This Renter Agreement ("Agreement") is made and effective at the time of booking ("Agreement Date") between Humphrey’s Nest LLC ("Owner and/or Manager") and you ("Guest") regarding the property known as Eagle's Nest Guest House IV ("Rental Property" and/or “ENGH IV”) which is located at:
492 Duffers Trail
Nekoosa, WI 54457
This Agreement applies to the Guest's stay at Rental Property for your requested reservation dates 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 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.
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:
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Guest agrees to abide by all rules and regulations contained herein or posted on the premises related to the Rental Property. 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.
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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. No fraternities, school, civic, or other non-family groups are allowed unless Owner grants prior approval. In no event shall Guests assign or sublet the Rental Property in whole or in part. Violations of these rules are grounds for expedited eviction with no refund of any kind. Guests hereby acknowledge and grant specific permission to Owner to enter premises at any time for inspection purposes should Owner reasonably believe that Guests are causing or have caused any damage to Rental Property. Guest further agrees to grant Owner access to Rental Property for purposes of maintenance and repair. If listed "For Sale", Guests agree to grant access by scheduled appointment upon notification.
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In the event Guest wishes to terminate this agreement, Travel Insurance, Damage Protection and any processing or administrative fees are non-refundable. Cancellation policy is as follows:
You can cancel your reservation up to 30 days prior to arrival without penalty. We will refund 100% of the initial payment (less 3% credit card processing fees the credit card company keeps). If cancelled inside 30 days, you forfeit your entire stay. We recommend that you purchase trip insurance if you would like protection against something unexpected.
We regret that we cannot offer refunds, vouchers, or date changes due to inclement weather or family, pet or medical emergencies/illnesses.
In addition, if you decrease the guest count once we're inside 30 days prior to arrival, please be aware that your initially booked extra guest fees are non-refundable. For example: you booked your 1 night reservation for 16 guests a few months ago but now you need to decrease it to 12 guests within two weeks prior to arrival: you won't be refunded the extra $120+tax in guest fees ($30+tax/guest/night) as we're inside 30 days prior to arrival (following our cancellation policy).
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Guests must obtain permission from the Owner to have pets on the Rental Property. If permission is not given by the Owner, any pet(s) found in or about the Rental Property will be grounds for expedited eviction and forfeiture of all monies paid.
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Guests must inform the Owner of their intention to bring children and the specific number. A child is defined as any person under the age of 18.
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No refunds will be provided due to inoperable appliances, pools, hot tubs, elevators, etc. The Owner will make every reasonable effort to assure that such appliances will be and remain in good working order. No refunds will be given due to power blackouts, water shortage, flooding, snow, construction at adjacent properties, or mandatory evacuations of the area by county officials due to hurricanes or other potentially dangerous situations arising from acts of god or nature.
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Guest is responsible for all shipping costs for any Lost and Found items that Owner is requested to return to Guest. Items found and not claimed within 30 days will be disposed of at the discretion of Owner.
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If a hot tub or pool is provided at the Rental Property, it will be prepared and tested for proper and safe chemicals prior to or on the day of occupancy. Misuse of a hot tub or pool by the spilling of foreign substances into the pool, i.e. soap, shampoo, oils, glass or metal will result in a Service Call Charge at the sole discretion of Owner. Under no circumstances are pets allowed in pools or hot tubs. Violation of this provision shall be grounds for expedited eviction and forfeiture of all monies paid.
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If linens or towels are rented from Owner or supplied with Rental Property, Guest is responsible for lost or damaged items at the cost of two (2) times the published standard rental price for such damaged or lost linens or towels.
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In the event Owner is unable to make Rental Property available for any reason other than described above or a reasonable substitute as determined by Owner, 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. Guest also agrees to indemnify Owner from and against liability for injury to Guest or any other person occupying Rental Property resulting from any cause whatsoever including, but not limited to, injury sustained as a result of use of the phone, spa, hot tub, sauna, whirlpool tub, pool, exercise equipment, elevator, etc. except only such a personal injury caused by the gross negligence or intentional acts of the Owner.
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Owner may terminate this Agreement upon the breach of any of the terms hereof by Guest. Guest shall not be entitled to the return of any rental monies paid under the terms of this Agreement and shall vacate the Property immediately.
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Agreement shall be enforced under the laws of the state within which the Rental Property is located, including any applicable rental acts of that state, and represents the entire Agreement. Any amendments must be in writing and signed by both parties. In the event of a dispute, legal action may only be instituted in the county within which the Rental Property is located. If any part of this Agreement shall be deemed unenforceable by law, that part shall be omitted from this Agreement without affecting the remaining Agreement.
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The Rental Property may offer access to outdoor recreation. Guest fully understands and acknowledges that outdoor recreational and related activities 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 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, the negligence of the participants, the negligence of others, accidents, breaches of contract, the forces of nature or other causes foreseeable or unforeseeable. Guest 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 or by any other person. Guest hereby voluntarily agree to release, waive, discharge, hold harmless, defend and indemnify Owner 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 my 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 from any and all claims arising from such other persons.
Additional Rules and Rental Agreement Continued
Rule #1: HAVE FUN!
House Rules
No smoking, vaping, or burning of incense or candles in guest house or garage.
No house parties or events.
Check in anytime after 4 PM (early check in based on availability only).
Check out by 10 AM (late check out based on availability only).
Dogs are only permitted upon request with a completed pet addendum form and a $75 fee/dog for up to 3 dogs required upon booking reservation.
Only registered guests are allowed in the space. There is a $30+tax/extra guest fee per day at time of booking if you have more than 8 guests. Guests are not allowed to exceed 12 guests which is the total maximum occupancy limit. If you have between 9-12 guests, please reconfirm total # of guests AND requested bed arrangements 1 week prior to check in so the house is set up to your liking, thank you!
QUIET HOUR POLICY - Please be respectful of our neighbors and onsite tenants in the barn next to ENGH I. Quiet hours are from Midnight to 8 a.m. Violation of this policy could result in immediate eviction and forfeiture of your stay's fees.
Must be 21 years or older to rent.
Please remember this is our guest house (not a hotel room to trash/party) so please be respectful of our space and keep the property and all furnishings in good order. If you spill or break anything or something isn't working properly, please let us know ASAP or additional cleaning fee may be charged!
Rental Agreement
In accordance with this rental agreement, the GUEST agrees to the following conditions:
- The GUEST agrees there will be NO SMOKING in the guest house or garage. Smoking is allowed outside on the front porch, back deck, or backyard. If there is any smoking damage, including odors, or cigarette butts left anywhere on the premises, GUEST will automatically be charged a $250 fine.
- The GUEST agrees to maintain the PREMISES in a clean, orderly, and lawful manner. NO shoes to be worn in lower level please!
- The GUEST agrees to occupy the premises in quiet consideration of the neighbors and onsite tenants in the barn next to ENGH I.
- Eagle's Nest Guest House is on a well and septic system. The septic system is very effective; however, it will clog up if improper material is flushed. DO NOT FLUSH anything other than toilet paper. No foreign objects should be flushed at any time. If it is found that foreign objects have been flushed and clog the septic system, GUEST could be charged damages. In addition, NO food materials should be put down kitchen or bathroom sinks as they WILL clog and plumbing charges will be added to your final stay! Reminder signs are posted as well.
- The GUEST agrees to pay the full cost to repair any damage caused by the GUEST and his or her family and guests. NO indoor furniture moved outside please!
- The GUEST agrees to pay the replacement cost equal to the retail value of any missing household items, including linens, cookware, furniture, and audio-video equipment.
- The GUEST agrees that the number of people occupying the residence shall not exceed 16 unless otherwise arranged.
- The OWNER shall have the right to enter and inspect the PREMISES at any time if they suspect an emergency. Otherwise, 24 hour notice will be given.
- The OWNER is not responsible for any accidents, injury, or death resulting from use of the provided game room equipment and GUEST(s) agree to use said equipment entirely at his or her own risk.
- The OWNER is not responsible for any accidents, injuries, or illnesses of any kind that occur during the stay anywhere on the property of Eagle's Nest Guest House at 1156, 1158, and 1164 Archer Ave., 492 Duffers Trail, and 1688 S. Aurora Ln. in Nekoosa, WI 54457. By accepting this reservation, it is agreed that all GUESTS are expressly assuming the risk of any harm arising from their use of the premises. Wisconsin weather conditions can change quickly and create slips and falls in rainy, icy, snowy, hail, and/or windy conditions; in addition to trees in Sand County which are prone to fall during extreme weather conditions. Use of property is at your own risk.
- The OWNER is not liable for the GUEST'S personal property or valuables. Lost and found items can be shipped back at GUEST'S request and expense.
- The GUEST agrees to follow the local town of Rome rules/regulations posted with OWNER'S permit/license visibly posted in garage. Wisconsin state law REQUIRES recycling; recyclables MUST be placed in recycle bins provided - DO NOT throw in garbage or additional cleaning fee may be charged as a result!
- Liability: any fire damage caused on or off Eagle’s Nest Guest House property will be the sole responsibility of the GUEST(s). GUEST must read posted Fire Pit Usage Rules prior to using fire pit. NO FIREWORKS!
- If it's illegal, unethical, or immoral, please choose different accommodations.
You Must Also Acknowledge
• We have annual tenants who live in the barn next to ENGH I and guests like you staying in ENGH II and III – please be respectful.
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 21 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 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.