988 CONNETT ROAD COTTAGE SHORT TERM RENTAL AGREEMENT
This Short Term Rental Agreement (“Agreement”) is made by and between the undersigned (“Guest”) and Triple M Cabins LLC, an Ohio limited liability company (“Owner”) and is for the rental by Guest of the premises known as 988 Connett Road, Nelsonville, Ohio 45764 (the “Cottage”) upon the following terms and conditions:
1. RENTAL. Guest shall pay the rental fee of [$125/180] per night for the number of days agreed to. Full payment, or approved method of payment, of the Rental Fee is due prior to the Rental Start Date. As long as full payment of the Rental Fee is received prior to the Rental Start Date, Guest will be provided with the keys or other entry to the Cottage on the Rental Start Date.
2. CHECK-IN AND CHECK-OUT TIMES. Check-in time is 4:00 p.m. on the Rental Start Date. Check out time is 11:00 a.m. on the Rental End Date. If the Guest (or any member of his or her party) has not departed by this time, Guest may be subject to an additional night’s rent unless arrangements are made for late check-out with Owner.
3. SCHEDULE CHANGES. If the Guest does not plan to occupy the Cottage on the Rental Start Date, then the Guest shall notify the Owner at least 60 days prior to the Rental Start Date of the date it intends to occupy the Cottage. If the Guest cancels its reservation of the Cottage less than 60 days prior but more than 30 days prior to the Rental Start Date, the Guest will be charged 50% of the Rental Fee. If the Guest does not cancel its reservation of the Cottage at least 30 days prior to the Rental Start Date, the Guest will be charged the entire Rental Fee.
4. FURNISHINGS AND EQUIPMENT. The Cottage is a privately owned dwelling containing the Owner’s furnishings. The Owner shall not be responsible for providing any additional furnishings or equipment not available presently in the Cottage.
5. DAMAGES. The Guest shall indemnify Owner for any damage to the Cottage, grounds, furnishings, equipment, and household items therein which occur during the Guest’s occupancy, excluding normal wear and tear. Guest understands that any damages that are discovered to exist or that occur during Guest’s occupancy should be reported to the Owner within one day of the date the damage occurred.
6. LAWFUL USE. Guest shall use the Cottage premises for lawful purposes only and shall comply with all applicable laws at all times.
7. FIREWORKS. Guest shall not use fireworks or similar devices on the Cottage premises. If fireworks or similar devices are used on the Cottage premises, the Owner may terminate this Agreement immediately and Guest shall not be entitled to a refund of any sort.
8. SECURITY DEPOSIT. Guest shall provide Owner with a security deposit in the amount of [$250], which may be used to offset any damage to the Cottage caused by Guest or any member of his or her party. This Security Deposit is not intended to limit the amount of damage the Guest may be liable for.
9. NO SUBLETTING OR ASSIGNMENT. The Guest may not sublet or assign this Agreement without written consent of the Owner.
10. ENTRY BY OWNER. The Owner, or any agent of the Owner may enter the premises during normal working hours (8:00 a.m. to 6:00 p.m.), and at any other time in the event of an emergency, for the purposes of effecting necessary repairs and/or maintenance, but the Owner shall provide the Guest with notice of the intended time of entry.
11. COMPLIANCE WITH RULES AND REGULATIONS. Guest and any other occupant of the Cottage shall adhere to the rules and regulations posted in the Cottage and attached hereto as Exhibit A (the “Cottage Rules”). If Guest or any other occupant of the Cottage violates the Cottage Rules or the rules or conditions of this Agreement (or otherwise breaches this Agreement in any respect), the Owner may terminate this Agreement, maintain an action for possession of the premises, seek injunctive relief, and/or bring an action for damages in addition to any other remedies available at law or in equity.
12. PETS. Pets are not permitted at the Cottage. If a pets’ presence at the Cottage occurs without express permission, Guest shall be liable for an additional cleaning charge in the amount of $250.
13. SMOKING. Smoking is not permitted inside the Cottage. If smoking occurs inside the Cottage, Guest shall be liable for an additional cleaning charge in the amount of $250.
14. HOT TUB. A violation of the provided Hot Tub rules (attached to this Agreement) may result in additional charges or harm to Guest or other members of his or her party. If the Hot Tub needs emptied due to misuse or violations of the Hot Tub rules, Guest shall be liable for an additional charge of [$200]. Use of Hot Tub is at Guest’s sole risk. When the Hot Tub cover is opened, Guest is responsible for the health and safety of all guests present.
15. UTILITIES. Standard utilities are included within the rental fee. Guest shall be responsible for all other extraordinary charges.
16. CONDITION OF COTTAGE UPON DEPARTURE. The Guest shall leave the Cottage premises in a ready to rent condition at the expiration of the rental period, less general cleaning, ordinary wear and tear, and without damage. Guest shall pay for any maintenance and repairs necessitate to make the Cottage ready to rent for another guest should the Cottage premises be left in a lesser condition.
17. DISCLAIMER AND INDEMNIFICATION. Guest agrees that Owner, and its respective agents and employees shall not be liable for any loss of or damage to any personal property in or on the Cottage, nor shall Owner, or any of its respective agents or employees be liable to Guest (or any member of his or her party) for failure to repair or maintain any part of the Cottage premises or property contained therein absent intentional misconduct on the part of Owner. Without limiting the foregoing, Guest agrees that neither Owner, nor its respective agents or employees shall be liable for any damage to the personal property of the Guest (or any member of his or her party) arising from theft, vandalism, fire, water, rain, acts of God or government, interruption of utilities, acts of others or other third party or external causes whatsoever. Guest agrees to hold Owner harmless from and against any such claims. Guest (and any member of his or her party) agrees that engaging in the use of the Hot Tub, hiking on the Premises, engaging in activities prohibited by this Agreement, and other potentially dangerous activities (collectively, the “Activities”) may result in the risk of harm including but not limited to illness or death. TO THE FULLEST EXTENT PERMITTED BY LAW, THE GUEST HEREBY EXPRESSLY WAIVES AND RELEASES ANY AND ALL CLAIMS WHICH HE OR SHE MAY HAVE, NOW OR HEREAFTER, WHETHER KNOWN OR UNKNOWN, AGAINST OWNER AND ITS RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, MEMBERS, REPRESENTATIVES, CUSTOMERS, CLIENTS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, “RELEASEES”) ON ACCOUNT OF ANY AND ALL ILLNESS OR DEATH ARISING OUT OF OR ATTRIBUTABLE TO THE GUEST’S PARTICIPATION IN THE ACTIVITIES, WHETHER ARISING OUT OF THE NEGLIENCE OF ANY OF THE RELEASEES, OR ANY OTHER CAUSE. THE GUEST COVENANTS NOT TO MAKE OR BRING ANY SUCH CLAIM AGAINST ANY OF THE RELEASEES, AND TO FOREVER RELEASE AND DISCHARGE RELEASEES FROM LIABILITY UNDER SUCH CLAIMS. The Guest hereby represents and warrants that he/she is at least 18 years old and has the authority to sign this agreement. 20. MISCELLANEOUS. Guest agrees that this Agreement shall be construed in accordance with the laws of the State of Ohio and that any suit or other proceeding relating to this Agreement and any activities covered hereby must be filed or entered only in Athens County, Ohio. Any portion of this Agreement deemed unlawful or unenforceable is severable and shall be stricken without any effect on the enforceability of this Agreement as a whole to the full extent authorized by law.
