Rental Agreement

PAYMENT An advance payment equal to 50% of the rental rate is required 60 days before arrival. The advance payment will be applied toward the rent. Please make payments via credit card or personal checks payable to Raymond Patschke. The advance payment is not a damage deposit. The BALANCE OF RENT is due fourteen (14) days before your arrival date.

ASSUMPTION OF RISKS, RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND INDEMNITY AGREEMENT

In consideration, the sufficiency of which is acknowledged, of being granted permission upon our specific request to visit 98 Island Dr., Unit #26, Building 5, Horseshoe Bay, Texas (collectively the PROPERTY) and to use personal property and other rights related thereto and other good and valuable consideration, we, the undersigned, hereby agree as follows: 1) WAIVER: We knowingly, freely and voluntarily, for ourselves, as well as our heirs, personal representatives, guests, sucessors and assigns, WAIVE any claim or cause of action of any kind whatsoever from which any liability may or could accrue to Raymond & Jan Patschke, (collectively the OWNERS), and their respective heirs, sucessors and assigns that arises out of or relates to visiting or using any of the PROPERTY. We assume all risks of injury to ourselves, our guests, and to our personal property, while visiting or using any of the PROPERTY, as well as in connection with any activities in which we participate during our visit. We intend to waive any and all claims that we have or may have in the future against Owners, in any action arising out of, relating to or in connection with our visit to or use of any of the PROPERTY, whether of actual damages, exemplary or punitive damages, consequential damages or otherwise. We intend for the scope of the waiver and assumption of risks in this paragraph 1, as well as paragraphs 27 below, to be interpreted in the broadest possible manner and to be enfroced to the full extent permitted under the law. 2) USE OF HOME AND PERSONAL PROPERTY: We will be responsible and liable for all damages, bodily injury and death that may occur in connection with our visit to or use of the PROPERTY and caused by but not limited to use of appliances (stoves, ovens, fire pits, propane grills, and all other appliances), pool, spa, vehicle, golf cart, or any other PROPERTY. We understand that the PROPERTY may be situated near a body of water, or on a high-floor and may include terraces, balconies, windows, stairs, low railings, and swimming pools and hot tubs without lifeguards. We understand the risks, and will be responsible and liable for damages, bodily injury and death caused to ourselves and any other persons visiting the PROPERTY as our guest. 3) CARE OF PROPERTY: We acknowledge and agree that we will be responsible and liable for any lost, broken , or stolen porperty and for any damages to the PROPERTY during our stay, including acts by us or any of our guests. We agree not to smoke or allow our guests to smoke inside the PROPERTY. We understand that no pets are allowed at the PROPERTY. We understand that we are responsible for our personal property if lost, stolen, damaged, or left behind in the PROPERTY. 4) REASONABLE USE: We agree to only use the PROPERTY as a private vacation residence. We agree not to allow the PROPERTY to be used for any imporper or illegal purposes. We agree to abide by the rules, regulations, terms and conditions of the community where the PROPERTY is located and to refrain from any activity that interferes with the quiet enjoyment of its residents. We further agree to abide by any and all applicable laws and ordinances of the jurisdiction where the PROPERTY is located. 5) RELEASE OF LIABILITY: To the maximum extent permitted un the law, WE RELEASE FROM ANY AND ALL LIABILITY the OWNERS for any loss, damage, injury, or expense that we may suffer, or that our family or guests may suffer, as a direct or indirect result of use of any of the PROPERTY and due to any cause whatsoever, INCLUDING WITHOUT LIMITATION: NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OR CARE THAT MIGHT BE OWED BY ANY OF THE OWNERS PARTIES. This release is intended to be interpreted in the broadest possible manner and to cover any claims or allegations, based on any alleged act or omission of any of the OWNERS PARTIES, regardless whether any of the OWNERS PARTIES is alleged to be negligent or otherwise to have failed to exercise a required standard of care and regardless whether the act or omission is currently know or unknown to us. 6) SEVERABILITY: If any provision of this Agreement is found to be unenforceable or invalid as drafted, we intend for the remainder of this Agreement to be enforceable and for the unenforceable or invalid provision to be reformed so that it is enforceable undr the law and will be enforced to the full extent that the law allows. 7) INDEMNIFICATION & COSTS: We agree to protect, defend, indemnify and hold harmless the OWNERS PARTIES against any and all liabilities, damages, claims, suits, causes of action, judgments, losses, costs, expenses, attorneys fees, and other amounts ( including without limitation, damages for bodily injury, sickness, disease, and death and damages to real property or personal property) arising out of , related to , or in connection with any act or omission by us or our guests. In addition, if any court action or other legal proceeding is commenced or continued as a result of our breach of this Agreement, we shall be responsible for all costs, including reasonable attorneys fees, that any of the OWNERS PARTIES may incur in connection with the action or proceeding. 8) GOVERING LAW: This agreement shall be governed exclusively by the laws of Texas. We agree and hereby submit vonluntarily to the personal jurisdiction and venue of the federal and state courts San Antonio, Texas, which shall be the exclusive forum for resolving any disputes arising out of or relating to this Agreement.

Damage / Reservation Deposit - 50% of the total rental amount plus the Property Damage Protection Fee is required at the time of booking. The 50% deposited acts as your reservation deposit, although it is refundable, it is subject to the Cancellation Policy. There is no Security/Damage deposit. The $49 Property Damage Protection Fee is the premium payment for the guests security/damage protection insurance policy activated upon guests arrival. The policy protects the guest for up to $3000 in property damage or losses. The guest will receive an email conformation from the insurance provider CSA Travel Protection confirming the insurance before arriving at the condominium. The renter remains liable for damages or losses over the insurance amount of $3000.
CANCELLATIONS - A forty five (45) day notice is required for cancellation. Cancellations that are made more than forty five (45) days prior to the arrival date will incur no penalty. Cancellations or changes that result in a shortened stay, that are made within 45 days of the arrival date, forfeit the full advance payment and reservation deposit. Cancellation or early departure does not warrant any refund of rent. MONTHLY RESERVATION CANCELLATIONS Monthly renters must cancel one hundred twenty (120) days prior to check-in. Monthly renters who make a change that results in a shortened stay must be made at least ninety (90) days prior to check-in. MAXIMUM OCCUPANCY The maximum number of guests is limited to six (6) persons. An additional charge or $10.00 per person per night for guests in addition to six (6) will be assessed. MINIMUM STAY This property requires a two (2) night minimum stay. Three (3) night minimum stays may be required during holiday periods. If a rental is taken for less than two days, the guest will be charged the Holiday rate. HOUSEKEEPING SERVICE While linens and bath towels are included in the unit, daily maid service is not included in the rental rate. However, it is available at an additional rate. We suggest you bring beach towels. We do not permit towels or linens to be taken from the units. A $150 cleaning fee is required at time of booking the reservation. RATE CHANGES Rates are subject to change without notice until reservations are confirmed. FALSIFIED RESERVATIONS Any reservation obtained under false pretense will be subject to forfeiture of advance payment, deposit and/or rental money, and the party will not be permitted to check in. WRITTEN EXCEPTIONS Any exceptions to the above mentioned policies must be approved in writing in advance. PARKING PASSES Covered Parking space 12 belongs to this unit. The Parking pass is located inside the unit. Renters must display parking pass on the rear view mirror at all times. Failure to display may result in towing of vehicle at renter's expense. Leave the parking pass inside the unit upon departure. HURRICANE OR STORM POLICY No refunds will be given unless: - The state or local authorities order mandatory evacuations in a "Tropical Storm/Hurricane Warning area" and/or - A "mandatory evacuation order has been given for the Tropical Storm/Hurricane Warning" area of residence of a vacationing guest. - The day that the authorities order a mandatory evacuation order in a "Tropical Storm/Hurricane Warning," area, we will refund: - Any unused portion of rent from a guest currently registered; - Any unused portion of rent from a guest that is scheduled to arrive, and wants to shorten the stay, to come in after the Hurricane Warning is lifted. - Any advance rents collected or deposited for a reservation that is scheduled to arrive during the "Hurricane Warning" period.