of this very complex issue and Homeowner is making no representation or warranty, express or implied, concerning the presence or absence of radon in the soils beneath or adjacent to the Premises or within the Premises. Guest may have a test for radon in the Premises performed at Guest's expense. Guest hereby acknowledges that he/she has read  the  foregoing  disclosure and fully understands its content. Guest is also advised to read the EPA's pamphlet, titled “A Citizen's Guide  to Radon,” which is available on the World Wide Web at http://www.epa.gov/radon/pdfs/citizensguide.pdf. Finally, to  the fullest extent permitted by Colorado law, Guest hereby waives and releases Homeowner and Manager from any and all claims and liabilities arising from the existence of radon in the Premises.

5.  Covenants

During the Rental Period, Guest covenants that Guest will:

(a) Comply with all applicable laws, ordinances and covenants, including, but not limited to any homeowners' association regulations and covenants that are applicable to the Premises (which association documents are available from Homeowner upon written request from Guest). 

(b) Not permit nor allow any disorderly conduct, excessive or unreasonable noise, or any private or public nuisance in or about the Premises, or any other action or course of conduct which may disturb the quiet enjoyment of occupants of adjoining premises or properties.

(c) Not make any alterations or additions in or to the Premises. The Guest shall neither permit nor suffer the Premises, or the walls or floors thereof, to be endangered by overloading, nor the Premises to be used for any purpose which would render the insurance thereon void or the insurance risk more hazardous, nor make any alterations to or changes in, upon, or about the Premises.

(d) Not create or permit any lien of mechanics or material-men to be placed upon or against the Premises or against the Homeowner or the real property, whether arising from labor, material, service, or equipment engaged or authorized by Guest. If any such lien attaches, Guest covenants and agrees to immediately pay and remove same at its sole expense.

(e) Guest will take all reasonable safety precautions with respect to its Permitted Use, will comply with all safety measures under all applicable laws, ordinances, rules, regulations, and orders of any public authority including without limitation the U.S. Department of Labor, Occupational Safety and Health Administration, and the Colorado Labor, Occupational, Safety and Health Administration, for the safety of persons or property.

6.  Manager and Management

6.1  Manager

Homeowner and Guest acknowledge and agree that Manager is the short term vacation rental management firm for this transaction. Homeowner and Guest also agree that any outside real estate brokers who refer the Guest to Manager are to be treated as Guest's agent. As a transaction manager, Manager, acting on behalf of and for Homeowner, will perform the services for Homeowner required by their agreement and by Colorado law. All amounts due from Guest hereunder shall be delivered to Manager for remittal to Homeowner in accordance with Homeowner's agreement with Manager. Guest hereby expressly authorizes and grants to the Manager the authority to bill to the credit cards set forth in this Agreement any costs, charges and/or fees owed by Guest under this Agreement. Homeowner and Guest agree that neither shall name Manager as a party in any litigation arising in connection with this Agreement unless the dispute results from the alleged knowingly wanton and intentional acts of Manager.

6.2  Management

Manager is Guest’s primary contact if there is any issue with accessing the Premises, or the condition of the Premises upon Guest’s arrival. Manager is also Guest’s primary contact should any services or maintenance need to be scheduled during Guest’s Rental Period.

7.  Miscellaneous

7.1  Amendment

This Agreement may not be amended or modified except as specified in this Agreement or by an instrument in writing signed by and on behalf of both Homeowner and Guest and acknowledged by Manager.

7.2  Area Construction 

Guest understands and accepts that neither Manager nor Homeowner has any control over construction near or adjacent to the Premises. Guest further agrees that no such construction shall be considered a violation of Guest's right to quiet use and enjoyment of the Premises and shall not be grounds for termination of this Rental Agreement or any reduction or refund of payments paid by Guest pursuant to this Agreement.

7.3  Authority, Binding Effect 

The undersigned represent and warrant they are authorized to execute this Agreement on behalf of a Party hereto, and have full power and authority to bind such Party to each and every provision herein. This Agreement shall be binding upon the Parties hereto and bind the respective successors and permitted assigns of the Parties hereto.

7.4 Counterparts, Effectiveness

This Agreement may be executed and exchanged by electronic or any other means, all of which taken together constitutes one and the same original Agreement with the same effect as if the facsimile, electronic, or scanned signatures were originals affixed to the same instrument.

7.5  Drafter 

The Parties and their counsel or transaction representatives participated jointly and fully in the review and preparation of this Agreement. The Parties agree the language of this Agreement will not be construed presumptively against any of the Parties, drafter or otherwise.

7.6  Entire Agreement 

This Agreement and all referenced policies, inclusions, and attachments (hereby incorporated herein) set forth the entire agreement of the Parties hereto and supersede all prior agreements or understandings (whether written or oral), with respect to the subject matter.

7.7  Good Faith 

The Parties agree to act in good faith and deal fairly with one another without breaking their word, using dishonest means to avoid the spirit of their obligations, or denying what the other party obviously understood.

7.8  Governing Law, Venue, Jurisdiction, Attorneys Fees 

This Agreement is entered into in the state of Colorado and shall be governed in all respects by the laws of such state. In the event of any dispute regarding this Agreement or its enforcement or interpretation, the Parties acknowledge and agree that the laws of the State of Colorado shall apply and that venue for any such dispute shall be in the county in which the Premises is located. The Parties consent to personal jurisdiction in said county and submit to the jurisdiction and venue of such courts regardless of the location of their residence. In the event any dispute arises in connection with this Agreement or the nonpayment of any sums under this Agreement, Homeowner and Manager are entitled, in addition to other damages or costs, to recover their respective reasonable attorney’s fees from Guest.

7.9  Joint and Several Liability

In the event more than one party executes this Agreement (e.g., partners  of  a  partnership) all such parties shall be jointly and severally liable for all obligations of Guest hereunder. All individuals executing this Agreement for Guest warrant that they have the authority to bind their principals and to enter into and perform this Agreement.

7.10  Nature of Agreement

This Agreement is not intended to create a lease or any other interest in real property in favor of Guest, but instead merely creates and grants a license in accordance with the terms hereof. The parties acknowledge and agree that Homeowner grants Guest a license to use the Premises for the specific purposes set forth herein without diminution of the legal possession or control of the Premises.

7.11  Notice 

All notices, requests, consents, or other communications permitted or required to be given pursuant to this Agreement must be either hand delivered, sent via email, or by mail with tracking information, or as otherwise required by law. Notices will be deemed effective upon hand delivery or upon email transmission to the other Party, or, if sent via mail, then on the date of delivery as specified in the tracking information, or if sent pursuant to law, on the date specified by law. Notices must be sent to the Parties’ respective addresses first written above. Either Party may change its address by delivering notice of same to the other Party.

7.12  No Smoking or Recreational Drug Use 

Smoking, vaping, and all recreational drug use are not permitted in the Premises. If smoking, vaping, and/or recreational drug use occurs in the Premises, then Homeowner reserves the right to retain all of the damage deposit, bill Guest directly or charge Guests credit card on file as liquidated damages for such breach (but without limitation on any other non-damages remedies Homeowner may have), it being acknowledged that Homeowner's damages caused by such activity would be difficult to determine and the damage deposit (if applicable)  is a reasonable estimate of such damages.

7.13 Pets 

If no pets are permitted in or on the Premises pursuant to this Agreement, and Guest violates such condition, then Homeowner has the right to retain all of the damage deposit, bill Guest directly or charge Guest’s credit card on file as liquidated damages for such breach (but without limitation on any other non-damages remedies Homeowner may have), it being acknowledged that Homeowner's damages caused by pets would be difficult to determine and the additional deposit is a reasonable estimate of such damages. If pets are allowed pursuant to this Agreement, Guest must pay the applicable Pet Fee, and all damages that result will be billed directly to Guest, charged against the damage deposit  or Guest’s credit card on file.

7.14  Severability

A determination by the court of competent jurisdiction that any part of this Agreement is illegal or unenforceable will not cancel or invalidate the remainder of such part or this Agreement, instead the Agreement shall be amended to the smallest degree possible to effectuate its purpose and the Parties’ intentions absent the illegal or unenforceable provision, and the remainder of the provision and this Agreement shall remain in full force and effect.

7.15  Survival

This Agreement and each Party’s respective agreements, covenants, representations, warranties, indemnifications, obligations, and/or duties under this Agreement, if any, which remain undischarged as of or by their nature can be performed only after the termination of this Agreement will survive termination and remain binding and enforceable upon the Parties (respectively) to the full extent necessary to effectuate the intents and purposes of this Agreement and the transactions contemplated under this Agreement.

7.16  Successors and Assigns

Guest may not assign any of its rights or obligations under this Agreement without the prior written consent of Homeowner. Homeowner shall be entitled to assign any of its rights and obligations without the consent of Guest. Subject to the foregoing, this Agreement is binding on the heirs, personal representatives, successors and assigns of each of the Parties.

7.17  Waiver

 The rights and remedies of the Parties to this Agreement are cumulative and not alternative and shall not be deemed exclusive or restrictive of any other right or remedy to which the Parties are entitled by law or equity. All waivers must be in writing and signed by the waiving Party. Neither the failure nor any delay by any Party in exercising any right, power, or privilege under this Agreement will operate as a waiver of such right, power, or privilege, and no single or partial exercise of any such right, power, or privilege will preclude any other or further exercise of such right, power, or privilege or the exercise of any other right, power, or privilege.

7.18  Credit Card Authorization

A major credit card may be required from Guest to pay for damages for charges as specified in this Agreement. Guest agrees to provide the credit card information at the time of submitting the reservation online. Guest agrees to hold-harmless Manager and/or Homeowner in connection with the credit card information and use of same. Guest agrees that Manager and/or Homeowner may charge the credit card as specified in this Agreement without advance notice to Guest. 

HOUSE RULES

These rules must be observed on the premises of the Property you have booked. The renter of the Property shall be referred to herein as the “Guest” or “You” and the owner of the Property shall be referred to herein as the “Homeowner”. You, as the Guest, accept and assume full responsibility for ensuring any person permitted at the Property abides by the rules expressed herein. Upon booking, reservation and payment, you agree to abide by the following rules: 

A. You are responsible for all occupants of the home and must make sure that all rules herein, as well as the within the Short Term Rental Agreement, are followed.

B. No one under the age of twenty-five (25) shall qualify to rent this property. You shall not rent or stay at the Property unless there shall be at least one Guest over the age of twenty-five (25) concurrently renting or staying at the Property. All children must be under direct adult supervision at all times.

C. Smoking, vaping and all recreational drug use are NOT permitted in the house or on the Property. The damage deposit will be automatically forfeited or a fine will be assessed if these policies are not observed.

D. You must take Garbage/Trash to the curb on the scheduled day(s) of trash removal and not before, as indicated in the Guest Guide located within the Property.

E. Pets are NOT permitted in the house or on the Property unless otherwise stated in the listing. Manager is not authorized to make exceptions to these terms. Not abiding by these terms may result in eviction and forfeiture of amounts paid.

F. You, or any other person on the Property during your stay, may not interfere with the peaceful enjoyment of the neighbors.

G. You are solely responsible for any other person at the Property. Additional persons, other than the number of guests reserved and booked in the original booking and reservation, may NOT stay overnight at the Property.

H. You will be responsible for any fine and/or violation that is imposed on the Homeowner due to the negligence of any person permitted on the Property by you.

I. You shall abide by all Federal, State and Local laws.

J. You shall notify the local police and Homeowner of any illegal activity that is witnessed in or around the Property.

K. You agree not to use the Property for any unlawful purpose, including but not limited to, the sale, use or possession of illegal drugs on or around the Property.

 L. You must report any malfunction with smoke detector(s) or carbon monoxide detector(s) immediately to Manager. You agree not to remove, dismantle or take any action to interfere with the operation of any smoke detector(s) or carbon monoxide detector(s) installed on the Property.

 M. Absolutely no hazardous materials are permitted to be in or around the Property at any time.

N. You may not use or store Kerosene or space heaters at any time in or around the Property.

O. The burning of candles is not permitted within the Property, with the exception of birthday candles.

P. Under no circumstances may a stove, oven or range be used as a source of heat. All appliances are to be used only for their intended purpose.

Q. Charcoal and Gas Barbecue grills may not be used inside any structure located on the Property.

R.  You may not bring your own grill (of any type) or fire pit for use on the premises. 

S. Tents or other structures may not be erected on the Property.

T. Commercial photography or filming is not permitted on the Property.

U. You shall use ventilating fans at all times when bathing or cooking.

V. All windows and doors must remain closed during inclement weather.  

W. You shall notify Manager of any pest control problems.

X. The use of any provided swimming pool or hot tub is at your own risk. You further understand that any interruption of use will not alter or change any of the terms of this Agreement.

Y. You may not block the fire escape at any time.

Z. The Homeowner does not permit large gatherings at the Property. A disturbance caused by you or any person permitted on the Property during your stay which results in any police action, complaints from neighbors is considered sufficient cause for immediate termination of this Agreement, immediate eviction and forfeiture of all monies paid as permitted by law.

 AA. Housekeeping: There is no daily housekeeping service. While linens and bath towels are included in the unit, daily maid service is not included in the rental rate. We suggest you bring beach towels. No towels or linens shall be taken from the house. A cleaning fee is automatically added and charged to you for each booking and reservation. You must keep the Property, inside and out, clean and sanitary at all times. Even though a cleaning fee is charged, you are expected to leave the Property in a clean, neat and orderly condition.  An additional cleaning fee may apply if excessive cleaning or trash removal is required upon your departure.

BB. This house is privately owned. The Homeowner is not responsible for any accidents, injuries or illness that occurs while on the Property. The Homeowner is not responsible for the loss of personal belongings or valuables of any Guest or any other person. By accepting this reservation, you expressly assume the risk of any harm arising from your use of the Property or others whom you invite to use the Property.

CC. Damage Deposit: A refundable damage deposit or a mandatory fee for third-party accidental rental damage insurance will be automatically charged to each booking. For refundable damage deposits, a full refund of such deposit will be given unless a deduction is necessary to cover damage to property or furnishings, removal of items, excessive cleaning or trash removal, or any other costs incurred by the Homeowner as a result of the your stay. Should the assessed damages and or the amount of missing items, exceed the amount held in good faith, you shall be held responsible and pay for the deficiency.