BEAR LAKE LODGING RENTAL AGREEMENT

Tenant desires to rent the Premises from Manager and Manager desires to rent the Premises to Tenant under the following terms and conditions.

1. Premises: Tenant understands that in certain circumstances beyond the control of either party, the Manager may be unable to provide the exact Premises to Tenant. If the Manager is unable to make the premises available to the Tenant, Tenant agrees that his legal remedies will be limited to (1) canceling this Agreement and receiving a full refund of all money paid under this agreement, or (2) occupying a substantially equal substitute property offered by the Manager.

2. Tenant: The “Tenant” of the Premises shall be the name listed on the reservation unless otherwise specified.

3. Manager: The “Manager” of the Premises is Bear Lake Lodging, LLC.

4. Rental Deposit: The reservation deposit will be 33% of the total cost of the reservation. This Agreement does not become binding and the Tenant's reservation will not be booked until the reservation deposit has been paid in full. Payment of the entire balance due thirty (30) days prior to the day on which occupancy will first occur. Returned checks are subject to a $25returned check fee.

5. Cancellation Policy: The Manger's Cancellation Policy differs based on the type of property Tenant rented. Reservation booked through 3rd party websites follow this cancellation policy unless otherwise stated at booking. Airbnb and Vrbo reservations will follow the policy specified on those booking sites. It is the responsibility of the Tenant to understand which type of property was rented and where they booked it. See below for cancellation policies:

VRBO/Expedia: A deposit of 33% of the total reservation is due at time of booking. The remaining reservation balance is due 30 days prior to arrival of scheduled reservation(s). If Tenant cancels any reservation(s) at least 30 days before check-in, they will receive a full refund. Reservation canceled between 14-30 days before check-in will receive a 50% refund. Otherwise, no refunds will be issued.

Cabins & Town houses: A deposit of 33% of the total reservation is due at time of booking. The remaining reservation balance is due 30 days prior to arrival of scheduled reservation(s). A cancellation fee of 10% of total payments made will be charged for any and all cancellations. If Tenant cancels any reservation(s) 30 or more days prior to arrival tenant will receive a refund of paid deposits less the cancellation fee. Reservations cancelled between 30 and 14 days prior to arrival will forfeit the entire 33% of total reservation deposit. If cancelled within 14 days prior to arrival, no refunds will be issued unless state mandated due to Covid-19. Then an internal credit will be issued and must be used within 1 year of booked stay and in the same property that was previously booked.

Condos: A deposit of 33% of the total reservation amount is due at time of booking. The remaining reservation balance is due 30 days prior to arrival of scheduled reservation(s). A cancellation fee of 10% of total payments made will be charged for any and all cancellations. If Tenant cancels any reservation(s) 15 or more days prior to arrival tenant will receive a refund of paid deposits less the 10% cancellation fee. No refunds will be issued for reservations cancelled within 14 days prior to arrival unless property is able to be rebooked. If booking is cancelled due to Covid-19 then an internal credit will be issued and must be used within 1 year of booked stay and in the same property that was previously booked.

6. No adjustments for late check-in or early check-out: No refund of monies paid will be made if the Tenant checks in after the date and time specified above. No refund of monies paid will be made if the Tenant checks out before the date and time specified.

7. Check in time: Check in time is after 4:00 p.m. on the first day of occupancy as specified above. Tenant may go directly to the property with the key code to enter unit. Tenant understands and agrees that Manager does not and cannot guarantee exact check in times. Tenant further understands and agrees that Manager is only obligated to make the premises available for check in after 4:00 pm on the check specified. In the event that the Manager is unable to make the premises available for occupancy before 8 pm. on the first day of occupancy, Tenant agrees that his legal remedies will be limited to (1) canceling this Agreement and receiving a full refund of all money paid under this agreement, or (2) occupying a substantially equal substitute property offered by the Manager.

8. Check out time: Check out time is before 10:00 a.m. on the final day of occupancy, as specified. Tenant agrees that, in the event Tenant and/or his guests fail to vacate the premises by 10:00 a.m. on the final day of occupancy specified above, Manager is authorized to charge to Tenant’s credit card additional charges for the actual costs incurred by Manager due to the late check out, including but not limited to increased labor or cleaning costs and any costs resulting due to the inability to rent the premises to a subsequent renter or any decrease in income from an already-confirmed subsequent renter. In addition, if Tenant fails to vacate the premises by 10:00 a.m. on the final day of occupancy, as specified above, Tenant agrees that Manager may remove Tenant’s baggage and property from the premises and shall have a lien on said items as provided for in section 38-2-2 of the Utah Code and shall have the right to sell said property within 30 days if Tenant does not (a) demand the return of the property and (b) does not satisfy the lien against said property.

9. Maximum Occupancy: The Tenant agrees not to exceed, except for guests who shall not stay overnight, the maximum occupancy of the premises. If Tenant or Tenant’s guests violate this provision, Tenant agrees that this Agreement and Tenant`s right to occupy the premises may be immediately terminated by Manager. If this Agreement is terminated pursuant to this provision, Tenant agrees that no monies will be refunded to Tenant under any circumstances. Tenant further agrees Manager is authorized to charge to Tenant’s credit card additional charges for the actual costs incurred by Manager due to the violation of this provision. This occupancy limit extends to outdoor areas such as decks and patios. Recreation vehicles (RV’s) tent trailers, trailers, camping equipment may not occupy or park on or near the premises.

10. Self-keeping Unit: The above-described premise is a self-keeping unit. Manager does not provide daily housekeeping service during Tenant’s occupancy. Housekeeping service may be provided for an additional fee if prearranged with Manager. Prior to check-out, Tenant agrees to: a) strip all beds and leave all used linens and towels near the front door, b) place all trash into trash bags (provided by Manager) and take to dumpsters located in vicinity of premises, c) place dirty dishes in dishwasher and begin cleaning cycle, d) close and/or lock all windows and doors, and e) turn off lights. Tenant agrees Manager is authorized to charge to Tenant’s credit card an additional $25 cleaning fee because of the violation of this provision.

11. No Smoking: Smoking is not allowed in or around any portion of the premise’s property. This non-smoking policy extends to outdoor areas such as decks and patios. If Tenant or Tenant’s guests violate this provision, Tenant agrees that this Agreement and Tenants right to occupy the premises may be immediately terminated by Manager. If this Agreement is terminated pursuant to this provision, Tenant agrees that no monies will be refunded to Tenant under any circumstances. Tenant further agrees if Tenant or Tenant’s guests violate this provision that Manager is authorized to charge to Tenant’s credit card a minimum of $500.00 for liquidated damages or seek actual damages which may include, but are not limited to, any fines assessed by a homeowners association.

12. Pet Policy: Pets are not allowed in any property unless otherwise stated as pet friendly on the listing. Do not disregard this policy, as it will result in an additional fee never less than $500.Out of respect for our homeowners and future guests, we cannot make an exception no matter how small or well behaved the pet. Licensed and trained service animals are not regarded as pets. If evidence of a pet is discovered on the premises, tenant will be responsible for the costs of deep cleaning the cabin and repair of any damaged property. *For pet friendly properties. Maximum of 2 pets per property. You will be responsible for any actual damages that your pet does to any furniture, or fixtures in or around the property, or if your pet causes harm to any person, or their property, during your stay. You affirm that your pet is not aggressive, or dangerous. Pet are not allowed to be left unattended in property for any length of time. A fine of $50 may be charged to you if a complaint is reported toward the nuisance of your pet.

13. Minimum Age-Compliance with Laws: Tenant must be at least 21 years of age. Tenant agrees not to use the premises for any unlawful or immoral purpose and to comply with all laws, ordinances, rules, regulation, and directions of government authorities. If Tenant or Tenant’s guests violate this provision, Tenant agrees that this Agreement and Tenants right to occupy the premises may be immediately terminated by Manager. If this Agreement is terminated pursuant to this provision, Tenant agrees that no monies will be refunded to Tenant under any circumstances. Tenant further agrees Manager is authorized to charge to Tenant’s credit card additional charges for the actual costs incurred by Manager due to the violation of this provision, including, but not limited to, any fines assessed by a homeowners association.

14. No Loud Parties: Loud parties are not allowed in or around any portion of the above describe premises property. This provision extends to outdoor areas such as decks and patios. If a law enforcement officer, security guard, or neighbor contact Manager and inform him that a party is causing or has caused a disturbance, Manager in his/her sole discretion may deem it a “loud party” and exercise the rights granted in this paragraph. If Tenant or Tenant’s guests violate this provision, Tenant agrees that this Agreement and Tenants right to occupy the premises may be immediately terminated by Manager. If this Agreement is terminated pursuant to this provision, Tenant agrees that no monies will be refunded to Tenant under any circumstances. Tenant further agrees Manager is authorized to charge to Tenant’s credit card additional charges for the actual costs incurred by Manager due to the violation of this provision, including but not limited to any fines assessed by a homeowners association.

15. Duty to maintain the premises: Tenant agrees to maintain the premises in the same condition as it was upon arrival, normal wear and tear excepted. If Tenant or Tenant’s guests violate this provision, Tenant agrees that this Agreement and Tenant`s right to occupy the premises may be immediately terminated by Manager. If this Agreement is terminated pursuant to this provision, Tenant agrees that no monies will be refunded to Tenant under any circumstances. Tenant agrees to replace or pay for any damage that occurs. Any such replacement must be to the entire satisfaction of the Owner and Manager or Tenant agrees to pay for any additional repair that is needed to bring it to the satisfaction of Owner and Manager. If there is existing damage to the property at the time of check-in, Tenant must inform a manager of such damage at the time of checkin.

16. No Sublease: The Tenant shall not sublet the premises unless prior written approval is granted by Manager, and should any such subletting be approved, the original Tenant shall remain responsible to Manager for the premises and compliance with the provisions of this Agreement unless Manager relieves the original Tenant of responsibility in writing.

17. Tenant is liable for actions of all occupants and guests: The Tenant agrees he or she will hold all persons occupying the premises as agreed to herein, as well as his guests, to the provisions of this Agreement, and should any occupant of the premises or guest violate the terms and conditions of this Agreement, Tenant agrees to be responsible to Manager for the acts of that person.

18. Hold harmless: Tenant understands and agrees that there are potential hazards associated with renting recreational property and facilities that may result in injuries to Tenant and Tenant’s guests. These include but are not limited to falls down stairs, through glass windows and off balconies, slipping in the shower and on wet surfaces, swimming accidents and boating accidents, and other unnamed, but conceivable accidents. Tenant agrees and promises, to the extent permitted by law, to indemnify and hold harmless Manager and Owner of rental property from any and all liability, loss, or damages sustained by Tenant or Tenant’s guests as the result of claims, demands, costs of judgments by Tenant or Tenant’s guests or anyone claiming by, through or on behalf of Tenant or Tenant’s guests, including heirs and relatives of Tenant or Tenant’s guests, arising out of or in any way connected with the performance and operations to be carried out under this Agreement. Tenant fully understands that his or her stay at this facility is entirely at Tenant’s own risk and by signing this Agreement; Tenant hereby waives, to the extent permitted by law, any right to seek compensation for damages of any kind from Manager or from Owner of rental property. This release of liability is not intended to include any intentional acts of Manager.

19. Tenant is liable for all damages to rental property: Tenant accepts full responsibility and liability for any accidents, acts of vandalism, destructive behavior, damages or loss of items from the premises during Tenant’s stay therein, and agrees to indemnify and hold Manager harmless from any and all claims regarding those acts and/or damages. The cost of any damages will be charged to the credit card on file. Certain terms and conditions apply.

20. Manager is not liable for damage to personal property. It is Tenant’s responsibility to obtain insurance to protect the personal property and/or health of himself and his guests while staying at the premises. Manager encourages Tenant to obtain such insurance. Tenant shall indemnify and hold Manager harmless from any and all claims for damage that occurs to his person, his guests, or the personal property of Tenant and his guests while staying at the premises.

21. Weather Conditions: Tenant understands and agrees that there is a risk of severe or dangerous weather conditions that can occur before and/or during their stay. Tenant understands that these conditions may cause unintended and unavoidable hazards including but not limited to ice covered roads and driveways, limited or no accessibility to rental property, slips, falls, auto accidents, utility interruptions, and other unnamed but conceivable hazards. Tenant fully understands that his or her stay at this facility is entirely at Tenant’s own risk. Tenant is not entitled to any refund due to weather conditions.

22. Malfunctions: Manager makes no guarantees that utilities, appliances, or amenities will not fail, but we do guarantee that repairs will be made as soon as possible. No refunds will be made due to any failures. Tenant understands and agrees that there are circumstances beyond the manager’s control, and no action or recourse can be brought against manager for these circumstances. Examples include but are not limited to malfunction of plumbing, HVAC systems, electrical issues, appliance failure, and utility interruptions. Manager reserves the right to move tenant to another property if needed repairs cannot be made in a timely manner.

23. Communications: Tenant agrees to receive communication pertaining to the reservation(s) and future advertisements from Manager. Manager will use the email and phone number Tenant provides to contact the Tenant regarding the reservation(s). Management agrees to not share contact information with any outside parties. Manager may release your information when it is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property, or safety.

24. SMS Text Messages: Upon signing this agreement, Tenant agrees to receive limited SMS text messages from Manager. Tenant may opt out of text messages at anytime by texting STOP or by contacting Manager with a verbal or written request. Messages will contain arrival and departure information and may be used to provide assistance to Tenant during their stay. Message and data rates may apply.

Tenant has read Bear Lake Lodgings Rental Agreement and agrees to the terms above.