rental agreement and waiver_15

Terms and Conditions of Rental and Liability Waiver
This contract constitutes an agreement between the Guest(s) and Edwards Realty Company (ERC), as agent to rent the
premises managed by ERC. The restrictions, conditions and limitations described below are included as part of this agreement.
1. The Guest(s) understands that the accommodations are privately owned, furnished by the owner and are as
advertised on a network of websites by ERC. ERC and the owners are not required or obligated to provide additional
furnishings or equipment.
2. Cancellation Policy: Reservations cancelled with less than 30 days notice are subject to a $100 fee. Any reservation
cancelled with less than 14 days notice forfeits your 50% deposit. Any reservation cancelled with less than 6 days
notice forfeits your entire reservation. No shows are subject to entire rental fees. Cancellation policy applies to ALL
reservations including last minute bookings. No Refunds for early departure. No cancellations or refunds due to
inclement weather, acts of God, or for mechanical failures out of our control. No refunds will be issued for disruptions
of any utilities including but not limited to: power outages, water outages, etc. These failures are beyond our control
and no refund or rent reduction will be given. SORRY, NO EXCEPTIONS.
3. ERC requires the Guest be 25 years or older to rent – reservations are not allowed on behalf of a third party unless
prior approval is given. A state recognized photo id and valid credit card belonging to the guest named on the
reservation are required to book a reservation. ERC reserves the right to refuse service if requirements are not met.
4. Many properties have special amenities on the property or access to special amenities including, but not limited to:
decks, spas, hot tubs, saunas, pond, swimming pools and Jacuzzis. Unless otherwise posted, Guest is allowed
reasonable use of these amenities during Guest’s rental period. The Guest recognizes that there are inherent risks in
the use of these amenities which may include personal injury and property damage. Guest agrees to use the
amenities in a safe manner and follow any instructions regarding the use of the amenity. Guest recognizes that there
are risks to children in the use of many of the amenities provided with the property. Guest recognizes that there are
risks to the use of any of the amenities provided if they are used in a manner for which they were not designed. The
Guest further recognizes that the use of these amenities may be UNSAFE if: used for an extended period of time;
used by individuals who are pregnant or who may be pregnant; used by individuals while under the influence of
drugs, alcohol or medication, or; used by individuals with certain health risks. The Guest acknowledges and assumes
all risks for the use of any amenity provided with the rental property and the Guest further agrees that the Guest is
wholly responsible and liable for any injury or damage to persons or property as a result of their use of the amenities
provided with the property. Guest further agrees to indemnify, save, protect, defend and hold harmless ERC and the
owners of the property for any damages, costs or attorney’s fees incurred as a result of any injury or damage form
the use of the amenities. The Guest agrees to assume sole responsibility in relation to these risks and Guest agrees
Guest is responsible and liable and will pay agent upon request for any damages to these amenities caused by
Guest’s misuse or negligence.
5. Guest agrees to indemnify, save, protect, defend and hold harmless ERC, its agents or assignees, and the owners of
the property for any and all claims, actions, suits, demands, damages and costs relate to defending the same,
including attorney’s fees incurred as a result of any injuries to person or damages to property, including any damages
that are the result of negligence of ERC, its agents or assignees, and the owners of the property; any damages that
are the result of ERC, its agents or assignees, and the owners of the property being sued for as a result of the acts or
omissions of Guest or arising out of the acts or omissions of Guest.
6. The Guest understands that each unit is self-catering, which is defined as having a start- up supply of soap, toilet
paper and trash bags and the Guest is responsible for their needs after that. Kitchens are equipped with basic
cooking items (dishes, silverware, pots, pans, coffee makers, microwaves). ERC offers no extra towels or maid
service during your reservation period.
7. ERC and its staff or agents reserve the right to enter the rented properties at any time with proper notice provided,
with or without Guest’s consent to inspect property or perform routine maintenance as needed.
8. All of our properties have Occupancy Limits as stated and on your reservation. These limits include adults and
children and if you have more than the allowed occupancy limits staying in the rental property you may be asked to
LEAVE without a refund.
9. Our properties may have a private are or closet with supplies. If you attempt to break into the areas or any other are
marked as Private you will be charged for breaking and entering private property.
10. Pets: Guest understands that pets are only allowed with express authorization of ERC. If pets are found occupying
the property without authorization, Guest will be asked to leave without a refund. Pet waste removal and pet
damages will be charged accordingly to the card on file upon Guest departure.
11. Each property is inspected by our agents prior to your check in and upon your check out and an inventory is taken.
Any missing items, broken items, smoking, unauthorized pets, excessive cleaning, soiled/stained/missing linens, or
trash removal will be billed to the credit card on file. In addition, ERC will charge your credit card for the following
items: $50.00 minimum charge for lock outs and $25.00 for lost key replacement. If the property is left in an
unacceptable condition your departure photographs will be taken and a minimum of $100.00 will be charged as an
excessive cleaning charge. A $250.00 minimum fee is charged if any evidence of smoking inside the property is
noted. Any damaged or missing property and landscaping will be charged at the actual cost of replacement or repair.
12. The Guest must observe any no trespassing signs for any adjacent properties and must not obstruct access to
adjacent properties. Abusive or illegal behavior is not tolerated and you will be asked to leave without a refund if you
choose to ignore local rules and regulations.
13. Wireless/Wired Internet Access: The wifi service, where available, is provided on an “as is” and “as available” basis,
without warranties of any kind. ERC does not warrant that the services will be uninterrupted, error free or free of
viruses or other harmful components. ERC makes no express warranties and customer waive all implied warranties
including, but not limited to, warranties of title, non-infringement, merchantability, and fitness for a particular purpose
regarding any merchandise, information or service provided throughout the provided connection or the internet
generally. Guest expressly acknowledges that there are and assumes all responsibility related to the security, privacy
and confidentiality risks inherent in wireless communications and technology and ERC does not make any
assurances or warranties relating to such risks. No advice or information given by ERC or its agents shall create a
warranty.
WAIVER, RELEASE, AND INDEMNITY AGREEMENT
I have signed and printed my name below to show that I have read and agree with every statement I make in this
document. I understand and agree that I am receiving good, valuable and sufficient consideration for the promises I make
in this agreement. I understand that I wish to rent the property described below (the “Property”) during the rental term
stated in my separate rental reservation form.
I AGREE TO WAIVE AND RELEASE, UNCONDITIONALLY AND GENERALLY, AND TO INDEMNIFY, SAVE, AND
HOLD COMPLETELY HARMLESS EDWARDS REALTY COMPANY, AND EACH AND ALL OF ITS OWNERS,
DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, AND AFFILIATED PERSONS AND ENTITIES (COLLECTIVELY
“INDEMNITEES”) FROM AND AGAINST ANY AND ALL LIABILITY, DAMAGES, LOSS, CLAIMS, DEMANDS, OR
ACTIONS OF ANY NATURE WHATSOEVER, RELATED IN ANY WAY TO ANY CLAIM OR PERSONAL INJURY,
PROPERTY LOSS, OR DAMAGE OF ANY KIND WHATSOEVER, IN WHATEVER AMOUNT , WHICH MAY BE
ASSERTED BY MYSELF OR BY ANY PERSON WHO USES OR CUUPIES THE SUBJECT PROPERTY DURING MY
RENTAL TERM, OTHER THAN INDEMNITEES, WHICH MAY ARISE, OR WHICH MAY BE CLAIMED TO ARISE, OUT
OF OR IN ANY WAY CONNECTED WITH MY OR HIS OR HER PRESENE ON OR USE OF THE PROPERTY, OR
RELATED TO ANY CONDITION OR OCCURRENCE RELATING TO ANY FIXTURES, FURNISHINGS OR PERSONAL
PROPERTY LOCATED ON OR ASSOCIATED WITH THE PROPERTY. I SPECIFICALLY AGREE THAT THIS WAIVE,
RELEASE, AND INDEMNITY WILL REMAIN EFFECTIVE EVEN IF ANY SUCH INJURY, LOSS, OR DAMAGE SHALL BE
CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OR FAULT OF INDEMNITIEES, OR ANY OF THEM, OR BY
ANY OWNER, RENTER, OR OTHER USER OF THE PROPERTY, AT ANY TIME.
I recognize and agree that my use of the Property will involve certain inherent dangers, such as climbing or descending
steps or staircases, use of equipment, appliances and electronic connections and devices, proximity to glass and other
breakable objects, conditions of property apparent or not apparent, activities of guests and other persons who may enter
the property, of any and all kinds, anticipated or unanticipated. In consideration for the right to use the Property and enjoy
its improvements and furnishings and associated personal property, I recognize and agree that I am assuming all risks of
illness, injury, loss, or damage including catastrophic loss or death. I agree that the INDEMNITEES described above shall
have absolutely no responsibility for my use of the Property and its premises, or for any conditions of the Property, real or
personal. I hereby unconditionally accept full and sole responsibility for my presence on and use of the Property.
SIGNATURE AND VERIFICATION OF IDENTIFICATION
I understand that SMOKING IS NOT ALLOWED inside the property.
I understand that the credit card on file will be used for any incidental charges.
I UNDERSTAND BY SIGNING BELOW I AM STATING I HAVE READ, FULLY UNDERSTAND, AND AGREE WITH THE
PROVIDED TERMS AND CONDITIONS OF RENTAL AND LIABILITY WAIVER.
__________________________________________ ______________________________________ __________
SIGNATURE
PRINTED NAME
DATE
___________________________________________________
DRIVERS LICENSE NUMBER
______________________________________________________
PROPERTY NAME