Manager and Guest agree and promise as follows:
1. Leased Premises. Manager leases to Guest, the real property described above in Summit County, Colorado (the "Leased Premises") for a period as determined by the reserved dates.
Summit County, Colorado is a high alpine environment that accumulates between 150-250 inches of snow per winter. Weather conditions can vary drastically from day to day, from beautiful sun to several feet of snow in a short period of time. Temperatures in the County can dip well below 0° and the elevation you reside at can be well over 9,000 feet. Due to these conditions we cannot be held responsible for frostbite, falling snow or ice, slipping on ice or snow, lack of visibility, road or driveway conditions, snow on the house, deck. driveways or walkways, access to the Leased Premises or high altitude sickness. High altitude sickness, which may include such symptoms as fatigue, headaches and difficulty breathing, should be taken seriously. If you experience any of these symptoms Manager recommends that you seek immediate medical assistance. Roads and driveways, even if plowed, are often covered with snow and ice. Therefore, a 4wd vehicle, snow tires or chains, and careful driving are strongly recommended. Resort Managers will not be responsible for vehicles or driver that become stuck in the snow or slide on the ice, nor will refunds be given for any issue relating the the above paragraph.
Resort Managers LLC will make every effort to ensure your vacation is as enjoyable and free from any problems within our control. Our willingness to ensure you have a problem free vacation is, however, not a guarantee of a problem free vacation. Guest understands that prior to, during, and after your stay you may experience difficulties and inconveniences that are out of, or beyond, the control of Manager. Whether these difficulties are caused by the Guest, another party, or mother nature, it is the Guest’s personal responsibility to address these issues to your fullest extent and attempt to remedy them on your own.
2. Rental Term and Payments. Unless otherwise agreed by the parties in advance of the reservation, The total Rental Payment for the term of the Lease as described above shall be due in advance, and prior to the time Guest takes possession of the Leased Premises as follows:
***New flexible deposit and cancel policies during these unprecedented times:
*If your stay is between June 1 and November 8th of 2020, no money down, entire stay is charged 48 hours prior to arrival. Reservation is nonrefundable if cancelled after the reservation has been charged 48 hours prior to arrival.
*Stays after November 8, 2020, 6% down at the time of booking, 25% of balance due is charged 14 days prior to arrival, the remaining balance is charged 7 days prior to arrival. Reservation deposits are non-refundable once paid and will be the cancel fee if you decide to cancel.
*The deposit schedule below applies if you booked your reservation prior to March 19, 2020 for a stay in the future.
(a) Reservation Fee: Guest shall pay to Owner 50% of the Rental Payment at the time Guest reserves the Leased Premises for this short term rental.
(b) Rental Balance: The remaining 50% of the Rental Payment shall be paid to Manager 30 days prior to the Guest taking possession of the Leased Premises.
(c) Cancellation/Refund: Guest agrees that this rental may be cancelled by Guest if Guest provides written notice to Manager of such cancellation at least thirty (30) days prior to the commencement of the Rental Term. Manager shall, within fifteen (15) days of receipt of Guest’s written notice of cancellation, refund all amounts previously paid by Guest, less The cost of the first night’s total rent as Cancellation Fee (provided Guest’s notice of cancellation was received by Manager no less than thirty (30) days prior to the commencement of the Rental Term, as set forth above). If Guest fails to provide thirty (30) days written notice of cancellation to Manager, does not appear for the rental, departs early or arrives late, the Reservation Fee described in subparagraph (a) above shall become non-refundable and will be retained by Manager as liquidated damages.
If any payment is returned unpaid by a bank or credit company, a late charge of ten percent (10%) of such returned rental payment will be charged as additional rent, which may be collected immediately by Manager prior to commencement of the Rental Term. Guest agrees at the expiration of this Lease to peacefully surrender and deliver the Leased Premises to Manager in the same condition as when first rented by Guest, ordinary wear and tear excepted, or an additional fee for cleaning will be charged to the guest.
3. Check in/ Check out. Guest acknowledges that check-in is between the hours of 4:00 p.m MST. Check-out is at 10:00 a.m. MST. Before and after hours check-in or check-out may be made available to Guest by Manager on a case-by-base basis if requested prior to check-in or check-out. We reserve the right to assess a fee, cancel, change, or modify any late or early check in arrangements if the need should arise.
4. Use, Occupancy and Assignment. Guest agrees that the Leased Premises will be used for short term residential purposes only and that no other guests or individuals other than those Guests listed in this Agreement will reside on or otherwise occupy the Leased Premises without first obtaining the Manager’s written consent. Guest understands and agrees that these limitations on occupancy and use of the Leased Premises are a material inducement for the granting of this Lease by the Manager to the Guest. Guest promises and agrees not to transfer or assign this Short Term Lease Agreement, nor sublet the Leased Premises or any portion thereof, without the prior written consent of Manager. Any such assignment without the proper written consent of Manager shall be void and shall, at Manager’s option, terminate the Lease.
5. Damage Insurance. Damage waiver policies are mandatory on all reservations, and protect the homeowner, as well as the guest from additional charges for accidental damage to the property. GUEST MUST INFORM MANAGER OF ANY ACCIDENTAL DAMAGE TO THE PROPERTY PRIOR TO CHECK OUT FOR THE DAMAGE WAIVER TO APPLY. This fee is nonrefundable. Guest will also present Manager with a signed credit card impression which will remain open and will constitute an authorization for Manager to charge the Guest’s credit card for any damage to the Leased Premises which exceeds the Damage Insurance and to use for any other miscellaneous charges accrued by Guest during his/her/their stay. Credit card authorizations will remain valid until such time as the Leased Premises can be properly inspected by Manager and any damage to the Leased Premises or missing inventory (appliances, dishes, silver, towels, sheets, electronics, etc...) can be calculated. Inspection of the Leased Premises is performed following each guest’s departure and inventories are reconciled. Damage charges will be assessed within thirty (30) calendar days following the Guest’s checkout. This is done to allow ample time to inventory items, assess damages, price and replace items and repair the Leased Premises.
6. Housekeeping and Linen Service. The Leased Premises is thoroughly cleaned and supplied with linens, towels, soap, and paper products prior to each Guest’s stay. Additional housekeeping services are available for an additional charge by request of the Guest prior to Guest’s arrival. Payment for additional housekeeping services will be due and payable by Guest prior to Guest’s check-in. Cleaning of the premises will be completed by the Manager upon Guest’s departure. Any excessive cleaning due to abuse or negligence of Guest will be charged to the Guest’s Damage Deposit or credit card on file with the Manager, in Manager’s discretion. One (1) set of towels per Guest and one (1) set of sheets per bed are stocked in the Leased Premises. Linens and towels should be left in the condition found upon check-in and are inventoried prior to departure. Any loss or damage to towels and linens will be charged to the Guest. Please care for our homes as you would your own and leave them in reasonably clean condition upon your departure.
7. Rules and Regulations. Guest agrees to comply with the reasonable rules that the Manager deems desirable or necessary for the use and protection of the Leased Premises. Any breach of the rules and regulations shall be considered a breach of this Lease and shall permit the Manager to terminate this Lease. Guest further agrees to abide by all applicable local, state and federal laws and police, fire, and sanitary regulations, and failure to do so shall constitute a breach of this Lease.
8. Entry by Manager. Guest expressly agrees to permit the Manager or its agent to enter the Leased Premises, including storage areas, at any reasonable time from 8:00 a.m. to 5:00 p.m., for the purpose of inspection, repair or maintenance of the Leased Premises or to show the Leased Premises to a potential buyer. Manager or its agent may enter the Leased Premises at any time to deal with an emergency or to prevent damage to the Leased Premises. Manager will do everything possible to minimize the impact of such intrusions.
9. Re-assignment of Leased Premises. Should the need arise; the Manager reserves the right to assign the Guest to similar accommodations before, at or after check-in if an emergency situation occurs. If re-assignment is necessary and the re-assigned Leased Premises has a higher rental rate, Guest will not be charged for such higher rate and no refund will be given. Errors in bookings, damage to a property, inaccessibility to a property, or similar may occur prior to or during a guest stay.
10. Indemnification. To the fullest extent permitted by law, Guest agrees to indemnify, defend and hold Manager and the owner of the Leased Premises harmless from and against any and all claims, liability or damages, including, but not limited to, attorney’s fees, loss of profit or other special or consequential damages, arising from any injury, damage, claims or loss to person or property caused or alleged to be caused by any accident, condition or casualty to, upon, or about the Leased Premises that that is caused by or in any way arises out of or is related to the Guest’s rental of the Leased Premises, unless such accident, condition, or casualty is directly caused by the intentional or reckless acts or omissions of the Manager or the owner of the Leased Premises. Notwithstanding any duty the Manager or the owner of the Leased Premises may have to repair or maintain the Leased Premises, in the event that the Leased Premises or its contents are damaged by the negligent, reckless or intentional act or omission of the Guest or the Guest’s invitees, the Guest shall bear the full cost of such repair or replacement. The Manager and the owner of the Leased Premises are not responsible for any damage or destruction to the Guest’s personal property.
11. Attorney's Fees. In the event the Guest violates the terms of this Lease or defaults in the performance of any covenants in the Lease and Manager engages an attorney or institutes an action, counterclaim, or summary proceeding against Guest based upon such violation or default, Guest shall be liable to Manager for such attorney’s fees, costs, and expenses. In the event the Guest shall bring any action against the Manager or owner of the Leased Premises pursuant to this Lease or based upon any physical condition of the Property or its contents, and Manager or the owner of the Leased Premises prevails, Guest shall be liable for the costs and expenses of defending such action, including reasonable attorney's fees.
12. Miscellaneous. If any provision of this Lease shall be declared invalid or unenforceable, the remainder of this Lease shall continue in full force and effect. Manager has the right to waive any one or more breaches of this Lease and any such waiver shall not be construed as a waiver of any future breach of this Lease. Manager may accept rent or other sums due under this Lease without waiving any rights to enforce any Lease provision. Manager shall have such rights, obligations, and remedies as contained in this Lease, and said rights, obligations, and remedies shall be cumulative and shall not be exclusive of any other rights, obligations and remedies provided by law. Any grammatical changes shall be implied whenever necessary to change the gender and number of the parties to this Lease so that the wording in the Lease shall reflect the accurate fact. This Lease may not be altered or amended except by written agreement signed by both parties.
13. Additional Provisions:
a. Smoking. No smoking shall be permitted on the leased premises. If management discovers any evidence of smoking a $500 clean fee will be assessed.
b. Pets. No pets shall be permitted on the Leased Premises unless prior arrangements have been made in writing between Guest and Manager, with the approval of the Owner of the Leased Premises. A $500 fee per pet will be charged to the guest for unauthorized pets on the rental premises.
c. Cleanliness. Guest is expected to return possession of the leased premises in similar condition to when occupancy was taken. Should any excess cleaning be needed, beyond normal use, guest will be charged an additional clean fee in an appropriate amount to remedy the excess labor needed to render the property into an acceptable condition.
d. Parking. Parking shall be permitted in designated areas only. In no event will more than one (1) vehicle be parked upon the Leased Premises at any one time. Additional vehicle parking should be available in Town lots for a fee. If you booked a private residence (not in a complex), you will typically have more than 1 parking spot available.
e. Hot Tubs. Guest acknowledges that he/she/they have read the Directions for Hot Tub Care and Usage that have been provided to Guest by the Manager. Guests further acknowledges that neither Manager, its employees, contractors and subcontractors nor the owner of the Leased Premises are not responsible for any bodily harm or injury that may occur by using the hot tub. By entering the hot tub Guest agrees to assume all responsibility for any damage or injury to the hot tub or to Guest or any of Guest’s guests or invitees while using the hot tub. If the hot tub components cease to operate during the guest stay we will make every effort to return the tub to full functioning condition as soon as possible. Every hot tub is inspected and treated prior to a guest stay and verified to be in good working order, we will not issue refunds for hot tub situations out of our control. A hot tub clean and drain fee of $100 will be charged to any guest who abuses the hot tub water.
f. Internet Service. Manager makes no guarantee of continuous internet service during Guest’s stay due to user error, down provider services or equipment malfunction. Service is not always reliable. No refunds will be made due to interrupted service.
g. Appliances. Manager warrants that the Leased Premises and its equipment and appliances are in good working order (unless otherwise disclosed to you in advance) as of the last inspection by our staff. If any household equipment, appliance (including hot tub), system, fixture, device, or element is inoperable upon check-in or becomes inoperable during your stay, please report it promptly to the Manager. Manager will make every effort to have any malfunction, equipment or appliance repaired in a timely manner but cannot always guarantee full or immediate resolution. Guest acknowledges that Manager, its agents, authorized employees or repairmen may enter the Leased Premises for purposes connected with repair, care or maintenance of the Leased Premises and its equipment and appliances. No refunds will be given to Guest for equipment or appliance failure or for any inconvenience or disappointment resulting from Manager’s inability to immediately correct a malfunction in the Leased Premises’ systems, equipment or appliances. As a guest renting a property from Manager you agree that during your time of occupancy the care and condition of the equipment and appliances in the Leased Premises is your responsibility.
h. Travel Insurance. Manager will not be held liable for loss or damage due to flight delay or cancellation, poor weather conditions, family illness, road closure, automobile issues, or any other travel related issue. We recommend all guests secure travel insurance for their vacation through an outside party.
i. Lease termination/Removal from Premises. Should the need arise, as a response to inappropriate guest behavior, we reserve the right to remove a guest from a property to cure any and all behaviors that pose a risk to the property, the surrounding properties, other guests, management, or the town in general. Which may include, but is not limited to the following- excessive noise, improper usage, poor cleanliness, pets, additional guests beyond stated amount, damage to property, or any other situation manager deems inappropriate.
This Short Term Lease Agreement is agreed and entered into by and between Resort Managers LLC and the Guest/Renter recipient.
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