***PLEASE READ IN FULL***
By requesting a reservation, guests acknowledge and agree to abide by the listed rental terms and conditions.
Guest gives permission to SafelyStay, Inc., to verify guest’s identity, and check criminal databases in order to confirm the reservation. Complete terms regarding Safely’s guest verification can be found at www.safely.com/terms. Guest may receive an email from Concierge@Safely.com to complete the required screening to finalize the reservation. Check for this email (check junk/spam), and contact Safely at Concierge@Safely.com if you have any questions.
All required documents must be returned within 24 hours, or the reservation will be subject to cancellation. Terms and conditions are accepted online at the time of booking. Non-signature is not a release of any term or condition herein. Check-in instructions and access information will be provided 72 hours prior to arrival (or within 72 hours) prior to arrival provided a signed agreement and all payments have been received.
Please contact us with any questions. We look forward to hosting your stay!
SHORT-TERM RENTAL AGREEMENT | RULES AND REGULATIONS | TERMS OF SERVICE
Moose Management Vacation Rentals Park City
PO Box 981671, Park City, UT 84098
This Short-Term Rental Agreement (hereinafter “Agreement”) is entered into by and between Vacation Rentals Park City, LLC, dba Moose Management Vacation Rentals Park City (hereinafter “Manager”) and Guest (hereinafter “Guest” or “Primary Guest”). Guest and/or the plural form, Guests, shall refer to any person(s) who are entitled to use the Property; either by being part of the Primary Guest’s traveling group (including but not limited to adults, minors, family members or other co-guests) or by invitation of the primary Guest or a member of the Primary Guest’s traveling group. Guest’s payment of rent and/or fees (partial or full), taking possession of the vacation rental Property (hereinafter “Property”), or receipt of this agreement (in any form) is evidence of Guest’s acceptance of this Agreement and all of its terms. The Primary Guest acknowledges and agrees to make all other Guests aware of these terms, and to be jointly and severally liable for their conduct.
ARRIVAL time is 4:00 pm | DEPARTURE time is 10:00 am: If the Property is ready before 4:00 pm, Guest may be allowed to check in early. A fee may apply. Guest must call ahead to make sure the Property is ready. Do not enter the Property early without permission. Because we need ample time to prepare the Property for the next rental, late check-outs are not permitted and will be charged at a rate of $50 for each hour, or part thereof, past 10am MT. Additional penalties may include, without limitation, additional daily or nightly rental fees and/or loss of revenue incurred by Manager, and/or its principal, due to the Property not being available for the next group of guests. We do ask that if you plan to leave prior to the scheduled departure date, you notify Manager by phone at 435-714-6544 or by e-mail at info@VacationRentalsPC.com.
NO SMOKING Property: SMOKING IS STRICTLY FORBIDDEN IN, OR WITHIN 25 FEET OF, THE RENTAL PROPERTY. Guests must also comply with any and all smoking restrictions in or around the common areas or common facilities. Evidence of smoking (including e-cigarettes or vape pens) in or near the Property will result in immediate eviction, forfeiture of all amounts paid and will result in additional cleaning fees being charged to the Credit Card(s) on file.
PETS: PETS ARE ABSOLUTELY PROHIBITED IN THE RENTAL PROPERTY UNLESS OTHERWISE APPROVED BY AGENT IN ADVANCE AND IN WRITING. Any evidence of unapproved pets in the Property may result in immediate eviction, forfeiture of all amounts paid, fines and additional cleaning fees being charged to the Credit Card(s) on file. **May apply to emotional support animals.
SERVICE ANIMALS: Must be reported to management. An addendum to the contract will be sent to provide information and stay guidelines. As defined by the Americans with Disabilities Act (ADA), service dogs are individually trained to perform specific tasks and to work with people with disabilities.
USE RESTRICTIONS: No parties in or around the rental Property, or in any common areas or facilities, or for gatherings beyond the registered number of guests. Rental of this Property is limited to use by family groups. Primary Guest must be at least 25 years old. Manager may require proof of Primary Guest’s age as demonstrated by a valid driver’s license, passport or other government-issued photo identification. If Manager discovers that the Primary Guest fails to meet this minimum age requirement, Manager may immediately evict all Guests, and all payments made by Guest will be immediately forfeited. The person(s) signing the Agreement must be present during the rental period.
EXCESSIVE NOISE: The Property is located in a quiet residential neighborhood. Quiet time is from 10:00 pm until 8:00 am, or as may otherwise be required by the rules of the homeowner association (if any), which will be available at the Property for review. Guest agrees not to undertake any activities that violate this agreement or the community rules, constitute a nuisance, or interferes with any neighbors’ right to quiet enjoyment of their property. Guest agrees to fully comply with local noise regulations and to use common sense in keeping noise volume low after dark.
If Management staff is required to visit the Property to address a noise issue there will be a minimum charge of $100. If there is a follow-up complaint or if police, city representatives, or code compliance officials are called to the Property there will be an additional charge of $1500 (“Enforcement Fee”) and may result in immediate ejection or eviction without refund of any deposits or rents.
ARRIVAL CONDITION: The Property is inspected for cleanliness and, outside of normal wear and tear, will be in good repair before Guest arrival. Please report anything that is not in acceptable condition on the day of arrival. Anything not reported on the day of arrival will be deemed acceptable. Anything reported will be remedied, if possible. If remedy is provided, or if remedy is refused by guest, any refund requests will be denied. Manager may also refuse a refund request if we find evidence of fraud, refund abuse or other manipulative behavior.
TRAVEL INSURANCE: There shall be no refunds of any kind due to shortened stays, ruined expectations, or frustration in purpose due to weather conditions or other unforeseen circumstances such as financial, health or family emergencies. To protect the Guest’s vacation investment and the investment of the Guest’s traveling group, Manager recommends Safely Travel Insurance at https://travel.safely.com/home. Travel insurance reimburses for pre-paid, non-refundable expenses due to certain unforeseeable circumstances that may jeopardize the vacation investment and force unplanned expenses. Manager strongly recommends that Guest purchase this valuable protection. **Guest understands that certain terms and restrictions apply, and that actual policy must be consulted for full details and scope of coverage.
_______ DAMAGE INSURANCE/GUEST VERIFICATION: Guest agrees to be included in the damage protection plan provided through Manager, by Safely, for a non-refundable fee listed in the reservation invoice. Guest gives permission to SafelyStay, Inc., to verify Guest identity, and check criminal databases in order to confirm the reservation and coverage. Complete terms regarding Safely’s guest verification can be found at www.safely.com/terms. Guest may receive an email from Concierge@Safely.com to complete the screening. Please contact Safely at Concierge@Safely.com if you have any questions. Guest shall also provide a valid major credit card for items not covered under the accidental damage protection plan. A protection plan does not substitute for the Guest’s responsibility to leave the Property in the same condition as received.
EXCLUSIONS: The policy does not cover intentional or willful damage, gross negligence, theft, smoking, unauthorized pets, excessive trash removal, extensive/additional cleaning charges, unauthorized entry into the Property’s excluded spaces, exceeding occupancy limits, exceeding parking limits, any violation of Manager’s rental policies and restrictions or this Agreement, any violations of the rules, restrictions, ordinances, or laws of any City, County, State, Home Owners Association (“HOA”), or other governing regulatory or body, or any fines, penalties, expenses or other costs resulting from any of the foregoing whether imposed on Guest, visitor of Guest, or Manager (collectively referred to as “Excluded Damage Costs”). Any Excluded Damage Costs will be charged immediately to the Guest’s credit card. Guest will also be notified of Excluded Damage Costs in writing.
LIABILITY: The Property will be carefully inspected after the Guest’s departure and any damage, theft or other similar incidents which occur during the Guest’s stay and, which have not been disclosed to Manager prior to departure, will remain the Guest’s obligation. Manager is required to file a police report prior to filing a claim for items found to be missing. The policy does not cover theft or damage to Guest’s personal property brought to the Property. Guest should not rely on the summary of the policy provided herein for convenience only, and should instead review the policy for full details.
The following CONDITIONS MUST BE MET prior to departure to avoid the accompanying fee or cost assessment:
- No items are missing, and no damage is done to the Property or its contents, beyond normal wear and tear.
- No costs are incurred due to collection of rents or services rendered during the stay.
- Dirty dishes are placed in the dishwasher and started.
- All food is removed from the refrigerator and cabinets and disposed of. Unopened, non-perishable, sealed food items and paper products may be left if so desired. *Note: consumption of any food items left at the Property by a previous Guest shall be at the Guest’s own risk.
- All trash and debris are placed in trash receptacles. Please do not leave trash sitting around the Property.
- *If applicable to the Property* Garage remote is returned.
- *If applicable to the Property* Club house key card is returned.
- Beds that have been used are left unmade, so that housekeeping may determine use.
- All used towels and washcloths are left on the bathroom floor or in tub/shower.
- No fines for HOA violations.
- Furniture is not moved.
- Thermostat must be set to “heat” 65 degrees upon leaving. Pipes will freeze in winter months. (actual cost to repair any damage facilities and resultant damage)
- No late check-out. ($50 per hour, or party thereof, after 10am MT)
- All doors and windows closed and locked
- No parties or gatherings beyond the registered number of guests without prior written authorization. (actual damages with a $500 minimum charge)
- No holiday/party items left behind
- *If applicable to the Property* Hot tub not left discolored due to excessive use without showering. ($100)
- No pet violation (minimum $500 fine plus actual additional costs and fees for cleaning/eviction)
- No smoking violation. (actual damages with a $500 minimum charge)
- No use of fireworks or other hazardous materials (actual damages with a $100 minimum charge)
- No illegal activity. (actual damages with a $500 minimum charge)
- The renter is not evicted by the Manager, owner of the Property or its representatives, or local law enforcement. ($500 and no refund of rent paid)
For any violations and/or costs incurred for any conditions not met prior to departure including, but not limited to, cleaning, repairs, replacements, and fines assessed (if not covered under the accidental damage insurance) will be deducted from the security deposit, charged to the credit card on file or billed to the primary Guest.
PAYMENTS: Rates are subject to change until a reservation is confirmed. A summary of the total payment due for your stay is provided as part of the reservation request. The total may change based on the selection or deselection of insurance, deposits, tax rate changes, and/or optional fees, discounts, or services. For reservations made through Airbnb: Payments will be made and processed through Airbnb. Please see Airbnb’s payment policies to review your payment options. Note: At the guest’s discretion, add-on services may be collected via credit card or a payment link.
For all other reservations, review the following terms: A DEPOSIT equal to 10% of the total reservation is required to reserve the Property at the time of booking. An ADVANCE PAYMENT of an additional 40% of the total reservation is due and will be auto-collected 30 days prior to your arrival date from the credit card on file. A BALANCE DUE of the remaining 50% of the total reservation is due and will be auto-collected 14 days prior to your arrival date. If the reservation is made within 30-15 days of arrival, an ADVANCE PAYMENT of 50% of the total reservation will be collected at reservation acceptance. The deposit and/or advance payment are not a damage/security deposit. The deposit and/or advance payment will be applied toward the total rental fees. Please make payments via electronic check, Visa, MasterCard, Discover, or electronic check/bank transfer. When paying by electronic check, the funds for the deposit, advance payment, balance, and any taxes and/or regular fees and add-on fees must have cleared the bank before the arrival date. The remaining 50% BALANCE is due 14 days before the arrival date and will be auto-collected from the credit card on file unless otherwise paid prior. If the Guest should wish to make any payment in any form other than the provided credit card, the Guest must notify Manager prior to the respective balance due date. If ALL PAYMENTS are not received 14 days prior to the date of arrival or within 24 hours if booked within 14 days of arrival, the reservation is subject to cancellation with no refund or credit of, or for, any payment made or due. Reservations made within 14 days prior to the arrival date must be PAID IN FULL within 24 hours of booking. All payments must be made in U.S. Funds.TRAVEL INSURANCE (Optional): Did you remember to add TRAVEL INSURANCE to protect your stay? Can’t travel due to illness? Worried about flight delays or cancellations? Insurance is offered through Safely, a respected leader in Travel protection products. You’ve made an investment in your vacation. Contact us for a link to receive a free quote from Safely.
a) Cancellation by Guest: For reservations made through Airbnb or Whimstay, the posted Airbnb/Whimstay cancellation policy for the property applies. For all other reservations, a thirty (30) day written notice is required. For reservations made more than thirty (30) days before check-in, free cancellations are available for the first forty-eight (48) hours. Thirty to fifteen (30 -15) days before check-in, the advance deposit is due and is nonrefundable. Fourteen (14) days before check-in the full payment is due and nonrefundable. In an attempt to mitigate monetary losses to our guests due to unforeseen circumstances, the Manager may, at its discretion, permit the Guest to change a reserved rental period for another rental period (with the same rate) equal to or longer than the original booking with no penalty. Requests to exchange rental periods are evaluated on a case-by-case basis and no guarantees are made. Early departure does not warrant any refund of rent or deposit.
b) Cancellation by Owner/Manager: In the event Guest’s stay at the rental Property becomes impossible for any reason outside of Manager’s control (including, but not limited to those causes listed in the Force Majeure/Acts of God section below), Manager will have the sole discretion and right to cancel the booking. The renter’s exclusive remedy for said cancellation is a full refund of all rent payments, cleaning fees and any security deposit paid. If such an event occurs after check-in, the renter’s sole remedy is a pro-rated refund of the unused rental period.
I Understand and Agree to the Cancellation Terms:
MAXIMUM OCCUPANCY: Advertised maximum occupancy of the chosen Property must be strictly adhered to. If maximum occupancy is exceeded, all Guests may be required to vacate the property and forfeit any rental payments.
Additional Guests: Should Guest wish to entertain or invite additional persons on the premises, Guest shall make a written request to Manager no less than three (3) days prior to the check-in date. Requests may be denied by Manager at Manager’s sole discretion. Lack of response constitutes denial. Under no circumstances shall any approved additional guest stay later than 10:00pm. Guest is responsible for ensuring that all other Guests and visitors know, understand and abide by all rental terms while at the Property.
ASSIGNMENT OR SUBLETTING: Guest will not assign this agreement or sublet any portion of the Property.
a) MINIMUM STAY: Minimum stays are required and vary per property and season. One-night stays are NOT permitted.
b) MAXIMUM STAY: The term of occupancy by a Guest is based on the agreed term listed in the reservation. It is understood and agreed that this is a short-term rental stay. There are no rights to occupancy beyond the booked rental dates. Any stay of less than 30 consecutive days (“Sub 30 Stay”) will be managed by the Manager. Any stay of 30 consecutive days or more (“30 Plus Stay”) may be managed by, and in partnership with, Advantage Management and Real Estate Services LLC (“Advantage”), and may require execution of a separate lease agreement subject to terms and conditions set by Advantage at the discretion of Owner, Manager, or Advantage. If any breach of this agreement occurs during the stay, the owner or representative of the owner may eject or evict the Guests and any other visitors or occupants from the Property without first providing notice of the breach, or providing any opportunity to cure, and without refund of any deposits or rents.
INCLUSIVE FEES: Rates include a one-time linen and towel setup. The Property will be furnished with an initial supply of paper towels, toilet paper, trash bags and dishwasher detergent. All additional sundry supplies are the responsibility of the rental guest. Other incidental sundries may be at the Property but are not promised or guaranteed. Supplies are not replenished during the stay.
HOUSEKEEPING SERVICES: The Property is cleaned prior to arrival. Daily maid service is not included. Guest may add cleaning services during the stay for an additional fee. If desired, please contact Manager for pricing and availability. Manager stives to ensure the home is cleaned to guest satisfaction. If there are any items needing attention, Guest must report to management within 2 hours of arrival. Manager will make good faith efforts to correct any reported item as soon as possible and within 24-hours. Refunds will not be made for cleanliness items that are resolved withing 24 hours or do not pose a health or safety issue. Manager’s determination of what constitutes a health or safety issue is binding on the guest. Housekeeping will arrive promptly at the check-out day and time. If Guest has not departed, late check-out fees will apply. If Guests are not present and Guest belongings are found in the Property, Guest authorizes Manager to pack the belongings and place outside of the Property while the cleaning takes place. If belongings are not retrieved by the end of the cleaning, they will be taken to a storage location and Guest must contact Manager to arrange for pick-up. A $500 fee will be charged for this service. Guest agrees to hold harmless Manager and all Manager’s contracted vendors or employees from legal action for this process.
MAINTENANCE AND DAMAGE: Manager strives to ensure that all facilities are in good repair and everything is in working order, however, there may be an occasion when an amenity is unavailable, is out of order, or breaks down during occupancy. Manager will make good faith efforts to make repairs or replacements, but if neither is reasonably possible due to time or availability of parts or service, Manager cannot guarantee these items and will not make refunds based on malfunctions or circumstances beyond its control.
ENTRY, INSPECTION and EJECTION or EVICTION: Owner, Manager and/or Manager’s vendors or employees will have the right to enter the premises (a) in case of an emergency, (b) to make necessary or agreed repairs, alterations, improvements, supply necessary or agreed services, show the premises to prospective or actual buyers, Guests, workers or contractors, (c) when renter has abandoned or left the premises or (d) when ejection or eviction is necessary due to breach of contract.
While Manager will engage in reasonable efforts to notify Guest beforehand, no prior notice shall be required, and Guest’s non-permission shall not preclude entry.
SUB 30 STAY EJECTION: During any Sub 30 Stay, ALL Guests must vacate the rental Property within 60 minutes of the Manager’s arrival and verbal notification of ejection. If Guests are present when Manager arrives, up to 60 minutes will be allotted to immediately remove all personal property and exit the rental Property. If Guests are not present or personal property is not removed within 60 minutes, the Manager will photograph, inventory and store said property. Charges in excess of the ejection/eviction fee may apply if items are required to be removed by the Manager. The Primary Guest must claim any stored personal property within 30 days. If not claimed, the personal property will be sold or donated. If any guest does not immediately begin complying with the Manager’s verbal notice of ejection, Manager will call for the assistance of law enforcement to effect the ejection. If the Manager is required to call for law enforcement assistance the Guest will be charged the $1500 Enforcement Fee.
30 PLUS STAY EVICTION: During any 30 Plus Stay, ALL Guests must vacate the rental Property within three calendar days of the posting or service of a three day notice to quit or vacate. If Guests do not vacate the property within three calendar days the Owner, Manager, or Advantage will immediately file an unlawful detainer lawsuit against Guests and, in additional to all other fees and costs under this Agreement, Guest may be liable for three times the value of the rent and damages allowable under Utah law.
HOLIDAY/PARTY DECORATIONS: Guests may decorate for special occasions at their own expense but must remove and dispose of these decorations prior to departure. Christmas trees may not be left behind as the trash company will not pick them up. There will be a $50-$200 fee for the disposal of such items left by guests.
PERSONAL BELONGINGS: Owner, Manager and/or Manager’s vendors or employees are not responsible for the loss of personal belongings or valuables of the Guest, or their guests or visitors, during the stay or after the stay. If any item is found and Guest notifies the Manager of the missing item within 14 days of the departure date, Manager will make reasonable efforts to return the item to Guest. Any items not claimed within 14 days will be donated to a local charity. A $25 fee (plus shipping) will be charged to cover the cost of labor, drive time, and postal fees.
LOCKED CLOSETS: Owners have locked closets for their personal possessions and extras for the rental. These closets are private, not included in the rental, and are not to be opened or accessed by Guests under any circumstances; even if they are found unlocked.
PARKING: The rental Property may be subject to parking rules, regulations or policies as adopted and/or enforced by local government agencies or the homeowner’s association (if any). Guest is expected to be aware of, and fully comply with, such parking rules, regulations or policies. Guest is advised not to park any trailers or recreational vehicles at or near the rental Property without Manager’s prior written permission. Neither the Manager nor the Owner of the rental Property shall assume any liability or responsibility for any damage or costs incurred by any tenant as the result of any vehicle, trailer or recreational vehicle being parked at or near the rental Property or being towed.
RATE CHANGES: Until a reservation is accepted, and advance deposit is received to reserve a rental period, rates are subject to change without notice.
FALSIFIED RESERVATIONS: Any reservation obtained under false pretense will be subject to forfeiture of advance payment, deposit and/or rental money, and the Guest will not be permitted to check-in. If falsified information is discovered after check-in, the Guest may be evicted with no refund of rents.
STORM POLICY/ROAD CONDITIONS: No refunds will be given for storms or any other weather conditions or road conditions. If the vacation period is during the winter months, please come prepared to drive in snow and/or ice to reach the rental Property. Manager does not refund due to road or weather conditions.
FORCE MAJEURE/ACT OF GOD: Owner, Manger, and/or Manager’s vendors or employees shall not be liable for any default or delay in the performance of their responsibilities under the Agreement caused by acts, events, omissions, or accidents beyond its reasonable control, including, without limitation: acts of God, riots, floods, washouts, explosions, earthquakes, fire, storms, acts of the public enemy, governmental acts or omissions, wars, insurrections, civil disorders, quarantine restrictions, epidemics, or pandemics.
FRUSTRATION OF PURPOSE: The Parties agree that the Purpose of this Agreement is exclusively to provide lodging for the Guests during their stay. The unavailability or inaccessibility of amenities, services, facilities, or any other offerings provided by third-parties not under the control of the Owner or Manager during the Guest’s stay, shall not excuse performance of the Agreement. The availability or accessibility of such amenities, services, facilities or other offerings provided by third-parties shall not be considered an essential term of this Agreement.
WINTER CONDITIONS: Guests are notified that this Property is in a mountain location where winter conditions may apply. Walkways, driveways, sidewalks, stairs, etc. may be slippery due to ice and snow. These areas may be slippery even when they do not appear to be. Guests are advised to use caution. Please step carefully on all outdoor surfaces. It is further advised that shoes be removed upon entering the home as wet or icy soles can cause slippery conditions on tile or wood floors inside the Property.
CLUB HOUSE: *If applicable to the home* A club house key card is located inside the Property. A replacement fee of $200 will be charged if the key card is not returned to the Property upon departure. Guest agrees to abide by all club house rules and regulations. These rules and regulations are posted at the club house. The club house has a video surveillance system to monitor all activity. Guest will be responsible to pay for all repair costs associated with damages caused by them or by their guests.
The rental Property (and/or the common areas or common facilities) may include certain “Special Amenities” such as private or shared-use spas, hot tubs, whirlpools, saunas or pools. These Special Amenities are considered luxury amenities and are not guaranteed to be available or functioning during Guest’s stay.
Guests must comply with any rules and regulations governing the use of Special Amenities (i.e. hours of use, noise restrictions, maximum number of users, consumption of food, use of glass containers, etc.). Violation of such rules and regulations may result in Guest being banned from further use of the Special Amenities.
HOT TUB: *If applicable to the Property* No Children under the age of 12 are permitted in the hot tub without direct adult supervision. PLEASE SHOWER before using the hot tub. Excess body oils and lotions can cause the water to become cloudy, foamy, and/or discolored and decrease the filter efficiency. If hot tub is left discolored due to excessive use without showering, a fee of $100 will be charged to drain and refill. When using the hot tub, remember that there are certain health risks associated with using hot tubs. USE AT YOUR OWN RISK. DO NOT press more than one function button at a time. This can affect the programming and cause the tub to discontinue heating and/or filtering. If maintenance is called to the Property for user error, a $25 fee ($50 after hours) will be charged to the rental Guest. The hot tub is drained, refilled and chemicals replenished on a regular basis by a certified pool operator. A licensed technician may enter the Property to service the hot tub regardless of occupancy. The service is required, by the county, to drain and refill if the water cannot be balanced chemically to licensing standards. This is for your health and safety. If the hot tub is drained and refilled, the water will take 12-24 hours reheat. Hot tub covers are for insulation purposes and are not designed to support a person or persons. Do not stand or climb on the hot tub cover. When not using the hot tub, PLEASE LEAVE THE COVER ON so hot tub will stay warm and cable LOCKED for safety.
BBQ / FIREPLACE / FIRE PIT / PATIO HEATER: *If applicable to the Property* Guest must ensure the burners, and the propane or gas, are turned off when not in use. If BBQ, fire pit and/or patio heater uses a propane tank, this is provided as a courtesy. Manager does not monitor propane levels or make exchanges. Refills can be obtained at multiple locations. Reimbursement for refills can be obtained by sending a receipt to info@PCMoose.com. Any damage caused by fire or smoke shall be the sole responsibility of the Guest.
BICYCLES: *If applicable to the Property* Use of bicycles left at any rental Property constitutes the understanding
and agreement of the following terms, conditions and disclaimers:
1. Insurance. Guest is responsible for carrying their own travel, health and dental insurance to cover personal medical care in case of any accident, injury and/or any third-party liability that may arise from the use of bicycles by any Guest. No coverage is available from Manager to insure Guest or the bicycle from loss in case of damage, theft or other liability incurred in the use of the bicycle.
2. Use of Bicycle. Guest is voluntarily participating in an activity that has inherent risks. Guest is aware of, and assumes, all risks associated with the use of bicycles. Guest is aware that roads may be poorly maintained and that other hazardous conditions do exist. Guest agrees to operate the bicycle in a safe manner for all road conditions. Furthermore, it is the responsibility of the Guest to operate the bicycle in a manner appropriate to any and all prevailing road and weather conditions including but not limited to the following: a) agrees to wear a helmet while operating the bicycle, b) knows the relevant rules of the road and practices safe cycling, c) has experience operating a bicycle(s) similar to the bicycle at this Property, d) will operate the bicycle only during daylight (from sunrise to sunset).
*bicycles are not provided with lights for nighttime riding.
3. Release of Liability. Guest, for himself/herself and for any other person or entity for whom Guest is legally responsible, hereby forever releases, discharges and hold harmless the property owner(s), Manager and each of their agents and employees from and against any and all liability, harm, or damage arising out of or related to the use of bicycles in connection with the rental and use of the Property. Guest understands that any bicycle, helmet or other associated equipment is not regularly inspected and that no representations or warranties are made regarding the adequacy or efficiency of such equipment. Guest assumes the risk of any inadequacies or deficiencies. In the event that the participant/user of any bicycle is under the age of consent (18), Guest hereby represents and warrants that Guest is the parent or guardian of the minor and gives consent, without reservation, to the foregoing on behalf of this individual.
SPECIAL RULES AND REGULATIONS: *If applicable to the Property* The Property may have specific rules and regulations. These rules may be posted at the Property, listed in the guest materials/folders at the Property, sent to the Guest by email, or Guest may be notified by phone. Guests must comply with any rules and regulations of the Property. Failure to do so may result in restrictions of use, fines and/or eviction with no refund of rents.
NO ILLEGAL ACTS: Guest will comply with all statutes, ordinances, and requirements of all municipal, state and federal authorities and all HOA rules and regulations regarding the use of the Property. The rental Property shall be treated with respect and consideration. Please be aware that some neighbors to this Property are guests and some are permanent residents. Guest shall respect the peace and privacy of any of the neighbors to this Property at all times. Any violations of the above stated policy could result in eviction from the premises without notice and without refund of any deposits or rents. If the Manager obtains evidence of illegal or disrespectful activity, a minimum $500 fine may be charged to the Guest.
WAIVER: Failure of Owner/Manager to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of any provision of this agreement.
LEGAL: Manager and Guests agree to mediate any dispute or claim arising out of this Agreement before resorting to court action unless the amount in controversy is within the jurisdiction or the Small Claims Court in Summit County, Utah, in such event Manager shall not be required to mediate prior to filing any court action in small claims court. Mediation costs/fees shall be divided equally among the parties. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Utah. In any action or proceeding arising from this agreement, the prevailing party shall be entitled to its attorney fees and costs, expert and consultant fees incurred. Notwithstanding any provision herein to the contrary, the Owner, Manager, or Advantage may eject or evict Guests, or otherwise have the Guests removed from the Property by local law enforcement or legal proceedings for any alleged violation of this agreement without being required to mediate.
CREDIT CARD(S): Any Guest or intended Guest who provides any credit card information to Manager, is doing so as a guarantee of payment of all or any portion of the Rental Fees and each such Guest accepts all terms of this Agreement and accepts complete liability for the payment of any rental fees (including, without limitation, any costs, fees, expenses, charges or fees related to the rental, occupancy and/or use of the rental Property as set forth in this Agreement), as well as any damage (not covered under the accidental damage policy) during any Guest’s occupancy and use of the rental Property. Each Guest providing his or her credit card understands that these rental fees (excluding eCheck payments) will be charged to their credit card and hereby authorizes Manager to charge their credit card for payment of any such rental fees.
WAIVER AND RELEASE OF ALL CLAIMS, ASSUMPTION OF RISK AND INDEMNIFICATION:
Guest agrees to carefully read this waiver and release, assumption of risk and indemnity form (the “Release”).
SCOPE AND APPLICATION: This Release applies to use of the Property by Guest or Guests, visitors or other authorized users of Guests, including but not limited to use of the Property’s interior, exterior, fixtures, appliances, heating and cooling systems, structures, accompanying common areas, facilities, and amenities, stairways, yard areas, barbeques, fireplaces, swimming pools, hot tubs, bicycles, and/or any other amenity that is part of or accompanies the Property or Community. All of the foregoing uses shall be collectively referred to in this Release as “Use of Premises.”
RELEASING PARTIES: Guest understands that this Release applies to all Guests as well as any co-Guests, visitors, or other persons on the Property during the stay whether or not invited or authorized to be on the Property, including but not limited to family members and minor children. All such persons are collectively referred to as “Releasing Parties.”
RELEASED PARTIES: Guest further understands that this Release applies to waive and release claims against, and limit the liability of, Manager, the owner(s) of the Property, their employees, representatives, agents, vendors, contractors, assignees, volunteers and other person acting on their behalf. All such persons are collectively referred to herein as the “Released Parties.”
RISK OF USE: Guest recognizes that there are dangers and inherent risks associated with the Use of the Premises, and any pool/hot tub amenities, bicycle equipment, including but not limited to risks of property damage and personal injury including serious bodily injury, permanent disability, paralysis and death. These dangers may be caused by Guest’s own actions or inactions; the actions or inactions of co-Guests, visitors, family members, trespassers, or other third parties; the condition on the Property; weather conditions; or the negligence of the Released Parties. The causes of risk include, but are not limited to, unfamiliar or defective stairs, decks, furniture, windows, doors, decorations, fireplaces, grills, barbeques, appliances, heating systems, and landscaping; unfamiliarity with proper use of such items; unfamiliar location or lack of lighting; potentially loose or unsecure fixtures, railings or floorings; slippery or uneven interior and exterior walking surfaces; electrical outlets, plugs and systems; sharp or heavy objects; hot or cold objects; items within the reach of children; weather related causes such as wet, icy, hot, cold or slippery surfaces, or hazards disguised or hidden by darkness or other factors; the general age, condition, or location of the Property and objects contained in and around the Premises; the use and existence of pool/hot tub amenities (including but not limited to drowning, running, slippery surfaces, diving, and shallow areas); the use of any bicycle equipment (including but not limited to malfunctioning or inadequate equipment, collision, crashes, traffic hazards, unsafe road or weather conditions), and other similar causes.
ASSUMPTION OF RISK: Guest acknowledges that in any Use of the Premises, Guest and all other Releasing Parties expressly, knowingly and freely assume the risk and liability of such use, and of any injury or death of persons, or damage to property from any cause whatsoever, foreseeable or unforeseeable, known or unknown, resulting from the use, occupancy or enjoyment of the Property. Guest voluntarily agrees to assume and accept all risks arising out of, associated with, or related to the Use of the Property, even though such risks may have been caused by the negligence (in whole or in part) of the Released Parties, or other Releasing Parties. Guest hereby certifies that Guest and all Releasing Parties have adequate insurance to cover injury, illness or damage that may be caused or suffered during their Use of the Premises, including the risks identified above, and otherwise agree to personally bear all losses associated with such damage or injury.
DUTIES AND REPRESENTATIONS: Guest warrants that all minors will be properly supervised, monitored and controlled at all times so as to prevent injury, death, or property damage arising from the Use of the Premises.
RELEASE OF LIABILITY: Guest understands that in exchange for being allowed to use the Property, including but not limited to any pool/hot tub/bicycle equipment, to the maximum extent permitted by law, Guest, on behalf of itself and the other releasing parties, including minor children, are waiving, releasing and giving up the right to hold the Released Parties liable for any injury, loss or damage which Guest or any other Releasing Parties may suffer while using the premises or during the stay. This shall include, and Guest shall be solely responsible for, any and all accidents, injuries, illness damages or losses, regardless of severity (and including without limitation, death or disability), that Guest or other Releasing Parties may sustain as a result of the Use of the Premises. This shall apply to any damage or injuries resulting from the negligence of the undersigned, any of the Releasing Parties, or otherwise. Guest agrees that the Released Parties shall not be responsible for any accidents, injury, illness, loss or damage of any kind sustained by any person during their Use of the Property or its amenities including any accident, injury, illness, loss or damage which might be caused by the negligence (in whole or in part) of the Released Parties or otherwise. Guest further understands and agrees that the Release will have the effect of fully and completely releasing, discharging and waiving, and forever relinquishing any and all actions, claims, demands, or causes of action against the Released Parties related to the Use of the Premises and Property.
INDEMNIFICATION: Guest hereby agrees to indemnify and hold harmless the Released Parties from and against any and all damages, injuries, claims, costs and expenses related to acts, events or omissions occurring in, on or about the property, or arising out of or in any way related to Use of the Premises, Guest’s breach of any term of this agreement, or any work, activity or thing done, permitted or suffered by Guest in, on or about the property even though such claims may have been caused by the negligence of the Released Parties. These obligations shall include the payment of the Released Parties’ actual attorney fees (as incurred) and each Released Party shall have the right to obtain legal counsel of its choosing. Guest obligations shall apply to any claims/causes related to the Use of the Premises including, but not limited to any claims against the Released Parties by Releasing Parties to any claims of injury or death, and to any claims of damages of loss of property.
MOLD, MILDEW, METH CONTAMINATION: Guest agrees to defend, indemnify and hold Landlord harmless against any and all claims, actions, causes of action, demands, liabilities, losses, damages, and expenses of any kind, including but not limited to, attorney’s fees and court costs, that may be made against Released Parties as a result of or arising out of the growth or proliferation of mold or mildew, or methamphetamine contamination caused by actions or negligence of Guest or any invitee or occupant of the Property. Guest further agrees that Released Parties shall not be liable for any damages caused to Guest, Guest’s invitees, occupants, or any property within the Property resulting from mold, mildew, or methamphetamine contamination. Guest shall indemnify Landlord from any liability relating to mold, mildew, or methamphetamine contamination resulting from damages to any person or property within the Property regardless of the source of the mold, mildew, or methamphetamine contamination. Guest agrees to immediately notify Manager or Advantage of the existence of any mold, mildew, or methamphetamine contamination within the Property.
ACKNOWLEDGEMENT: Guest expressly agrees that this Release is intended to be as broad and inclusive as is permitted by law and that no oral statements, representations, or inducements apart from this Release and Agreement have been made. Guest acknowledges that Guest has read this Release and understands the language in it. Guest understands that Guest is not only releasing the Manager, but also the persons included in the term “Released Parties” defined above, including owner(s) of the Property. Guest understands that this Agreement will be binding on Guest, and Guest’s spouse, heirs, personal representatives, assigns, visitors, authorized users, minor children, and any guardian ad litem for said children. Guest understands that this is a legal agreement. Guest understands that Guest is giving up substantial rights on its own behalf, and on behalf of its minor children. Guest declares it is signing this Release freely and intends the Release to be complete and unconditional.
ENTIRE AGREEMENT: The foregoing constitutes the entire agreement between the parties and may be modified only in writing and signed by all parties. Each section, subsection, paragraph, or sentence of this Agreement shall be deemed severable. If for any reason any portion of this Agreement is unenforceable, that portion shall not affect the applicability or validity of any other portion of this Agreement. This Agreement and any modifications, including photocopies or facsimiles, may be signed in one or more counterparts, each of which will be deemed an original and all of which taken together will constitute one and the same instrument. If there is more than one Guest, all Guests are jointly and severally liable under this rental agreement.
By placing a reservation, ALL terms and conditions of this agreement are deemed read, understood, and accepted, and receipt of the information herein is acknowledged.
Primary Guest Signature: