[PROFORMA ONLY: A correctly completed version of the following must be signed by lodger before finalization of booking process.]
LODGE USE AGREEMENT
For good and valuable consideration, the sufficiency of which is acknowledged, the parties Licensor and Licensee (both identified in the signature block) hereby agree to the following terms of use of specified lodge facilities (the “Agreement”):
PARTICULAR TERMS
1. Term of the License. The license to use the lodge begins at _3_ p.m. on
__ ____ _ (the “Check-in Date”) and.ends at _11___ a.m. on __ ____ (the “Checkout Date”).
2. Lodging Rate and Fees. a) Lodging Charges The total fees for the lodging will be as specified by the payment processing service (e.g. affiliates of VRBO, Homeaway, etc.) system during the booking process, and compensation for damages and exceptional usage.
3. Obligations. Licensor will allow Licensee to use the facilities as a guest of Licensor for purposes of guest lodging during the term of agreement. If the premises appear unacceptably dirty or damaged upon Check-in, Licensee shall inform Homeowner immediately.
4. Lodge Facilities. The lodge facility is identified as Grand Salon, a single family residential house with pool and carport, located in the Movie Colony East neighborhood of Palm Springs, CA. (The exact address will be disclosed during pre-arrival communication about 3 days before arrival.) The lodge is furnished and includes bedding, towels, soaps, and shampoo.
5. Lodging Group: The lodging group shall consist of Lodger and the following persons (name all persons who will stay overnight). Only members of the lodging group shall use the facilities overnight. Prior to or upon checkin all adult occupants must present government issued identification document (such as a driver’s license) a copy of which will be kept on file:
Maximum Overnight Users: The maximum number of persons authorized to
use the home overnight (between 11pm and 6am) is strictly limited to the
persons named as members of the lodging group above. An additional charge of $350 per person per
each night of the total term of lodging will be payable should unauthorized
overnight occupancy be detected at any time.
Maximum Daytime Users: Lodger is
authorized to invite up to 4 additional
persons to join the group on the property during daytime hours (between 6am and
10pm) An additional charge of $200 per extra person will be payable should
unauthorized daytime occupancy be detected.
GENERAL TERMS
6. Relationship of Parties: The relationship between the parties is that of lodgekeeper licensor and lodger licensee. No landlord-tenant relationship nor right of possession is created by this agreement nor by any use of facility by any guest or licensee. Licensor retains exclusive possession of premises throughout the term of use by licensee. Licensee shall not interfere with Licensor’s access to any part of the premises at any time. Licensee hereby waives any claim of tenancy.
7. Minimum Stay: At least one occupant will stay overnight in the home on each night contracted. Departure requires check-out communications to allow owner to secure the property and properly perform cleaning and departure procedures
8. Lodging Rules: Guest agrees to abide by the Lodging Rules attached as Exhibit A at all times while at the property and shall cause all members of the lodging group and anyone else Licensee permits on the property to abide by the following rules at all times while at the property.
9. Access: Licensee shall allow Licensor access to the facility for any and all purposes of repair and inspection. Homeowner shall exercise this right of access in a reasonable manner.
10. Cancellation Policy: If Licensee cancels the reservation or stay for any reason, only damage deposits will be refunded within 10 days of cancelation. Fees collected for lodging will not be refunded.
11. Insurance: Property of licensee is not insured by licensor and Licensee assumes all risk. We encourage all lodgers to purchase traveler insurance.
12. Payment: Payment shall be processed through the appropriate listing system.
LIABILITY
13. Joint and Individual Responsibility: If there is more than one paying Licensee, each one shall be individually and completely responsible for the performance of all obligations under this Agreement, jointly and individually with every other guest. Licensees and/or their guests must abide by all pertinent rule’s, local ordinances and laws.
14. Attorney’s Fees: If Licensor consults or engages legal counsel or a professional collection service, for collecting any amounts due to Owner under this Agreement, Licensee shall be responsible for all costs of litigation and/or collection in case of such, including actual attorney’s fees.
15. Indemnification: Licensee agrees to release and indemnify Licensor from and against all liability should anyone be injured upon the premises during the term of occupancy, resulting from any cause whatsoever, except in the case of personal injury cause by willful gross negligence on the part of the Owner.
16. Personal Property: Licensee’s or Licensees guests' personal property, including vehicles, are not insured by Owner against loss or damage due to fire, theft, vandalism, rain, water, criminal or negligent acts of others, or any other cause. Owner recommends that Licensee carry or obtains insurance to protect Licensee, and Licensee’s guests and their personal property from any loss or damage.
17. Waiver: The waiver by either party hereto of a breach of any term or provision of this Agreement shall not operate or be construed as a waiver of a subsequent breach of same provision by any party or of the breach of any other term or provisions of this Agreement.
18. Headings: Headings of the paragraphs herein are used solely for convenience and shall not be used for interpretation or construing any word, clause, paragraph or provision of this Agreement. A copy of this agreement will be emailed to you for your records.
19. Invalid Provisions: If any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future laws effective during the term hereof, such provision shall be fully severable and this Agreement shall be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part hereof; and the remaining provisions hereof shall remain in full force and effect and shall not be affected by the illegal, invalid, or unenforceable provision or by it’s severance hereof. Furthermore, in lieu of such illegal, invalid, or unenforceable provision there shall be added automatically as a part of the Agreement a provision as similar in terms to such illegal, invalid, or unenforceable provision as may be possible and still be legal, valid, or enforceable.
20. Entire Agreement: This Agreement sets forth the entire understanding of the parties and supersedes all prior agreements or understandings, whether written or oral, with respect to the subject matter hereof. No amendment or modification hereto shall be binding unless made in writing and signed by the parties hereto.
The parties agree to the terms of this Lodging Agreement, as evidenced by the signatures set forth below. SIGNATURES
Licensor: Licensee:
_____________________________
Name (print) Name (print):
Date: Date:
Exhibit A
LODGING RULES
1. Smoking is NOT allowed anywhere on the premises; Occupants must be non-smokers. Detection of smoking in the unit will be grounds for aadditional $300 cleaning fee.
2. People other than those in the Lodging Group set forth above may not stay overnight in the property. Any other person in the property is the sole responsibility of Licensee the number of which may not exceed as specified above. Detection of number of people exceeding the limits agreed for the contract is violation of the lease and is cause for immediate eviction without refund, and
3. The facilities are privately owned; the owners are not responsible for any accidents, injuries or illness that occurs while on the premises or its facilities. The Homeowners are not responsible for the loss of personal belongings or valuables of any guest. By accepting this reservation, it is agreed that all guests are expressly assuming the risk of any harm arising from their use of the premises or others whom they invite to use the premise.
4. Keep the property and all furnishings in good order.
5. Only use appliances for their intended uses.
6. Pets are NOT allowed.
7. Parking: Parking is limited to __4___ vehicle(s). Vehicles are to be parked in designated parking areas on-site only. Parking on the road is not permitted. Any illegally parked cars are subject to towing; applicable fines/towing fees are the sole responsibility of the vehicle owner.
8. 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 lodging rate. Beach towels are provided. We do not permit towels or linens to be taken from the units.
9. Hot Tub: there is no separate hot tub at this time.
10. Water and Sewer: The mineral content in the water is high. DO NOT FLUSH anything other than toilet paper. No feminine products should be flushed at anytime. If it is found that feminine products have been flushed and clog the sewer system, you could be charged damages and management fees to repair the systems.
11. Storms:
No refunds will be given for storms.
UNWANTED PET FEES
Pets are not allowed on the property. A management and pet fee of $1,000 will be charged if pets are detected during the occupancy.