BLOOMING CABINS: RENTAL AGREEMENT
This Rental Agreement (“Agreement”) is between the owners of rented property (“Owners”) and the guest signing this Agreement below (“Guest”).
The parties agree as follows:
Guest agrees to at all times abide by all terms of this Agreement. If Guest—or any person on Guest’s reservation, any person invited by Guest to the Property, or anyone invited to the Property by any of the aforementioned persons (whether or not Owner was informed the person or persons would be on the Property) (all these persons collectively referred to as “Visitors”)—fail to abide by the terms of this Agreement, Guest may be subject to additional fees and expenses, loss of payment(s), eviction, and/or termination of this Agreement, as well as other penalties.
a. Check-in time for Guest is 4 pm on the day Guest’s reservation begins. Early check-in may be requested, but is not guaranteed. b. Detailed check-in instructions will be provided by Owner four (4) days prior to Guest’s check-in date on for the reservation. c. Guest will be liable for any associated costs and expenses if Guest or Visitors stay beyond their designated checkout time or delay Owner’s housekeeping or maintenance. d. Guest should perform an inspection of the Property at check-in and inform Owner if Guest observes any damages or material issues.
3) Noise and the Neighborhood.
a. Guest is responsible for any disturbance caused by Guest or Visitors to others in the area of the Property. Guest and Visitors must keep noise to a minimum so as not to disturb the occupants of neighboring properties, especially during nighttime hours (e.g. 10 pm – 8 am). b. Excessive noise is prohibited and may result in Guest being charged additional fees and expenses, loss of payment(s), eviction, and/or termination of this Agreement, as well as other penalties.
4) Guests and Visitors.
a. Guest making the reservation must be 25 years old or older (“Rental Age”). Persons of the Rental Age are prohibited from reserving the Property on the behalf of an individual not meeting this age requirement. Renter must be present at the Property for the duration of the reservation. b. Guest is required to inform the Host Owner of the total number of Visitors that will be inhabiting the Property for the duration of the reservation. c. No additional Visitors are allowed on the premises beyond what the Guest has indicated in the initial reservation, unless the reservation is updated by the Guest. d. The maximum occupancy for the Madison Property is eight (8) people; the maximum occupancy of Creekwood Property is twelve (12) people; and the maximum occupancy for Paradise Falls Property is twelve (12) people. e. Guest is responsible for ensuring the maximum occupancy is not exceeded. f. The Property is suitable for children but is not baby/infant proofed. Guest is fully responsible for the safety and security of all Visitors, including minors, at all times.
5) Events & Parties.
a. Parties and large gatherings of any kind are strictly prohibited on the premises. b. Any small gathering must comply with other provisions of this Agreement, including those regarding noise and guest numbers, unless prior written permission is provided by Owner.
a. Any time Guest or Visitors leave the Property, it is Guest’s responsibility to ensure all windows and doors are closed and locked to maintain security and prevent rain and water damage. b. Guest and Visitors will switch off lights (excepting lights Guest/Visitors may need to safely navigate exterior of Property), fans, and electronics when not in use to promote energy saving.
7) Hot Tub.
Guest and Visitors using the hot tub do so expressly at their own risk. Owner makes no representations or warranties regarding hot tub use, including but not limited to suitability for Guest and Visitors. Owner shall in no way be responsible or liable to Guest or Visitor in any way related to Guest’s or Visitors’ use of the hot tub. Guest and Visitors are informed that: a. Pregnant women, those with heart disease, diabetes, high or low blood pressure, and any other Guest or Visitors with health conditions should consult a doctor before using the hot tub. b. All children must be supervised when using the hot tub. c. Guest and Visitors must not enter the hot tub if the hot tub is over one-hundred three (103) degrees Fahrenheit. d. Guest and Visitors must limit exposure to the hot tub to fifteen (15) minutes, and cool off before re-entry. e. Guest and Visitors must securely replace the hot tub cover after each use. f. Guest and Visitors must not sit or lie down on the cover. g. Guest and Visitors must not use soaps, oils, coloring, bubbling agents, or any foreign substance in the hot tub. h. Guest and Visitors must use any glassware in or around the hot tub. i. Diving or any form of jumping is prohibited when using hot tub. j. Diapers are not to be worn by Guest or Visitors when using hot tub. k. Children must be closely supervised when using hot tub.
Smoking (including vaping) is NOT permitted inside or near buildings on the Property. This includes all decks, porches, balconies, and garages. All smoking paraphernalia used outside of the Property must be properly disposed of; this includes but is not limited to disposal of cigarette butts and related rubbish on the grounds of the Property.
Pets are not permitted at the Property, unless they are approved/certified service animals. Guest must contact Owner before the reservation commences if a service animal will be at the Property.
10) Grill and Fire Pit.
Owner does provide propane tank for use of grill. Owner does NOT supply firewood. These can be purchased at any number of locations near the Property. Guest and Visitors shall not burn any trees, branches, logs, or any other form of vegetation on the Property, whether such is alive or dead.
11) Toilet/Septic Plumbing.
The Property’s plumbing system is septic, which means flushing anything other than toilet paper can result in significant problems/damage. As a result, Guest and Visitors are to only flush toilet paper when using toilets. Guest will pay a fee totaling the cost of service plus any lost revenue if Guest or any Visitors violate this provision.
In the event of an emergency relating to the Property or personal safety, Guest or Visitors should first ensure their safety and then contact local emergency agencies. Within a reasonable timeframe, Guest or Visitors should then contact Owner.
a. All damages and breakages must be reported to the Owner as soon as reasonably practicable. Failure to report will likely result in additional charges, and Guest shall be responsible for such additional charges. b. To avoid damages and breakages, no furniture is to be moved from one room to another without prior agreement. c. The following damages (though not limited to these damages) may result in additional cleaning or other fees that Guest shall be responsible for: i. Excess trash or personal items left behind, both inside or outside of the Property ii. Clean-up of bodily fluids, vomit, feces, or other noxious matter/materials inside or outside of the Property iii. Fumigation/laundering as a result of ashes, smoking paraphernalia, or evidence of smoke found present inside the Property, following check out iv. Damages to the structure, fixtures, furnishings, or any interior or exterior amenities of any building on the Property v. Damages that require carpet shampooing vi. Excess cleaning of the furnishings, appliances, or any other interior or exterior features of the Property vii. Laundering as a result of any of the above listed infractions
14) Lost/Missing Items.
Guest and Visitors are solely responsible for ensuring they have collected all personal items prior to check-out. 14) Railings. Guest and Visitors shall not sit on or lean on interior or exterior railings due to the associated fall risk.
15) Check-Out Process.
a. Check-out time is 11 am on the day the reservation ends. Late check-out may be requested, but is not guaranteed b. Before check-out, Guest and Visitors should place used towels on the bathroom floor and should turn off all lights and other electronics, close any windows, and lock the door. Guest and Visitors may leave beds unmade c. Guests and Visitors are to place bagged and tied garbage at Property entrance (interior of Property). Extra bags are provided under the kitchen sink. Property’s cleaners will transport trash to dumpster, though Guest and Visitors are welcome to place tied garbage bags in dumpster during and at end of the reservation.
16) Hiking/Exploring Property.
Guest and Visitors are welcome to walk the land that is part of Property’s acreage, but should be aware it carries with it some risks: a. By signing this Agreement, Guest understands and acknowledges that outdoor recreational activities have inherent risks, dangers, and hazards. Participation in such activities may result in injury or illness including, but not limited to: dehydration, heat stroke, frostbite, hypothermia, skin rashes, bee stings, diseases carried by ticks and mosquitos, mental anguish or trauma from experience or injury, sprained or broken bones, and falls that may result in serious injury or death. b. By Guest’s participation in these activities and allowance for Visitors to participate in these activities and by signing Agreement, Guest agrees and acknowledges that Guest and Visitors are consenting parties to these activities and that they are aware of the risks of these activities. Guest and Visitors appreciate the nature of the risks and voluntarily assume those risks. c. Guest and Visitors must leave only footprints, and must not disturb wildlife. d. All children should be supervised during hiking.
17) Additional rules.
a. Guest and Visitors shall not hunt on the Property or use ATVs on the Property. Firearms and fireworks are also prohibited on the Property. b. Commercial photography/videography without prior written consent of Owner is not allowed. c. Illegal drugs or other illegal activity are not allowed on the Property; reports of illegal or highly disruptive activities (including, but not limited to, those that result in visitation by the local authorities) may result in the immediate termination of this Agreement with no refund to Guest. d. Guest must be 25 years old or older (“Rental Age”) to rent the Property. Persons of the Rental Age or older are not permitted to make reservations on behalf of persons under the Rental Age (including but not limited to parents, family members, or acquaintances booking for persons below the Rental Age). Guest must be present at the Property for the reserved dates.
18) Injuries and Theft.
Owner is not responsible for any injuries or theft that occurs during Guest’s reservation.
19) Release and Waiver of Claims.
ON BEHALF OF GUEST AND VISITORS, GUEST VOLUNTARILY AGREES TO RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND AND INDEMNIFY THE OWNER FROM ANY AND ALL CLAIMS, ACTIONS, OR LOSSES FOR BODILY INJURY, ILLNESS, PROPERTY DAMAGE, WRONGFUL DEATH, LOSS OF SERVICES, OR OTHERWISE THAT MAY ARISE OUT OF USE OF THE PROPERTY, THE STAY AT THE PROPERTY, PARTICIPATION IN OUTDOOR ACTIVITIES, AND ANY OTHER ACTIVITIES ON THE PROPERTY. GUEST AND VISITORS SPECIFICALLY UNDERSTAND THAT THEY ARE RELEASING, DISCHARGING, AND WAIVING ANY CLAIMS OR ACTIONS THAT THEY MAY HAVE PRESENTLY OR IN THE FUTURE FOR NEGLIGENT ACTS BY OWNER AND ITS AGENTS, OFFICERS, OR EMPLOYEES AND THEIR SUCCESSORS AND/OR ASSIGNS.
a. Full payment is required at time of booking. b. Additional fees (other than those charged as penalties or reimbursement for violations of the terms of this Agreement) include the following: i. Cleaning Fee: To ensure the housekeeping is compensated fairly and the Property is cleaned to high standards in a timely manner ii. Damage Waiver/Damage Deposit: Guest is provided choice of paying a non-refundable fee (Damage Waiver) to cover incidental damage to Property and contents or submit Damage Deposit that is fully refundable, but may have deductions determined by incidental damage to Property and contents. Terms of each provided to Guest at time of making reservation. iii. Lodging Taxes: Six Percent (6.0%) tax required by the county and township. Owner collects Lodging Taxes and pays these monthly on behalf of Guest.
21) Cancellations and Refunds.
a. Guest may cancel the reservation for any reason at any time prior to checking in. b. If Guest notifies Owner of cancellation more than thirty (30) days prior to check- in, Guest will receive a full refund minus payment service fees. Guest will also receive full refund minus payment service fees if Guest notifies Owner of cancellation within 48 hours of making reservation. c. If Guest notifies Owner of cancellation between fourteen (14) and twenty-nine (29) days prior to check-in, Guest will receive Fifty Percent (50.0%) refund. d. If Guest notifies Owner of cancellation less than fourteen (14) days prior to check-in, Guest shall receive no refund. e. Guest is encouraged to consider purchase of travel insurance to help protect against unexpected events that might impact Guest’s travel plans. f. Owner does not give refunds for temporary power outages or undesirable weather. Refunds for such issues will only be given if the power is out for the entire duration of Guest’s reservation (provided such outage is not caused by Guest or Visitors) or if there is a Level 3 snow emergency for the county in which the Property is located. g. Malfunction of mechanicals/equipment/conveniences: Owner does not give refunds or allow cancellations for the malfunction of mechanicals/equipment/conveniences, including but not limited to the hot tub, televisions, internet and/or cell phone service, or appliances. If one of these items should malfunction during Guest’s reservation, Owner will use commercially reasonable efforts to fix the issue during Guest’s reservation, provided that Guest notifies Owner of such issues.
22) Owner Entry.
Certain needs or emergencies may require an agent of Owner to enter the Property during Guest’s reservation. If such a situation arises, Owner will attempt to provide as much notice as practicable to Guest that someone will be entering the Property.
23) Indemnification and Attorneys’ Fees.
If Guest violates any provision of this Agreement, then, in addition to being subject to all other remedies, liabilities, and obligations imposed upon Guest for such violation under this Agreement or under any applicable law, Guest shall indemnify Owner against any and all liabilities, losses, damages, claims, costs, and expenses of any kind whatsoever relating to or arising out of or by reason of any such violation (including, without limitation; legal fees and other costs and expenses of prosecuting or defending claims or controversies, whether litigated or unlitigated; and interest on any such liabilities, losses, damages, claims, costs, and expenses from the date paid at the prime rate plus two percent (2.00%)).
Guest shall not assign any rights or obligations under this Agreement without the prior written consent of Owner. Guest may not sublease the Property. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. No amendment to this Agreement is effective unless it is in writing and signed by each party. This Agreement, including any exhibits, constitutes the sole and entire agreement of the parties with respect to the subject matter contained herein. All rights and remedies provided in this Agreement are cumulative and not exclusive, and the exercise by either party of any right or remedy does not preclude the exercise of any other rights or remedies that may now or subsequently be available. Guest and all Visitors are jointly and severally liable for damages at the Property and damages resulting from violations of this Agreement. This Agreement (and all exhibits), and any issues arising out of it, are governed by the laws of Ohio, and any litigation or proceeding shall be brought in the state or federal courts located in Hocking County, Ohio or Vinton County, Ohio, dependent upon location of reserved Property.