Rental Agreement In consideration of the monies received and the mutual promises contained herein, the Property Manager (Manager) of the Hale Kalani hereby agrees to give a license to use the Property to the above individual, (herein referred to as Guest), on the property and dates described on the reservation form and in the confirmation e-mail, under the conditions stated herein. Advance Payment: Guest agrees to pay the Property Manager a Advance Payment. Cancellation Policy: All cancellations must be made within 30 days of the reservation date in order to receive a full refund. A 50% cancellation fee will be applied to all reservations for cancellations received less than 14 days of arrival or after arrival date, all payments will be retained. Check in: Begins at 4:00 PM HST on the Arrival Date specified on the reservation form and in confirmation e-mail. Checkout time: Checkout is NO LATER than 10:00 AM HST on the Departure Date specified on the reservation form and in the confirmation e-mail. Parties and Events: Parties and/or Events of any kind and size are prohibited at the reserved Property. Guests who violate this policy are subject to suspension or removal without a refund. If the guests cause a disruption in the surrounding community, the Property Manager has full authority to remove a guest without a refund. Pets: Pets are not allowed. Smoking and Vaping Prohibited: All properties are NON-Smoking and or Vaping properties and any form of smoking are prohibited inside the properties. There will be an additional charge of $250 for any violation of this policy. Property Inspections: All problems, including inadequate cleaning and damage must be reported to the Property Manager within 24 hours of check-in for the prior guest to be held responsible. The Property Manager reserves the right to enter premises at any time for the purpose of effecting necessary inspections, repairs, or maintenance. Notification: It is the Guest's sole responsibility to inspect the Property upon arrival. Properties are not equipped for the handicap. Guests assume the entire risk of injuries arising from the use of the Property. The building that houses the property has handicap accessible elevators and on boarding ramps. However, the units themselves are not handicap equipped. Occupancy: The maximum number of occupants allowed in the Property is specified in the reservation. Overcrowding or misrepresentation is grounds for immediate revocation of the license to the Property and removal of Guest without refund. The Guest is the person who will occupy the Property. Parents may not book Properties for their children. The Guest must be present at the Property for the time of the reservation and take full responsibility for the Property. Small children are the responsibility of the Guest. Children should not roam free on balconies, climb on furniture, or engage in other unsupervised activities. Use is at your own risk. Guests take full responsibility for all lost or broken items and any damages to the Property of any kind. Guests are liable for all financial reimbursements for any excessive damages, and/or stolen items within the property. The Guest understands that the credit card that is on file may be subject to auto-drafted payments in the event that there are damages or stolen items to cover. Personal Items: Hale Kalani is NOT responsible for the theft of any guest’s personal items during the stay or left in the apartment after guest checkout. Restrictions on Property Use: Guests are prohibited from engaging in any unlawful activity or any other activity that constitutes a nuisance. Violation of this provision will result in immediate eviction without refund, and the Guest will be held liable for any damages to the Property, contents, and grounds. All Guests must comply with the Condominium Declaration and any Rules and Regulations required by the Condominium Association. Subletting and Assignment: Guests may not sublet, sub license, or otherwise grant any rights to the Property. Property Use: The Property may not be used for any activity in violation of local, state or federal laws, or Hawaii Insurance rules and regulations. Association Rules: Guest will comply with all rules and regulations of the Mana Kai Resort and the owners. Renter will maintain the unit in the best possible condition. Cleaning supplies are available in the unit. Attorney's Fees: If Property Manager consults legal counsel or a professional collection service for collecting any amounts due to Property Manager under this Agreement, Guest shall be responsible for all costs of litigation and/or collection in case of such, including actual attorney's fees. Limitations on Rental: The Manager will not be liable for circumstances beyond their control. including unfavorable weather. There will be no relocation, rental pro-ration or refund in the event of such circumstances. Guest expressly acknowledges that in no event will the Manager be held liable for any other condition out of the control of the Manager, or for any incidental or consequential damages, including but not limited to, expenses that result from moving or for any other losses. Indemnification: Guest agrees to release Property Manager from and against all liability should anyone be injured upon the premises during the term of occupancy resulting from any cause whatsoever, except in the case of personal injury caused by willful gross negligence on the part of the Property Manager. Effective Date: Notwithstanding anything to the contrary, this Occupancy Agreement is binding and effective when no signature is required, and Guest's affirmative assent to the terms is expressed by Guest's reservation of the unit. If a Guest desires to terminate this agreement due to lack of assent, he/she must do so within 30 days of the arrival date. Governing Law: The terms and conditions stated herein will be interpreted by and governed under the laws of the State of Montana and any action arising out of this agreement shall be litigated in Montana Eighteenth Judicial District Court, Gallatin County, Montana. Attorney's Fees: In the event of any action or proceeding commenced by any party, the prevailing party in such action or proceeding shall be entitled to recover from the other party all cost and expenses thereof, including actual attorney's fees and cost. Entire Agreement: This Agreement sets forth the entire understanding of the parties and supersedes all prior agreements or understandings, whether written or oral, with respect to the subject matter hereof. No amendment or modification hereto shall be binding unless made in writing and signed by the parties hereto.