SHORT TERM RENTAL AGREEMENT
438 Riverview Rd, McQueeney, Texas 78123
This Short Term Rental Agreement (the “Agreement”) is made by and between the Owner(s) (“Owner”) of 438 Riverview Rd, McQueeney, Texas 78123 (“Lake House”) and GUEST, (“Guest”) as of the electronic acceptance date of this booking. For good and valuable consideration, the sufficiency of which is acknowledged, the parties hereby agree as follows:
1. Property. The property is furnished and includes household appliances, furnishings, decorations, artwork, linens, towels, kitchenware, audio/video equipment and personal property.
2. Rental Party/Maximum Occupancy. The rental party shall be limited to the number listed on the rental reservation. The maximum number of guests is limited to 30 persons for the Lake House, unless a specific written exemption has been made by Owner. At all times during said rental period, Guest agrees to have no more than the allowed number of guests for occupancy, including children. If more than the stated number of guests are found to be occupying the unit without prior written permission, Owner has the right to terminate this contract and Guest will forfeit all monies paid, including rent, cleaning, and deposits.
3. Term of the Lease. The rental period begins at 4pm on the dates in the reservation and will end at 11am, on the check out date. Check in time is 4pm and check out time is 11am.
4. Rental Rules. Guest agrees to abide by the Rental Rules attached as Addendum A at all times while at the property and shall cause all members of the rental party and anyone else Guest permits on the property to abide by the following rules at all times while at the property. Should Guest violate these rules, Owner reserves the right to cancel this rental immediately with no refund due to Guest.
5. Noise. Guest understands and agrees that they, and all members of their rental party will be respectful to our neighbors, including, driving slowly on the road to the property, not creating any noise (including music) which the neighbors would consider a nuisance, and refraining from noise at night (between 10:00 pm and 8:00 am) that would disturb neighbors, or that emanates beyond the property boundary, including music, voices, instruments, vehicle engines, horns, beepers, etc. Quiet hours will be from 10pm to 8am. Failure to comply will result in a $100 fine for each occurrence and may result in termination of this agreement and eviction from the property.
6. Access. Guest shall allow Homeowner access to the property for purposes of repair and inspection. Homeowner shall exercise this right of access in a reasonable manner.
7. Rental Rate and Fees. The rental rate shall be as stated on booking platform.
8. Damages. Guest hereby assumes all liability for reimbursement to Owner for any damages caused by Guest or any member of Guest's party to the premises, improvements, furnishings, decorations, artwork, appliances, equipment and personal property. Damages include but are not limited to damage to the Lake House structure and its contents, including but not limited to carpet, floor, window treatments, appliances, fixtures, furniture, electronics, bedding, linens, and towels. No damage beyond normal wear and tear is permitted. Guest is liable for reimbursement to Owner for any and all such damages.
9. Condition of Property. Guest shall return the premises in the same condition as received. As a part of this condition, Guest shall not make any alterations to the premises and shall not remove any items from the premises.
10. Cancellation Policy. Guests are advised that cancellation policy shall be enforced as described on the booking platform.
11. No Assignment or Subletting. This Agreement shall not be assigned, nor the premises sublet without the express written consent of Owner.
12. Indemnification. Guest agrees to indemnify Owner and Owner's Agent and save Owner and Owner's Agent harmless from any and all claims, actions, damages, liability and expense in connection with loss of life, personal injury and/or damage to property arising from or out of the occupancy or use by Guest, members of Guest's rental party or any other person(s) on the premises, including without limitation damages resulting from the use of any swimming pool, spa, hot tub, boat, dock, swing, slide, exercise equipment, appliance, fireplace, or any other recreational equipment on the property, except to the extent such damages are caused by the gross negligence of Owner or Owner's Agent.
13. Entire Agreement. This document and any attached addenda constitute the entire agreement between the parties. No changes will be made except in writing signed by both parties. This agreement shall be governed by the laws of the State of Texas.
14. GUEST ACKNOWLEDGES THAT THEY HAVE REVIEWED AND UNDERSTAND THE TERMS OF THIS AGREEMENT and the Rules and Regulations attached hereto and that they will be liable for any damages that may be incurred to the property or persons as a result of this lease.
15. Guest and Owner acknowledge that this document is available for review on the booking platform and that a printed copy will be available for signature upon request.
ADDENDUM A : RENTAL RULES
By making a reservation at the Lake House, Guest agrees that Guest and Guest's party will abide by the following Rules and Regulations:
1. The Guest understands and agrees that the Owner and/or Owner's Agent are not responsible for any accidents, injuries, or illness that occurs while on the premises or its facilities. The Guest specifically indemnifies and holds the Owner and Owner's Agent harmless from any liability. 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 premises.
2. Owners have locked closets for their personal possessions and extras for the rental. These closets are locked and are NOT accessible by guests. Please do not tamper with any locks.
3. Owner and/or Owner's Agent are not responsible for the loss of personal belongings or valuables of the Guest. By accepting this reservation, it is agreed that all guests are expressly assuming the risk of such loss and are advised to be careful and aware of their belongings.
4. Access to the property will be available at 4pm, the starting day of your rental. Guest will be given a unique code that will only be active during the rental period. Please make sure that you lock all doors when leaving the property and when in the property. Please do not share the door code with anyone outside of your rental party.
5. People other than those in the Guest party set forth in the Rental Agreement may not stay overnight in the property. Guests are not allowed to exceed the occupancy limit as stated on the booking platform without the permission of Owner/Owner's Agent. If Guest allows more guests to stay overnight than listed on the rental agreement, Guest will be charged an additional fee of $100 per person per night, and if the number of guests exceeds the Maximum Occupancy, Guest will be in violation of this Agreement and Guest and Guest's party may be asked to leave the property immediately with no refund.
6. Guest promises to keep the property and all furnishings in good order and to leave the property in a condition substantially similar to that in which it was received, ordinary wear excepted. Guests are responsible for paying for any damages to the Lake House or its contents, whether caused by Guest or by any member of Guest's party, and such costs will be deducted from the security deposit (as defined below). If damage is in excess of security deposit, Guest will be held liable for the additional amount.
7. Guest promises to only use appliances and amenities of the vacation rental for their intended use. Guest promises not to abuse, neglect, or break any appliances or amenities. If appliances or amenities are broken, Guest shall be responsible for paying the cost to repair or replace them.
8. Children: The Lake House is family friendly and welcomes well-behaved children who are respectful of their surroundings and the Lake House's furnishings. Children are welcome, but children need to be watched at all times by an adult. Parents are responsible for any damage caused by children to the Lake House.
9. Plumbing: The septic system will clog if improper material is flushed. DO NOT FLUSH anything other than toilet paper. No feminine products, paper towels, diapers, condoms, etc. If a clog occurs, Guest will be responsible for the cost of repair.
10. Weather: The Lake House is located in a water setting. While the road is typically clear and accessible, Guest should be prepared for weather-related issues that could affect access to the property. The Lake House may be inaccessible in the event of flooding or other weather-related issues. The Owner/Owner's Agent is not responsible for weather-related issues or damages. In the event of a weather-related issue, the Owner/Owner's Agent will work with Guest to reschedule the rental if possible.
11. FALSIFIED RESERVATIONS: Any reservation obtained under false pretense will be subject to forfeiture of advance payment, deposit and/or rental money, and the party will not be permitted to check in.
12. Pets: No pets are permitted at the Lake House at any time, not even visiting pets, inside or outside the house. Guests who bring pets to the property will be subject to a $500 fine and may be asked to leave the property immediately with no refund.
13. Smoking: Smoking is NOT allowed inside the Lake House. Please dispose of your butts properly. Any evidence of smoking inside the Lake House will result in a $500 fine and may result in termination of this agreement and eviction from the property.
14. Alcoholic Beverages & Drugs: Guest agrees that there will be no illegal activities on the premises. Guest agrees that there will be no illegal drug use on the premises. Guest agrees that there will be no underage drinking on the premises. Additionally, Guest accepts full responsibility and liability and hereby indemnifies Owner and/or Owner's Agent for any damage, liability, or expense arising from the use of alcoholic beverages or drugs on the premises.
Guest agrees that Guest and Guest's party will abide by these Rules and Regulations, as well as any additional rules and regulations that may be posted at the Lake House.
RELEASE OF LIABILITY: Acknowledging Risks and Releasing Guadalupe Lake Lodge From All Claims and Liability
I understand that no one may use Lake Placid (the “Lake”) except those who have read and acknowledged the risks below, as well as the rules of the Lake Placid area, and have signed this waiver. I understand that the Lake is a natural body of water and that there are risks associated with the use of the Lake. I understand that the Lake is not supervised by a lifeguard and that there are no lifeguards on duty at the Lake. I understand that the Lake is not a swimming pool and that there are no safety devices at the Lake. I understand that the Lake is a natural body of water and that there are risks associated with the use of the Lake, including but not limited to:
1. The Lake water is dark making it difficult to see underwater during any time. Swimming in the Lake could result in serious injury or death.
2. Non-swimmers are at serious risk when swimming beyond shallow water at any time.
3. Visibility of swimmers by guardians or other Lake members is limited.
4. Lightning could strike a swimmer in the Lake water during inclement weather.
5. The quality of the Lake water is subject to change due to weather conditions. Debris, including logs, branches, and other objects, could be in the Lake water.
6. The quality of the Lake water could be affected by chemicals or other foreign matter coming downstream.
7. Property left unattended at or in the Lake is subject to theft. The Guadalupe Lake Lodge is not responsible for any theft of property left unattended at or in the Lake.
8. Playing on the docks at the Lake could result in serious injuries or death.
9. Wildlife should not be disturbed.
10. The isolated nature of the Lake makes it unsafe for children to be alone at the Lake.
11. Boating, kayaking, canoeing on the Lake involves additional risk and all guests should wear life jackets at all times while on the Lake. Children should wear life jackets at all times while on the Lake.
12. Fishing and playing on the banks of the Lake involve walking on rough, slippery, and rocky terrain.
I assume all risks associated with the use of the Lake by me and my family members, tenants, and guests.
Having read this waiver and knowing these facts and in consideration of the Guadalupe Lake Lodge allowing me and my family members, tenants, and guests to use the Lake, I hereby release the Guadalupe Lake Lodge and its owners, agents, and employees from any and all claims and liability for any injury, loss, or damage to me or my family members, tenants, and guests, including death, arising from the use of the Lake, whether caused by negligence or otherwise, except for gross negligence or willful misconduct.