Rules and Restrictions

This is what you can expect in the Rental Agreement should you decide to stay at the cottage “Flight Deck”:

 

SECURITY DEPOSIT. The Guest shall be obligated to pay the security deposit upon execution of this Agreement.  The guest shall pay $_1,500.00_ as a security deposit. The Security Deposit shall be held to ensure the Guest’s compliance with the terms and conditions of this Agreement. This Security Deposit shall not be applied towards rent. The Security Deposit shall be returned to the Guest within (10) Days after the end of the Rental Term less any itemized deductions for damages, unpaid fees, excessive cleaning requirements, loss of property and any other violations of this Agreement.  Guest agrees not to “dispute”, “contest” or take any action, legal or otherwise against Host towards security/damage or reservation deposit being held and used for the sole purpose of forfeiture of the contract or damage to the property.

Damage:  Guest agrees to reimburse Host for any damage to the dwelling and property over and above the $1,500.00 security/damage deposit secured by Host.  Guest also agrees that if any damage to property, furnishings, equipment and household items, therein, as well as the dock, boat hoist and any other items on and around the property, which occur during the Guest’s period of occupancy, whenever such damage thereto will have resulted from Guest’s misuse, waste or neglect or that of Guest’s invitee.  Host will hold and/or apply the security/damage deposit to make necessary repairs, provide extra cleaning or replace damaged or missing items. 

 

RULES AND POLICIES:

  1. Signed Guests below agrees that they are a minimum of 25 years of age. Valid identification may be requested by Host at any time.
  2. Smoking and Pets are not permitted at any time inside or outside the property by Guest and/or their invitees. Immediate eviction and forfeiture of all money paid will be strictly enforced!
  3. During the rental period the Guest is required to maintain the cleanliness of the home. Host trusts that you will respect his home as your own.
  4. Maximum number of Guest allowed on premises is 10.
  5. Fireworks of any kind are not allowed whatsoever on or near rental property.
  6. Absolutely no tents, campers or RV’s allowed at any time.
  7. No excessive loud noises (those that can be heard from adjacent properties) are allowed At All Times. Additionally, please observe Quiet Hours between 9PM and 8AM each day.
  8. Dock usage: No boats may be secured at any time to the dock (even for short terms) and is strictly prohibited.  Guest is liable for any damage to dock, boat hoist or Host’s boat on the hoist.  Do not disturb or use Host’s boat and/or boat hoist.  There is a mooring buoy for Guest use at their own risks.   Mooring buoy is only adequate for lightweight, calm water, daytime use.  Host will not be held responsible or liable for any property damage and/or personal injury resulting from the use of a Guest’s watercraft.  Furthermore, any damage caused from Guest’s watercraft due to improper use (including Guest’s boat breaking free from mooring buoy and/or use during inclement weather, which mooring buoy is not sufficient to hold such watercraft) will be repaired or replaced at the Guest’s expense.  Even slight damage to the dock or boat hoist can easily exceed the security deposit amount, which would require Guest to pay for the addition amounts.

 

SUBLETTING. The Guest shall not sublet the Property without written consent from the Host.

 

MOVE-IN INSPECTION. Upon Check-in, the Guest shall inspect the property and inform the Host of any obvious damages.

 

HOST ENTRY. The Host has the right at all reasonable times during the terms of this Agreement to enter the property if necessary for the purpose of inspection, repair or any other reasonable action. Unless an emergency, notice will be provided in accordance with applicable State law.

 

MAINTENANCE AND REPAIRS. The Guest shall maintain the Property in a good, clean, and ready-to-rent condition (other than normal cleaning) and use the Property in a careful and lawful manner and in accordance with the entirety of this Agreement. The Guest shall leave the Property in a good condition in compliance with the Welcome Notes “Departure Day” procedures, which have been provided. Should the property not meet these conditions, the Guest shall be responsible for paying for any maintenance and repairs caused by misuse. The Guest agrees that the Host shall deduct costs of said services from any Security Deposit prior to a refund if Guest causes any damage to the.

 

QUIET ENJOYMENT. The Guest, along with neighbors, shall enjoy each other’s company in a quiet and respectful manner. The Guest is expected to behave in a respectable manner and shall be a good neighbor to any residents within the immediate area. Creating a disturbance of the area by violation of Quiet Hours, unauthorized gatherings, or any inappropriate conduct shall be grounds for immediate termination of this Agreement.

 

LIABILITY.

 

  1. Host Liability. The Guest and any of their occupants hereby indemnify and hold harmless the Host against any and all claims of personal injury or property damage or loss arising from the use of the Property, unless the loss is a direct result of the Host’s actions. The Guest expressly recognizes that any insurance held by the Host does not cover the personal property of Guest and that Guest should purchase their own insurance for their guests if such coverage is desired.

 

  1. Guest Liability. The Guest is liable for their own acts and the acts of anyone listed in this Agreement in addition to any occupant or guest that they allow on the Property.

 

ATTORNEY’S FEES. The Guest agrees to pay all reasonable costs, attorney's fees, and expenses that result from the Host enforcing this agreement.

 

USE OF PROPERTY. The Guest shall use the Property for residential purposes only. The Guest is explicitly prohibited from engaging in any commercial activity on the property.

 

ILLEGAL ACTIVITY. The Guest shall use the Property for legal purposes only. Any illegal use, including but not limited to, illicit drug use, verbal or physical abuse of any person or illegal sexual behavior shall be cause for immediate termination of this Agreement with no refund.

 

POSSESSIONS. Any personal items or possessions that are left on the Property are not the responsibility of the Host. The Host shall make every reasonable effort to return the item to the Guest at the Guest’s expense. If claims are not made within the State’s required time period or two (2) weeks, whichever is shorter, the Host shall be able to keep or discard said items.

 

HAZARDOUS MATERIALS. At the Property, the Guest shall not possess any items that may be considered a fire hazard, other than items for cooking or the operation of an appliance. These items include, but are not limited to, gasoline, compressed gas, propane, kerosene, motor oil, fireworks, ammunition, or any other similar item whether in the form of a liquid, solid, or gas.

 

CANCELLATION.  If Guest cancels their reservation within _90__ days of the start of the Rental Term, any initial payments made by the Guest are forfeited.

 

REFUNDS.  The Host shall not provide a refund due to a shortened stay and/or poor experience that resulted from unfavorable weather conditions, an Act of God, or anything outside the control of the Host.

 

ACKNOWLEDGEMENTS.

  1. The Guest acknowledges and understands that they are a guest of the Host, not a tenant, and therefore is not acquiring any interest in the property. Use of the property is subject to the owner’s right of possession thereof. 
  2. The Host will not assume any responsibility or liability due to unforeseen circumstances above and beyond his control. The Guest agrees to indemnify and hold Host harmless from all actions, suits, damages, judgments, costs, charges, expenses, attorney fees, and consequences of any liabilities, of any nature, resulting from or in connection with the Guest’s use of the premises or the use of the premises by any member of the Guest’s party.  Furthermore, Host may terminate this agreement at any time if any law or ordinance, or any interpretation thereof, prohibits or is deemed to prohibit the Guest’s rental and use of the premises.
  3. In the event that any claim should be made against Host as a result of the use of the property by, through or under the undersigned, the undersigned agrees to reimburse upon demand Host for all costs associated with such claim, including , but not limited to, all cost of defense.
  4. RELEASE OF LIABILITY AND INDEMNIFIACTON:

THIS IS A RELEASE OF LIABILITY FOR PROPERTY DAMAGES, DEATH AND PERSONAL INJURIES SUSTAINED FROM THE USE OF THE PROPERTY AND ANY RECREATIONAL FACILITY, AMENITY AND THE EQUIPMENT RELATED THERETO (“FACILITY”).  PLEASE READ THIS DOCUMENT CAREFULLY; IT AFFECTS YOUR LEGAL RIGHTS.

The undersigned, in consideration of the use of the Facility, hereby releases, forever discharges and indemnifies the Host, his employees, family members, agents, and assigns from any and all liability for any loss, cause of action, damage, personal injury or property damage sustained by the undersigned, his family, guests, representatives and successors entering upon, using, or in the proximity of, the Facility or any part thereof, and Host is relying upon this Release in allowing such access.  The undersigned represents that they are under no legal impediment preventing the execution and full effect of this Release and has the full authority to execute this Release on behalf of all others identified for which the undersigned is made responsible hereby.

 

NOTICES.  All notices shall be sent by the Host or Guest using the contact information provided at the end of this Agreement.

 

POSSESSION & SURRENDER. Guests shall be entitled to the possession of the Property at the Check-in date and time set forth in the “Vacation Rental Term” Section of this Agreement. Upon the designated Check-out date and time set forth in the same section of this Agreement, Guest shall peaceably surrender the Property to the Host in the condition it was provided, excluding reasonable wear and tear.

 

JOINT AND SEVERAL.  All Guests shall be jointly and severally liable under this Agreement.

 

GOVERNING LAW. This Agreement shall be governed and subject to the laws of the State of Michigan.

 

WAIVER. A delay or failure by the Host to enforce any section of this Agreement shall not be deemed as a waiver of any violation. In addition, acceptance of any partial payment of rent, or any other amount due, shall not be deemed a waiver of the Host’s right to then entire amount set forth in this Agreement.

 

SEVERABILITY. If any provision of this Agreement, or the application thereof, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law.