02/14/2024 Terms of Accommodation

PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES.

Key Terms

Unless otherwise provided, the key terms contained herein are those provided in Airbnb’s Terms of Service as amended from time to time. In case of conflict, the definitions contained in these Terms of Accommodation shall prevail. Host provides Guest with the right to use and enjoy certain premises listed by Host on and booked by Guest through the Site, Services and Application (the “Accommodations”). By booking the Accommodations through the Site, Services and Application, you agree to comply with and be legally bound by the terms and conditions of these Terms of Accommodation ("Terms"). These Terms govern your right to use and enjoy the Accommodations and constitute a binding legal agreement between you and Host. Please read carefully these Terms. If you do not agree to these Terms, you have no right to use and enjoy Accommodations and your booking with the Host shall be deemed to be cancelled immediately in accordance with the cancellation policy contained in Airbnb’s Terms of Service. YOU ACKNOWLEDGE AND AGREE THAT, BY REQUESTING, BOOKING AND ACCEPTING ACCOMMODATIONS PROVIDED BY THE HOST, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF ACCOMMODATION.

Modification

Host reserves the right, at its sole discretion, to modify the Listing or to modify these Terms, including any fees such as cleaning fees, at any time and without prior notice. If the Host modifies these Terms, he/she will post the modification or a link to such modifications on the Site. The Host will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site, Application or Services after Host has posted a modification on the Site or via the Application, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to notify the Host and cancel your Accommodations in accordance with Airbnb’s Terms of Service.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR BOOKING OF ANY ACCOMMODATIONS VIA THE SITE, APPLICATION AND SERVICES, YOUR USE OF THE PREMISES DESCRIBED IN THE BOOKING AND ANY EVENT OCCURRING ON THE PREMISES DURING YOUR STAY WITH THE HOST REMAINS WITH YOU. NEITHER THE HOST NOR ANY OTHER PARTY INVOLVED IN YOUR STAY WITH THE HOST WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE RESULTING FROM YOUR USE OF THE INTERNET OR OTHER COMMUNICATION, ELECTRICAL OR ELECTRONIC SYSTEM PROVIDED BY THE HOST OR THE COST OF SUBSTITUTE ACCOMMODATIONS, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM YOUR STAY WITH THE HOST, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HOST HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL HOST’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE PREMISES PROVIDED BY THE HOST EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE, APPLICATION AND SERVICES AS A GUEST IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN HOST AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification

You agree to release, defend, indemnify, and hold Host and his/her employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your violation of these Terms; (b) your booking of Accommodations, (c) the use, condition or rental of Accommodations by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of an Accommodation. Entire Agreement These Terms constitute the entire and exclusive understanding and agreement between Host and you regarding Accommodations made via the Site, Application and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Host and you regarding bookings and Accommodations.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Host’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Host may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. Notices Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Host (i) via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. Controlling Law and Jurisdiction These Terms will be interpreted in accordance with the laws of the STATE of Michigan and the United States, without regard to its conflict-of-law provisions. You and Host agree to submit to the personal jurisdiction of a state court located in Muskegon County.

General

The failure of Host to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by Host or a duly authorized representative of the Host. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

*************** HOT TUB RULES *****************

• Floating Chlorine Dispenser must stay in the Hot Tub at ALL TIMES
• Water level must stay at proper levels (if it is overflowing, there are too many people in it)
• Do not exceed the maximum number of 5 people (4 adults for more comfort)
• Shower before entering - NO oils, sprays, or lotion
• Do not submerge head (oils, sprays, lotion, hair products create scum)
• No children under 5 are permitted, and all children must be supervised
• Do not bring glass in or near the hot tub
• Do not use under the influence of alcohol or drugs
• Do not sit or lie down on the cover. Secure the cover after use.
• Turn off high jets after use
• All users of the hot tub do so at their own risk
• The Hot Tub should be returned in the same condition it was given to you. No scum line, proper water levels, no sand, and clear/clean water. Your security deposit is at risk.

🐾 PET POLICY $90 flat fee (up to 2 pets per stay – must add to reservation) Pets must be house-trained and kenneled when unattended A Leash is required when outside Clean up after pets and dispose of waste properly No pets on furniture or bedding Guests are responsible for damages or injuries caused by pets

GUEST AGREES TO THE FOLLOWING:

1. Respect & care for the owner’s property by maintaining a standard of cleanliness and general upkeep throughout the stay, including putting trash in the trash bins, sweeping up excessive sand, wiping up spills, and putting away all pots & pans (clean, with no stuck-on food). Excessive Cleanup (including confetti) will be at an additional cost.

2. Report on the same day any damages or problems.

3. Respect and be courteous to the neighbors. Stay within property boundaries, do not trespass onto neighbors’ yards, docks/floating docks, etc. This also includes a noise ordinance of quiet hours from 10 pm to 8 am.

4. You are responsible for the whereabouts of paddles, kayaks, paddle boards or any other water equipment provided during your stay. Please make sure they are beached, and paddles are brought in for the night.

5. Strictly NO Party or NO events policy

6. No smoking inside the premises, or outside unless it is by the end of the driveway or shed. Absolutely, NO use of Marijuana, illegal drug use, abuse of any person, etc; shall cause termination of this agreement with no refund of rents or deposits.

7. NO Fireworks, lighter fluid, or other hazardous materials shall not be used in or around the premises

8. Not to access the “owner’s/host’s closet”, supply cabinets, or garage, even if unlocked.

9. No refunds for outages, weather, missing water equipment, equipment breakdown, lake levels or spraying of the lake (the lake is sprayed every year on an unexpected date, for swimmer’s itch control and could require up to a 24-hour no swim rule)

10. Abide by all policies stated in the “Welcome Guide”. Additional communicated rules can be added, and follow all “House Rules” & "Departure Process - Check Out Procedures". Excessive Cleanup will be at an additional cost.

11. No refunds for shortened stays or ruined expectations due to work, family sickness/death/emergencies, or other commitments.

12. Items left behind by the tenant will be held for 7 days. Costs for the return will be at the guest's expense; unclaimed items will be donated after 2 weeks.

13. Guests fully acknowledge that there are surveillance cameras on the property.

14. No one under the age of 5 is allowed in the Hot Tub. Additional Hot Tub rules can be added at any time. Abide by all Hot Tub Rules

15. Follow the allowed parking for your reserved property (2963 – 6 cars total or 2971 – 5 cars total)

16. Provide a copy of your driver’s license at the time of reservation.

17. Owner/host has the right to have any type of maintenance performed or cleaning done during your stay.

18. Follow the check-in time (of 4:00 pm) and check-out time (of 10:00 am)

19. Guests are responsible for bringing their own fitted lifejacket. This includes children who will ride on the pontoon boat