This Renter Agreement ("Agreement") is made between ("Owner and/or Manager and/or Hosts'') and "Guest" regarding the property known as The Whispering Creek Resort at Yosemite Forks ("Rental Property''). By booking and/or submitting payment for this Rental Property, the Guest agrees to abide by the house rules and accepts this Agreement. The agreement is effective on the date the Guest books or submits payment for the Rental property. This Agreement applies to the Guest(s) stay at Rental Property during dates indicated on Airbnb and/or VRBO reservation, but also applies to any other dates which may be included if the reservation is changed. This Agreement applies to all members of the Guest's party no matter the age or affiliation. Guest acknowledges and agrees that Guest is responsible for sharing the renter agreement, and its requirements, with all members of the Guest's party and anyone else permitted onto the Rental Property by the Guest before their scheduled stay or check-in. Additionally, any member of the guest’s party or any person(s) that the guest has allowed on to the property will be assumed to have implicitly read, acknowledged, accepted and agreed to this Agreement if they enter the property and are present on/at the Rental Property. In consideration of the rent received and the mutual promises contained herein, Owner of the Rental Property does hereby lease and rent to Guest(s) such Rental Property under the following terms and conditions:
Property Check In: after 4 PM ( unless owners/hosts and guest have mutually agreed on another time for check-in)
Check out: 10 AM ( unless owners/hosts and guest have mutually agreed on another time for check-out)
Guest(s) agrees to abide by all rules and regulations contained herein or posted on the premises related to the Rental Property.
Only house trained pets allowed:No pet access to furniture or bed, else $300 penalty will be taken from security deposit in addition to additional cleaning fees.
No loud noise, Outdoor fire after 9 pm else $300 penalty will be taken from the security deposit.
Please keep the front and back entrance closed at all times. We live in the mountains and have bugs, insects, and animals around. As much as we love our wildlife friends, we want to make sure they stay outside for our safety! :)
Hunting is banned on this property- The property is located in the Sierra National Forest with abundant wildlife and you will frequently see mountain animals.
Food should not be left in the cars or outdoor spaces. Please do not feed any wildlife. If you see a bear during your stay on the property, please do not feed him/her and stay away from them.
Cellular reception/signal is flaky in this mountain area due to high elevation and mountains. We have a network/signal booster antenna outside that connects to an indoor antenna in the living room to strengthen the cellular signal in the living room area. There is also a landline phone in the house for emergency purposes.Guests are allowed to use the landline for emergency purposes or to communicate with the hosts for any urgent matter. Any other landline calls made by the Guest(s) will be charged to the guest(s). Hosts/Owners may communicate with the guests through the landline phone. We do not make any guarantee/warranties with regards to the working of the signal booster and/or the quality of the cellular signal on the property.
You are not allowed to use the hot tub if you have consumed alcohol or if you are pregnant. Guest(s) under the age of 18 are to be always accompanied by adults (18 and above) in the hot tub. By accepting this agreement, guest(s) agree that there is no lifeguard on duty at the property and the hot tub is USE AT YOUR OWN RISK.The hosts/owners or their representatives are NOT responsible for any injuries that result from the use of this amenity. Guests are to use their best judgement when using the amenities.
Please do not use wood stoves if you are not sure how to operate them. Please contact the host for more information.
Absolutely no fires or open flames of any kind, during fire season. Please ask the host for permission before using the fire pit to make sure you are complying with local laws and regulations. Please also refer to the guest manual for fire-pit operation rules and strictly follow them.Accidents with fire-pits in this mountain region of California can cause loss of human lives, animal lives and extensive damages to property, nature and negatively impact the environment. We want to make sure you have a safe and peaceful vacation.
This is a strictly Non-Smoking / Vaping property. Additionally, please do not use/ bring illegal drugs on the property. Violation of this rule will lead to forfeiting of the security deposit and will be charged additional cleaning fee and any additional damages.
The property is not child proof and the hosts/owners or their representatives are NOT responsible for any injuries incurred during the stay.
A Ring security camera and doorbell that monitor the front entrance to the property for our guests' safety. The security camera/bell are not constantly recording and will only record once there is motion. Please do not touch or tamper with the camera or the bell. This is for your protection!
Please do not move/shift indoor or outdoor furniture/amenities/equipment without prior host/owner permission. Failure to do so will result in assessed damages.
In no event shall the Rental Property be occupied by more persons than the capacity of the property as stated on the web site or the confirmation letter, without prior approval by Owner/Hosts. In no event shall Guests assign or sublet the Rental Property in whole or in part. Violations of these rules are grounds for eviction with no refund of any kind.
Guests obligations include but are not limited to keeping the premises as clean and safe as the conditions of the premises permit and causing no unsafe or unsanitary conditions in the common area and remainder of the premises that Guest uses. Guests agree not to use the premises for any commercial activities or purpose that violates any criminal law or governmental regulation. Guest's breach of any duty contained in this paragraph shall be considered material and shall result in the termination of guest occupancy with no refund of any kind.
California Highway Patrol/Local laws may require chains and/or 4 wheel drive with snow tires during winter and spring months. Guests are responsible for vehicular preparation for winter/spring seasons and mountain region driving conditions. It is strongly suggested to have chains and /or a 4 wheel drive vehicle with snow tires when travelling during the winter season and/or in this mountainous region. Hosts/owners or their representatives will not be responsible for any damages or consequences arising/caused due to guests negligence or lack of preparedness for the mountainous region and /or winter/spring season.
WIFI RULES. Wi - Fi is offered as an amenity to our guests. By accepting this agreement, you agree not to use the wireless network for any purpose that is unlawful or otherwise prohibited and you are fully responsible for your use. Peer-to-peer (for example bit-torrent) and downloads of copyrighted and illegal material are strictly forbidden by United States law and our internet provider actively monitors these activities. Guests are fully responsible for any illegal uploading or downloading of content and for other illegal activities. Any copyright infringement by any guest is subject to release of guests' information to the copyright holder. The wireless network is provided "as is" without warranties of any kind, either expressed or implied.
We have a UPS (Uninterrupted Power Supply) behind the modem to keep the wifi ON in times of power outage for convenience of our guests and to assist in emergency situations. We do not provide any guarantees/warranty about its operations etc.
Guest(s) shall refrain, and ensure his or her guests and invitees refrain, from any conduct, which a reasonable person would deem likely to annoy or disturb the neighbours while on the premises.
Plumbing: No flushable wipes or paper towels are allowed to be flushed down the toilets. If a plumbing problem occurs due to guest misuse the guest shall be required to pay for all repairs.
No Subletting - The rental property may not be sublet. Your reservation is not transferable to any other party.
Guest Illness - If, during a guest’s stay, a member of the party becomes seriously ill with a communicable illness, such as Covid-19, guest is requested to voluntarily notify the management of the illness, whether diagnosed or undiagnosed. This voluntary notification will provide the opportunity to arrange for further sanitising of the home. Guests are also requested to voluntarily notify the management if a member of their party scheduled to arrive in the home has been diagnosed with Covid-19 within 14 days prior to the guest’s arrival date.
No refunds for weather/natural disasters/power outages/other things that are beyond our control such as closure of the Yosemite National park. We will not provide refunds for cancellations or shortened stays due to actual or anticipated severe weather (including wildfires) and Yosemite Park closures. You agree that natural fires are foreseeable in California, and in particular around the Yosemite National Park. Pursuant to the Airbnb Natural Disasters policy exception, no refund will be given in the event there is a natural fire in and around the area of the Rental Property.
In the event Hosts/Owners are unable to make the Rental Property available for any reason beyond their control or are unable to provide a reasonable substitute as determined by Hosts/owners, Guest agrees that Owner's sole liability as a result of this unavailability is to provide a full refund of all monies paid under this Agreement and Guest expressly acknowledges that in no event shall Owner be held liable for any special or consequential damages which result from this unavailability.
Guests agree to indemnify Hosts/Owners or their representatives from and against liability for injury to Guests or any other person occupying Rental Property resulting from any cause whatsoever including, but not limited to, injury sustained as a result of: (i) use of phone, hot tub or any of the amenities etc. on the property, (ii) exploring the geographic terrain on or around the Rental Property, (iii) interactions with or encountering wildlife,flora and fauna on or around the Rental Property, (iv) any activities carried out by the guests on or around the Rental Property.
Guests must abide by all laws and ordinances of the state of California, Madera County, and the city of Oakhurst. You are staying at this property and using the facilities at YOUR OWN RISK.
Guests are responsible for the property, its contents, and themselves during occupancy. Guests must lock windows and doors securely when not in the premises. GUESTS MUST REPORT ANY DAMAGES PRIOR TO YOUR DEPARTURE. After Check-Out, the representatives will inspect the unit for damage, missing items, and abnormally dirty appearance. If damage is present, items are missing, or the unit is abnormally dirty, management will repair the damage, replace the missing items, and/or perform a deep clean of the unit at Guest’s expense. Guest authorises management to charge the credit card on file to reimburse the Property Owner for any such expenses.
Security of Personal Property - Hosts/Owners or their representatives are not responsible for any acts of theft or vandalism, or other damages to any personal property or for personal items left by guests in the accommodation at departure. Guests are advised to take the appropriate rental/travel insurance to cover such situations. Guests are responsible for all shipping costs for any Lost and Found items that the Owner is requested to return to the guests. Items found and not claimed within 60 days will be disposed of at the discretion of Owner.
The Rental Property may offer access to recreational and other activities, various amenities, including but not limited to hiking, jogging, rappelling, running, wildlife/flora/fauna watching/interaction and engagement, nature exploration, mountain climbing, bathing, using electrical/mechanical equipment, Rental property facilities etc., using hot tub, swimming etc. Guest(s) fully understand(s) and acknowledge(s) that such activities (including but not limited to recreation and/or any other activities) and amenities (including but not limited to Rental property facilities/amenities, usage of mechanical/electric equipment etc.) have inherent risks, dangers and hazards. Participation in such activities and/or use of equipment may result in injury or illness including, but not limited to bodily injury, disease, strains, fractures, partial and/or total paralysis, death or other ailments that could cause serious disability. Guest agrees to fully indemnify and hold harmless the Owner, Hosts and any and all agents, employees, or contractors for any injury or damage caused by these activities, whether caused by the negligence of the Owners/Hosts, the negligence of the participants, the negligence of others, accidents, breaches of contract, the forces of nature or other causes foreseeable or unforeseeable. Guest(s) hereby assume all risks and dangers and all responsibility for any losses and/or damages, whether caused in whole or in part by the negligence or other conduct of the Owners/Hosts or by any other person. Guest hereby voluntarily agree to release, waive, discharge, hold harmless, defend and indemnify Owners/Hosts and any and all agents, employees, or contractors from any and all claims, actions or losses for bodily injury, property damage, wrongful death, loss of services or otherwise which may arise out of their use of Rental Property facilities, equipment, or activities. Guest further assumes full responsibility for the actions of any and all persons whom he may allow to enter the property during the rental period and indemnifies Owner/Hosts from any and all claims arising from such other persons.
By signing/booking and/or submitting payment for this rental, Guests and any Occupants agree to indemnify, defend, and hold harmless the Owner, Landlord and Rental Property Manager for any liabilities, theft, damage, or expense whatsoever arising from any claim or litigation which may arise out of or in connection with Guests or Occupants use of rental property. This includes any claim or liability for personal injury, illness, damage or theft of property, incurred or sustained by Guests or Occupants. If for some reason the reserved property becomes unavailable and a refund is due to renter, the property manager and owner will not be responsible for any other direct or indirect costs or fees.
Waiver of Jury Trial - BY ENTERING INTO THIS AGREEMENT, THE PARTIES KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A JURY TRIAL AS TO ANY CLAIMS A PARTY MAY CLAIM TO HAVE AGAINST THE OTHER WHICH ARISES OUT OF THIS AGREEMENT OR THE COURSE OF DEALINGS BETWEEN THE PARTIES.
Severability - If any term or provision of this Agreement is held illegal, invalid or unenforceable, such illegality, invalidity or unenforceability shall not affect the legality, validity or enforceability of the remainder of this Agreement.
Headings - Section and other headings contained in this Agreement are for reference purposes only and are in no way intended to define, interpret, describe or limit the scope, extent or intent of this Agreement or any provision hereof.
Entire Agreement - This Agreement constitutes the entire agreement between the parties and supersedes any prior understanding, marketing or agreement among them respecting the subject matter hereof. There are no representations, arrangements, understandings or agreements, oral or written, relating to the subject matter of this Agreement, except those fully expressed herein. No waiver of any provision hereof shall be valid or binding on the parties hereto, unless such waiver is in writing and signed by or on behalf of the parties hereto, and no waiver on one occasion shall be deemed to be a waiver of the same or any other provision hereof in the future.
Applicable Law - This Rental Agreement shall be governed by, construed under, and enforced and interpreted in accordance with the laws of the State of California.
Right to Terminate. Owner may terminate this Agreement upon the breach of any of the terms hereof by Guest(s). Guest(s) shall not be entitled to the return of any rental monies paid under the terms of this Agreement and shall vacate the Property immediately.
NOW, THEREFORE, in consideration of the mutual agreements and covenants herein contained, Guest has read and agreed to the following: I understand the rules and rental conditions upon which I am agreeing to rent accommodations, equipment, and use of the property. I acknowledge and accept that the sole responsibility for safety lies with the participant. In agreeing to this, I acknowledge that outdoor activities and exposure to the natural elements and animals can be dangerous and sometimes result in injury and even death. Steps and decks can be slippery, animals and insects can threaten and infect or injure, exposure to the elements can cause hypothermia, sunburn, among other risks inherent in participating in camping, outdoor and water activities. I know that alcohol and/or drugs do not mix safely with any outdoor activity. I am over the age of 18 and assume responsibility for those in my charge under the age of 18. I hereby assume all legal responsibility for bodily injury to me or to any person/guest on the property as a result of my visit and use, operation or possession of equipment hired or loaned to me. Acknowledging this, I accept complete responsibility for the minor children and myself in my charge and visit the property and equipment and engage in activities or events at my own risk. I will abide by the rules and accept these rental conditions: *The property I rent will be returned in the same condition in which it was rented and I will be responsible for all damage and/or loss that occurs during my rental period. *I agree to hold harmless and to indemnify the Owner of the Rental Property against all loss, damage, expense and penalty on account of personal injury or property damage to the rental dwellers, the undersigned or to any minor child or children in the charge of the undersigned, howsoever rising, whether by act or acts or failure to act of the employees, owners or animals of the said company or property owners or not. *I acknowledge receipt of the property in good order and condition (if found otherwise per my arrival I will contact Owner immediately) and further agree that the Owner of the Rental Property shall not be liable for consequential damages of any kind or nature from whatever cause arising, whether property or equipment is loaned or rented. *I enter into agreement freely with the Owner of the Rental Property at my own risk, acknowledging the risks inherent in indoor and outdoor activities and assume any and all responsibility for the minor children and myself in my charge. *All parties agree to and will comply with Federal, State and County pollution laws and any other applicable laws and regulations.
***By booking the Rental Property (“Corlieu Falls Cabin”), you are explicitly agreeing to conform and abide by the house rules and acknowledge that you have read and fully understand the rules.
