Short-Term Rental Agreement

by and between the Parties: Tenant: (as identified by this reservation) Owner: The Audrey M. Smith Trust and regarding the short-term vacation rental property located at: 300 Ferry Street Saugatuck, Michigan 49453 1. TERM: The Rental Term will commence at 3:00 pm on the Date of Arrival and terminate at 10:00 am on the Date of Departure, as noted in this reservation. NO Late Departures or Early Check-ins are permitted, to allow time for the cleaning crew to properly prepare the property for rental. 2. SMOKING POLICY: This is a NON-SMOKING property. Violators will be assessed $500 against the Security / Damage Deposit or Credit Card on file upon vacating the property if it is determined, in Owners sole discretion, that Tenant or Tenants guests smoked inside the property, or failed to properly discard butts or smoking debris in ash trays and/or trash cans provided outdoors. 3. PET POLICY: Pets and other animals are not permitted in the property under any conditions whatsoever. Violators will be assessed $500 against the Security / Damage Deposit or Credit Card on file upon vacating the property if it is determined, in Owners sole discretion, that Tenant or Tenants guests allowed pets or animals inside the property at any time during the Term. 4. MINIMUM AGE REQUIREMENT- Vacationing students or singles under 25 years of age are not eligible to rent the property unless accompanied at ALL times for the duration of the Term by an adult guardian or parent who serves as the Responsible Party for purposes of this Agreement. the 5. UNITS - During the Term, Tenant desires to occupy, and Owner agrees to lease, the unit(s) identified in Reservation Request described as follows: o The Manor House Max 14 persons o Cottage #1 (The Pavilion) Max 4 persons o Cottage #2 (The Allegan) Max 2 persons o Cottage #3 (The Monarch) Max 4 persons Access to the aforementioned living quarters is governed by an electronic locking system. Tenant will be provided an access code which will activate at 3pm on day of arrival, and disarm at 10am on day of departure. This code will also grant access to the common area facilities, including the basement/laundry room and the Rec Room. 5. PAYMENTS The Gross Rental Rate for the Term is as stipulated on the Rental Invoice, a copy of which has been provided to Tenant. A Reservation Deposit equal to 50% of the Gross Rental Rate, optional services such as the Linen Package rental, Accidental Rental Damage Insurance Premium, Travel Insurance premium, Private Chef and/or Massage Therapy services PLUS ALL APPLICABLE LOCAL TAXES (calculated as 8% on the Gross Rental Rate and remitted upfront) is required at time of booking. Reservations are not guaranteed until the Reservation Deposit has been received by Owner. In addition, the remaining balance of the Gross Rental Rate (plus the cleaning fee, if applicable) is due in our office not later than Thirty Days Prior to check-in. For purposes of this Agreement, we do not accept partial payments from multiple parties towards a large group reservation, and require a single party to be the Principal Tenant. We will only accept a single remittance from the Principal Tenant, and will bill all supplemental charges or refunds (if any) to that individual. Prior to check-in, we must also collect a $1500 Refundable Security Deposit, to protect Owner against damages to the property, theft, or other harm. This deposit must be tendered along with the final remittance not less than thirty days prior to arrival. ALTERNATIVELY, we offer Accidental Rental Damage Insurance, provided thru Guardian Insurance, which obviates the need for the posting of a Security Deposit. This shortterm policy is available for purchase for $45 as a part of the booking process. All payments should be made payable in good funds to (Owner) The Audrey M. Smith Trust, either by cash, check or U.S. money order, or credit card. Our remittance address is: 606 Riders Trail Austin, TX 78733 The Reservation Deposit is not a damage deposit, but a down payment on the actual rental, and is deemed remuneration for taking the property off the rental availability market. The Reservation Deposit is not
REV12012012 P a g e |1

refundable, other than under specific conditions governed by our Cancellation Policy which is enumerated on each rental invoice. 6. DEPOSITS - If Tenant elects to post a Damage/Security Deposit by check or money order, it may NOT applied toward rent; however, it is fully refundable within twenty-one (21) days of departure, provided the following provisions are met: a. No intentional damage is done to property or its contents, beyond normal wear and tear, and all inventoried items remain in the property and in good working condition. Specialized cleaning, item repair or replacement charges will be billed at actual cost, plus a $100 minimum service fee WHICH MAY BE WAIVED if Tenant notifies Owner prior to departure of such damage or loss. UPON DEPARTURE all debris, rubbish and discards are to be placed in trash receptacles; soiled dishes are washed in the dishwasher (or cleaned) and returned to their proper storage location; all consumables are replenished, hot tub is left clean and without damage, and all laundry (i.e. kitchen towels, etc.) is laundered. The property is left locked (ie all doors AND windows) and secure. Thermostats should all be left at 60 degrees (9/15-4/15) and 74 degrees (4/15-9/15), with all lights and major appliances turned off. Property furnishings including mattresses, furniture, carpets, bed linens and/or pillows that are missing, soiled or damaged beyond repair will be charged at full replacement cost to the Security/Damage deposit or Credit Card on file in addition to a minimum $50 handling fee. NO early check-in or late check-out. Late checkouts will be assessed $150 per hour (or fraction thereof) past 10 am the scheduled day of departure. Tenant is not cited, fined or evicted by local law enforcement, Owner or Owners Representative. Any tickets, citations, warnings or fines imposed upon Tenant, their guests, or the property during the Term are the sole responsibility of Tenant. Any loss of use by Owner as a direct result of Tenants actions will result in forfeiture of the Security Deposit and Owner reserves the right to pursue all other legal remedies and collection of damages.

b.

c. d. e. f.

The above provisions are applicable even if ARDI policy was purchased, and such (non-accidental) damages, misappropriations, or incidental charges may be assessed against the credit card on file. 7. LINENS / LAUNDRY / MAID SERVICE / LOST ITEMS - A portable crib is available for use by infants, but crib linens are not provided. While blankets/comforters and pillows are provided in the property, bed sheets, pillowcases and kitchen/bathroom towels are not. We recommend bringing your own, or renting from a third-party vendor. Bed size information can be found on our primary website (www.GreatLakesManor.com). Optionally, we offer a linen package including high threadcount Egyptian Cotton sheets, pillow cases, and bath towel sets for each registered guest, along with a kitchen towel package. This package is available for $15/person per stay, pre-paid. The linen package is provided to entire groups only. Tenant will indicate their acceptance or rejection of the optional Linen Package during the Booking Process. This amount will be added to the Reservation Deposit and is paid up front. Changes in number of guests after this initial declaration are the sole responsibility of the Tenant. Owner may or may not be able to accommodate increases to the stated quantities unless notified at least seventy-two hours in advance of arrival. A decrease in number of guests, or unused linens, will not result in a refund. Daily maid service is not included in the rental rate, but can be arranged upon prior request for an additional fee. Please contact us AT LEAST thirty days prior to your arrival for arrangements. Tenants must supply their own Beach Towels for use at the beach. Linens provided in the linen package are to NOT leave the property. Linens damaged beyond repair will be billed at full replacement cost plus a $50 handling fee to the Credit Card or Security/Damage deposit on file. Personal sheets, towels, and other items must be removed from the property prior to departure, and all beds must be made up neatly with blankets/pillows, etc. Owner is not responsible for items left behind, however will make reasonable attempt to locate such item(s) and return them to Tenant at Tenant's expense. All tenants have full access to washer/dryer in the basement during their stay: it is not just for the exclusive use of the Manor House tenants. Detergent and fabric softener is also provided. To reduce the risk of fire hazard, be sure to clean the dryer lint screen after each load! Tenants will be assessed for damaged or missing furnishings as noted above.

REV12012012

P a g e |2

8. SERVICE CALLS / LOCKOUTS - During the Term, should Tenant require lock-out assistance requiring an onsite visit from one of our staff, or if thru neglect, abuse, or intentional act Tenant causes damage to the property (including but not limited to electrical, plumbing, security, HVAC, flooring, doors/windows or appliances), OR FAIL TO REMOVE HOUSEHOLD TRASH upon departure, thereby requiring one of Owner's staff or sub-contractors to make a service call to repair such item and/or restore the property to its normal operating condition, Tenant shall be liable for the full cost of such repair and service call, plus a $50/hour handling fee for each staff member present during the repair or reconditioning of the property. 9. CANCELLATIONS Reservation Deposits are NOT REFUNDABLE. Cancellations, early departures or changes which result in a shortened stay made after remittance of the Reservation Deposit, risk forfeiture of all monies paid towards fulfillment of this Rental Agreement. If personal circumstances suggest that cancellation might be a factor, we suggest purchasing Travel Insurance, available as an optional upgrade to protect you against unforseen sickness, injury, or situations that prevent you from achieving your vacation. 10. MAXIMUM OCCUPANCY / MINIMUM AGE - The maximum number of overnight guests in the home is limited to the stated occupancy for each structure including adults, children and infants. At least one of the Parties (identified below) is Twenty-Five years of age and shall be designated the legally Responsible Party for purposes of this Agreement. 11. RATE CHANGES - Rates are subject to change without notice, until the Reservation Deposit is received by Owner. Special promotional incentives announced after a booking deposit is made are not applicable to the existing reservation. 12. EARLY / LATE CHECKOUTS- Tenant shall be granted electronic keybox access to all areas of the property covered under this Agreement, for the defined Term. Due to the nature of our electronic access system, there can be no early or late checkouts, unless prior arrangements have been made in advance with Owner. Additional access hours may be purchased at least 72 hours IN ADVANCE at a reduced rate; otherwise each additional access hours (or fraction thereof) for any reason will be charged at $75/hour. 13. LOCKOUTS or MAINTENANCE CALLS - Lockouts (other than due to equipment malfunction) or Maintenance calls (to address issues caused by Tenant misuse, damage or neglect) requiring on-site service by Owner, Owner's agent, staff or sub-contractors during the Term will be charged at actual labor or material cost, plus a $75 service charge per incident. 14. FALSIFIED RESERVATIONS / FRAUDULENT PAYMENTS - Any reservation obtained under false pretense will be subject to forfeiture of ALL advance payments, deposits and/or rental fees, and the party will not be permitted to check-in. Owner reserves the right to lock OUT any Tenant who occupies the property under such false pretenses. Any payment which is not honored by Tenant's bank at FIRST presentment may result in immediate termination of the reservation and forfeiture of all monies paid. 15. PARKING - Plenty of off-street parking is available, however priority is reserved on the circular driveway and in front of the garage for guests at the Manor House, and spaces in the lot to the south of the Manor House are designed for guests staying in the Cottages. Parking is at your own risk, and Owner is not responsible for damage, theft, accidental or otherwise, sustained by guest vehicles. 16. JURISDICTION This Agreement, entered into by and between the Party/Parties, shall be governed by the laws of the State of Michigan. 17. ENTIRE AGREEMENT / WRITTEN EXCEPTIONS This Agreement sets forth the entire agreement between the parties, and all parties agree to be bound by the terms hereof. No oral modifications to this Agreement are permitted. Any exceptions, amendments or modifications to the Agreement must be approved by both parties in writing prior to the Term specified herein.
***

REV12012012

P a g e |3