SHORT TERM RENTAL AGREEMENT

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, especially in the evening and during the night. Any violation of this rental agreement and Guest will be required to leave immediately, with no refund for any unused rental time.

6. Access. Guest shall allow Homeowner access to the property for purposes of repair and inspection. Owner 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 and their party within 5 (five) business days of receipt of invoice from Owner.

9. Condition of Property. Guest shall return the premises in the same condition as received. As a part of the rental agreement, Guest will pay a cleaning fee which includes normal “turn” cleaning. Guest agrees they will be responsible for excessive additional cleaning if needed. Guest also agrees to leave the property in good condition with all items, furniture, etc in the same place as where they found them upon check in. 

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 prior written consent of the Owner. Guest acknowledges that they will personally occupy the property for the entire lease or rental period and will not sublet any portion of the property. Violation of these terms shall give Owner the right to immediately evict Guest and terminate this Agreement, and Guest will forfeit any right of return of any monies paid to date including any security deposit.

12. Indemnification. Guest agrees to indemnify Owner and Owner’s Agent and save Owner and Owner’s Agent from and against any and all claims, actions, damages, liabilities and expenses, including reasonable attorney’s fees in connection with the loss of life, personal injury, illness, and/or damage to the property arising from or out of any occurrence in, upon, or about the premises, occasioned by an act or omission by Owner, Owner’s Agent, Guest or other occupants. OWNER and OWNER’S AGENT SHALL HAVE NO LIABILITY FOR DAMAGES OR INJURY to Guest or Guests: It is expressly understood and agreed that Owner and Owner’s Agent will not be liable for any damages or injury to Guest or other occupants and their property from whatever cause arising from the occupancy of said premises, both inside and outside of the house, whether on the property or elsewhere. THE SUPERVISION AND SAFETY OF ALL CHILDREN ARE THE DIRECT RESPONSIBILITY OF GUEST OR PARENTS, OR CARETAKERS OF ANY CHILDREN ON THE PREMISES, including but not limited to decks, docks, and water areas. 

13. Entire Agreement. This document and any attached addenda constitute the entire agreement between the parties. No oral statements shall be binding. This Agreement may only be amended by a written document duly executed by all parties. It is the intention of the parties that if any portion of this Agreement is invalid for any reason, such invalidity shall not void the remainder of the Rental Agreement.

14. GUEST ACKNOWLEDGES THAT THEY HAVE REVIEWED AND UNDERSTAND THE TERMS OF THIS AGREEMENT and the Rules and Regulations attached, and agree to be bound by them.

15. Guest and Owner acknowledge that this document is available for review on the booking platform and it is implied that this Agreement is legally binding acceptance of all terms and conditions, the same as if Guest had actually executed the Agreement in person.

 

ADDENDUM A : RENTAL RULES

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By making a reservation at the Lake House, Guest agrees that Guest and Guest’s party will abide by these Rules and Regulations, as well as any other Rules and Regulations posted on the property.

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. 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 premise.

2. Owners have locked closets for their personal possessions and extras for the rental. These closets are private and are not to be opened by tenants or guests under any circumstances.

3. Owner and/or Owner’s Agent are not responsible for the loss of personal belongings or valuables of the guest.

4. Access to the property will be available at 4pm, the starting day of your rental. Guest will be given a code for the keypad on the door for private access to the Lake House. The code will be provided to you at check in.

5. People other than those in the Guest party set forth in the Rental Agreement may not stay overnight in the property. The property shall not be used for gatherings of any kind for anyone other than registered Guests (i.e. dinner parties, weddings, etc.) without advance express written permission of the Owner.

6. Guest promises to keep the property and all furnishings in good order and to leave the property in the same condition as when it was rented. The grill must be cleaned by the guest. A $35.00 fee will be charged for charcoal and food removal, or grate cleaning.

7. Guest promises to only use appliances and amenities of the vacation rental for their intended uses.

8. Children: The Lake House is family friendly and welcomes well-behaved children who are respectful of the property. Parents hereby agree to supervise their children both indoors and outdoors, especially in and around the water.

9. Plumbing: The septic system will clog if improper material is flushed. DO NOT FLUSH anything other than toilet paper. No feminine products should be flushed at any time. Please use only toilet tissue and no flushable wipes, even the ones that say “flushable”. If there is a clog in the system, Guest will be charged damages accordingly.

10. Weather: The Lake House is located in a water setting. While the road is typically clear and accessible, flash flooding is possible in the area. The water levels can rise fast. While no water has ever entered the house, it is normal for the levels to rise up on the property. Proper precautions should be taken if flash flooding is in effect. Owner cannot refund anything due to road conditions or power outages caused by inclement weather. Travel insurance is recommended.

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. Penalties and/or cancellation of reservation without refund will be enforced. The penalty for an unauthorized animal is $250 per night or a cancellation of reservation without refund.

13. Smoking: Smoking is NOT allowed inside the Lake House. Please dispose of your butts properly. Any additional cleaning fees for cigarette butts will be charged to the Guest. 

14. Alcoholic Beverages & Drugs: Guest agrees that there will be no illegal activities on the premises, including but not limited to: possession, serving or consumption of alcoholic beverages by anyone under the age of 21; or the possession or use of any illegal drugs.

Additionally, Guest accepts full responsibility and liability and hereby indemnifies Owner and/or Owner’s agents for anything that happens in reference to Guest and/or Guest’s party partaking of any alcoholic beverages or drugs on the property.

 

Guest agrees that Guest and Guest’s party will abide by these Rules and Regulations, as well as any other Rules and Regulations posted in the Lake House or on the website. 

 

RELEASE OF LIABILITY: Acknowledging Risks and Releasing Guadalupe Lake Lodge From All Claims and Liabilities

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I understand that no one may use Lake Placid (the “Lake“) except those who have read and acknowledged the information on this form. I understand, and I will explain to all of those using the Lake through me, such as my family members, tenants, and guests, that use of the Lake involves many hazards, including, but not limited to the following:

1. The Lake water is dark making it difficult to see underwater during any time. Swimming in the Lake is dangerous for swimmers as well as non-swimmers. Swimming and other uses of the Lake are at your own risk at all times.

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 large limbs, trees, and other dangerous items can by hidden underwater and can move unexpectedly with water currents. Guests should not jump into the lake under any circumstances.

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 property left 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 vests and children should always be under adult supervision.

12. Fishing and playing on the banks of the Lake involve walking on rough, slippery, and rocky terrain and could result in land or water accidents.

I assume all risks associated with the use of the Lake by me and my family members, tenants, and guests, including, but not limited to those listed above, all such risks being known and appreciated by me and having been explained to them by me.

Having read this waiver and knowing these facts and in consideration of the Guadalupe Lake Lodge allowing use of the Lake by me and my family members, tenants and guests, I, for myself and for my family members, tenants and guests, and anyone entitled to act on my behalf, hereby waive any claim against, and do hereby release, the Owner(s) of the Guadalupe Lake Lodge and its respective officers, directors, agents, and employees from all claims or liabilities of any kind arising out of the use of the Lake by me and my family members, tenants and guests, including claims that may arise out of negligence or carelessness on the part of the Guadalupe Lake Lodge and its respective officers, directors, agents, and employees.