TERMS AND CONDITIONS

Last updated, May 2020

These are the terms and conditions for the booking agreement between you and PERKS, Inc. (the “Company”) for the rental of a property (the “Property”). For the purposes of this agreement, “you” means, collectively, the person signing this agreement and each of the other guests booked to stay at the Property during the rental period. The Company is an agent to the owner and/or landlord and/or the property management company of the Property (the “Provider”).

Binding Nature

This agreement becomes binding when submitted electronically.

Payment

The Company must receive payment of 50% of the total rental fees within 48 hours of the issue date of this agreement and the remaining 50% no later than 60 days before your arrival at the Property. If your reservation is made less than 60 days before your arrival date, the Company must receive 100% of the total rental fees within 48 hours of the issue date of this agreement. Payments must be made within 48 hours of this rental agreement being sent and / or due dates. Failure to return this signed agreement and / or to make payments within 48 hours will result in the cancellation of Guest’s reservation. You will not be allowed at the Property unless payment has been received in full. Accepted forms of payment are Visa, MasterCard and Discover, wire transfers, direct deposits, bank money orders, cashier’s checks. Security deposits will be processed separately and must be paid for by credit card. Should Guest wish to use a different party’s credit card for payment, it must be pre-approved by Company. Guest assumes all liability for any disputed or charged back amounts by said party. If Guest’s credit card is declined, the reservation will be considered null and void by Company. If paying by check and check is returned for NSF, a $50 service fee per occurrence will occur. Should Guest fail to make final payment by the due date, Company may in its sole discretion deem the reservation null and void. In the event incorrect rates are quoted due to typographical, verbal or other website pricing error, the Company reserves the right to refuse any reservations listed incorrectly. Rates are confirmed once initial payment is processed. In the event the rate increases after initial payment; Provider will not require Guest to pay the difference. In the same way, should the rate decrease after initial payment, Provider will not adjust the price or offer a refund.

Security Deposit

You must provide the Company with a valid credit card to act as collateral for any losses or damages to the Property (including its contents) during the rental period and the Company may charge such credit card up to the amount of these losses or damages. Note that the Company will notify and discuss with you before any such charge is made. If you are required to pay an additional cash security deposit (indicated in your Payment Details), you will be refunded the deposit after we receive clearance from the Provider. While this usually takes 4-6 weeks, in a few destinations it can take several months before the Provider has cleared the payment for refund.

Cancellation Policy

Should Guest wish to cancel their reservation, notice of cancellation must be in writing, and it is the Guest’s responsibility to verify receipt by Provider. Cancellation prior to 60 days of check-in will result in the forfeiture of Guest’s initial 50% deposit. Cancellation within 60 days of check-in will result in the forfeiture of Guest’s entire rent. If Property is rented and paid in full by another Guest at the same rate for the same time period, Guest will receive a refund of all rents paid, less a 25% cancellation fee. Trip cancellation insurance is highly recommended.

Travel Documents

The Company offers travel products and services in a number of destinations and you are responsible to determine what, if any, documentation (including passports and visas) are required to travel to a particular destination.

Concierge Services

Following your booking, the Company may offer to help coordinate or organize certain guest services for you in connection with your property rental. You are under no obligation to book any of these additional guest services. The service providers are independent contractors and are not agents, representatives or employees of the Company. The Company and its Affiliates are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such service provider or for any personal injuries, property damage or other damages or expenses relating thereto.

Force Majeure

Neither the Company (including its Affiliates) nor the Provider will be liable for any damages, losses or injuries caused by conditions outside of that person’s control, including, without limitation, any fire, flood, hurricane, tsunami, war, revolution, terrorism or change to any law, regulation or government policy. Moreover, the Company is not responsible for weather or seasonal conditions, which may affect your use of the Property and surrounding areas, including, but not limited to, beaches and roads. The Company and/or its Affiliates cannot be held responsible for limited signal strength, absence and/or interruption in telecommunication services including, but not limited to, internet, phone, cable and satellite reception. We urge you to consult with governmental travel reports, including alerts, warnings and advisories, before entering into this agreement. By offering travel products and services in particular destinations, the Company does not represent or warrant that travel to such points is advisable or without risk and is not liable for damages or losses that may result from travel to such destinations.

The Company

The Company is an agent of the Provider and neither the Company nor any of its affiliated entities, shareholders, directors, employees, agents and representatives (“Affiliates”) are liable for any delays, accidents, damages, injuries or losses suffered by you, your guests or the Property. The Company and its Affiliates are not responsible or liable in any way for managing or maintaining the Property or for the actions or faults of the Provider or any other third party involved in the rental of the Property (including any provider of additional guest services or activities organized for you). In no event will the Company or its Affiliates be liable for any indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with this agreement or the rental or use of the Property. If, despite the limitations contained herein, the Company or its Affiliates are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described herein, then the Company’s or its Affiliates’ liabilities will in no event exceed the greater of one hundred United States dollars or the total related rental revenue paid by you at the time of the occurrence. Furthermore, you acknowledge that any use of pool, hot tub and/or beach are entirely at your own risk. You acknowledge that children and all other non-swimmers should be supervised at all times.

General Terms

This agreement can be terminated by the Company immediately following any breach of the terms by you. Any change or amendment to this agreement, including, without limitation, an increase or decrease in the number of guests or an increase, decrease or other change to the rental period, must be made in conformity with the provisions of this agreement and, in all cases, is subject to the prior written approval of the Company, which approval may be withheld at its sole discretion. This agreement will be governed under the laws of California and any disputes must be referred to a California court. You cannot transfer or assign this agreement or any part thereof.

Mediation & Arbitration

Any dispute arising under this agreement shall be resolved through a mediation - arbitration approach. The parties agree to select a mutually agreeable, neutral third party to help them mediate any dispute that arises under the terms of this Agreement or the relationship created by this agreement. Costs and fees associated with the mediation shall be shared equally by the parties. If the mediation is unsuccessful, the parties agree that the dispute shall be decided by a single arbitrator by binding arbitration under the rules of the ADR Services Inc. in Los Angeles, California, the cost of which shall be borne equally by both parties. The decision of the arbitrator shall be final and binding on the parties and may be entered and enforced in any court of competent jurisdiction by either party. The prevailing party in the arbitration proceedings shall be awarded reasonable attorney fees, expert witness costs and expenses, and all other costs and expenses incurred directly or indirectly in connection with the proceedings.

Additional Provider Terms

RESPONSIBLE PARTY

Guest is an adult at least 25 years of age and will be an occupant of Property during the entire reserved period, unless other arrangements have been pre-approved in writing by Provider. Guest’s valid form of government issued I.D. (Driver’s License, Passport) and a Guest List including full names and all ages are required to confirm any reservation. Guest agrees that all other occupants must present identification to Provider upon request. No keys or entry codes will be issued to anyone who is not 25 years of age and who is not the reservation holder unless other arrangements have been pre-approved in writing by Provider. Any reservation found to be obtained under false pretenses will not be permitted to check-in and will be reported to the appropriate law enforcement agency. In addition, Guest will be subject to forfeiture of all monies paid to Provider. Guest agrees to comply with all posted condominium or homeowner rules and regulations applicable to use of the Property and the common areas and assumes responsibility for all other occupants.

CANCELLATION BY Provider

If the property is deemed uninhabitable by Provider for reasons beyond Provider’s control including but not limited to deterioration, construction, loss of utility services, or if the property is being sold, etc. every reasonable effort will be made by Provider to relocate Guest to comparable accommodations mutually acceptable to the parties. Should all other reasonable comparable options be unavailable Provider may choose to refund all monies.

BREACH OF RENTAL AGREEMENT AND TERMINATION

Guest agrees that use of Property for any unlawful purpose including but not limited to the possession, serving, or consumption of alcoholic beverages by persons less than 21 years of age, parties, gatherings and other events conflicting with the provisions of this agreement or the rules of the homeowner’s association, are prohibited and furthermore, constitute a breach of this rental agreement. BY SIGNING THIS RENTAL AGREEMENT, GUEST ACKNOWLEDGES THE PRESENCE OF SECURITY CAMERAS LOCATED OUTSIDE THE HOME, AS WELL AS DEVICES FOR MONITORING EXCESSIVE NOISE AND CAPACITY INSIDE THE HOME. Tampering or disabling these devices constitutes breach of contract and immediate termination of this agreement. Guest acknowledges that should Provider form reasonable suspicion that the terms of this agreement are being violated, Provider has the right to immediately inspect the premises at any time during Guest’s stay. Furthermore, Provider reserves the right to deploy a Patrol officer to enforce the terms of this agreement, including issuing warnings, fines and removal from property. Should Guest or any other occupants violate the terms of this Agreement, Guest agrees to vacate property in accordance herewith. Guest also agrees that a refusal to vacate Property constitutes trespassing, incurring possible criminal charges, and that Provider’s representatives and local law enforcement agencies may enter the premises and remove Guest, all occupants, and their belongings from Property. In this case, Guest forfeits all monies paid. In addition, Provider may impose fines that may exceed (3) times the rental amount.

SECURITY DEPOSITS AND DAMAGES

A security deposit is always due in connection with all reservations. The security deposit is fully refundable and held up to 21 days after check-out. At this time, should no damages have been reported by Guest or Provider, the security deposit will be fully refunded on the same credit card it was charged. In the event Guest or any other occupant damages property during the course of their stay including but not limited to broken, lost, scratched, or stained items, reprogramming or reconfiguring of any audio/visual equipment and smart home technology the cost for repairs will be deducted from Guest’s security deposit. Should Provider be unable to recover costs from the security deposit or credit card on file, Guest is responsible to provide an alternative method of reimbursement within 48 hours of notification.

RESERVATION TRANSFERS

Should Guest need to transfer the reservation to a substitute Guest, substitute Guest must be approved in writing by Provider, and must agree to all terms and conditions. In addition, a $150 transfer processing fee will apply. Provider reserves the right to decline substitute Guest. In this event, the reservation will be deemed cancelled by Guest and normal cancellation fees will apply.

CHECK-IN PROCEDURES

Standard check-in time starts at 4:00 PM. Early check-in requests cannot be guaranteed and must be pre-approved in writing by Provider. Guest may secure an early check-in at a day-use rate, typically 50% of the nightly rate (some exceptions may apply). Keys or entry code will be provided once all fees and charges have been collected and on the day of check-in only. The reservation holder must be present upon check-in and to receive keys, all guests must sign and comply with Good Neighbor Brochure policies and City noise ordinances. Please do not attempt to check-in or visit the property prior to notification that the home has been cleared for check-in.

CHECK-OUT PROCEDURES

Check out time is 10:00 AM at which time, housekeeping and maintenance staff are scheduled to enter Property. Late check-out requests cannot be guaranteed and must be pre-approved in writing by Provider. Guest may secure a late check-out at a day-use rate, typically 50% of the nightly rate (some exceptions may apply). A $250 fee will be charged for each hour (or portion thereof) past the required check-out time and Guest will be liable for any additional damages incurred, but not limited to the cost of supplying alternative accommodations for arriving guests. Each Property will be inspected, disinfected, sanitized and cleaned prior to your arrival and after your departure. Guest should leave the Property in the same general condition as check-in:

I. All trash items must be removed from the home.
II. Any mess incurred by cooking, including dishes, must be cleaned and properly stored.
III. Indoor and outdoor furniture must be in the same place as at the time of check-in.
IV. All remote controls must be left in plain sight.
V. Refrigerator and Property must be clean and free of perishable foods.
VI. BBQ must be cleaned with a brush.
VII. Lights, heater, air conditioner, fans, appliances, etc. must be turned off.
VIII. All doors and windows must be closed and locked.
IX. If applicable, leave keys, garage openers, and/or parking passes on the kitchen counter. The cleaning fee is for a standard cleaning only. If the home is left in poor condition and additional housekeeping is required, additional cleaning fees will be charged to Guest’s credit card on file at the rate of $50 per hour. A $250 per item fee will be charged for each lost key, and $300 for each garage door opener and remote control that is damaged or not left at the Property upon check-out.

OCCUPANCY

Guest understands and agrees that Property shall be occupied by no more than the number of individuals indicated on the website unless pre-approved in writing by Provider. A fee of $100 per day per person applies for additional occupants and may incur additional charges including but not limited to extra bed fees. Day/Evening guests are limited to 4 persons and must vacate the premises by 10:00pm. While Provider understands Guest may wish to entertain, Guest is responsible for getting more than 4 guests pre-approved by Provider in writing. All Guests must entertain in a reasonable manner and in accordance with the “Good Neighbor” policy and the City Ordinance (see section 13 for details).

AMENITIES

The Property is fully furnished, and includes ready-made beds, one set of towels per occupant and an equipped kitchen. Otherwise, most properties are equipped with washers and dryers for Guest’s convenience. Towels and linens are not to be taken from Property and fees will be enforced due to any lost or missing items. In addition, as opposed to a hotel room, vacation rentals typically have more square footage, bedrooms, mechanical systems, appliances, electronics, etc. Because of this, there is a much greater chance that something may need attention during Guest’s stay. In the event something does need Provider’s attention, Provider will make every attempt within reason to resolve the situation; however, no refunds will be issued. Guest acknowledges that furnishings and amenities are not new and may exhibit signs of wear and tear. Amenities and furnishings are subject to change and may or may not be the exact same as represented online. Provider will offer a starter kit which includes toiletry items, dish detergent, laundry detergent, toilet paper, paper towels, and other disposable items. Since a limited supply is provided, Guest should plan to shop to replenish these items if necessary. Provider assumes no responsibility for the quality or contents of any food products left on the premises and Guest’s use and/or consumption of same is not recommended and shall be at Guest's own risk(s).

TELEPHONES

Use of landlines is not typically offered and at Provider’s sole discretion. If provided, Guest agrees not to make long distance telephone calls or pay for any long distance or collect calls occurring during Guest’s stay. Emergency medical, fire and police service can be called by dialing 911. Please verify with Provider if a land line is necessary or you are concerned with cell phone signal strength. No refund will be provided due to poor cell phone or internet coverage.

DISTURBANCES

This rental agreement includes a Zero Tolerance Policy for all noise related disturbances including but not limited to unauthorized parties, gatherings, and/or other events. In addition, all outdoor and some indoor speaker systems have been disabled in compliance with the Zero Tolerance Policy. Violations of the terms of this agreement will result in immediate termination of occupancy without the possibility of a refund and may result in fines up to or exceeding three (3) times the rental amount. Guest and other occupants shall obey the “Good Neighbor” policy meaning that they shall not create any disturbances disruptive to the quiet enjoyment of the premises. Guest agrees that no more than the maximum number of guests listed for the home will be staying at the home unless pre-approved in writing by Provider (see section 10 for details). Furthermore, daytime guests are limited to 4 per home. Anything over that constitutes an unauthorized party and subjects the Guest to possible cancellation without refund. Quiet hour starts at 10:00 PM, and outdoor noise or noise carrying outside from inside the home should be kept to a minimum regardless of the hour, and in compliance with the local Noise Ordinance.

GUEST’S NOTIFICATION RESPONSIBILITIES

Upon arrival, Guest agrees to examine the Property, all furniture, furnishings, appliances, fixtures, landscaping, if any, and shall immediately report within 12 hours of the discovery to Provider. If any items in the home are not in operating condition or in disrepair that should also be reported within 12 hours to the Provider. Guest also agrees to address any housekeeping concerns at time of check-in. Failure to do so will release Provider from any responsibility in addressing these concerns at Provider’s cost during your stay. Guest agrees to immediately notify Provider of any occurrences that may cause damage to Property or adjacent properties and to take reasonable measures to mitigate damage. Guest acknowledges that any damage, breakage, lost or missing items on the Property during the occupancy will be Guest's responsibility and must be reported to Provider and paid prior to departure. In the event Guest does not notify Provider of any damages during their stay, cost for repairs and/or replacements and other service fees will be deducted from Guest’s Security Deposit (see section 6 for details).

MULTIPLE HOME RENTALS

Should Guest or acquaintance of Guest rent another property in proximity to Property, no items shall be moved from home to home. Having too many guests in one house creates extra wear and tear, risk of sewer problems and noise complaints.

GARBAGE

Guest shall dispose of all waste material generated during the rental period in a lawful manner and put the trash in the exterior trash bins provided for pickup. Contact Provider for garbage collection days. Guest is cautioned not to leave trash outside for long periods of time because it attracts pests.

SUBLEASING

Guest shall not sublet the Property. Subleasing is considered a breach of the rental agreement.

SMOKING

No smoking is allowed on the premises. If smoking does occur on the premises, Guest will be held responsible for all damage caused by smoking including, but not limited to, stains, burns, odors remediation, removal of debris and loss of revenue in the event the home is not rentable after Guest's stay. Fines start at $2,000.00. In addition, Provider reserves the right to remove Guests from the home without the possibility of a refund.

PETS

Pets are strictly prohibited unless pre-approved in writing by Provider and a separate Pet Addendum has been signed in advance of occupancy. In this case, additional fees and/or deposits may be required. If an/several unauthorized pet(s) is/are found on the premises, Guest may and/or pet may be ordered to vacate the Property immediately and will be held responsible for any and all damage and remediation caused by pet(s), including pet allergen remediation, flea remediation and reimbursement to Provider for any refunds necessary to compensate affected future occupants.

TRANSIENT OCCUPANCY

Guest expressly acknowledges and agrees that this agreement is for transient occupancy of the Property, and that Guest does not intend to make the Property a residence or household.

PROVIDER’S PROPERTY

Guest agrees not to access the Provider's storage area, even if unlocked, which contains Provider’s personal property and may contain cleaning supplies and chemicals that could be hazardous to children and adults.

FIRE EXTINGUISHER

The Property is equipped with a minimum of one (1) fire extinguisher. The fire extinguisher was fully charged at last inspection. It is the duty of the Guest to locate the fire extinguisher, notify all other occupants and guests of its location, and to inform management immediately should the fire extinguisher be missing, or be less or become less than fully charged.

SMOKE / CARBON MONOXIDE DETECTORS

The Property is equipped with smoke detectors and a carbon monoxide detector and they are believed to function properly at time of rental. Guest will notify management without delay if detectors are missing, uninstalled or “beeping”.

PARKING

Property parking may or may not be offered and it is Guest’s responsibility to ask Provider whether the property offers parking and ask for measurements. Guest is advised that in many high-density communities, parking is at a premium, and garages and parking spaces may be smaller than normal. Guest is advised to ask for measurements if parking is needed and to confirm parking is available. No refunds will be issued if parking is not available or if vehicles do not fit in designated spaces.

SECURITY

Alarm systems may or may not be offered and it is Guest’s responsibility to ask Provider whether Property is equipped with an alarm system. Furthermore, Guest shall take steps to ensure their own safety and the security of the Property by locking doors, windows, garage doors, etc. when it's prudent to do so, when all guests are absent and at time of check-out. Guest acknowledges property’s security system may or may not include exterior cameras for security purposes.

PROPERTY ALTERATIONS

Guest shall not make or permit any alterations to be made on the premises, change or add any lock without prior written consent from Provider. Any unauthorized alteration made to the Property will be considered damage done and incur repair costs and other fees which will be deducted from Guest’s security deposit.

LOST ITEMS

Provider shall bear no responsibility for lost, stolen or abandoned items. Every reasonable effort will be made to contact the Guest for return of items. A $25 handling fee plus shipping costs for any found items returned at Guest's request will be charged. Provider shall not be held liable for condition of said items. Any items not claimed for longer than 30 days, may be donated or sold.

TV/CABLE/INTERNET/SATELLITE

These services may or may not be offered and it is Guest’s responsibility to ask Provider whether the home is equipped with such systems. If provided, no refund of rents shall be given for number of devices, outages, content, or lack of content and any other personal preferences with regards to cable/ internet/satellite services. Services are provided as a convenience only and are not integral to this agreement.

AIR CONDITIONING / HEATING

Properties may or may not be equipped with air conditioning and it is Guest’s responsibility to ask Provider whether the home is equipped with such systems. If so equipped, and if not regulated otherwise, Guest agrees that Air conditioning shall not be set below 69 degrees and heat shall not be set above 79, and that the fan setting shall be set on "Auto". Should systems freeze or overheat due to temperatures being set below or above the above temperatures, guests will be responsible for associated repair costs. Doors and windows shall be closed when either heat or air conditioning is being used. No refunds will be issued for lack of, or malfunctioning HVAC units.

POOL AND SPA

Properties may or may not offer a pool / jacuzzi and it is Guest’s responsibility to ask Provider whether the Property is equipped with such features. If so equipped, spa heating is included in the rental fees. Pool heating, unless solar equipped, will be charged at an additional $100.00 / day fee for the entirety of Guest’s stay and may not be prorated based on usage. Pool heating fees must be paid for at time of booking. Guest agrees not to tamper with pool heat controls or manipulate heater in any way. Pool heat shall not exceed 86 degrees. Higher temperatures will incur double the fees. Guest understands that the area surrounding pool and spa may not be fenced or secure. Guest also understands and agrees to be responsible and liable and will pay Provider upon request for any damages that occur to the pool and spa and its support equipment through misuse and/or gross negligence.

SYSTEM(S) / FURNISHING / AMENITY FAILURES

In the event the Property sustains a failure of a system, including but not limited to water, sewer, septic, electrical, gas, plumbing, mechanical, appliances, heat pump, ventilating, pool, hot tub or other system or structural systems, furnishings or amenities, Provider will make every reasonable effort to repair or replace the failed system or equipment, and in such event, Guest agrees to grant reasonable Property access to Provider or its’ service technician to inspect and make such repairs. Neither the Property Provider nor the service technician shall be liable to Guest for damages, nor will any refunds be issued for such failures.

NOISE TRANSMISSION

Insulation varies from Property to Property. Furthermore, the Property may not be equipped with noise cancelling windows and it is Guest’s responsibility to ask if Property is equipped with such features. Guest is aware that if Property is located in a high-density neighborhood, it is therefore subject to noise from nearby residences, businesses- and general traffic. Nearby construction could also affect Guest’s stay. If Property shares common walls, ceilings or floors, noise with another Property, Guest acknowledges that noise may travel in between. No refund will be issued for disturbances caused to Guest by noise transmissions as described herewith.

FORCE MAJEURE

In the event cancellations or alterations are due to circumstances amounting to “force majeure” or reasons beyond Provider’s control including but not limited to fire, natural disasters, civil unrest or other reasons beyond its control. In such cases, Provider cannot be held responsible. Trip cancellation insurance is highly recommended.

SALE / LEASE OF PROPERTY

If Property is actively listed for sale or lease, Provider will notify Guest prior to booking as viewings and other inspections may be scheduled during Guest’s stay.

CONSTRUCTION

Provider is not responsible for any construction noise beyond the Property. Guest acknowledges that Provider has no control over the hours of work or noise level of any construction beyond the Property. Audible construction noise shall not void or negate this Agreement, nor shall it serve as a basis for claim for refund, price reduction, or any other compensation.

WAIVER OF LIABILITY

For spa, hot tub, Jacuzzi, whirlpool, pool, sauna, pond, etc. herein referred to as “Special Feature”. If so equipped, it is the Guest's responsibility to learn about safety precautions, warning signs of water conditions, and safety procedures concerning swimming in or being around the Special Feature. Guest understands that the area surrounding the Special Feature is not fenced or secure, and there are special risks that may be involved for anyone, in particular children who are not carefully supervised, person(s) intoxicated, on any kinds of drugs or medication, with health risks, or if pregnant. Guest agrees to explain the risks of the presence and use of the Special Feature to all guests at the Property. Guest agrees to instruct all guests on premises not to access any off-limit, or unsafe sections of the Property including roof-tops. Guest agrees to assume all responsibility for Guest and other guests, for the consequences of those risks and to be fully and solely responsible for any accidents that may occur. Guest agrees to waive any claim whatsoever against Property Provider or the Company for accidents or claims and to fully indemnify and hold Property Provider and the Company harmless from any claims arising out of injuries resulting from use or presence of any spa, hot tub, Jacuzzi, whirlpool, pool, sauna, pond, or other body of water.

RELOCATIONS

If for any reason, the Property is not available or becomes unavailable or uninhabitable for the reservation dates, every effort will be made to locate substitute accommodations. If the substituted Property rents for more during the same period, or remaining period respectively, Guest may be asked to pay any additional charges. However, if the substitute Property rents for less for the same period, the difference will be refunded to Guest.

LIMITATION OF LIABILITY

Liability under this agreement, and liability stemming from the relationship created by this agreement, shall be limited to the amount of the rent payment collected hereunder and, under no circumstance shall Provider be liable for damages exceeding the rental price, such damages including but not limited to consequential damages, punitive damages or emotional distress damages. It is highly recommended that Guest considers the purchase of travel insurance.

AGENCY

It is mutually understood and agreed that the Company is acting as Agent. Furthermore, Guest understands that Agent is being compensated in this transaction by the Property Provider and is contractually obligated to protect the interest of same.

HOLD HARMLESS

The Guest shall indemnify and hold harmless Provider and the Company, from any and all actual or alleged claims, demands, causes of action, liability, loss, damage and/ or injury (to Property or persons, including without limitation wrongful death), whether brought by an individual or other entity, or imposed by a court of law or by administrative action of any federal, state, or local governmental body or agency, arising out of Guest’s stay at the Property and the performance of the Agreement. Guests also expressly recognizes that any insurance for Property damage or loss which the Provider may maintain on the Property does not cover the personal property of Guests, and that Guests should purchase their own insurance if such coverage is desired.

WRITTEN EXCEPTIONS

Any exceptions to the above-mentioned policies must be pre-approved in writing by a Provider.

SIGNATURES

Facsimile signatures are deemed original signatures and approving online terms and conditions constitute approval of the terms and conditions.

EVENTS

Any event including but not limited to birthday celebrations, weddings and networking events must be pre- approved in writing by Provider. Any unauthorized event will be considered a breach of this rental agreement and immediate termination of occupancy and subsequent financial penalties will apply (see section 4 for details). Property film footage for commercial use is strictly forbidden unless pre-approved in writing by Provider. In addition, filming permits will be required and additional fees may apply including higher exit cleaning fees.

OUTSIDE VENDORS

Provider offers full Guest and Concierge services and Guest agrees to fulfill any additional service requests including but not limited to housekeeping, rental equipment, private chef and wellness services via Provider’s Guest and Concierge services. Should Guest wish to use Guest’s own vendors, these must be pre-approved in writing by Provider. In no case should Guest have vendors that were not pre-approved by Provider on the premises. Damages not abiding by these policies may incur additional fees or withholding of deposit.

Other Terms

SEVERABILITY

If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.

BINDING EFFECT

The covenants and conditions contained in the Agreement shall apply to and bind the parties and the heirs, legal representatives, successors and permitted assigns of the parties.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of California.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement. This Agreement may be modified in writing and must be signed by both Property Provider and Guest.

NOTICE

Any notice required or otherwise given pursuant to this Agreement shall be in writing and mailed certified return receipt requested, postage prepaid, or delivered by overnight delivery service, or sent via email, if to Guest, at the Premise or Guest’s provided email address, and if to Property Provider, at the address for payment of rent or [email protected] Either party may change such addresses from time to time by providing notice as set forth above.

CUMULATIVE RIGHTS

Property Provider’s and Guest’s rights under this Agreement are cumulative, and shall not be construed as exclusive of each other unless otherwise required by law.

WAIVER

The failure of either party to enforce any provisions of this Agreement shall not be deemed a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement. The acceptance of rent by Property Provider does not waive Property Provider’s right to enforce any provisions of this Agreement.