Terms and conditions

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Highlights of our Rental Agreement include:
Late check out or early check in must be requested at least 48 hours in advance to be considered.
Absolutely no events or gatherings without prior written consent from The Renters Club.
Tenant must adhere to parking policy listed in Check In Instructions email.
Tenant must contact The Renters Club within 5 hours of arrival to report any issues that would render the property unsuitable in any way.
Quiet hours are from 10pm to 7am. Outdoor areas are not available for use during quiet hours. Fines for non-compliance up to $1,000.
Tenant agrees to purchase property damage protection insurance (after booking if reservation is through Airbnb or Homeaway partner) and disclose any accidental damage immediately.
Penalties may be assessed for:
Unapproved late check out
Unapproved events or gatherings
Exceeding the maximum approved guest count
Excessive mess/garbage
Any fines imposed by the city as a result of Tenant’s actions
Failure to adhere to vehicle policy
Loss of keys
Please remember to review the Rental Rules set forth in Exhibit A

RENTAL AGREEMENT
This Rental Agreement ( “Agreement”), dated as of date set forth on the Receipt (the “Effective Date”), is entered into by and between The Renters Club, LLC, a Texas limited liability company (“TRC”), whose address is 4209 Dunning Lane, Austin, Texas 78746, as the authorized representative/agent of the owner (the “Owner”) of the property described on the Receipt (the “Property”) and the tenant whose name, address, phone number and email are set forth on the Receipt (“Tenant”). This Agreement constitutes a binding legal contract between TRC and Tenant. Tenant expressly acknowledges and agrees that this Agreement is for transient occupancy of the Property, and that Tenant has no right, claim or intent to use the Property as a permanent residence or household. For purposes of this Agreement, the term “Receipt” means that certain electronic receipt generated upon completion of the booking by execution of this document through TRC.
TERM: Tenant’s rental of and access to the Property shall begin of at 3:00 p.m. on the date identified as the “Check-in Date” on the Receipts and ends at 11:00 a.m. on the (the “Check-out Time”) date identified as the “Check-out Date” on the Receipt. An earlier Check-in Time on the Check-in Date or later Check-out Time on the Check-out Date may be available, subject to availability and will be at the sole discretion of TRC. Tenant must contact TRC at least 48 hours in advance of the Check-in Date or Check-out Date, respectively, to determine availability for an earlier Check-in Time or later Check-out Time. Tenant’s failure to vacate the Property by the Check-out Time may result in a penalty equal to the rental fee for one night at the Property.
RENT AND OTHER CHARGES: As consideration for the right to rent and use the Property, Tenant agrees to pay TRC the accommodation charges in the amount specified on the Receipt (the “Rental Fee”) along with any applicable cleaning fees, insurance fees, deposits and taxes specified all as summarized on the Receipt (collectively the “Total Payment Amount”). In some instances, the required property damage protection insurance policy (Policy) may be charged after the Receipt is generated. The Total Payment Amount shall be due and payable on the date hereof. Unless another method of payment is agreed to by TRC, the Total Payment Amount shall be paid by credit card or debit card.
CREDIT CARD AUTHORIZATION FOR DAMAGE; PROPERTY DAMAGE INSURANCE; SECURITY DEPOSIT; EXCESS DAMAGE:
Tenant agrees to provide TRC with a valid credit card to be kept on file to secure (i) incidental charges authorized by Tenant before or during Tenant’s use of the Property, (ii) payment for any damages caused by Tenant or Tenant’s guests or invitees, and (iii) any costs, charges or expenses that may be incurred by TRC or Owner because of Tenant’s actions in violation of this Agreement (the “Tenant Credit Card”), and Tenant authorizes TRC to charge the Tenant Credit Card for such amounts. An authorization fee of $0.50 may be required if no other payments are due. If TRC determines that the Tenant Credit Card has become invalid or does not have reasonably sufficient availability in its credit limit prior to the Check-in Date, Tenant shall provide TRC with a new valid credit card with sufficient credit limit availability prior to occupancy of the Property, and the failure to do so by Tenant may result in the termination of this Agreement by TRC in its sole and absolute discretion upon notice to Tenant.
Additionally, unless waived by TRC, Tenant agrees to a non-refundable administrative fee for property damage protection insurance policy with a liability limit of $1500 (at a cost to Tenant of $59.00) or $3,000 (at a cost to Tenant of $79.00) (the “Policy”) (level to be chosen by TRC), to cover any damages to the Property caused by Tenant or Tenant’s guests or invitees. From time to time, TRC may choose to use a different insurance carrier with similar pricing. The Policy will be purchased at time of booking or on behalf of Tenant by TRC after credit card information is collected from Tenant. Tenant agrees to disclose any damage to the Property caused by the Tenant or Tenant’s guests or invitees so that such damage can be claimed against the Policy. If TRC waives the requirement to purchase insurance at Tenant’s request, the Tenant agrees that any damage to the Property caused by the Tenant or Tenant’s guests or invitees will be charged to the Tenant Credit Card. If tenant discloses any accidental damage within 24 hours of check out, the damage will be filed via insurance. If tenant fails to disclose damage, the damage may be charged to the credit card on file. The Renters Club, including the participating rental property homeowners we represent, is an additionally-insured participant in a Property Protection Program that reimburses certain costs for unintentional accidental damage to our properties during their rental occupancy.
At TRC’s discretion, TRC may require Tenant to provide a security deposit in an amount agreed upon by TRC and Tenant and specified on the Receipt to serve as additional security for any damage to the Property by Tenant or Tenant’s guest or invitees or any costs, charges or expenses that may be incurred by TRC or Owner because of Tenant’s actions in violation of this Agreement (the “Security Deposit”). If required, the Security Deposit will be charged to the Tenant Credit Card at the time of booking the reservation and will be held in a non-interest bearing account. The Security Deposit shall NOT be applied toward rent; however, it is fully refundable within thirty (30) days of departure, provided the following provisions are met: (a) no damage is done to the Property or its contents or furnishings, beyond normal wear and tear; (b) no costs, charges or expenses are incurred by TRC or Owner due to contraband, pets, smoking, Tenant’s violation of the terms of this Agreement or any Rental Rules; (c) no excessive cleaning is required at the Property; (d) no excessive utility charges are incurred; (e) no linens/towels are lost, stolen, or damaged; and (f) the keys to the Property are returned and the home is left locked (failure to return any keys will result in a $250 fee deducted from the Security Deposit); and (g) the Tenant (or any of guests of the Tenant) is not evicted by TRC in accordance with this Agreement or by local law enforcement. To the extent the Policy covers any such amounts such that Tenant’s Security Deposit does not have to be used to cover such amounts, the balance of the Security Deposit will be refunded within thirty (30) days of the date TRC receives payment from the insurance company.
Tenant is responsible and liable for the amount of all damages that exceed the liability limits of the Policy and/or the Security Deposit (the “Excess Damage Amount”). Tenant shall pay to TRC the Excess Damage Amount within ten (10) days of receiving written notice of such amount from TRC. If Tenant does make timely payment of the Excess Damage Amount, Tenant authorizes TRC to charge the Tenant Credit Card for the full amount of the Excess Damage Amount. Upon request of Tenant, TRC will provide supporting documentation evidencing the Excess Damage Amount.
CANCELLATIONS: Tenant may terminate this Agreement at any time prior to the Check-in Date by written notice to TRC. In the event of such termination, Tenant shall be entitled to receive a refund as follows:
If the cancellation occurs more than 60 days prior to the Check-in Date, 100% of the Total Payment Amount shall be refunded to the Tenant, less TRC’s booking fee;
If the cancellation occurs between 30 and 60 days prior to the Check-in Date, the Total Payment Amount less 50% of the Total Payment Amount will be refunded to Tenant, less TRC’s booking fee; and
If the cancellation occurs within 30 days prior to the Check-in Date, no amount will be refunded to Tenant.
Any bookings during any portion of the SXSW festival are subject to a strict zero-cancellation policy. Absolutely no refunds will be given for cancellation of bookings during this time as well as any time determined to be a major event, including but not limited to, Graduation Weekend, ACL Festival, Moto GP, and Holiday bookings.
Any no show or early departure from the Property does not warrant any refund by TRC other than as provided in this Agreement. Any refunds to Tenant as provided above will be processed as a credit to the Tenant Credit Card. If Tenant did not use a credit card at the time of making the reservation or did not provide TRC with a credit card, TRC will mail Tenant a check for the refund amount within ten (10) days of Tenant’s cancellation of this Agreement.
From time to time, due to circumstances out of TRC’s control, properties may become suddenly unavailable. When this occurs, TRC agrees to make a reasonable attempt to offer an alternative property of equal or greater quality for the original price paid, or an acceptable alternative for its advertised price. TRC is not responsible for any damages to guest if alternative properties are unavailable or unacceptable to guest.
CLEANING: A cleaning fee in the amount set forth on the Receipt is included in the Total Payment Amount (the “Cleaning Fee”). This constitutes standard cleaning service after the Tenant’s departure and does not include those cleaning services included in a “deep clean”. Unless prior arrangements have been made with TRC, no cleaning service is provided during the Tenants stay. Actual cleaning charges incurred by TRC in excess of the Cleaning Fee because of excessive dirt and/or garbage will be charged to the Tenant Credit Card or deducted from the Security Deposit, if applicable. The Rental Fees includes a one-time linen-towel preparation, bed sheets setup, toilet paper, and paper towels. Prior to Tenant’s arrival, the Property will have been cleaned after the departure of the prior Tenant.
ADDITIONAL CHARGES: All utilities are included in the Rental Fees. However, Tenant will be charged additional fees for the following (which may be charged to the Tenant Credit Card or deducted from the Security Deposit, if applicable): (a) fines or summons imposed by the city, county or state where the Property is located as a result of Tenant’s actions, (b) fines imposed by any homeowner’s association as a result of Tenant’s actions, (c) damages to the Property or its furnishings, (d) dirt or debris requiring cleaning in excess of a standard cleaning service, (e) un-bagged excess garbage which will not fit in the Property’s trash cans, excess garbage filling more than one large trash can (f) violation of the agreed upon maximum occupancy limitations, (g) $500 per pet for any unapproved pet presence, or (h) any other costs associated with damage or violation of this Agreement by Tenant during Tenant’s stay which are incurred by TRC or Owners. Included in the fines will be any time spent by TRC remedying the issue, billed at a rate of $85/hr.
USE OF PROPERTY. Use of the Property is strictly limited to private residential activities only. No part of the Property may be used for any kind of trade or business purpose by either the Tenant, family members, or guests. Tenant must vacate the property and return it in proper condition and without any property damages to TRC as specified in Section 1. Tenant shall maintain the premises in good, clean, and tenantable condition throughout the rental period, use all electrical, plumbing, heating, cooling, appliances and other equipment in a reasonable manner with proper care and diligence, removing all garbage in a clean and sanitary manner. Improper use of such systems or appliances and/or damages to these will be charged to Tenant. Tenant shall not use the Property for any kind of illegal activity, including drug dealing activity, drug use and consumption, money laundering operations, organized crime or any other illegal activity whatsoever. Tenant shall not store/keep/handle on the Property any dangerous, combustible or explosive items, or materials with such characteristics, or materials which could unreasonably raise the probability, risk or danger of a fire, or materials that are considered dangerous or highly dangerous by insurance agencies. Tenant is obligated to keep the Property secure. All damages resulting from carelessness or misuse will be charged to the Tenant Credit Card or may be deducted from the Security Deposit, if applicable. Tenant shall maintain the Property in a clean and sanitary condition and not disturb surrounding residents or the peaceful and quiet enjoyment of the premises or surrounding premises. Any damage to the property resulting from the negligent use of the property, improvements thereon, appliances and fixtures shall be charged to the Tenant Credit Card or may be deducted from any applicable Security Deposit. Without the prior written consent of TRC, Tenant shall not host, sponsor or promote any event or gathering at the Property (whether with or without charge) in which the general public is invited or host private parties or gatherings which exceed the maximum occupancy specified in Section 8. Any unauthorized commercial or event use of the property will result in a charge to Tenant of up to $5,000 plus the cost of any damage to the Property.
MAXIMUM OCCUPANCY: The maximum number of overnight guests for the Property is limited to the number of persons specified on the Receipt and the names of such adult overnight guests are specified on Receipt under the heading “Number of Guests” (“Overnight Guests”). The number of children must be listed, however need not be specifically named if under the age of 17 years old. While Tenant, with TRC’s permission, may host additional non-overnight guests at the Property between the hours of 8:00 am and 10:00 pm (“Daytime Guests”) as specified on the property’s listing displayed on the booking channel (“Listing”), the maximum occupancy for the Property shall not exceed at any time the sum of the Overnight Guests and the Daytime Guests. In addition to any other remedies TRC may have under this Agreement, the violation of this Section 3 shall subject Tenant to additional charges of up to $250 per additional guest per night in excess of the maximum number of permitted guests which will be charged to the Tenant Credit Card or deducted from any applicable Security Deposit
VEHICLES. At no time shall the number of vehicles parked by Tenant or Tenant’s guests in the driveway of the Property or anywhere on the street adjacent to the Property exceed the number of vehicles specified on the Listing. At no time shall any vehicle owned or operated by Tenant or Tenant’s guest be driven or parked in the yard of the Property. Failure to adhere to this vehicle policy will result in a $500 charge to the Tenant Credit Card or a $500 deduction from any applicable Security Deposit.
SMOKING: There shall be no smoking (including electronic cigarettes) on the premises. Any Tenant or their guests not adhering to this smoking policy will result in a $500 charge to the Tenant Credit Card or a $500 deduction from any applicable Security Deposit plus the cost of an ozone treatment at the Property.
PETS: Pets are permitted on the Property only with prior written approval of TRC (which may be by email). If approval is granted by TRC, Tenant represents, warrants and agrees to the following:
The pet has never bitten or injured another person or another pet;
Only the pet(s) specified in the request for approval are permitted on the Property;
The additional pet deposit and any additional pet fee in the amount set forth in TRC’s written approval is authorized to be charged to the Tenant Credit Card;
All pets must be leashed when outside;
Tenant shall clean up all pet waste and if pet wasted is not picked up, Tenant will be subject to a $100 charge to the Tenant Credit Card or a $100 deduction from any applicable Security Deposit;
Pets are not allowed on furniture in the Property at any time;
All pets are to be treated with a topical flea and tick repellant at least three (3) days prior to arrival;
Tenant is responsible for all damage caused to the Property by the pets, including to furniture, fixtures, and landscaping;
Tenant shall prevent pets from producing excessive noise;
Pets will not be left unattended at the property any undue length of time, either indoors or outdoors;
TRC and Owner shall have no liability for any injury or illness incurred by any pets permitted on the Property.
RENTAL RULES: Tenant agrees to use the Property in accordance with and abide by the Rental Rules attached as Exhibit A to this Agreement at all times while at the Property and shall cause all guests and anyone else Tenant permits on the Property to abide by the terms of this Agreement and the Rental Rules (specific house rules listed in the manual on-site) at all times while at the Property. Failure to abide by the Rental Rules shall be an express breach of this Agreement and will carry proportional charges.
REPRESENTATIONS: Tenant represents that all information provided by Tenant to TRC is true and correct, and Tenant acknowledges that TRC is relying on the accuracy of such information in agreeing to enter into this Agreement with Tenant. Any inaccuracy in the information provided by TRC will be grounds for TRC to terminate this Agreement, retain the full amount of Total Payment Amount, and deny Tenant occupancy of the Property. This Agreement will constitute the legal, valid and binding obligation of Tenant, enforceable against Tenant in accordance with its terms. EXCEPT FOR ANY EXPRESS WARRANTIES IN THIS AGREEMENT, TRC HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE UNDER THIS AGREEMENT WHICH MAY BE DISCLAIMED UNDER ALL APPLICABLE LAWS.
PROPERTY CONDITION ON CHECK-IN: TENANT SHALL CONTACT TRC WITHIN FIVE (5) HOURS OF CHECKING INTO THE PROPERTY TO REPORT ANY ISSUES THAT WOULD RENDER THE PROPERTY UNACCEPTABLE FOR TENANT’S OCCUPANCY. FAILURE TO MAKE SUCH NOTIFICATION WITHIN SUCH TIME PERIOD IS TENANT’S EXPRESS ACKNOWLEDGMENT THAT THE PROPERTY IS ACCEPTED “AS IS, WHERE IS” FOR THE ENTIRE TERM OF THE AGREEMENT.
COMPLIANCE WITH LAWS. Tenant shall at all times comply with all federal, state and local laws, ordinances, regulations, and orders that are applicable to Tenant’s use and occupancy of the Property and Tenant’s performance of its obligations hereunder.
REPAIRS AND MAINTENANCE: Tenant shall notify TRC immediately if any item at the Property is in need of repair or maintenance, and TRC will expedite such repairs or maintenance as quickly as possible. In the event a major repair to the Property must be made which will necessitate the Tenant’s vacating the premises, TRC may at its option terminate this Agreement, refund a pro-rated amount of the Total Payment Amount and Tenant agrees to vacate the premises holding TRC and Owner harmless for any damages suffered, if any. From time to time, it may be necessary to close swimming pools and other amenities for maintenance purposes or weather. No Rental Fee adjustment can be made for circumstances beyond TRC’s control or malfunction or loss of use of equipment or amenities.
RIGHT OF ENTRY; SURVEILLANCE: TRC has the right to enter and inspect the Property at any reasonable time upon reasonable advance notice to Tenant. In an emergency situation or to protect or preserve the Property, TRC has the right to enter and inspect the Property at any time without any prior notice. The Tenant agrees not to deny such access. If Tenant refuses to allow access to TRC or any agent designated by TRC, Tenant shall be in breach of this Agreement. Tenant shall not alter or add locks at the Property. Any authorized employee or repairman may enter the Property during customary business hours for any purpose related to the repair, care, improvement, and management of the premises. TENANT ACKNOWLEDGES THAT THE PROPERTY’S EXTERIOR MAY BE UNDER VIDEO CAMERA AND AUDIO SURVEILLANCE FOR SECURITY PURPOSES.
NO ASSIGNMENT OR SUBLETTING: Tenant shall not assign this Agreement or sublet the Property without the prior written consent of TRC in its sole discretion.
TENANT’S PERSONAL PROPERTY: On the Check-Out Date, the Tenant shall remove all of Tenant’s personal property. TRC is not responsible at any time for any items left at the Property. If any of Tenant’s personal property is found by TRC and/or its cleaning staff, TRC will make reasonable efforts to contact the Tenant. Such personal property will be held at our office for pickup or returned to Tenant at cost plus a handling fee, not to exceed $50.00. If a Tenant’s personal property is not claimed by Tenant within thirty (30) days after the Check-out Date, such property shall become the property of TRC. Tenant is aware and understands that neither TRC nor Owner is responsible or liable for any of Tenant’s personal property present on the Property. All Tenant’s personal property shall be at the risk of the Tenant. TRC and Owner shall not be liable for any damage to said personal property of the Tenant arising from criminal acts, fire, storm, flood, rain or wind damage, acts of negligence or any person whosoever, or from the bursting or leaking of water pipes unless such damage is caused by the gross negligence or willful or reckless misconduct of TRC.
DEFAULT: In the event of Tenant’s nonpayment of any required rental payment as provided for in this Agreement or in the event of Tenant’s breach of any of the representations, warranties, terms, conditions, promises or covenants as set forth in the Agreement, TRC may take any or all of the following actions: (1) terminate this Agreement, (2) collect any damages, costs or fees due under this Agreement by charging the Tenant Credit Card, (3) retain any applicable Security Deposit, (4) retain all previous payments to TRC without refund, (5) terminate Tenant’s right of possession of the Property, and (5) exercise any other rights and remedies available at law or in equity.
INDEMNIFICATION: Tenant shall indemnify, hold harmless, and defend TRC and the Owner and each of their officers, directors, employees, agents, affiliates, successors, and permitted assigns (collectively, "Indemnified Party") against any and all losses, damages, diminutions in value, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including professional fees and attorney's' fees, that are incurred by Indemnified Party (collectively, "Losses"), arising out of any claim alleging: (a) breach or non-fulfillment of any representation, warranty, or covenant under this Agreement by Tenant or any of Tenant’s guests at the Property; (b) any negligent or more culpable act or omission of Tenant or Tenant’s guests at the Property (including any reckless or willful misconduct) in connection with the performance of its obligations under this Agreement; (c) any bodily injury, death of any person, or damage to real or tangible personal property caused by the negligent or more culpable acts or omissions of Tenant or Tenant’s guests at the Property (including any reckless or willful misconduct); or (d) any failure by Tenant or Tenant’s guests at the Property to comply with any applicable federal, state, or local laws, regulations, or codes in the performance of its obligations under this Agreement. Notwithstanding anything to the contrary in this Agreement, Tenant is not obligated to indemnify, hold harmless, or defend Indemnified Party against any claim (whether direct or indirect) if such claim or corresponding Losses arise out of or result from, in whole or in part, Indemnified Party's: (i) negligence or more culpable act or omission (including recklessness or willful misconduct); or (ii) bad faith failure to comply with any of its obligations set forth in this Agreement.
LIMITATION OF LIABILITY.
No Consequential or Indirect Damages. IN NO EVENT SHALL TRC OR OWNER BE LIABLE UNDER THIS AGREEMENT TO THE OTHER PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THIS AGREEMENT, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT IT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
Maximum Liability. EXCEPT FOR TRC’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR INTENTIONAL ACTS, IN NO EVENT SHALL TRC’S OR OWNER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID TO TRC PURSUANT TO THIS AGREEMENT.
UNFORSEEN CONDITIONS: If any unforeseen conditions or problems with the Property arise prior to or during Tenant’s stay which makes the Property untenantable, TRC reserves the right to terminate this Agreement and refund the Tenant’s Payment Amount or place Tenant in a comparable Property in a similar location with substantially similar amenities, bedrooms, etc. TRC assumes no responsibility and shall have no liability for such unforeseen conditions.
SAFETY: Tenant acknowledges and agrees that Tenant and Tenant’s guests are solely responsible for their own safety in the occupancy of the Property including their use of any amenities locate on or about the Property, including any pool, hot tub, deck areas, exercise equipment, trampolines, boat docks and any other recreational amenities. Tenant acknowledges that no lifeguard will be provided for Tenant’s use of any pool facilities at the Property.
ADDITIONAL PROVISIONS: Any additional provisions applicable to this Agreement are set forth on the Receipt or in email communication.
MISCELLANEOUS:
Third Party Beneficiaries. Except as set forth in subsequent sentence, the parties do not confer any rights or remedies upon any person other than the parties to this Agreement and their respective successors and permitted assigns. The parties hereby designate Owner as an express third-party beneficiary of this Agreement having the right to enforce the terms of this Agreement against Tenant.
Statute of Limitations. Tenant must file any legal action or claim arising directly or indirectly from of this Agreement no later than six (6) months after the claim has accrued. The Tenant waives the right to file any legal action or claim arising directly or indirectly from this Agreement under any longer statute of limitations.
Attorney Fees. In the event that any party institutes any legal suit, action, or proceeding against the other party arising out of or relating to this Agreement, the prevailing party in the suit, action, or proceeding shall be entitled to receive, in addition to all other damages to which it may be entitled, the costs incurred by such party in conducting the suit, action, or proceeding, including reasonable attorneys' fees and expenses and court costs.
Further Assurances. Each of the parties hereto shall execute and deliver such additional documents, instruments, conveyances, and assurances and take such further actions as may be reasonably required to carry out the provisions hereof and give effect to the transactions contemplated hereby.
Notices. All notices, requests, consents, claims, demands, waivers, and other communications hereunder (each, a "Notice") shall be in writing and addressed to the parties at the addresses set forth on the Receipt (or to such other address that may be designated by the receiving party from time to time in accordance with this Section). All Notices shall be deemed to have been given (a) when delivered by hand (with written confirmation of receipt); (b) when received by the addressee if sent by a nationally recognized overnight courier (receipt requested); (c) on the date sent by facsimile or email if sent during normal business hours of the recipient, and on the next business day if sent after normal business hours of the recipient; or (d) on the third day after the date mailed, by certified or registered mail (in each case, return receipt requested, postage pre-paid).
Interpretation. For purposes of this Agreement, (a) the words "include," "includes," and "including" are deemed to be followed by the words "without limitation"; (b) the word "or" is not exclusive; and (c) the words "herein," "hereof," "hereby," "hereto," and "hereunder" refer to this Agreement as a whole. Unless the context otherwise requires, references herein: (x) to sections, schedules, and exhibits mean the sections of, and schedules and exhibits attached to, this Agreement; (y) to an agreement, instrument, or other document means such agreement, instrument, or other document as amended, supplemented, and modified from time to time to the extent permitted by the provisions thereof; and (z) to a statute means such statute as amended from time to time and includes any successor legislation thereto and any regulations promulgated thereunder. This Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted. The schedules and exhibits referred to herein shall be construed with, and as an integral part of, this Agreement to the same extent as if they were set forth verbatim herein.
Headings. The headings in this Agreement are for reference only and shall not affect the interpretation of this Agreement.
Severability. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
Entire Agreement. This Agreement, the Receipt and all attached exhibits and schedules constitutes the sole and entire agreement of the parties to this Agreement with respect to the subject matter contained herein and therein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. In the event of any inconsistency between the statements in the body of this Agreement and the related exhibits and schedules (other than an exception expressly set forth as such in the schedules), the statements in the body of this Agreement shall control.
Amendment. This Agreement may only be amended, modified, or supplemented by an agreement in writing signed by each party hereto.
Waiver. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No waiver by any party shall operate or be construed as a waiver in respect of any failure, breach, or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
Remedies. The rights and remedies under this Agreement are cumulative and are in addition to and not in substitution for any other rights and remedies available at law or in equity or otherwise.
Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective permitted successors and permitted assigns.
Governing Law. This Agreement and all related documents including all exhibits attached hereto, and all matters arising out of or relating to this Agreement, whether sounding in contract, tort, or statute are governed by, and construed in accordance with, the laws of the State of Texas, without giving effect to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of Texas. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Choice of Forum. Any party may commence any action, litigation, or proceeding of any kind whatsoever against any other party in any way arising from or relating to this Agreement and all contemplated transactions, including, but not limited to, contract, equity, tort, fraud, and statutory claims, in the US District Court for the Western District of Texas or, if such court does not have subject matter jurisdiction, the courts of the State of Texas sitting in Travis County, and any appellate court from any thereof. Each party submits to the nonexclusive jurisdiction of such courts and agrees that any such action, litigation, or proceeding may be brought in the US District Court for the Western District of Texas or, if such court does not have subject matter jurisdiction, the courts of the State of Texas sitting in Tarrant County. Each party agrees that a final judgment in any such action, litigation, or proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.
Force Majeure. TRC shall not be liable or responsible to Tenant, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other party hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the TRC’s reasonable control, including, without limitation: (a) acts of God; (b) flood, fire, earthquake, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest; (d) government order or law; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; and (h) shortage of adequate power or transportation facilities.
Time of the Essence. Time shall be of the essence in this Agreement.
Electronic Signatures. Each party agrees that the electronic signatures of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a party with the intent to sign such record pursuant to the Texas Uniform Electronic Transactions Act (Tex. Bus. & Com. Code Ann. § 322.001 et seq.) as amended from time to time.
IN WITNESS WHEREOF, the Tenant and TRC have executed this Agreement as of the Effective Date by their electronic signature.
EXHIBIT A
RENTAL RULES
TELEPHONE: Most properties do NOT provide a land line telephone. Should there be a phone provided, Tenant will be charged any long distance or international call fees incurred during the Term.. Emergency medical and police service can be called by dialing 911.
TRASH: The Tenant shall dispose of all waste material generated during the license period in a lawful manner. If excess trash is created by tenant which will not fit in the provided trash cans, Tenant will neatly bag trash, leave next to trash cans, and notify TRC by 12pm for same-day pickup. If notification is not given by 12pm, bagged trash must be kept inside overnight. Excess bagged trash may not be left outside of overnight. Tenant will be subject to a $120 trash valet fee if trash is not bagged and left next to cans.
QUIET HOURS: The Tenant shall behave in a civilized manner and shall be good neighbors respecting the rights of the surrounding property owners. The Tenant shall not create noise or disturbances likely to disturb or annoy the surrounding property owners. Creating excessive noise or disturbances shall be grounds for immediate termination of this Agreement and Tenant’s removal from the Property. Quiet hours are from 10:00 PM to 7:00 AM and outdoor areas are NOT available for use during those times. Failure to comply will result in a fine of up to $1,000.
AMENITIES: Towels, linens, toilet paper, hand soap, dish detergent, cups, knives, forks, spoons, dishes, and other items as commonly used by an occupant of the Property will be provided. TRC is not responsible for replenishing items after the rental term has begun. No reimbursement will be made for unused consumables left at the Property. If consumables exist at the Property when the Tenant arrives, WHICH ARE NOT MARKED AS PRIVATE, the Tenant is free to use them. Food in the refrigerator, IF IT IS NOT MARKED AS PRIVATE, is available for use by the Tenant, however, alcohol, wine, freezer items, pantry items, are not for the use of the Tenant unless specifically indicated in writing by the Owner or TRC. TRC makes no representations or warranties regarding any food left in the refrigerator. Towels are never permitted to be taken from the house. Stained towels, sheets or property of Owner removed from the Property, whether marked or unmarked, will be claimed on the Policy or charged to the Tenant Credit Card if no claim can be made or is otherwise denied.
OUTAGES: Outages and other interruptions of service with respect to water, electricity, cable and internet (if provided) and wastewater are beyond TRC’s control. Tenant shall report outages to TRC as such occurs. No refunds or compensation will be given to Tenant for any such outages or interruptions in service.
WEATHER: There shall be no refunds of any fees because of shortened stays or ruined expectations due to weather conditions.
EMERGENCIES: There shall be no refunds of any fees because of shortened stays or ruined expectations due to work, family or other emergencies or other commitments.
FIREARMS: The possession of firearms at the Property shall only be permitted if such possession is in compliance with all applicable laws.
HAZARDOUS MATERIALS: Tenant agrees that fireworks and other hazardous materials shall not be brought onto or used in or around the Property. Violation of this Section 9 will result in a $500.00 charge to the Tenant Credit Card and immediate eviction from the Property without refund.
PRIVATE AREAS: Tenant agrees not to access the “owner’s closet” or any other areas marked “private”, even if unlocked. Such areas contain Owner’s property as well as cleaning supplies and chemicals that could be hazardous to children and adults.
GAS: Tenant is advised that the Property may contain a gas stove and cook top, gas heating, gas grill, and other gas powered items and Tenant will seek help from management if the proper operation of such items is not fully understood. If propane tanks are provided for outdoor grills, Tenant are free to use.
FIRE EXTINGUISHER: The property has a fire extinguisher. Tenant agrees to use the fire extinguisher only for true emergencies.
FIRE ALARMS: The property has fire alarms and/or smoke detectors installed and which to TRC’s knowledge are properly functioning at Check-In Date. Tenant will notify management without delay if a fire alarm or smoke detector “chirps” or has a low battery condition.
CARBON MONOXIDE DETECTOR: Tenant is advised that there may be no carbon monoxide detector on the property and accepts the risk involved in not having one.
SECURITY: Tenant shall see to their own security while in the Property by ensuring that doors, windows, garage doors, etc. are locked at all times. Further, Tenant agrees to insure that all doors and windows are locked when no Tenants are at the Property.
CABLE: Cable TV, if provided, has been chosen by TRC. No refund of any Rental Fees shall be given for outages, content, lack of content, or personal preferences with regard to cable TV service. Any television services purchased by the Tenant using the Owner’s account will be charged to the guest after check out. Tenant agrees to notify TRC by phone or email if any television services are purchased.
INTERNET: High speed wireless internet may be provided as a convenience only and is not integral to the Agreement. No refund of Rental Fees shall be given for outages, content, lack of content, speed, access problems, lack of knowledge of use, or personal preferences with regard to internet service.
COMMERCIAL USE: No commercial use of the Property without written agreement, specific arrangements and proof of separate insurance.
SPILLS: Tenant and all Tenant’s guest shall properly and immediately clean up spills on the Property, furnishings or floors.
REPORTING DAMAGES: Tenant is responsible for reporting anything broken, damaged, disabled or not in working condition immediately to TRC. Do not wait until check-out to inform as this may result in the item or items being charged to the Tenant Credit Card or deducted from any applicable Security Deposit.
MAKE-UP REMOVAL: Tenant shall not use wash cloths or towels for makeup removal. You will be charged for their replacement if an insurance claim cannot be made.
WASTE: Guest shall not flush anything down the toilet other than organic waste.
LANDSCAPING: Tenant is responsible for all damage to landscaping or exterior premises that occur during the Term of the Agreement.
KEYS: Tenant agrees to KEEP KEY IN LOCK BOX AT ALL TIMES and is responsible for any keys provided to property and shall return all keys to the lockbox, TRC, or as otherwise instructed in writing upon departure. Loss of any keys will result in a fee of $250.00 charged to the Tenant Credit Card or deducted from any applicable Security Deposit.
FIREPLACE: Paper or other combustible items should never be placed in any fireplace. Only wood shall be placed in wood burning fireplace. Nothing shall be placed in gas fireplaces
CHECKOUT PROCEDURES: Failure to comply with Check-out times and procedures will result in a penalty equal to the rental fee for one night at the property. Unapproved late check outs will usually be subject to a $250.00 fee per additional hour after published check-out time. TRC maintains full discretion regarding unapproved checkout fees.
POOL (IF APPLICABLE): It is Tenant’s and any of Tenant’s guests responsibility to learn about safety precautions, warning signs of water conditions, and safety procedures concerning swimming in or being around the swimming pool, hot tub or lake. Tenant agrees to have a responsible adult supervising minors while they swim in the pool. Tenant is hereby notified that the pool can be dangerous and Tenant and Tenant’s guests accept fully the risks involved. Tenant is further notified to be cautious when using the outdoor areas of the Property as the pool may be open and in close proximity and can be a hazard. There may not be a barrier to prevent a fall into the pool. Pool may or may not be heated. Unless approved in writing and paid for in advance, Tenants may NOT heat the pool at any time. Failure to comply will result in a $500 fee (in addition to any utility costs incurred for such unauthorized heating) and will be charged against the Tenant Credit Card or deducted from any applicable Security Deposit. Tenant must adhere to specific pool rules and hours.
TRAMPOLINE (IF APPLICABLE): Tenant acknowledges, understands and accepts the risks involved with trampoline use. Tenant and guests shall be responsible for all damage to and personal injury from the use of and assumes all inherent risks of the activity on behalf of themselves and their guest in its entirety, including minors if applicable.
EXERCISE EQUIPMENT (IF APPLICABLE): Tenant acknowledges, understands and accepts the risks involved with the use of exercise equipment, regardless of the care taken to avoid injuries. The use of exercise equipment is voluntary. Tenant and guests shall be responsible for all damage to and personal injury from the use of and assumes all inherent risks of the activity on behalf of themselves and their guests in its entirety, including minors if applicable.
BOAT DOCK (IF APPLICABLE): If a boat dock is associated with the Property, unlocked, advertised, and unless otherwise notified in writing, the boat dock is available for use at your own risk. Tenant agrees to follow all rules provided when using boat dock. Tenant acknowledges, understands and accepts the risks involved with the use of any boat dock, regardless of the care taken to avoid injuries. The use of the boat dock is voluntary. Tenant and guests shall be responsible for all damage to and personal injury from the use of and assumes all inherent risks of any activity on the boat dock on behalf of themselves and their guests in its entirety, including minors if applicable.
 
Highlights of our Rental Agreement include:
Late check out or early check in must be requested at least 48 hours in advance to be considered.
Absolutely no events or gatherings without prior written consent from The Renters Club.
Tenant must adhere to parking policy listed in Check In Instructions email.
Tenant must contact The Renters Club within 5 hours of arrival to report any issues that would render the property unsuitable in any way.
Quiet hours are from 10pm to 7am. Outdoor areas are not available for use during quiet hours. Fines for non-compliance up to $1,000.
Tenant agrees to purchase property damage protection insurance (after booking if reservation is through Airbnb or Homeaway partner) and disclose any accidental damage immediately.
Penalties may be assessed for:
Unapproved late check out
Unapproved events or gatherings
Exceeding the maximum approved guest count
Excessive mess/garbage
Any fines imposed by the city as a result of Tenant’s actions
Failure to adhere to vehicle policy
Loss of keys
Please remember to review the Rental Rules set forth in Exhibit A

RENTAL AGREEMENT
This Rental Agreement ( “Agreement”), dated as of date set forth on the Receipt (the “Effective Date”), is entered into by and between The Renters Club, LLC, a Texas limited liability company (“TRC”), whose address is 4209 Dunning Lane, Austin, Texas 78746, as the authorized representative/agent of the owner (the “Owner”) of the property described on the Receipt (the “Property”) and the tenant whose name, address, phone number and email are set forth on the Receipt (“Tenant”). This Agreement constitutes a binding legal contract between TRC and Tenant. Tenant expressly acknowledges and agrees that this Agreement is for transient occupancy of the Property, and that Tenant has no right, claim or intent to use the Property as a permanent residence or household. For purposes of this Agreement, the term “Receipt” means that certain electronic receipt generated upon completion of the booking by execution of this document through TRC.
TERM: Tenant’s rental of and access to the Property shall begin of at 3:00 p.m. on the date identified as the “Check-in Date” on the Receipts and ends at 11:00 a.m. on the (the “Check-out Time”) date identified as the “Check-out Date” on the Receipt. An earlier Check-in Time on the Check-in Date or later Check-out Time on the Check-out Date may be available, subject to availability and will be at the sole discretion of TRC. Tenant must contact TRC at least 48 hours in advance of the Check-in Date or Check-out Date, respectively, to determine availability for an earlier Check-in Time or later Check-out Time. Tenant’s failure to vacate the Property by the Check-out Time may result in a penalty equal to the rental fee for one night at the Property.
RENT AND OTHER CHARGES: As consideration for the right to rent and use the Property, Tenant agrees to pay TRC the accommodation charges in the amount specified on the Receipt (the “Rental Fee”) along with any applicable cleaning fees, insurance fees, deposits and taxes specified all as summarized on the Receipt (collectively the “Total Payment Amount”). In some instances, the required property damage protection insurance policy (Policy) may be charged after the Receipt is generated. The Total Payment Amount shall be due and payable on the date hereof. Unless another method of payment is agreed to by TRC, the Total Payment Amount shall be paid by credit card or debit card.
CREDIT CARD AUTHORIZATION FOR DAMAGE; PROPERTY DAMAGE INSURANCE; SECURITY DEPOSIT; EXCESS DAMAGE:
Tenant agrees to provide TRC with a valid credit card to be kept on file to secure (i) incidental charges authorized by Tenant before or during Tenant’s use of the Property, (ii) payment for any damages caused by Tenant or Tenant’s guests or invitees, and (iii) any costs, charges or expenses that may be incurred by TRC or Owner because of Tenant’s actions in violation of this Agreement (the “Tenant Credit Card”), and Tenant authorizes TRC to charge the Tenant Credit Card for such amounts. An authorization fee of $0.50 may be required if no other payments are due. If TRC determines that the Tenant Credit Card has become invalid or does not have reasonably sufficient availability in its credit limit prior to the Check-in Date, Tenant shall provide TRC with a new valid credit card with sufficient credit limit availability prior to occupancy of the Property, and the failure to do so by Tenant may result in the termination of this Agreement by TRC in its sole and absolute discretion upon notice to Tenant.
Additionally, unless waived by TRC, Tenant agrees to a non-refundable administrative fee for property damage protection insurance policy with a liability limit of $1500 (at a cost to Tenant of $59.00) or $3,000 (at a cost to Tenant of $79.00) (the “Policy”) (level to be chosen by TRC), to cover any damages to the Property caused by Tenant or Tenant’s guests or invitees. From time to time, TRC may choose to use a different insurance carrier with similar pricing. The Policy will be purchased at time of booking or on behalf of Tenant by TRC after credit card information is collected from Tenant. Tenant agrees to disclose any damage to the Property caused by the Tenant or Tenant’s guests or invitees so that such damage can be claimed against the Policy. If TRC waives the requirement to purchase insurance at Tenant’s request, the Tenant agrees that any damage to the Property caused by the Tenant or Tenant’s guests or invitees will be charged to the Tenant Credit Card. If tenant discloses any accidental damage within 24 hours of check out, the damage will be filed via insurance. If tenant fails to disclose damage, the damage may be charged to the credit card on file. The Renters Club, including the participating rental property homeowners we represent, is an additionally-insured participant in a Property Protection Program that reimburses certain costs for unintentional accidental damage to our properties during their rental occupancy.
At TRC’s discretion, TRC may require Tenant to provide a security deposit in an amount agreed upon by TRC and Tenant and specified on the Receipt to serve as additional security for any damage to the Property by Tenant or Tenant’s guest or invitees or any costs, charges or expenses that may be incurred by TRC or Owner because of Tenant’s actions in violation of this Agreement (the “Security Deposit”). If required, the Security Deposit will be charged to the Tenant Credit Card at the time of booking the reservation and will be held in a non-interest bearing account. The Security Deposit shall NOT be applied toward rent; however, it is fully refundable within thirty (30) days of departure, provided the following provisions are met: (a) no damage is done to the Property or its contents or furnishings, beyond normal wear and tear; (b) no costs, charges or expenses are incurred by TRC or Owner due to contraband, pets, smoking, Tenant’s violation of the terms of this Agreement or any Rental Rules; (c) no excessive cleaning is required at the Property; (d) no excessive utility charges are incurred; (e) no linens/towels are lost, stolen, or damaged; and (f) the keys to the Property are returned and the home is left locked (failure to return any keys will result in a $250 fee deducted from the Security Deposit); and (g) the Tenant (or any of guests of the Tenant) is not evicted by TRC in accordance with this Agreement or by local law enforcement. To the extent the Policy covers any such amounts such that Tenant’s Security Deposit does not have to be used to cover such amounts, the balance of the Security Deposit will be refunded within thirty (30) days of the date TRC receives payment from the insurance company.
Tenant is responsible and liable for the amount of all damages that exceed the liability limits of the Policy and/or the Security Deposit (the “Excess Damage Amount”). Tenant shall pay to TRC the Excess Damage Amount within ten (10) days of receiving written notice of such amount from TRC. If Tenant does make timely payment of the Excess Damage Amount, Tenant authorizes TRC to charge the Tenant Credit Card for the full amount of the Excess Damage Amount. Upon request of Tenant, TRC will provide supporting documentation evidencing the Excess Damage Amount.
CANCELLATIONS: Tenant may terminate this Agreement at any time prior to the Check-in Date by written notice to TRC. In the event of such termination, Tenant shall be entitled to receive a refund as follows:
If the cancellation occurs more than 60 days prior to the Check-in Date, 100% of the Total Payment Amount shall be refunded to the Tenant, less TRC’s booking fee;
If the cancellation occurs between 30 and 60 days prior to the Check-in Date, the Total Payment Amount less 50% of the Total Payment Amount will be refunded to Tenant, less TRC’s booking fee; and
If the cancellation occurs within 30 days prior to the Check-in Date, no amount will be refunded to Tenant.
Any bookings during any portion of the SXSW festival are subject to a strict zero-cancellation policy. Absolutely no refunds will be given for cancellation of bookings during this time as well as any time determined to be a major event, including but not limited to, Graduation Weekend, ACL Festival, Moto GP, and Holiday bookings.
Any no show or early departure from the Property does not warrant any refund by TRC other than as provided in this Agreement. Any refunds to Tenant as provided above will be processed as a credit to the Tenant Credit Card. If Tenant did not use a credit card at the time of making the reservation or did not provide TRC with a credit card, TRC will mail Tenant a check for the refund amount within ten (10) days of Tenant’s cancellation of this Agreement.
From time to time, due to circumstances out of TRC’s control, properties may become suddenly unavailable. When this occurs, TRC agrees to make a reasonable attempt to offer an alternative property of equal or greater quality for the original price paid, or an acceptable alternative for its advertised price. TRC is not responsible for any damages to guest if alternative properties are unavailable or unacceptable to guest.
CLEANING: A cleaning fee in the amount set forth on the Receipt is included in the Total Payment Amount (the “Cleaning Fee”). This constitutes standard cleaning service after the Tenant’s departure and does not include those cleaning services included in a “deep clean”. Unless prior arrangements have been made with TRC, no cleaning service is provided during the Tenants stay. Actual cleaning charges incurred by TRC in excess of the Cleaning Fee because of excessive dirt and/or garbage will be charged to the Tenant Credit Card or deducted from the Security Deposit, if applicable. The Rental Fees includes a one-time linen-towel preparation, bed sheets setup, toilet paper, and paper towels. Prior to Tenant’s arrival, the Property will have been cleaned after the departure of the prior Tenant.
ADDITIONAL CHARGES: All utilities are included in the Rental Fees. However, Tenant will be charged additional fees for the following (which may be charged to the Tenant Credit Card or deducted from the Security Deposit, if applicable): (a) fines or summons imposed by the city, county or state where the Property is located as a result of Tenant’s actions, (b) fines imposed by any homeowner’s association as a result of Tenant’s actions, (c) damages to the Property or its furnishings, (d) dirt or debris requiring cleaning in excess of a standard cleaning service, (e) un-bagged excess garbage which will not fit in the Property’s trash cans, excess garbage filling more than one large trash can (f) violation of the agreed upon maximum occupancy limitations, (g) $500 per pet for any unapproved pet presence, or (h) any other costs associated with damage or violation of this Agreement by Tenant during Tenant’s stay which are incurred by TRC or Owners. Included in the fines will be any time spent by TRC remedying the issue, billed at a rate of $85/hr.
USE OF PROPERTY. Use of the Property is strictly limited to private residential activities only. No part of the Property may be used for any kind of trade or business purpose by either the Tenant, family members, or guests. Tenant must vacate the property and return it in proper condition and without any property damages to TRC as specified in Section 1. Tenant shall maintain the premises in good, clean, and tenantable condition throughout the rental period, use all electrical, plumbing, heating, cooling, appliances and other equipment in a reasonable manner with proper care and diligence, removing all garbage in a clean and sanitary manner. Improper use of such systems or appliances and/or damages to these will be charged to Tenant. Tenant shall not use the Property for any kind of illegal activity, including drug dealing activity, drug use and consumption, money laundering operations, organized crime or any other illegal activity whatsoever. Tenant shall not store/keep/handle on the Property any dangerous, combustible or explosive items, or materials with such characteristics, or materials which could unreasonably raise the probability, risk or danger of a fire, or materials that are considered dangerous or highly dangerous by insurance agencies. Tenant is obligated to keep the Property secure. All damages resulting from carelessness or misuse will be charged to the Tenant Credit Card or may be deducted from the Security Deposit, if applicable. Tenant shall maintain the Property in a clean and sanitary condition and not disturb surrounding residents or the peaceful and quiet enjoyment of the premises or surrounding premises. Any damage to the property resulting from the negligent use of the property, improvements thereon, appliances and fixtures shall be charged to the Tenant Credit Card or may be deducted from any applicable Security Deposit. Without the prior written consent of TRC, Tenant shall not host, sponsor or promote any event or gathering at the Property (whether with or without charge) in which the general public is invited or host private parties or gatherings which exceed the maximum occupancy specified in Section 8. Any unauthorized commercial or event use of the property will result in a charge to Tenant of up to $5,000 plus the cost of any damage to the Property.
MAXIMUM OCCUPANCY: The maximum number of overnight guests for the Property is limited to the number of persons specified on the Receipt and the names of such adult overnight guests are specified on Receipt under the heading “Number of Guests” (“Overnight Guests”). The number of children must be listed, however need not be specifically named if under the age of 17 years old. While Tenant, with TRC’s permission, may host additional non-overnight guests at the Property between the hours of 8:00 am and 10:00 pm (“Daytime Guests”) as specified on the property’s listing displayed on the booking channel (“Listing”), the maximum occupancy for the Property shall not exceed at any time the sum of the Overnight Guests and the Daytime Guests. In addition to any other remedies TRC may have under this Agreement, the violation of this Section 3 shall subject Tenant to additional charges of up to $250 per additional guest per night in excess of the maximum number of permitted guests which will be charged to the Tenant Credit Card or deducted from any applicable Security Deposit
VEHICLES. At no time shall the number of vehicles parked by Tenant or Tenant’s guests in the driveway of the Property or anywhere on the street adjacent to the Property exceed the number of vehicles specified on the Listing. At no time shall any vehicle owned or operated by Tenant or Tenant’s guest be driven or parked in the yard of the Property. Failure to adhere to this vehicle policy will result in a $500 charge to the Tenant Credit Card or a $500 deduction from any applicable Security Deposit.
SMOKING: There shall be no smoking (including electronic cigarettes) on the premises. Any Tenant or their guests not adhering to this smoking policy will result in a $500 charge to the Tenant Credit Card or a $500 deduction from any applicable Security Deposit plus the cost of an ozone treatment at the Property.
PETS: Pets are permitted on the Property only with prior written approval of TRC (which may be by email). If approval is granted by TRC, Tenant represents, warrants and agrees to the following:
The pet has never bitten or injured another person or another pet;
Only the pet(s) specified in the request for approval are permitted on the Property;
The additional pet deposit and any additional pet fee in the amount set forth in TRC’s written approval is authorized to be charged to the Tenant Credit Card;
All pets must be leashed when outside;
Tenant shall clean up all pet waste and if pet wasted is not picked up, Tenant will be subject to a $100 charge to the Tenant Credit Card or a $100 deduction from any applicable Security Deposit;
Pets are not allowed on furniture in the Property at any time;
All pets are to be treated with a topical flea and tick repellant at least three (3) days prior to arrival;
Tenant is responsible for all damage caused to the Property by the pets, including to furniture, fixtures, and landscaping;
Tenant shall prevent pets from producing excessive noise;
Pets will not be left unattended at the property any undue length of time, either indoors or outdoors;
TRC and Owner shall have no liability for any injury or illness incurred by any pets permitted on the Property.
RENTAL RULES: Tenant agrees to use the Property in accordance with and abide by the Rental Rules attached as Exhibit A to this Agreement at all times while at the Property and shall cause all guests and anyone else Tenant permits on the Property to abide by the terms of this Agreement and the Rental Rules (specific house rules listed in the manual on-site) at all times while at the Property. Failure to abide by the Rental Rules shall be an express breach of this Agreement and will carry proportional charges.
REPRESENTATIONS: Tenant represents that all information provided by Tenant to TRC is true and correct, and Tenant acknowledges that TRC is relying on the accuracy of such information in agreeing to enter into this Agreement with Tenant. Any inaccuracy in the information provided by TRC will be grounds for TRC to terminate this Agreement, retain the full amount of Total Payment Amount, and deny Tenant occupancy of the Property. This Agreement will constitute the legal, valid and binding obligation of Tenant, enforceable against Tenant in accordance with its terms. EXCEPT FOR ANY EXPRESS WARRANTIES IN THIS AGREEMENT, TRC HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE UNDER THIS AGREEMENT WHICH MAY BE DISCLAIMED UNDER ALL APPLICABLE LAWS.
PROPERTY CONDITION ON CHECK-IN: TENANT SHALL CONTACT TRC WITHIN FIVE (5) HOURS OF CHECKING INTO THE PROPERTY TO REPORT ANY ISSUES THAT WOULD RENDER THE PROPERTY UNACCEPTABLE FOR TENANT’S OCCUPANCY. FAILURE TO MAKE SUCH NOTIFICATION WITHIN SUCH TIME PERIOD IS TENANT’S EXPRESS ACKNOWLEDGMENT THAT THE PROPERTY IS ACCEPTED “AS IS, WHERE IS” FOR THE ENTIRE TERM OF THE AGREEMENT.
COMPLIANCE WITH LAWS. Tenant shall at all times comply with all federal, state and local laws, ordinances, regulations, and orders that are applicable to Tenant’s use and occupancy of the Property and Tenant’s performance of its obligations hereunder.
REPAIRS AND MAINTENANCE: Tenant shall notify TRC immediately if any item at the Property is in need of repair or maintenance, and TRC will expedite such repairs or maintenance as quickly as possible. In the event a major repair to the Property must be made which will necessitate the Tenant’s vacating the premises, TRC may at its option terminate this Agreement, refund a pro-rated amount of the Total Payment Amount and Tenant agrees to vacate the premises holding TRC and Owner harmless for any damages suffered, if any. From time to time, it may be necessary to close swimming pools and other amenities for maintenance purposes or weather. No Rental Fee adjustment can be made for circumstances beyond TRC’s control or malfunction or loss of use of equipment or amenities.
RIGHT OF ENTRY; SURVEILLANCE: TRC has the right to enter and inspect the Property at any reasonable time upon reasonable advance notice to Tenant. In an emergency situation or to protect or preserve the Property, TRC has the right to enter and inspect the Property at any time without any prior notice. The Tenant agrees not to deny such access. If Tenant refuses to allow access to TRC or any agent designated by TRC, Tenant shall be in breach of this Agreement. Tenant shall not alter or add locks at the Property. Any authorized employee or repairman may enter the Property during customary business hours for any purpose related to the repair, care, improvement, and management of the premises. TENANT ACKNOWLEDGES THAT THE PROPERTY’S EXTERIOR MAY BE UNDER VIDEO CAMERA AND AUDIO SURVEILLANCE FOR SECURITY PURPOSES.
NO ASSIGNMENT OR SUBLETTING: Tenant shall not assign this Agreement or sublet the Property without the prior written consent of TRC in its sole discretion.
TENANT’S PERSONAL PROPERTY: On the Check-Out Date, the Tenant shall remove all of Tenant’s personal property. TRC is not responsible at any time for any items left at the Property. If any of Tenant’s personal property is found by TRC and/or its cleaning staff, TRC will make reasonable efforts to contact the Tenant. Such personal property will be held at our office for pickup or returned to Tenant at cost plus a handling fee, not to exceed $50.00. If a Tenant’s personal property is not claimed by Tenant within thirty (30) days after the Check-out Date, such property shall become the property of TRC. Tenant is aware and understands that neither TRC nor Owner is responsible or liable for any of Tenant’s personal property present on the Property. All Tenant’s personal property shall be at the risk of the Tenant. TRC and Owner shall not be liable for any damage to said personal property of the Tenant arising from criminal acts, fire, storm, flood, rain or wind damage, acts of negligence or any person whosoever, or from the bursting or leaking of water pipes unless such damage is caused by the gross negligence or willful or reckless misconduct of TRC.
DEFAULT: In the event of Tenant’s nonpayment of any required rental payment as provided for in this Agreement or in the event of Tenant’s breach of any of the representations, warranties, terms, conditions, promises or covenants as set forth in the Agreement, TRC may take any or all of the following actions: (1) terminate this Agreement, (2) collect any damages, costs or fees due under this Agreement by charging the Tenant Credit Card, (3) retain any applicable Security Deposit, (4) retain all previous payments to TRC without refund, (5) terminate Tenant’s right of possession of the Property, and (5) exercise any other rights and remedies available at law or in equity.
INDEMNIFICATION: Tenant shall indemnify, hold harmless, and defend TRC and the Owner and each of their officers, directors, employees, agents, affiliates, successors, and permitted assigns (collectively, "Indemnified Party") against any and all losses, damages, diminutions in value, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including professional fees and attorney's' fees, that are incurred by Indemnified Party (collectively, "Losses"), arising out of any claim alleging: (a) breach or non-fulfillment of any representation, warranty, or covenant under this Agreement by Tenant or any of Tenant’s guests at the Property; (b) any negligent or more culpable act or omission of Tenant or Tenant’s guests at the Property (including any reckless or willful misconduct) in connection with the performance of its obligations under this Agreement; (c) any bodily injury, death of any person, or damage to real or tangible personal property caused by the negligent or more culpable acts or omissions of Tenant or Tenant’s guests at the Property (including any reckless or willful misconduct); or (d) any failure by Tenant or Tenant’s guests at the Property to comply with any applicable federal, state, or local laws, regulations, or codes in the performance of its obligations under this Agreement. Notwithstanding anything to the contrary in this Agreement, Tenant is not obligated to indemnify, hold harmless, or defend Indemnified Party against any claim (whether direct or indirect) if such claim or corresponding Losses arise out of or result from, in whole or in part, Indemnified Party's: (i) negligence or more culpable act or omission (including recklessness or willful misconduct); or (ii) bad faith failure to comply with any of its obligations set forth in this Agreement.
LIMITATION OF LIABILITY.
No Consequential or Indirect Damages. IN NO EVENT SHALL TRC OR OWNER BE LIABLE UNDER THIS AGREEMENT TO THE OTHER PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THIS AGREEMENT, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT IT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
Maximum Liability. EXCEPT FOR TRC’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR INTENTIONAL ACTS, IN NO EVENT SHALL TRC’S OR OWNER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID TO TRC PURSUANT TO THIS AGREEMENT.
UNFORSEEN CONDITIONS: If any unforeseen conditions or problems with the Property arise prior to or during Tenant’s stay which makes the Property untenantable, TRC reserves the right to terminate this Agreement and refund the Tenant’s Payment Amount or place Tenant in a comparable Property in a similar location with substantially similar amenities, bedrooms, etc. TRC assumes no responsibility and shall have no liability for such unforeseen conditions.
SAFETY: Tenant acknowledges and agrees that Tenant and Tenant’s guests are solely responsible for their own safety in the occupancy of the Property including their use of any amenities locate on or about the Property, including any pool, hot tub, deck areas, exercise equipment, trampolines, boat docks and any other recreational amenities. Tenant acknowledges that no lifeguard will be provided for Tenant’s use of any pool facilities at the Property.
ADDITIONAL PROVISIONS: Any additional provisions applicable to this Agreement are set forth on the Receipt or in email communication.
MISCELLANEOUS:
Third Party Beneficiaries. Except as set forth in subsequent sentence, the parties do not confer any rights or remedies upon any person other than the parties to this Agreement and their respective successors and permitted assigns. The parties hereby designate Owner as an express third-party beneficiary of this Agreement having the right to enforce the terms of this Agreement against Tenant.
Statute of Limitations. Tenant must file any legal action or claim arising directly or indirectly from of this Agreement no later than six (6) months after the claim has accrued. The Tenant waives the right to file any legal action or claim arising directly or indirectly from this Agreement under any longer statute of limitations.
Attorney Fees. In the event that any party institutes any legal suit, action, or proceeding against the other party arising out of or relating to this Agreement, the prevailing party in the suit, action, or proceeding shall be entitled to receive, in addition to all other damages to which it may be entitled, the costs incurred by such party in conducting the suit, action, or proceeding, including reasonable attorneys' fees and expenses and court costs.
Further Assurances. Each of the parties hereto shall execute and deliver such additional documents, instruments, conveyances, and assurances and take such further actions as may be reasonably required to carry out the provisions hereof and give effect to the transactions contemplated hereby.
Notices. All notices, requests, consents, claims, demands, waivers, and other communications hereunder (each, a "Notice") shall be in writing and addressed to the parties at the addresses set forth on the Receipt (or to such other address that may be designated by the receiving party from time to time in accordance with this Section). All Notices shall be deemed to have been given (a) when delivered by hand (with written confirmation of receipt); (b) when received by the addressee if sent by a nationally recognized overnight courier (receipt requested); (c) on the date sent by facsimile or email if sent during normal business hours of the recipient, and on the next business day if sent after normal business hours of the recipient; or (d) on the third day after the date mailed, by certified or registered mail (in each case, return receipt requested, postage pre-paid).
Interpretation. For purposes of this Agreement, (a) the words "include," "includes," and "including" are deemed to be followed by the words "without limitation"; (b) the word "or" is not exclusive; and (c) the words "herein," "hereof," "hereby," "hereto," and "hereunder" refer to this Agreement as a whole. Unless the context otherwise requires, references herein: (x) to sections, schedules, and exhibits mean the sections of, and schedules and exhibits attached to, this Agreement; (y) to an agreement, instrument, or other document means such agreement, instrument, or other document as amended, supplemented, and modified from time to time to the extent permitted by the provisions thereof; and (z) to a statute means such statute as amended from time to time and includes any successor legislation thereto and any regulations promulgated thereunder. This Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted. The schedules and exhibits referred to herein shall be construed with, and as an integral part of, this Agreement to the same extent as if they were set forth verbatim herein.
Headings. The headings in this Agreement are for reference only and shall not affect the interpretation of this Agreement.
Severability. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
Entire Agreement. This Agreement, the Receipt and all attached exhibits and schedules constitutes the sole and entire agreement of the parties to this Agreement with respect to the subject matter contained herein and therein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. In the event of any inconsistency between the statements in the body of this Agreement and the related exhibits and schedules (other than an exception expressly set forth as such in the schedules), the statements in the body of this Agreement shall control.
Amendment. This Agreement may only be amended, modified, or supplemented by an agreement in writing signed by each party hereto.
Waiver. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No waiver by any party shall operate or be construed as a waiver in respect of any failure, breach, or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
Remedies. The rights and remedies under this Agreement are cumulative and are in addition to and not in substitution for any other rights and remedies available at law or in equity or otherwise.
Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective permitted successors and permitted assigns.
Governing Law. This Agreement and all related documents including all exhibits attached hereto, and all matters arising out of or relating to this Agreement, whether sounding in contract, tort, or statute are governed by, and construed in accordance with, the laws of the State of Texas, without giving effect to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of Texas. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Choice of Forum. Any party may commence any action, litigation, or proceeding of any kind whatsoever against any other party in any way arising from or relating to this Agreement and all contemplated transactions, including, but not limited to, contract, equity, tort, fraud, and statutory claims, in the US District Court for the Western District of Texas or, if such court does not have subject matter jurisdiction, the courts of the State of Texas sitting in Travis County, and any appellate court from any thereof. Each party submits to the nonexclusive jurisdiction of such courts and agrees that any such action, litigation, or proceeding may be brought in the US District Court for the Western District of Texas or, if such court does not have subject matter jurisdiction, the courts of the State of Texas sitting in Tarrant County. Each party agrees that a final judgment in any such action, litigation, or proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.
Force Majeure. TRC shall not be liable or responsible to Tenant, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other party hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the TRC’s reasonable control, including, without limitation: (a) acts of God; (b) flood, fire, earthquake, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest; (d) government order or law; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; and (h) shortage of adequate power or transportation facilities.
Time of the Essence. Time shall be of the essence in this Agreement.
Electronic Signatures. Each party agrees that the electronic signatures of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a party with the intent to sign such record pursuant to the Texas Uniform Electronic Transactions Act (Tex. Bus. & Com. Code Ann. § 322.001 et seq.) as amended from time to time.
IN WITNESS WHEREOF, the Tenant and TRC have executed this Agreement as of the Effective Date by their electronic signature.
EXHIBIT A
RENTAL RULES
TELEPHONE: Most properties do NOT provide a land line telephone. Should there be a phone provided, Tenant will be charged any long distance or international call fees incurred during the Term.. Emergency medical and police service can be called by dialing 911.
TRASH: The Tenant shall dispose of all waste material generated during the license period in a lawful manner. If excess trash is created by tenant which will not fit in the provided trash cans, Tenant will neatly bag trash, leave next to trash cans, and notify TRC by 12pm for same-day pickup. If notification is not given by 12pm, bagged trash must be kept inside overnight. Excess bagged trash may not be left outside of overnight. Tenant will be subject to a $120 trash valet fee if trash is not bagged and left next to cans.
QUIET HOURS: The Tenant shall behave in a civilized manner and shall be good neighbors respecting the rights of the surrounding property owners. The Tenant shall not create noise or disturbances likely to disturb or annoy the surrounding property owners. Creating excessive noise or disturbances shall be grounds for immediate termination of this Agreement and Tenant’s removal from the Property. Quiet hours are from 10:00 PM to 7:00 AM and outdoor areas are NOT available for use during those times. Failure to comply will result in a fine of up to $1,000.
AMENITIES: Towels, linens, toilet paper, hand soap, dish detergent, cups, knives, forks, spoons, dishes, and other items as commonly used by an occupant of the Property will be provided. TRC is not responsible for replenishing items after the rental term has begun. No reimbursement will be made for unused consumables left at the Property. If consumables exist at the Property when the Tenant arrives, WHICH ARE NOT MARKED AS PRIVATE, the Tenant is free to use them. Food in the refrigerator, IF IT IS NOT MARKED AS PRIVATE, is available for use by the Tenant, however, alcohol, wine, freezer items, pantry items, are not for the use of the Tenant unless specifically indicated in writing by the Owner or TRC. TRC makes no representations or warranties regarding any food left in the refrigerator. Towels are never permitted to be taken from the house. Stained towels, sheets or property of Owner removed from the Property, whether marked or unmarked, will be claimed on the Policy or charged to the Tenant Credit Card if no claim can be made or is otherwise denied.
OUTAGES: Outages and other interruptions of service with respect to water, electricity, cable and internet (if provided) and wastewater are beyond TRC’s control. Tenant shall report outages to TRC as such occurs. No refunds or compensation will be given to Tenant for any such outages or interruptions in service.
WEATHER: There shall be no refunds of any fees because of shortened stays or ruined expectations due to weather conditions.
EMERGENCIES: There shall be no refunds of any fees because of shortened stays or ruined expectations due to work, family or other emergencies or other commitments.
FIREARMS: The possession of firearms at the Property shall only be permitted if such possession is in compliance with all applicable laws.
HAZARDOUS MATERIALS: Tenant agrees that fireworks and other hazardous materials shall not be brought onto or used in or around the Property. Violation of this Section 9 will result in a $500.00 charge to the Tenant Credit Card and immediate eviction from the Property without refund.
PRIVATE AREAS: Tenant agrees not to access the “owner’s closet” or any other areas marked “private”, even if unlocked. Such areas contain Owner’s property as well as cleaning supplies and chemicals that could be hazardous to children and adults.
GAS: Tenant is advised that the Property may contain a gas stove and cook top, gas heating, gas grill, and other gas powered items and Tenant will seek help from management if the proper operation of such items is not fully understood. If propane tanks are provided for outdoor grills, Tenant are free to use.
FIRE EXTINGUISHER: The property has a fire extinguisher. Tenant agrees to use the fire extinguisher only for true emergencies.
FIRE ALARMS: The property has fire alarms and/or smoke detectors installed and which to TRC’s knowledge are properly functioning at Check-In Date. Tenant will notify management without delay if a fire alarm or smoke detector “chirps” or has a low battery condition.
CARBON MONOXIDE DETECTOR: Tenant is advised that there may be no carbon monoxide detector on the property and accepts the risk involved in not having one.
SECURITY: Tenant shall see to their own security while in the Property by ensuring that doors, windows, garage doors, etc. are locked at all times. Further, Tenant agrees to insure that all doors and windows are locked when no Tenants are at the Property.
CABLE: Cable TV, if provided, has been chosen by TRC. No refund of any Rental Fees shall be given for outages, content, lack of content, or personal preferences with regard to cable TV service. Any television services purchased by the Tenant using the Owner’s account will be charged to the guest after check out. Tenant agrees to notify TRC by phone or email if any television services are purchased.
INTERNET: High speed wireless internet may be provided as a convenience only and is not integral to the Agreement. No refund of Rental Fees shall be given for outages, content, lack of content, speed, access problems, lack of knowledge of use, or personal preferences with regard to internet service.
COMMERCIAL USE: No commercial use of the Property without written agreement, specific arrangements and proof of separate insurance.
SPILLS: Tenant and all Tenant’s guest shall properly and immediately clean up spills on the Property, furnishings or floors.
REPORTING DAMAGES: Tenant is responsible for reporting anything broken, damaged, disabled or not in working condition immediately to TRC. Do not wait until check-out to inform as this may result in the item or items being charged to the Tenant Credit Card or deducted from any applicable Security Deposit.
MAKE-UP REMOVAL: Tenant shall not use wash cloths or towels for makeup removal. You will be charged for their replacement if an insurance claim cannot be made.
WASTE: Guest shall not flush anything down the toilet other than organic waste.
LANDSCAPING: Tenant is responsible for all damage to landscaping or exterior premises that occur during the Term of the Agreement.
KEYS: Tenant agrees to KEEP KEY IN LOCK BOX AT ALL TIMES and is responsible for any keys provided to property and shall return all keys to the lockbox, TRC, or as otherwise instructed in writing upon departure. Loss of any keys will result in a fee of $250.00 charged to the Tenant Credit Card or deducted from any applicable Security Deposit.
FIREPLACE: Paper or other combustible items should never be placed in any fireplace. Only wood shall be placed in wood burning fireplace. Nothing shall be placed in gas fireplaces
CHECKOUT PROCEDURES: Failure to comply with Check-out times and procedures will result in a penalty equal to the rental fee for one night at the property. Unapproved late check outs will usually be subject to a $250.00 fee per additional hour after published check-out time. TRC maintains full discretion regarding unapproved checkout fees.
POOL (IF APPLICABLE): It is Tenant’s and any of Tenant’s guests responsibility to learn about safety precautions, warning signs of water conditions, and safety procedures concerning swimming in or being around the swimming pool, hot tub or lake. Tenant agrees to have a responsible adult supervising minors while they swim in the pool. Tenant is hereby notified that the pool can be dangerous and Tenant and Tenant’s guests accept fully the risks involved. Tenant is further notified to be cautious when using the outdoor areas of the Property as the pool may be open and in close proximity and can be a hazard. There may not be a barrier to prevent a fall into the pool. Pool may or may not be heated. Unless approved in writing and paid for in advance, Tenants may NOT heat the pool at any time. Failure to comply will result in a $500 fee (in addition to any utility costs incurred for such unauthorized heating) and will be charged against the Tenant Credit Card or deducted from any applicable Security Deposit. Tenant must adhere to specific pool rules and hours.
TRAMPOLINE (IF APPLICABLE): Tenant acknowledges, understands and accepts the risks involved with trampoline use. Tenant and guests shall be responsible for all damage to and personal injury from the use of and assumes all inherent risks of the activity on behalf of themselves and their guest in its entirety, including minors if applicable.
EXERCISE EQUIPMENT (IF APPLICABLE): Tenant acknowledges, understands and accepts the risks involved with the use of exercise equipment, regardless of the care taken to avoid injuries. The use of exercise equipment is voluntary. Tenant and guests shall be responsible for all damage to and personal injury from the use of and assumes all inherent risks of the activity on behalf of themselves and their guests in its entirety, including minors if applicable.
BOAT DOCK (IF APPLICABLE): If a boat dock is associated with the Property, unlocked, advertised, and unless otherwise notified in writing, the boat dock is available for use at your own risk. Tenant agrees to follow all rules provided when using boat dock. Tenant acknowledges, understands and accepts the risks involved with the use of any boat dock, regardless of the care taken to avoid injuries. The use of the boat dock is voluntary. Tenant and guests shall be responsible for all damage to and personal injury from the use of and assumes all inherent risks of any activity on the boat dock on behalf of themselves and their guests in its entirety, including minors if applicable.