RENTAL CONTRACT 1.ARRIVAL TIME IS 4:00 PM. DEPARTURE TIME IS 10:00 AM: Please do not enter the home early without permission. Since we need ample time to prepare the home for the next arrival, late check outs are not permitted and will be charged at a rate of $60 for each hour or portion thereof past 10:30 am. Additional penalties may include, without limitation, additional daily or nightly rental fees and/or loss or revenue incurred by the owner due to the rental property not being available for the next group of tenants. If you plan to leave prior to your scheduled departure date, please inform us. 2. ARRIVAL CONDITION: The home is inspected for cleanliness prior to your arrival. It's important that guests report anything that is not in acceptable condition within two hours of your arrival. Anything not reported within that time frame will be deemed your responsibility. Cleaning issues reported mid, end, or post departure will not be granted refunds as there is no way to verify the accuracy of the complaint or rectify it. 3. This is a NON-SMOKING property. Smoking is strictly forbidden anywhere on the property. Photographs, neighbors witnessing, debris, camera footage, or other evidence of smoking in or on the rental property will result in immediate eviction and a forfeiture of security deposit. 4. FIREPLACES/AC: Lilley Mountain is heated by a gas furnace and cooled by central air. 5. BBQ & Fire Safety-Madera County has implemented new safety rules that must be followed. Issued code enforcement citations are at renters expense. BBQs have been placed in safe and county approved locations. Please do not move them or leave them unattended at any time. The use of charcoal BBQs are not allowed. Wood-burning fire pits, campfires, or open flames are strictly prohibited on the property. Turn off propane tanks after use. 6. PETS ARE ABSOLUTELY PROHIBITED in the rental property. Any evidence of pets in or around the rental property may result in immediate eviction, forfeiture of all amounts paid and forfeiture of security deposit. 7. PAPER PRODUCTS & SUNDRY SUPPLIES: Rates include a one-time linen and towel setup. The home will be furnished with an initial supply of paper towels, toilet paper, trash bags and dishwasher detergent. All additional paper products and sundry supplies are the responsibility of the renter. Other incidental sundries may be at the cabin, but are not promised or guaranteed. 8. USE RESTRICTIONS: This property is not to be used for excessive partying in or around the rental. Rental of this property is limited to use by groups of not more than 8 individuals. Primary tenant must be at least 25 years old. Owner may require proof of the primary tenant's age as demonstrated by a valid driver’s license, passport or other government issued photo identification. The person(s) signing the rental contract must be present during the entire rental period. Any reservation obtained under false pretense will be subject to forfeiture of all advanced payments, fees and taxes, and the guests will not be permitted to check in. 9. MAXIMUM OCCUPANCY: This home sleeps 8 people. Extra guests will be charged at $100 per person per night and only with explicit approval. If maximum occupancy is exceeded without explicit permission, you may be asked to vacate the property and forfeit all payments. Renter may not use recreational or other vehicles to increase the sleeping capacity. 10. EXCESSIVE NOISE: The rental property is located in a residential neighborhood. Quiet time is from 10:00 pm until 8:00 am. Tenants agree to fully comply with local noise regulations and to use common sense in keeping noise volume low after dark. Any actions by local law enforcement and/or homeowners are at the tenant’s sole risk and expense and may result in additional charges or immediate eviction without refund of any payments. 11. MINIMUM STAY: A two-night minimum stay is required. Seasonal requirements will apply. 12. MAINTENANCE AND DAMAGE: Every effort has been made to ensure that all facilities are in good repair and everything is in working order. However, there may be an occasion when an amenity is unavailable, is out of order, or breaks down during occupancy. We will do our best to make repairs or replacements, but if neither is reasonably possible due to time or availability of parts or service, we cannot guarantee these items and we will not make refunds based on malfunctions or circumstances beyond our control. The home is inspected prior to and after every guest. If there has been damage caused during your stay please report it immediately so we can address it. We expect our guests to take responsibility for things that happen by them personally or ANY guests they have in the home. We realize that isn’t trendy these days but we have high expectations that mankind can be restored through personal responsibility and respect for others and their homes. 13. ENTRY, INSPECTION, OR EVICTION: The owner or her representative will have the right to enter the premises (a) in case of an emergency, (b) to make necessary or agreed repairs, alterations, improvements, supply necessary or agreed services, show the premises to prospective or actual tenants, workers or contractors, (c) when renter has abandoned or left the premises or (d) when eviction is necessary due to breach of this contract. In the case of (b), entry may only be made during normal business hours and with prior notice to the renter. In the case of (d), ALL tenants and guests of tenants must vacate the rental property within 60 minutes of the agent’s arrival to notify of eviction. If a tenant or guests are present when an Agent arrives, up to 60 minutes will be allotted to immediately remove all personal property and exit the rental property. If tenants or guests are not present or personal property is not removed within 60 minutes, the agent will photograph, inventory, and store said property. Charges in excess of the eviction fee may apply if items are required to be removed by the owner. The primary tenant must claim any stored personal property within 30 days. If not claimed, the personal property will be sold or donated. 14. HOLIDAY AND PARTY DECORATIONS: Guests may decorate for special occasions at their own expense, but must remove and dispose of all decorations prior to departure. Christmas trees may not be left behind. Devices for attaching and securing decorations must be temporary and must not leave evidence of use (No Nails, sticky residue, staples, etc.) 15. LOCKED CLOSETS: Owner may have locked closets for personal possessions and extras for the rental. These closets are private and are not to be opened by guests under any circumstances. Any evidence of a violation will result in a $500 deduction from the security deposit. Any inventory taken will be charged accordingly. 16. RATE CHANGES: Rates are subject to change without notice until a signed contract and advance deposit are received to reserve a rental period. 17. FIRE SEASON/STORM/ROAD CONDITIONS POLICY: No refunds will be given for non evacuated areas during fire season or storm conditions. If your vacation is during the winter months, please come prepared with tire chains to drive in snow and/or ice to reach the rental property. We do not refund due to road conditions, storms, fires, water level in the lake, or other unforeseen conditions. We are happy to move dates to a future stay. 18. WINTER CONDITIONS: Tenants are notified that this home is in a mountain location where winter conditions may apply. Walkways, driveways, sidewalks, stairs, etc. may be slippery due to ice and snow. These areas may be slippery even when they do not appear to be. It is advised that caution be used. Please step carefully on all outdoor surfaces. It is further advised that shoes be removed upon entering the home as wet or icy soles can cause slippery conditions on floors inside the home. 19. ELECTRONICS/UTILITIES: Please note that Lilley Mountain is in the mountains. Top tier internet is being provided via the only local provider available. However, please note that internet availability, consistency, and quality cannot be guaranteed. Smart TV is available for use with guests' various accounts (i.e., Prime, Netflix, etc.) PG&E is known for turning off power with high winds. Please come prepared as refunds may not be given for utility issues out of owners control and will not be grounds for refunds. Date changes or credits for unused nights will be offered.

20. INDEMNIFICATION: Owner is not responsible for any accidents, injuries or illness that occur while on the premises or its facilities unless such damage is the legal result of negligence or willful misconduct by the owner. Owner is not responsible for the loss of personal belongings or valuables of the renter or their guests. By accepting this reservation, it is agreed that all renters/guests are expressly assuming the risk of any harm arising from their use of the premises or others whom they invite to use the premise. Renter shall indemnify and hold harmless the property owner from all damages, injuries, claims, costs and expenses related to acts, events or omissions occurring in, on or about the property, or arising out of or in any way related to renter’s use or occupancy of the property, renter’s breach of any term of this agreement, or any work, activity or thing done, permitted or suffered by renter in, on or about the property.
21. WILD ANIMALS: By booking, you understand the home is in the forest and wild animals including but not limited to bears, rattlesnakes, mountain lions, bobcats, scorpions and bats live all around the cabin. K&M Premier Vacation Rentals and Venue Management and the owners will not be held liable for any accidents or incidents that may occur in, on or about the property.
22. CLEANING FEES AND EXPECTATIONS: Although a cleaning fee is included in your stay, the expectation is that the house is tidied up inclusive of dishes cleaned and put away and a general wipe down of kitchen and appliances if they become excessively dirty during your stay. Please leave sheets and blankets on the beds and please kindly start a load of towels prior to your departure.If the BBQ was used during your stay, please wipe it down as much as possible prior to your departure. Please note, while every effort is made to keep them clean and prepared for your arrival and use, it is impossible for them to be perfect or look new. A $25 additional cleaning fee will be charged if it is left dirty.
23. TRASH: We know this one stinks….literally. Due to the massive volume of trash, lack of trash services, local resident bear, mountain lion and raccoon, and changing local ordinances we have had to implement the following: Only 1 bag of trash per night is allowed. Any additional bags will be charged at $25 per bag. Any trash thrown in the bin not in a bag will incur a $100 fine. These charges are paid directly to handymen to come collect trash and take it to the local dump.
24. WELL AND SEPTIC SYSTEM: The home is on a private well. The water is delicious and safe to drink from the tap. There is a large holding tank, however excessive water use will lower the tank and could take several hours to fill it back up. Excessive use is defined as washing cars while using back to back showers, running the washing machine and dishwasher all at the same time. Please be mindful of the consumption to avoid this. The home also utilizes a septic system. DO NOT flush anything other than toilet paper down the toilet even if it claims to be septic safe. Sanitary napkins, tampons, paper towels, wet wipes, etc. will back up the system and guests will be responsible for a service call to unplug the system.
25. CAMERAS/RECORDING DEVICES: There are exterior cameras surrounding the home. They are not able to see inside the home or any private areas at any time. Cameras are not to be tampered with for any reason. Evidence of an attempt to disable or cover cameras will be grounds for immediate eviction.
26. AGREEMENT, DECLARATION, AND ASSUMPTION OF RISK: By booking, you are declaring the foregoing is true, that you agree to take all recommended and reasonable actions to protect yourself and others from exposure to COVID-19, and that you ASSUME THE RISK, by entering the property. You also understand and agree that no one, including but not limited to the owners and K&M Premier Vacation Rentals and Venue Management, can guarantee that you will not be exposed to or contract COVID-19.
27. NO ILLEGAL ACTS: Renter will comply with all statutes, ordinances and requirements of all municipal, state and federal authorities as well regarding the use of the property. The Rental property shall be treated with respect and consideration. Please be aware that some neighbors are periodic users and some are permanent residents. We ask that the peace and privacy of all of the neighbors to this cabin be respected at all times. Any violations of the above stated policy could result in eviction from the premises without notice and without refund of any rents, fees or taxes.
28. WAIVER: Failure of owner to enforce any provision of this agreement will not be deemed a waiver.
29. LEGAL: This agreement shall be governed by and interpreted in accordance with the laws of the State of California.
30. CREDIT CARD: Any guest who provides any credit card information is doing so as a guarantee of payment of all or any portion of the security deposit and each such tenant accepts all terms of this agreement and accepts complete liability for the payment of any rental fees (including, without limitation, any costs, fees, expenses, charges or penalties related to the rental, occupancy and/or use of the rental property as set forth in this agreement), as well as any damage (not covered under the accidental damage policy) during and tenant’s occupancy and use of the rental property. Each tenant providing his or her credit card understands that these rental fees (excluding e Check payments) will be charged to their credit card and hereby authorizes owner’s agent (i.e. Hostfully, VRBO, HVMI, Airbnb, etc.) to charge their credit card for payment of any such rental fees.
31. ENTIRE AGREEMENT: The foregoing constitutes the entire rental agreement between the parties and may be modified only in writing and signed by all parties. Each section, subsection or paragraph of this Agreement shall be deemed severable. If for any reason, any portion of this Agreement is unenforceable, that portion shall not affect the applicability or validity of any other portion of this Agreement. This Agreement and any modifications, including photocopies or facsimiles, may be signed in one or more counterparts, each of which will be deemed an original and all of which taken together will constitute one and the same instrument. If there is more than one renter, all renters are jointly and severally liable under this rental agreement.