Rental Agreement

This Short-Term Rental Agreement (hereinafter: the “Agreement”) is entered into and made effective as of the signing date by and between the Property Owner/Operator (“Owner”) and the Guest (together - the “Parties”) for the associate vacation rental property (“Property”) managed by Private Vacations (“Private Vacations”) Terms not specified in this Agreement shall be in accordance with the House rules or the Reservation policies which are provided separately by the Owner. The parties agree as follows: Accommodation Terms:

The Guest agrees to abide by all rules and regulations set forth by local laws, the house rules of Owner, the rules of Private Vacations, which are set forth in this Agreement, along with the rules of the homeowner’s association for the Property. Failure to abide by any of the house rules (A) May result in additional cleaning fees and (B) entitles owner and/or Private Vacations to evict Guest and its invitees from the property. Please treat the Property like your own home as we would prefer not to have to charge anyone for damages.

The Guest shall behave in a respectful manner and shall be good neighbors respecting the rights of the surrounding property owners. Quiet hours of 10pm to 8am strictly enforced. Please be mindful of others staying above or below you. Creating a disturbance of the above nature shall be grounds for immediate termination of this agreement.

The Guest commits not to use the property for any illegal or commercial purpose, including but not limited to sub-lease the property or otherwise allowing anyone or more people to stay above the maximum permitted or if not previously agreed with the Owner. Any illegal activities including the use of substances that are legal in other States , but illegal in Utah will result in immediate eviction from the property and prosecution to the fullest extent of the law.

The Guest is responsible for any breakage or damage costs (or related costs) in or to the property - along with any extra costs that may result - which are caused by the Guest or any members of the Guest’s party. The Property shall be in the same condition upon departure as check-in, normal wear and tear excepted. During a stay, if something breaks down, Guest agrees to contact Private Vacations as soon as possible. Any unforeseen malfunction in the Property during your stay does not entitle a Guest to terminate a reservation. Private Vacations will do its best to remedy the situation so the Guests stay remains enjoyable. Guests must immediately notify Owner or agent of fire or any other damage to the Property. Guest shall be liable for all acts of the family, invitees, employees, or other persons invited onto the Property by Guest (collectively, the “Invitees”), including, without limitation, for the cost of any and all repairs or replacements at the Property due to damage caused by Guest’s or Invitees’ use of the Property.

With regard to any rental located in Utah. In order to avoid such damage costs, while staying at the Property or visiting others in other Suites, the Guest and all Invitees agree to follow the listed house rules: Please remove all sand and dirt from clothing and other items before entering the Property. Do not sit on furniture, upholstery or beds before all sand and dirt is removed. Please do not sit on furniture, upholstery or beds with wet clothing of any kind, but especially swimwear. Stains from pool chemicals, for example, tend to appear after the area has dried. Please do not run the air conditioner while the windows are open and do not push the air conditioner below 72 degrees during hot summer months or it can seize. Removing shoes before entering the Property, especially before entering carpeted areas is appreciated. Guests agree to abide by the pool area rules and hours of operation.

Guests may not sublet or assign this Agreement. Guests shall be responsible to return all keys and gate or garage door openers for the Property upon departure. In the event Guest does not return all keys and gate or garage door openers for the Property upon departure, Guest shall be responsible to pay the cost to replace such items.

Guests understand that Private Vacations insurance does not cover Guests belongings or damage that a Guest may cause. Accordingly, Guests agree that Private Vacations is not responsible for any loss or damage to Guests personal property for any reason whatsoever. Guests agree to carry insurance covering all of their personal property located at the Property during their stay or bear full responsibility for its damage including damage from fire, water, theft, or any other cause whatsoever. Owners, or Private Vacations, and their respective officers, employees or other agents are not liable for any items that Guests leave behind. Guests agree to look carefully around before check out. Should a Guest request items be mailed, Private Vacations can do so and will bill the credit card on file a charge of $80.

Guest agrees to notify Private Vacations in advance if they will be absent from the Property for 5 days or more during your stay. If Guests do not give Private Vacations this notice, they will have to pay for any damage that may result from their absence.

Guests may only cook in areas specifically designated for cooking. Please confine all eating or drinking to the kitchen, dining room table or balcony only.

The Owner can refuse to allow the Guest into the property or ask the Guest to leave if they reasonably believe the Guest or any member of the Guest’s party (or any other person invited by the Guest to the property) are behaving illegally or that any damage is likely to be caused, has been caused or is being caused as a result of the Guest behavior or any members the Guest has invited to the property and without providing a refund of any payment the Guest has paid for the booking and the Owner will not be legally responsible to find any alternative accommodation.

Parking is limited to designated parking areas only.

The Guest must not hold events (such as parties, celebrations or meetings) at the property without the advance written consent of the Owner. Additional charges may apply as a condition to such consent. Any of these cases will allow the Owner to terminate the Agreement without providing a refund of any payment the Guest has paid for the booking and the Owner will not be legally responsible to find any alternative accommodation.

No catering or outside music at the Property is permitted without Owner’s prior consent and additional charges may apply as a condition to such consent. Guests shall not permit any use of the pool or jacuzzi at the Property by unsupervised children or other persons not invited by Guest, and shall keep gates closed to the pool or jacuzzi. Guests and Invitees shall use the pool and jacuzzi at their own risk. Guests understand that there are certain inherent risks to a person at a property located adjacent to a golf course, including the possibility of being struck by a golf ball. Guest acknowledges that Owner would not rent the Property unless the Guest accepted this risk.

The Guest must allow any Private Vacations respective agents or the Owner or their representative (including workmen and maid services), with reasonable notice, access to the property at any reasonable time during your stay (except in an emergency or if a problem needs sorting out quickly and you cannot be contacted in time. In these situations, the owner can enter the property at any time without giving you prior notice).

The Guest is obliged not to make any changes in the rented property without prior receipt of agreement from the Owner in writing.

By agreeing to these Terms & Conditions, as acknowledged by signature below, the Guest waives, discharges and agrees to hold harmless Owner from all damages or injuries arising from or related to the Guest stay at Property, including without limitation, any accidents or injury to the Guest, Guest’s visitors and associates, and loss of money, jewelry or valuables of any kind. The Guest is responsible for keeping his valuables safe at all times.

Check-In & Check-Out Policies: Check-in is any time after 4:00 pm and check-out is at 10:00 am. Requests for early check-in/-out must be made 7 business days prior to arrival. Early Check-In: Any check-in time that is prior to 4:00 pm. This includes an hour prior to 4:00 pm. The early check in is based upon availability and would need to be approved and charged at least 7 days prior to your arrival date. Any early check-in will be subject to the following fees: Town Center (UT) and The 8th (UT): $250 No early check-in will be allowed at any Brighton (UT) properties. All other properties: $50

Late Check-Out: Normal checkout is 10:00 am. This includes an hour after 10:00 am. Late checkout is based upon availability and would need to be approved and charged at least 7 days prior to your arrival date. Any late check-out will be subject to the following fees: Town Center (UT) and The 8th (UT): $250 No late check-out will be allowed at any Brighton (UT) properties. All other properties: $50

Rate & Fee Policies: Rate Details: Rates are quoted on a per night, per week or per month basis as noted. Rates quoted can only be secured by confirming a reservation. Rates are subject to change and vary between dates. Charges vary and are subject to change without notice. All properties represented by Private Vacations come fully equipped with television(s), linens, dishes and utensils and an initial supply of soap and paper goods. Other amenities vary per property.

Cleaning Fee: Guest acknowledges and agrees that a cleaning fee shall be charged in addition to the rental rate. Each rental unit is expertly cleaned prior to each guest’s arrival. Upon departure, if more than the normal cleaning charge (as noted under “Damage Charges”) is required to restore the Property to its “arrival condition,” you will be charged additional cleaning fees above and beyond the cleaning fee. Guest acknowledges that Private Vacations does not offer daily cleaning or maid service.

Additional Charges (NOT included in rate): Rates do NOT include daily maid service (unless noted), gratuities, out-of-country (except Canada) long-distance phone charges, car rental, food, liquor, laundry, personal items, excessive cleaning upon departure (i.e., upholstery or rug shampooing, carpet cleaning, etc.), or repairs or replacements required at the Property upon departure.

Reservations & Payments: Deposit (or Full Payment): With regard to any rental located in Utah except any rental located Brighton (UT): A deposit is due at time of booking for all reservations made more than 14 days prior to check-in. If at the time of reservation there is less than 30 days before your check-in date, the full rental amount (via credit card) is due in full at the time of booking. Please note that payments will appear as a charge from Private Vacations.

With regard to any rental located in: Brighton (UT) A deposit is due and must be collected at time of booking for all reservations. If at the time of reservation there is less than 30 days before your check-in date, the full rental amount (via credit card) is due in full at the time of booking. Please note that payments will appear as a charge from Private Vacations.

Rental Balance Payment: All guests shall abide by the payment terms and conditions as posted in reserved listings. Rental deposits may be required as posted in the listing at the time of booking. For example, if the posted deposit amount for a listing is $100, $100 paid in full will be required at time of booking at minimum. Full payment is due, as posted in the listing prior to guests’ arrival. Date of full payment will be as posted in the listing reserved. For example, if the posted full payment amount is due 30 days prior to arrival, the full reservation payment will be due and charged approximately 30 days prior to arrival. Private Vacations reserves the right to CANCEL any reservation in which a deposit or full payment has not been completed according to the listed payment schedule. Private Vacations is not obligated to provide any financial compensation or alternative accommodations for the failure to abide the payment schedule policy. Holdover: If any Guests stay in the Property, without written permission, after the term of a Guests stay pursuant to this Agreement has ended, Guests will be a holdover tenant and Owner, or Private Vacations shall have the right to immediately evict Guests and all Invitees. Moreover, Guests shall be liable for three times the daily rental rate charged under this Agreement on a prorated daily basis for each day Guests are a holdover tenant.

Cancellation Policy: 30 DAY POLICY: With regard to any rental located in Utah (UT): Any cancellation made greater than 30 days prior to your arrival will result in a refund of all monies paid unless otherwise noted in the reservations terms and conditions. Any cancellation, change of dates, or early departure made less than 30 days prior to your arrival is non-refundable unless otherwise noted in the reservation’s terms and conditions. An option to apply the monies toward a future stay will be available. Group Reservations (more than 5 bookings) may be canceled for a full refund up until 30 days prior to arrival unless otherwise noted in the reservation’s terms and conditions. Anything canceled within 14 days prior to the reservation start date is non-refundable.

Additional Policies: NO SMOKING WITHIN 50 FEET OF ANY BUILDING: Guests agree to abstain, and to cause my Invitees to abstain, from smoking within the Property, on any balcony of the Property, or anywhere that is within 50 feet of any building, including the Property. Smoking in and or within 50 feet of the Property will result in an additional $1000 cleaning fee. No Pets Anywhere on the Property: Unless the unit is designated as “Pet Friendly” - Pets are not allowed anywhere on the Property, with the exception of animals trained to assist those with ADA specified disabilities; Guests hereby acknowledges and agrees that unauthorized occupancy of pets will result in immediate eviction from the Property and the loss of all rents and deposits made by Guest. If discovery of unauthorized pets is made after your departure, Guest hereby agrees that Private Vacations may charge a penalty of $375/day plus any additional cleaning charges incurred by Private Vacations. Guest hereby agrees to pay any and all additional cleaning charges incurred by Private Vacations in connection with cleaning the Property due to failure to abide by the above terms and conditions for pets on the Property. Emotional Support and/or Therapy Animals are not allowed. Service Animals are exempt. Owners are responsible to properly dispose of any fecal matter. Catastrophic Events & Emergency Evacuations: If a catastrophe (tornado, earthquake, flood, etc.) or any situation simply beyond our control impairs the vacation rental, Owner, or Private Vacations, or their respective officers, employees or other agents shall not be responsible for finding alternate lodging for Guest or for the Guest's financial losses related to transportation or alternate lodging. There will be NO REFUNDS OF ANY KIND (EITHER FULL OR PARTIAL) OR CREDITS FOR EMERGENCY EVACUATIONS. Therefore, we suggest you consider Travel Protection Insurance to secure your vacation investment and eliminate your financial risk. No Other Agreements: The terms set forth in this Agreement are intended by the parties hereto as a final expression of their agreement with respect to such terms and may not be contradicted or supplemented by evidence of any prior agreement or of any contemporaneous oral agreement. This Agreement is intended to be a complete and exclusive statement of the terms of the agreement between the parties hereto and the terms of this Agreement may not be explained or supplemented by evidence of consistent additional terms. Jury Waiver: THE PARTIES HERETO VOLUNTARILY, KNOWINGLY, IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE (WHETHER BASED UPON CONTRACT, TORT OR OTHERWISE) BETWEEN ANY PARTIES HERETO ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT. Costs & Attorneys’ Fees: Guest hereby agrees to pay and discharge all reasonable costs, attorneys' fees and expenses that shall be made and incurred by Private Vacations in enforcing the provisions of this Agreement.

Limitation of Liability: The Guest acknowledges and accepts that the Owner, Private Vacations, and their officers, employees, or representatives shall not be held liable under any circumstances for any loss, expenses, damages, or claims arising from injuries experienced by the Guest or Invitees. Consequently, the Guest hereby renounces any entitlement to claims regarding loss, expenses, damages, or injuries suffered by the Guest or any individuals invited by the Guest, whether direct, indirect, consequential or otherwise, whatsoever or howsoever caused or incurred whether arising in contract or otherwise in law or equity as a result of rendering of the services or accommodations as described in this Agreement, including, without restricting the generality of the foregoing, any loss, expense, damage or claim arising as a result of any delay(s), substitution(s), rescheduling(s) or change(s) in the provision of services or land accommodations by Private Vacations or by reason of military actions, revolution or acts of God, government agencies, or unforeseen circumstances or events, by any agents, owners, employees, subcontractors, servants or services as substituted. In the event the Property needs to be moved, replaced, or substituted for any reason, Private Vacations will attempt to move you to a comparable property. In such an event, Private Vacations will act in good faith and use commercially reasonable efforts to substitute the Property with accommodations or services of a type as comparable as possible to the Property. Moreover, Guest hereby agrees that all monies paid by Guest in connection with renting the Property pursuant to this Agreement are final and nonrefundable. Accordingly, Guest hereby acknowledges and agrees that Private Vacations will not be obligated under any circumstances whatsoever to refund any monies paid by Guest in connection with any portion of booked accommodations or services that is not used by Guest during its stay at the Property, including, without limitation, any partial or full refund for rooms or amenities at the Property that are unused by Guest or its Invitees during their stay or any partial or full refund as a result of Guest or its Invitees not staying at the Property during any portion of the rental period stated in this Agreement. Furthermore, Guest acknowledges that some activities in which guests engage are especially dangerous and include boating, golfing, swimming, hiking, biking and mountain climbing. This list is not all-inclusive, but indicates some of the hazards of vacationing in the St. George area. Guests may also encounter the following risks at the Property: slippery floors and stairs, especially when wet, lanais with spaces between rails (dangerous for little children), unfenced pools, faulty electrical or plumbing systems, gas BBQ grills, clean/clear sliding glass doors, and dangerous stairs or pathways. Again, this list is not all-inclusive, but indicates some of the risks that may be encountered at the Property. Therefore, Guest agrees that he/she is voluntarily participating in any and all activities, risks, and use of the accommodations at the Property, and hereby assumes all risk of injury, illness, damage or loss to person and property that might result, including, without limitation, any damage, loss or theft of personal property. By booking the Property, you acknowledge that in all events and circumstances, Owner, or Private Vacations, and their respective officers, employees or other agents, shall not be liable for, and accordingly Guest shall hold the same harmless for, any loss, expense, damages, claims for injury suffered by Guest of any of its Invitees, as more particularly set forth above. Moreover, Private Vacations shall have the right to cancel this Agreement at any time and, thus, evict Guest and its Invitees, if it is found that Guest or its Invitees (a) are conducting unlawful activities, (b) not abiding by the House Rules, (c) are disturbing others by playing loud music, percussion, audio or instruments, or causing any loud or offensive noises, (d) have made any misrepresentations about the nature or size of the group using the Property, the use of the Property, the presence of pets at the Property, or any other misrepresentations, or (e) are in any other way in breach of this Agreement.

General

Any change and/or in addition to this Agreement, House rules, and Reservation Policy will be valid only if it is carried out in writing and all sides have signed.

This Agreement (including any House rules or Reservation policy) expresses and reflects all that was agreed between the parties and cancels any agreements and/or other understandings between them.