Vacation Lease For NW Pads and its affiliates
This Lease Agreement (this "Lease") is dated per the booking website, by and between NW Pads, Propertyfinderz, and Northwestpads ("Landlord"), and the person booking the reservation at the booking website ("Tenant"). The booking website may be Airbnb, HomeAway, VRBO, NWPADS, or any other site used to secure a reservation for one of our cabins. The parties agree as follows:
PREMISES. Landlord, in consideration of the lease payments provided in this Lease, leases to Tenant the Cabin or Lodge (the "Premises") as identified by booking reservation made on the booking website.
TERM. The Tenant will have full control and use of the Premises beginning at 4:00 p.m. on the first day as identified by the booking reservation made on the booking website and will terminate at 11:00 a.m. on the last day as identified by the booking reservation made on the booking website.
LEASE PAYMENTS. The total rental payment owed for this Lease is as identified by booking reservation made on the booking website payable in advance. A nonrefundable deposit of 50% of total lease amount shall be paid on or before the day the reservation is made in order to reserve the Tenants reservation. Said deposit will be applied to the total rental payment. The balance is due and must be delivered to the Landlord 7 days prior to Lease start date. Lease payments shall be made to Landlord via the booking website, which may be changed from time to time by Landlord.
POSSESSION. Tenant shall be entitled to possession on the first day of the term of this Lease after 4 PM, and shall yield possession to Landlord on the last day of the term of this Lease by 11 PM, unless otherwise agreed by both parties in writing. At the expiration of the term, Tenant shall remove its goods and effects and peaceably yield up the Premises to Landlord in as good a condition as when delivered to Tenant, ordinary wear and tear excepted.
USE OF PREMISES/ABSENCES. Tenants shall occupy and use the Premises as a dwelling unit. Tenant shall notify Landlord of any anticipated extended absence from the Premises not later than the first day of the extended absence. Tenants will maintain the premises in good order and appearance including keeping the premises free of trash and garbage. Reasonable wear and tear are the only exceptions to damage to the premises.
OCCUPANTS. No more persons than as identified by booking reservation made on the booking website may occupy the Premises at any one time unless the prior written consent of the Landlord is obtained. All guests over the age of 2 are counted towards the maximum. All guests over the age of 18 shall be listed at the time of booking. Any party falsely representing the number of people or exceeding the maximum may be subject to immediate eviction without a refund.
PETS. Dogs are allowed with a fee of $25 per pet per night plus applicable taxes and fees. We provide pet bowls and pup waste bags. We do not allow cats. Note: The pet fee is not included in your booking. To cover the cost, It will be added separately when you confirm your reservation as an alteration request. Kindly accept it when you can. All pets must be leashed when on the property, unless in an enclosed area only accessible to the guests. All dog droppings must be picked up and disposed of promptly. Leaving dogs unattended at the property is not allowed, and we respectfully request that they sleep on their own beds & not on the furniture or human beds. We may charge up to $500 for failure to follow these rules.
PROPERTY INSURANCE. Landlord and Tenant shall each be responsible for maintaining appropriate insurance for their respective interests in the Premises and property located on the Premises. Tenant shall also maintain any other insurance which Landlord may reasonably require for the protection of Landlord's interest in the Premises. The tenant is responsible for maintaining casualty insurance on its own property. It is recommended that travel or vacation insurance is obtained by the Tenant.
NON-DISTURBANCE CLAUSE. Tenants and their guests shall not disturb, annoy, endanger (fireworks), or inconvenience neighbors nor use the premises for any unlawful purposes.
BOOKING CHANGES: Please note that we are unable to make any changes to your booking within 2 weeks of your check-in date. Once this period begins, your reservation dates are fixed and cannot be adjusted. After this time, our standard cancellation policy applies.
CANCELLATIONS. (a) If the Property becomes unavailable to the Tenant prior to occupancy, for any reason, Landlord agrees to refund the full amount paid to the date of cancellation, and Tenant agrees to release any claims against Landlord. (b) If, for any reason, the Tenant cancels this Agreement more than 14 days from the Arrival Date, Tenant will receive a full refund of amounts paid. If for any reason, the Tenant cancels less than 14 days and more than 7 days, the Tenant shall receive 50% of the monies paid. For Tenant cancellations made 7 days or less, all monies are forfeited. Failure to pay the Final Payment in a timely manner will be considered a cancellation under this subparagraph and will result in forfeiture of the Reservation deposit.
SMOKING. Smoking is strictly forbidden inside the Property. Smoking is only allowed "outside". Evidence of smoking inside the Property will result in immediate eviction and forfeiture of all amounts paid and will result in additional Cleaning Fee charges to Tenant as Excess Damage Cost and will be charged against the credit card on file or Tenant's security deposit at Landlord's election.
COOKING. The tenant may cook only in the specific areas set aside by the Landlord for cooking. No open fires are allowed other than in the grill and outdoor firepits. All fires must be thoroughly extinguished before leaving unattended.
SECURITY CAMERAS: Our properties may be equipped with security cameras. These cameras are NOT in any private guest areas or hot tub areas. These cameras are NOT inside the units. These cameras ARE only in public areas, and at the outside of entrances or the parking areas only.
HOT TUB. When enjoying the hot tub, please adhere to these safety guidelines: Shower with soap and water before entering to maintain cleanliness. Enter and exit the hot tub slowly to avoid accidents. Refrain from jumping or diving into the hot tub to prevent injuries. Keep glass objects away from the hot tub area to avoid breakage. Do not use alcohol, narcotics, or medications while in the hot tub. If you are elderly, consult a doctor before using the hot tub for your safety. Pregnant women should also consult a doctor before enjoying the hot tub. Children must be supervised by an adult at all times near the hot tub. Do not enter the hot tub if the water temperature exceeds 104°F (40°C). Limit your soak to 15 minutes at a time, and take a break to cool off before re-entry. If you have heart disease, diabetes, high or low blood pressure, or any serious illness, consult a doctor before using the hot tub. After each use, please replace the spa cover for safety and maintenance Also, leave the tub turned on and set at 104 degrees, covered with the hot tub cover. Do not sit or lie down on the cover, as it may get damaged. Remember to turn off high jets after use. Avoid using soaps or oils in the hot tub to maintain water quality and equipment integrity.
FIRE PITS AND FIREPLACES. Please do not leave the fireplace or fire pit unattended at any time. Please familiarize yourself if there are any fire bans or restrictions prior to your use.
CLEANING. The property will be inspected and cleaned after departure. The rental fee includes laundry service at the end of the lease term for the towels and linens. The Tenant is allowed use of the washer and dryer to launder any clothes or linens during the term. Tenant is required to leave the property in the same general condition that it was received in by making sure that the dishes are washed and put away, and the house is generally picked up and ready to be vacuumed, dusted and laundered.
CUMULATIVE RIGHTS. The rights of the parties under this Lease are cumulative and shall not be construed as exclusive unless otherwise required by law.
ACCESS BY LANDLORD TO PREMISES. Subject to Tenant's consent (which shall not be unreasonably withheld), Landlord shall have the right to enter the Premises to make inspections, provide necessary services, or show the unit to prospective buyers, mortgagees, tenants or workers. However, Landlord does not assume any liability for the care or supervision of the Premises while under the possession of Tenant. As provided by law, in the case of an emergency, Landlord may enter the Premises without Tenant's consent. During this Lease, Landlords shall be allowed to display the usual "To Let" signs and show the Premises to prospective tenants.
INDEMNITY REGARDING USE OF PREMISES. To the extent permitted by law, Tenant agrees to indemnify, hold harmless, and defend Landlord from and against any and all losses, claims, liabilities, and expenses, including reasonable attorney fees, if any, which Landlord may suffer or incur in connection with Tenant's possession, use or misuse of the Premises, except Landlord's act or negligence.
COMPLIANCE WITH REGULATIONS. Tenants shall promptly comply with all laws, ordinances, requirements and regulations of the federal, state, county, municipal and other authorities, and the fire insurance underwriters. However, Tenant shall not by this provision be required to make alterations to the exterior of the building or alterations of a structural nature.
ASSIGNABILITY/SUBLETTING. Tenant may not assign or sublease any interest in the Premises, nor assign, mortgage or pledge this Lease, without the prior written consent of the Landlord, which shall not be unreasonably withheld.
CASUALTY OR DESTRUCTION. (a) Should the Property be destroyed or rendered uninhabitable by an Act of God (including, but not limited to, hurricanes, storms, floods or fires), or by environmental disaster, or loss of utilities prior to occupancy by Tenant, this Agreement shall become null and void, and all payments made hereunder shall be refunded to Tenant. (b) Should the Property be destroyed or rendered uninhabitable as above during occupancy, reimbursement on a pro-rated basis will be negotiated between Tenant and Landlord based on the following: No refund is due (or will be made) for inclement weather.
NOTICE. Notices under this Lease shall not be deemed valid unless given or served in writing and forwarded by mail, postage prepaid, addressed to the party at the appropriate address set forth below. Such addresses may be changed from time to time by either party by providing notice as set forth below. Notices mailed in accordance with these provisions shall be deemed received on the third day after posting.
Acknowledgment & Disclaimer; Limitation of Liability
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Acknowledgment & Disclaimer: You acknowledge the Property may have features, amenities, and conditions that are unfamiliar to you and other Occupants you invite to the Property. You further acknowledge that your use of the Property and its amenities may carry inherent risk, including the risk of bodily injury, illness or disease, disability, or death. For example, some Properties include natural habitats for wildlife, insects, and pests that may expose you to injury or disease, or docks, stairways, porches, ledges, cliffs, hot tubs, and other unmarked natural or manmade features, amenities, and conditions that carry inherent risk. You agree that, by using the Property or its amenities, you voluntarily and willfully assume those risks and assume full responsibility for the choices you make before, during, and after your use of the Property and its amenities. You also acknowledge and agree that you and any other adult Occupants are solely responsible for closely supervising and protecting the health and safety of any and all Occupants that are minors throughout the duration of your stay.
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Disclaimer of Warranties: To the maximum extent permitted by law, NW Pads LLC and Owner each expressly disclaim any warranties of safety, fitness for a particular purpose, quiet enjoyment, and as to the adequacy of the directions and warnings provided to you.
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Limitation of Liability: To the maximum extent permitted by law, in no case shall the Owner of the Property or NW Pads LLC, nor their affiliates, nor their respective officers, directors, employees, agents, or owners, be liable for any indirect, incidental, consequential, special, or exemplary damages, or for any damages for personal or bodily injury, illness or disease, emotional distress, or damage to property, arising out of or in connection with your stay at the Property. This limitation applies to all claims for damages whether based on a theory of warranty, contract, tort (including ordinary negligence), strict liability, or otherwise, even if NW Pads LLC has been advised of the possibility of such damage and even if the limited remedy set forth herein is found to have failed of its essential purpose.
Indemnity: You agree to hold harmless and indemnify NW Pads LLC and Owner, and their respective affiliates, for and from all claims for property damage, personal injury, illness or disease, or monetary loss resulting from your actions or omissions, and the actions or omissions of other Occupants, during or relating to your stay.
GOVERNING LAW. This Lease shall be construed in accordance with the laws of the State of Washington.
ENTIRE AGREEMENT/AMENDMENT. This Lease contains the entire agreement of the parties and there are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Lease. This Lease may be modified or amended in writing, if the writing is signed by the party obligated under the amendment.
SEVERABILITY. If any portion of this Lease shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Lease is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
WAIVER. The failure of either party to enforce any provisions of this Lease shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Lease.
BINDING EFFECT. The provisions of this Lease shall be binding upon and inure to the benefit of both parties and their respective legal representatives, successors and assigns.
DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.
Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration under the rules of the American Arbitration Association. The arbitrator's award will be final, and judgment may be entered upon it by any court having proper jurisdiction.
CAUSE FOR EVICTION. The Tenant and all parties with the Tenant will be subject to immediate eviction from the Property if the Tenant or parties of the Tenant violate any terms of this Agreement, including but not limited to, violation of the occupancy limits, pet provision, smoking, noise ordinance or parking. In the event of eviction from the Property, the Tenant shall forfeit all amounts paid and there will be no refund of money.
ATTORNEY'S FEES AND COSTS. If Landlord employs the services of an attorney to enforce any conditions of this Agreement, to collect any amounts due, the eviction of the Tenant, or because Tenant takes any action to recover deposits not due, Tenant shall be liable to Landlord for reasonable attorney's fees and costs incurred by Landlord.
ACKNOWLEDGMENT. The Parties hereby understand and accept the terms and conditions on all pages of this Agreement. By creating your reservation, you are agreeing to the terms of this agreement.