PROPERTY DESCRIPTION: 927 Saddlemaker Trl. Show Low, AZ 85901 – “MM 336 AZ”
Road to property is gravel and is up a slight incline to the top of a hill.
3 BEDROOM, 2 1/2 BATHROOM
Sleeping: Master: King Bed, Room #1: Queen Bed, Room #2: Queen Bed, Loft: 2 Futons (Full), Pack N Play included.
Includes: Heating & Air Conditioning, Fireplace in Living Room (Starter firewood), Washer/Dryer, Dishwasher, Refrigerator, TV in Loft and Master Bedroom with Direct TV. DVD player in Loft. Bathroom Essentials (Towels, soap, shampoo, conditioner, etc.), Fire Extinguisher.
Kitchen Includes: Utensils, Cookware, Spices, Toaster Oven, Coffee Pot & Keurig, Crockpot (Large & Mini), InstaPot, mixer, Electric Skillet, Waffle Iron
This Vacation Home Agreement (this “Agreement”) is by and between the guest(s), as licensee, hereafter referred to individually and collectively as “Guest” and, HA Legacy, LLC, as licensor, hereafter referred to as “Owner”, in connection with a license to use the property described above (the “Premises”). In consideration of the mutual promises and agreements described herein, Guest and Owner agree as follows:
GENERAL TERMS AND CONDITIONS
1. License. Owner does hereby grant to Guest a revocable license to use the Premises under the terms and conditions set forth herein. Guest acknowledges and agrees that Guest is utilizing the Premises solely as a licensee of Owner, and not as a tenant, and that this Agreement does not and shall not be construed to create a landlord-tenant relationship between the parties or any other interest in Owner’s property other than the license described herein. Guest irrevocably and unconditionally waives any right to assert any rights as a tenant under the laws of the State of Arizona.
2. Check-In & Check-Out: Check in time is 3pm or later on the arrival date noted above. Check-out time is 11 am or earlier on the departure date noted above. Special arrangement for early check-in or late check-out must be made in writing with Owner in advance of your visit. A $50 fee will be charged against the security deposit if we have to cancel and reschedule house cleaning service due to the house not being vacated by 11am.
3a. Security Bond: The $250 Security Bond does not apply to nightly fees and will be deposited at the time of booking. The Security Bond will be returned to Guest within approximately fourteen days (14) after Guest’s departure date. Any damaged or missing items, excessive cleaning requirements, pay-per-view movies and/or other additional costs to Owner will be deducted from Guest’s Security Bond. “Check-Out Procedures” will be provided in the house that clearly states Guest’s responsibilities in order to avoid extra charges. Guest is liable for full replacement costs due to damage or loss that occurs to the Premises and its contents during their stay, without regard to any insurance coverage Owner may maintain on the Premises or its contents, and without regard to the sufficiency of the Security Bond to cover such amounts.
3b. Cleaning Fee: A non-refundable cleaning fee of $150 will be charged per booking.
4. Cancellation Policy: If Guest cancels this reservation after it has been confirmed (i.e.: after this Agreement and a portion or the full amount of fees have been received), Owner will make every attempt to re-book the reservation. If the reservation is re-booked at the same rate or greater, Owner will refund to Guest total funds paid less a $100 cancelation fee. If the reservation is not re-booked at the same rate or greater, Guest will be responsible for any loss of nightly fees. No refunds are allowed due to weather, traffic conditions, flight delays, illness, accident, or anything beyond Owner(s)/managers control. The Agreement can be cancelled upon Owner’s discretion if the Guest fails to pay balance due by due date or prior to check-in.
5. Use of Property: Guest and their invitees agree to use the Premises as vacation lodging only. Any use for unlawful, improper or offensive activity (including, without limitation excessive noise) on or about the Premises will be grounds for an immediate termination of the license granted herein and the forfeiture of all deposits and nightly fees paid, at the sole discretion of Owner. Guests are required to respect our neighbors’ privacy, peace and quiet – particularly between 10pm – 7am. Guest will not use premises as a location for commercial film/video or as a venue to host any type of party or special event.
6. Occupancy: Occupancy (including infants, small children, and visitors) is not to exceed ten (10) persons. Parties or special events are not allowed on the Premises. At Owner’s sole discretion, if Guest breaches this occupancy limitation, this Agreement may be immediately terminated without refund.
7. Age of Occupants: Occupants under age 18, must be accompanied by a parent or other legally responsible adult. The age of majority in Arizona is 21 years old. Owner does not condone nor assume any responsibility for any consequences resulting from underage alcohol consumption, which constitutes an unlawful activity and which may be grounds for termination under paragraph 18, below.
8. Acceptance of Premises: Guest agrees to accept the Premises upon arrival, provided it meets the basic description as listed on the vacation home website. Owner has a thorough inspection policy to ensure that the Premises are in good condition and that Guest will not be inadvertently held responsible for missing or broken items. Please assist Owner by reporting any missing or broken items you discover to our office within 24 hours of arrival. Guest will not be entitled to a refund of fees, relocation to another property or any other claim to or recourse against Owner due to the Guest’s unwillingness to accept the Premises.
9. Non-Smoking Property: THE PREMISES IS A NON-SMOKING PROPERTY. Guests and their invitees agree not to smoke on the Premises which includes inside the house and outside on the surrounding property. This applies to the use of cigarettes, cigars, pipes, incense and any other use of smoking materials. Guest will be held financially responsible for any property damage including additional cleaning and deodorizing expenses for carpet, drapery, and upholstery and all other costs associated with returning the Premises to a non-smoking condition. Such charges may, at Owner’s discretion, be charged to the guests or deducted from the security deposit.
10. No Pets: Absolutely no pets allowed inside or on the outside grounds of the Premises. Without limiting the foregoing, any violation of the “no pets” policy will be grounds for an immediate termination of the license granted herein and the forfeiture of all deposits and nightly fees paid, at the sole discretion of Owner. Guest shall pay for any and all damage caused by any violation of the “no pet” policy including any additional cleaning and deodorizing expenses for carpet, drapery, and upholstery and all other costs associated with returning the Premises to its previous condition.
11. Furniture: Guest agrees to not re-arrange furniture (interior or exterior patio furniture). If Guest rearranges furniture, Guest will be charged a $50 fee, to be deducted from security deposit if all furniture is not returned to its original placement before check-out.
12. Keys & Remotes: Guest is responsible for return of all keys and remotes to the Premises. Lost or damaged items are charged at the following rate – $10 per key; $25 per TV or Blu Ray Remote or other type of remote. If Owner determines, at Owner’s sole discretion, that the Premises must be re-keyed or locks replaced due to a lost, broken or unreturned key, or due to Guest having re-keyed or replaced a lock, a locksmith fee of a minimum of $100.00 (or Owner’s actual cost if higher) will be charged to the guest or deducted from security deposit.
13. Parking/Traffic: Guests must obey all traffic lawsand posted road signs and exercise caution within the surrounding neighborhood. Owner is not responsible for any fines or citations received by Guest for illegal parking or other traffic violations. Guest(s) must park in the driveway and must not block the roadway.
14. Supplies: Owner provides a “starter” amount of essential consumable products (dish soap, paper towels, toilet paper, kitchen spices, laundry soap, etc.). These supplies will not be replenished during Guest’s stay and Guest will be responsible for obtaining any and all such additional products required.
15. Utilities: Normal utility costs (gas, electric, water, cable TV), are included in the basic license fee. Owner may charge Guest for any highly excessive utility costs incurred during Guest’s stay that are more than double the average cost for the relevant period.
15A. Fireplace in the living room: The fireplace within the living room may be used for burning natural or manufactured wood logs. No railroad ties or other woods with creosote or other chemical coatings may be used at any time. Fires may be started with dry paper or manufactured fire starter pellets only; Use of liquid fire-starting chemicals are strictly forbidden. Prior to starting a fire, open the fireplace damper and ensure it is OPEN through VISUAL INSPECTION. Close the screen after lighting and at all times there is an active or smoldering fire. Prior to checkout, ensure that all fires and embers are fully extinguished and the fireplace damper is CLOSED through VISUAL INSPECTION. Cooking of any kind, including roasting marshmallows, is not permitted in the fireplace. A “starter” amount of wood will be provided and will not be replenished during Guest’s stay and Guest will be responsible for obtaining any and all such additional products required.
15B. Fireplace in the bedroom: The fireplace within the bedroom is a gas fireplace only. It is non-functional and not to be used by Guests at any time.
15C. No Campfires: Absolutely no fires outside on the premises. Any fires outside will result in loss of deposit and will be subject to Show Low civil fines and penalties.
16. Owner Access: Owner or Owner’s agent may enter the Premises immediately in the event of an emergency. For non-emergency entrance, Owner will make a reasonable effort to contact Guest and schedule a convenient time to visit the Premises. When possible, Owner will give Guest a 24-hour notice of the need to enter the Premises. Owner reserves the right, if necessary, for maintenance staff to enter the Premises during normal business hours for repair, care, or management of the Premises. Owner will make every effort not to disrupt your vacation.
17. No Assignment or Sublicense. This Agreement is a license for Guest’s sole use of the Premises only, and may not be assigned, nor may Guest’s license to use the Premises be sublicensed.
18. Termination. Guest agrees to observe the terms, conditions and restrictions set forth herein. Whether or not expressly stated in any particular paragraph, breach of any of the same is grounds for immediate termination of this Agreement without refund. Owner reserves the right to refuse or terminate this Agreement if in its opinion the Guest or Guest’s continued presence is detrimental to the Premises.
19. Cleaning. Guest shall keep and maintain the Premises in a clean and sanitary condition at all times. Upon termination of this Agreement, Guest shall surrender the Premises to Owner in the same condition as when received, with the exception of light cleaning and laundry.
20. Counterparts; Facsimile. This Agreement may be executed in multiple counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same Agreement. The parties intend that delivery of a facsimile of an executed version of this Agreement shall be binding on the sender to the same extent that an original thereof would be.
21. Entire Agreement. Entire Agreement; Amendment. This Agreement, together with any attachments, (i) represents the entire agreement of the parties hereto with respect to the matters contained herein, and (ii) may be amended, modified or waived only by a separate writing executed by all parties expressly so amending, modifying or waiving this Agreement.
22. No Waiver. No failure or delay by Owner in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder.
23. Attorneys’ Fees and Costs. In the event of any legal dispute concerning this Agreement, the prevailing party shall be reimbursed by the losing party for all reasonable fees (including attorneys’ fees) and costs incurred by the prevailing party in enforcing this Agreement. This paragraph shall survive the termination of this Agreement.
24. Choice of Law; Jurisdiction. This Agreement shall be governed and construed in accordance with the laws of the State of Arizona, without regard to the conflict of law principles. The parties hereby agree to submit all disputes arising out of or in connection with this Agreement to the exclusive jurisdiction located in Navajo County, Arizona.
25. Limitation of Liability; Indemnity by Guest:
a. General Waiver and Release of Owner. Guest hereby waives and releases completely, irrevocably and unconditionally, without limitation, Owner and their respective members, agents, employees, officers, and directors, of and from all claims, damages, losses, costs, demands, or causes of action of whatever kind or character, in law or in equity, whether such claims are presently known or unknown, direct or indirect, fixed or contingent, which the undersigned or those for whom the undersigned is authorized to act has or may have, caused by, or arising out of, or in connection with use of the Premises, including without limitation, personal injury or property damage that Guest or Guest’s invitees sustain as a result of the use of said Premises by me, my relatives, my guests or other persons to whose presence I have consented. Included in this waiver of liability, but without limiting the scope thereof, is any claim based upon the conduct of any party involved in the use of the Premises.
b. Owner Not Liable. The Owner shall not be liable to Guest or any other person on the Premises for any damage or loss occasioned by: (i) any service provided by Owner under this Agreement; (ii) the functioning or malfunctioning of electricity, cable, plumbing, gas, water, sprinklers, or other pipes and sewage systems, or the loss, interruption, or stoppage thereof or by the bursting, leaking, overflowing or running over of any tank, wash stand, closet, waste or other pipes in or near the Premises nor for any damage occasioned by water running into the Premises from any source whatsoever; (iii) or for any damage or injury arising from any acts or neglect of any other occupants or any other persons on the Premises or any other adjacent property or of the public, unless such damage or loss results from Owner’s gross negligence. All property of Guest and other occupants shall be kept or stored at the risk of Guest only and Guest hereby holds harmless and indemnifies Owner from and against any claims arising out of loss or damage to the same.
c. Guest’s Indemnity. Guest agrees to indemnify and hold harmless Owner from and against any and all claims, damages, costs and expenses (including reasonable attorney’s fees and costs) arising from the use or occupancy of the Premises by Guest or others with the consent of Guest.
d. Force Majeure. There may be circumstances beyond Owner’s control and contemplation, in which the Premises might not be available for your reservation. Such circumstances include, but are not limited to, destruction of property, sale of property, water, gas or sewer leaks, fire or any other damage to the property making it inhabitable or potentially inhabitable. In the event of Force Majeure, Owner will do its best to make alternative arrangements for Guest whenever possible. If Owner is unable to do so, then Owner will refund all monies paid. If Guest accepts the alternative accommodation, Guest agrees to relocate back to the original Premises when it is deemed available by Owner. This will be the full extent of Owner’s liability to Guest and Owner will not be responsible for any other costs connected with any such cancellation, howsoever arising.
e. Owner Not Liable. Guest agrees to hold Owner and its agents harmless from and against any liability to Guest or their invitees from accident, injury, loss or damage of personal property, or for loss of enjoyment, due to power outages, rain, sun, flood, wind, negligence, defective construction, fire, theft, inoperable or malfunctioning appliances, equipment, etc. Every effort is made to have the home clean and all equipment in good working order. Refunds will not be issued due to a malfunction in appliances or equipment. Owner will respond promptly and make reasonable attempts to repair or replace appliances or equipment that may break down in the Premises.
g. General. Without limiting the generality of the foregoing:
g.i. Guest agrees that he/she is solely responsible for any property damage, accident, personal injury, or loss sustained by Guest, and others in Guest’s party, arising out of Guest’s occupancy of the Premises, unless caused by the sole, gross negligence of Owner. Guest agrees to notify Owner immediately of any such damage, accident, personal injury, or loss, regardless of cause.
g.ii. Guest agrees to become familiar with the proper operation of appliances located on the Premises, and to use all appliances, furnishings and improvements in a safe and reasonable manner.
g.iii. Owner shall have no liability for Guest’s lost, stolen, or damaged personal property during Guest’s stay. In the event that property of Guest is lost, stolen, or damaged, Guest should advise the appropriate authority first, and then contact Owner to report the loss. Owner shall not be responsible for items left at the Premises. Please double-check the Premises for personal items prior to departure.
g.iv. Any personnel items returned to Guest will be at Guest’s expense. If Owner is asked and is able to return items to Guest, Owner will do so for a service charge of $15.00 plus applicable shipping charges, which must be prepaid by Guest or, in Owner’s discretion, be deducted from Guest’s security deposit.
g.v. Items found by Owner but not claimed after 14 days will be disposed of without liability at Owner’s sole discretion.
PARAGRAPH 25 OF THIS AGREEMENT CONTAINS LIMTATIONS OF OWNER’S LIABILITY AND INDEMNITY AGREEMENTS BY GUEST. BY SIGNING BELOW, GUEST ACKNOWLEDGES THAT GUEST HAS READ SUCH PROVISIONS, FULLY UNDERSTANDS THEIR CONTENTS, HAS THE AUTHORITY TO EXECUTE THIS AGREEMENT AND AGREES TO BE FULLY BOUND BY THE TERMS OF PARAGRAPH 25.
The undersigned acknowledges that he or she has read, understands, and agrees to the terms and conditions of this Vacation Home Agreement, agrees that the terms and conditions apply to all occupants of the Premises, and further acknowledges receipt of a complete copy hereof.
Name _____________________________ Date______________
Phone _____________________________ Email____________________________
Date(s) of Rental: ___________________ Number of Nights: ________________
Nightly Rental Fee: _____________ Total Nightly Fee: _________________
Cleaning Fee: $150 (non refundable)
Security Deposit: $250 (refundable)
Total Amount Due: _____________________
Payment #1 of Rental Amount & Due Date: _____________________
Final Payment of Rental Amount & Due Date: _____________________
3 Ways of Payment: