this property requires the signature of a rental agreement. Here is a copy of the agreement: By booking the selected Short-Term Rental property (the “Short-Term Rental” or the “Property”) through AirBNB, VRBO, or any other electronic rental platform (the “Platform”), you are acknowledging and agreeing to each of the terms and conditions set forth on the rental listing or by the Platform, as well as the following for the Property: BOOKING TRANSACTION. This Agreement is between (your “Host”) and the individual completing this booking transaction for the Short-Term Rental (“you” or “Guest”). You agree that you will be present at the Short-Term Rental for the entire duration of the reservation and that you will be responsible for the actions and behavior of each individual present at the Short-Term Rental during your stay. This includes ensuring each individual in your party or otherwise present at the Short-Term Rental is aware of and in compliance with the terms identified in this Agreement. PAYMENT TERMS & CANCELLATION. The total amount due, including the base rates, taxes, and fees are displayed on the checkout webpage for the Short-Term Rental. A portion of your total payment may be due upon checkout, as indicated in the “amount to be charged now” line. The balance is due prior to arrival within the schedule indicated on the reservation webpage. Please review these amounts carefully. You may cancel your booking at any time, however, all amounts that have been paid prior to your cancellation may be non-refundable. HOUSE RULES & POLICIES. – The Short-Term Rental may have specific rules and policies regarding large groups, parties, pets, smoking/vaping, quiet hours, parking, and other local, or property regulations. These rules may be detailed in the description section of the Short-Term Rental listing or in Exhibit A attached hereto or otherwise delivered to you, and are incorporated into this Agreement. Please review these terms carefully as violation(s) may result in additional fees or the immediate removal of you and other members of your group from the Short-Term Rental without refund. COMPLIANCE WITH LAWS. The violation of any local/municipal, state, or Federal law or ordinance by any individual at the Short-Term Rental during your reservation will result in the immediate removal of you and other members of your party from the Short-Term Rental without refund and may result in the Host or its Designated Agent reporting you or your group to the necessary authorities or the Platform. ARRIVAL DETAILS & CHECK-IN/CHECK-OUT. Once your booking has been paid in full, you will receive contact information for the primary contact for your stay (your “Guest Contact”). Check-in and check-out times will be communicated to you at least 10 days prior to your arrival, unless otherwise set forth in the description of the Short-Term Rental. Please confirm your expected arrival time. If you or any member of your group fails to vacate the Short-Term Rental at the designated check-out time, you grant the Host or Pousada Property Management, LLC (its “Designated Agent”) the right to charge the credit card number used to book the Short-Term Rental for any additional charges. Further, the Host or its Designated Agent, may initiate any and all proceedings necessary to remove you or any member of your group or your belongings from the Short-Term Rental. DAMAGE. Any damage to the Short-Term Rental must be reported to the Host before check-out. You agree any damages caused by you, your guests, or anyone you explicitly or implicitly permit to enter the Short-Term Rental are your full, complete, and singular responsibility and the cost to repair such damage shall be fully borne by you. This may include damage or loss occurring during your stay, violations of house rules or policies, additional cleaning fees, or any fines or other costs incurred by the behavior of you or any other person present at the Property during your stay in violation of laws or other regulations. You grant the Host the right to charge the credit card number used to book the Short-Term Rental for any such damages, including, but not limited to, additional cleaning fees. To ensure that the proper party is held responsible for any damage, please notify your Guest Contact of any damage found at check-in. Absent some conclusive evidence to the contrary, any damage that is alleged to have pre-existed your check-in, but which you failed to timely report to your Guest Contact, will be deemed to have been caused during your stay. This determination is to be made exclusively by Host or its Designated Agent. FEES & ADDITIONAL SERVICES. All mandatory and optional booking-related fees will be disclosed in the Short-Term Rental listing. If you fail to select any option(s) that incur additional fees applicable to your stay and it is later discovered that you should have selected such option(s), you grant the Host the right to charge the credit card number used to book the Short-Term Rental for the associated additional fees. MAXIMUM OCCUPANCY. The maximum number of people that may occupy the Short-Term Rental is indicated in the listing description. For clarification, this number applies to all overnight guests, day visitors and children. Unless otherwise approved by the Host or its Designated Agent, occupancy over the indicated capacity may result in the immediate removal of you and other members of your party from the Short-Term Rental and forfeiture of all amounts paid. CONDITION OF THE PROPERTY. Your Host cares very much about their Short-Term Rental and strives to keep it in excellent shape. If you notice any problems, hazardous conditions, housekeeping issues, or maintenance issues, please notify the Host or its Designated Agent immediately. You agree to notify the Host of any such issue and allow the Host to attempt to remedy the issue as described below prior to notifying the Platform. If the Short-Term Rental is not in the condition represented in the rental listing, the Host or its Designated Agent may, in its sole discretion, remedy the issue identified within a reasonable time period or offer an appeasement consisting of, but not limited to, a discount of the rental price or the substitution of a comparable property; provided, however, that in no event will any such financial appeasement exceed the amount you paid for the reservation. HOST ACCESS. You agree to allow the Host or its Designated Agent or their agents reasonable access to the Short-Term Rental during your stay if requested. Such access may be necessary to resolve maintenance-related issues you report. In the event of an emergency, the Short-Term Rental may be accessed without prior notice or permission. CLEANLINESS. You are expected to treat the Short-Term Rental with care. Even in cases where a cleaning fee is charged, you are expected to leave the Short-Term Rental in a clean, neat, and orderly condition and respect the Host or its Designated Agent’s requests regarding check-out procedures. You are further obligated to comply with the rules related to cleaning set forth in Exhibit A. CANCELLATIONS BY THE HOST OR ITS DESIGNATED AGENT & SUBSTITUTION OF PROPERTY. In the event that the Host or its Designated Agent cancels your booking, you will be notified as quickly as possible. In such cases, the Host or its Designated Agent may provide the option to substitute a comparable property selected by the Host or its Designated Agent or refund 100% of any amounts paid to the Host. If you accept the substitute property, all rules, policies, terms and conditions specified in the description section for the substituted property shall apply, even if they differ from your original reservation. The Host highly recommends that you purchase Travel Insurance to protect against certain types of cancellations, among other risks. Other than providing a refund, the Host is not responsible or liable for cancellations. FORCE MAJEURE. In the event your stay at the Short-Term Rental becomes impossible for any reason outside the Host’s control, including natural disasters, fire, evacuation orders, or other acts of government agencies, the Host or its Designated Agent may choose to cancel your booking and issue a partial or full refund or booking credit of the amounts paid to the Host. For purposes of clarification, no refund or credit is due (or will be made) to you as a consequence of bookings inhibited by inclement weather or the virus leading to COVID-19 or any mutation thereof unless the Host or its Designated Agent initiates the cancellation. You and your invitees must comply with any mandatory evacuation order related to any weather event. INDEMNIFICATION & HOLD HARMLESS; ASSUMPTION OF RISK. You agree to indemnify and hold harmless your Host and its Designated Agent, for any liabilities, damage, cost or expense whatsoever arising from or related to any claim in connection with your use and/or occupancy of the Short-Term Rental, including, but not limited to, any claim or liability for personal injury, damage, fines, penalties, loss of personal belongings, or theft of property, which is made, incurred, or sustained by you and/or anyone using the Short-Term Rental during your stay. You and anyone using the Short-Term Rental during your stay accept and assume all risks involved in or related to the acts of third-party, including the use of third-party transportation vendors, activities participated in while on the premises, activities participated in while present in New Orleans or the surrounding areas, and amenities provided at the Property, as applicable. FALSIFIED BOOKINGS. If your booking was made under false pretense, including, but not limited to, a falsified name, age or size of party, you will be subject to immediate cancellation of your reservation, removal from the property, and forfeiture of all amounts paid. You may also be subject to reporting to the Platform and any authorities having jurisdiction over the Property. LIMITED SHORT-TERM RENTAL. It is expressly understood and agreed that this is a short-term rental and is not a lease or other long-term residential tenancy agreement. This Agreement is only for the licensed use of the Short-Term Rental for the stated reservation dates. It creates no property rights in you and no rights to renewal or for recurring usage. You shall not sublet the Short-Term Rental or any part of it and shall not assign any interest (in whole or in part) to this Agreement or any rights hereunder. MANDATORY MEDIATION. If you have a dispute, controversy, or claim that arises from or relates to this Agreement or the Property, and if the dispute, controversy, or claim cannot be settled through direct discussions, you agree to try first to settle the dispute through mediation administered by Mediation Arbitration Professional Systems, Inc. or Perry Damph Dispute Solutions with a mediator agreed upon by the parties. This requirement to mediate is mandatory and is a condition precedent to the initiation of any adjudicative action or proceeding in a court of competent jurisdiction. The demand for mediation shall be made within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall it be made after ninety (90) days from when the aggrieved party knew or should have known of the dispute. If, during the mediation, a party makes a written offer of compromise to another party which is not accepted by the other party, and the refusing party fails to obtain a more favorable judgment or award, the refusing party shall pay all of the offering party’s costs and expenses, including reasonable attorneys’ fees, incurred from the time the offer is refused. The parties agree that this mediation is non-binding and is an informal effort to resolve any dispute prior to litigating. Any mediation shall be conducted exclusively in the Parishes of Orleans or Jefferson, in the State of Louisiana, by a mediator agreeable to both Parties from one of the aforementioned entities. THE PARTIES HEREBY EXPRESSLY UNDERSTAND AND AGREE THAT THIS AGREEMENT TO MEDIATE SHALL BE SPECIFICALLY ENFORCEABLE, AND A PARTY SHALL BRING SUIT EXCLUSIVELY IN ORLEANS PARISH CIVIL DISTRICT COURT, LOCATED IN NEW ORLEANS, LOUISIANA, A COURT OF COMPETENT JURISDICTION, FOR ANY INTERIM OR CONSERVATORY RELIEF, INCLUDING, A PROCEEDING TO COMPEL MEDIATION, OR TO ENFORCE AN AGREEMENT REACHED DURING MEDIATION. EXCLUSIVE VENUE & JURISDICTION. If the mandatory mediation fails, or if the mandatory mediation clause above is deemed to be invalid or unenforceable, then the parties hereby agree that any judicial proceeding arising out of, related to, or brought in connection with this Agreement, the Property, or the relationship between the parties shall be brought in Orleans Parish Civil District Court, a court of competent jurisdiction, and the Guest and Host/Designated Agent hereby: (a) accept, generally and unconditionally, the exclusive jurisdiction of Orleans Parish Civil District Court and any related appellate courts, and irrevocably agree to be bound by any judgment rendered thereby, subject to any right of appeal, and (b) irrevocably waive any objection to personal jurisdiction, venue, or otherwise, that they may now or hereafter have as to any such proceeding brought in Orleans Parish Civil District Court, or any objection that the Court is an inconvenient forum. Any award against the Host or its Designated Agent cannot exceed the total amount paid for the Guest’s booking at issue. You expressly waive all claims in excess of, and agree that your recovery shall not exceed, this amount. Any such award shall be in satisfaction of all claims by you against the Host or its Designated Agent. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE HOST OR ITS DESIGNATED AGENT, NOR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR OWNERS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR STAY AT THE SHORT-TERM RENTAL. THIS LIMITATION APPLIES TO ALL CLAIMS FOR DAMAGES WHETHER BASED ON A THEORY OF WARRANTY, CONTRACT, TORT (INCLUDING ORDINARY NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, EVEN IF THE HOST OR ITS DESIGNATED AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. CLASS ACTION & JURY TRIAL WAIVER. ANY AND ALL PROCEEDINGS TO RESOLVE CLAIMS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. THE PARTIES EACH WAIVE ANY RIGHT TO A JURY TRIAL. ATTORNEY’S FEES & COSTS. If the Host or its Designated Agent hire the services of an attorney or attorneys to enforce any conditions of this Agreement or any claims arising out of or related to this Agreement, you shall be liable to the Host or its Designated Agent, as applicable, for the attorneys’ fees and costs incurred. GOVERNING LAW. This Agreement is made in and shall be governed solely by the laws of the State of Louisiana without regard to conflict of laws principles. The validity, interpretation, and effect of this Agreement shall be governed by and construed in accordance with the laws of the state of Louisiana. GENERAL TERMS. If any section, clause, paragraph, or term of this Agreement is held or determined to be void, invalid, or unenforceable for any reason, all other terms, clauses, or paragraphs herein shall be severed and remain in force and effect. This Agreement shall be binding on and inure to the benefit of the parties hereto and on each of their heirs, executors, administrators, successors, and assignees. This Agreement or any rights hereunder may not be assigned (in whole or in part) by you. This Agreement is taken in full compliance with federal, state, and local Fair Housing Laws, without regard to race, color, religion, sex, country of origin, handicap, or familial status. This Agreement becomes binding upon receipt of your initial payment. Sending payment constitutes your acceptance and agreement to these terms, conditions, limitations, and restrictions. __________________________________ ________________________________ HOST GUEST [EXHIBIT A ON FOLLOWING PAGE] ¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬_________________________________ __________________________ EXHIBIT A – ADDITIONAL HOUSE RULES • Check in is after _____. Check out is at ____ • A late checkout, unless granted by your Guest Contact, is subject to extra rental charges at the rate of $50/hour after a grace period of 30 minutes. • Please checkout promptly; the cleaning crews have a very short time window to prepare the unit for new guests. • Cleaning does not include dishes & cooking utensils. Please load and start the dishwasher. Trash and recycling should be in Designated waste cans and disposed of before check out. If additional cleaning is required after you leave, it will be charged to your credit card. • Guest agrees to keep the Property, equipment and furnishings in good order. Guest is responsible for cost of replacement of any damage to furniture or premises and replacement of missing or damaged items. Upon check in, please inspect the Property for any missing or damaged items and report immediately. • Absolutely NO SMOKING or VAPING in the building. • Quiet hours after 10 PM. Please help us maintain good relations with our neighbors by keeping noise to a minimum after dark! • NO PARTIES OR EVENTS. • We are not responsible for the loss of any personal belongings or valuables during your stay. We cannot be responsible for any items left behind. • Only guests registered into the home are allowed to stay overnight. • No illicit activities, including the use of drugs, or the possession of firearms allowed on the Property at any time under any circumstances. • Guest must upload a government ID at time of booking. • Violation of the House Rules will result in you and occupants of the Property being forced to vacate the premises immediately without refund of any remaining deposit. • The Property is located in a mixed-use building and an urban neighborhood. You may hear neighbors and sounds from the street, as well as sounds from nearby commercial sites during business hours. • There are no surveillance cameras or recording devices on Property; however, sound monitoring equipment may be installed. This equipment does not record conversations, but only monitors noise levels to ensure compliance with local noise ordinances • Do not give out the code to the Entry Door to anyone except registered guests of the home