Bearfoot Cabin Rental Agreement
SHORT-TERM RENTAL AGREEMENT
I. The Parties
This Short-Term Rental Agreement (“Agreement”) made on ________________ is Between the following:
__________ [and __________](each a “Tenant”; and collectively, the “Tenants”).
AND
STL Buying LLC (“Landlord”).
Landlord and Tenant(s) (“Parties”) agree to the following terms and conditions:
II. The Property
The Tenant(s) agrees to rent the residential dwelling described as a single-family home with a mailing address of ________________, Pinetop, Arizona 85935 (“Property”). The Property consists of 3 bedroom(s) and has 2 bathroom(s).
III. Furnishings
The Property shall be furnished by the Landlord. Landlord shall provide the following furnishings as part of this Agreement:
Master Bedroom – Including, but not limited to, a king bed frame and mattress, pillows, linens, 2 nightstands, 2 lamps, 2 clocks, storage bench, dresser, bear art and lighting fixture and other items that complete a bedroom set.
Master Bath – Including, but not limited to, towels, blow dryer, 4 forest themed art pieces and other items that complete a bathroom set.
Dining Room Set(s) – Including, but not limited to, 3 bar stools, dining table, bench, 4 dining table chairs, trash can and other items that complete a dining room set.
Kitchen – Including, but not limited to, refrigerator, oven/range, microwave, dishwasher, dishwasher pots, pans, baking pans, utensils, kitchen cutlery, blender, Keurig, drip coffee pot, Instapot, salad spinner, toaster, food processor, glass pitcher, spice rack, linens, cleaning supplies and other everyday items that complete a kitchen set.
Living Room Set(s) – Including, but not limited to, 3 couches, rug, 2 coffee tables, end table, coasters, Smart TV, TV Table, Armoire, mirror, 3 bear statues, bookshelf, miscellaneous books & games, metal bear art and other items that complete a living room set.
Laundry – Including, but not limited to, washer, dryer, iron, ironing board, drying rack, bench, laundry baskets, laundry sign, fire extinguisher and other items that complete a laundry room set.
Kids Room – Including, but not limited to, 2 bunk beds frames with 4 [twin/full sized] mattresses, pillows, linens, 2 nightstands, clock, lamp, dresser, animal tracks art and other items that complete a bedroom set.
Guest Room – Including, but not limited to, king bed frame and mattress, pillows, linens, 2 nightstands, 2 lamps, 2 clocks, dresser, metal mountain art and other items that complete a bedroom set.
Guest Bath – Including, but not limited to, towels, blow dryer, bear themed art and other items that complete a bathroom set.
Back Patio – Including, but not limited to, table, 6 chairs w/cushions, 2 club chairs w/cushions, 2 footrests w/cushions, end table, furniture covers and other items that complete a patio set.
Backyard – Including, but not limited to, fire pit w/6 chairs, furniture covers, hot tub & stairs, BBQ grill, propane tank and other items that complete a patio set.
Master Patio – Including, but not limited to, loveseat w/cushions, 2 club chairs w/cushions, coffee table, storage bench and other items that complete a patio set.
Garage/Game Room – Including, but not limited to, ping pong table with accessories, loveseat w/cushions, 2 club chairs w/cushions, coffee table, mortal combat video game, golden tee video game, bike rack, 4 adult bikes, 2 children’s bikes, sports balls, 2 space heaters, end table, extra propane tank and other items that complete a garage/game room set.
Front Patio: Including, but not limited to, love seat, 2 chairs and other items that complete a patio set.
IV. Parking
The Landlord shall provide parking as part of this Agreement in the form of 6 parking space(s). There shall be no fee for parking space(s). All parking shall be in the front wrap around driveway. There shall be no parking in the garage.
V. Period and Guests
The total amount of individuals allowed to stay at the Property for any period will be limited to 8 people. In addition, the Tenant(s) are allowed to have a total number of 8 Guests on the Property.
VI. Start and End Dates
The term of this Agreement shall begin ______, 2024 and end on ____________, 2024 (“Rental Period”).
The Tenant(s) shall be allowed to check-in at 04:00 PM on the date which the Rental Period commences and shall check-out no later than 11:00 AM on the date ending the Rental Period.
VII. Rent
Tenant agrees to pay the Landlord a rental fee for use of the Property during the Rental Period in the amount of $__________ (“Rent”). A deposit of 50% of the Rent will be due at the time Tenant(s) books the Property, the remainder of the Rent shall be due thirty (30) days prior to check-in.
VIII. Fees and Taxes
The Tenant(s) shall be responsible for the following fee(s):
Rental Tax of 7% - _________. A deposit of 50% of the Tax will be due at the time Tenant(s) books the Property, the remainder of the Tax shall be due thirty (30) days prior to check-in.
Cleaning Fee - $230. A deposit of 50% of the Fee will be due at the time Tenant(s) books the Property, the remainder of the Fee shall be due thirty (30) days prior to check-in.
Total Due at Booking $___________
Total Due thirty (30) days prior to check in $___________
IX. Security Deposit
The Tenant(s) shall be obligated to pay a security deposit in the amount of $500.00(the “Security Deposit”). This amount will be charged to the original payment method two (2) days prior to check-in. Subject to the terms of Section XIV of this Agreement, upon termination of this Agreement, Landlord shall return the Security Deposit within a reasonable amount of time in accordance with the laws of the State of Arizona (“State”).
X. Cancellation
If Tenant(s) cancels the reservation thirty (30) days prior to the start of the Rental Period, Landlord shall fully refund that portion of Rent that has been paid by Tenant(s) as of the date of cancellation. . If Tenant(s) cancels the reservation twenty(20) to twenty-nine (29) days prior to the start of the Rental Period, Landlord shall refund Tenant(s) fifty percent (50%) of the Rent that has been paid by Tenant(s) as of the date of cancellation. If Tenant(s) cancels a reservation less than Twenty (20) days prior to the start of the Rental Period, there will be no refund of the Rent that has been paid by Tenant(s) as of the date of cancellation.
XI. Pets
Under no circumstance shall the Tenant(s) be allowed to have any type of pet on the Property.
XII. Termination
Landlord has the right to inspect the premises with prior notice in accordance with applicable State laws. Should the Tenant(s) violate any of the terms of this Agreement, the Rental Period shall be terminated immediately and Tenant(s) will forfeit all Rent and Security Deposit paid. Tenant(s) waives all rights to process if they fail to vacate the Property upon termination for the Rental Period. Tenant(s) shall vacate the Property at the expiration time and date of the Rental Period under this Agreement.
XIII. Utilities
The Landlord shall be responsible for providing the following utilities during the Rental Period: Electricity, Internet, Oil/Gas, Trash Collection, Water and Sewer, HOA Fees, Landscaping, and Hot Tub Maintenance. All other utilities to be paid by the Tenant(s).
XIV. Maintenance and Repairs
The Tenant(s) shall maintain the Property in a good, clean, and ready to rent condition, and use the Property only in a careful and lawful manner. Tenant(s) shall leave the Property in a ready to rent condition at the expiration of the Rental Period, defined by the Landlord as being immediately habitable by the next tenants. Landlord shall pay for maintenance and repairs should the Property be left in a lesser condition.
Tenant(s) agree that the Landlord shall deduct from the Security Deposit prior to refund if Tenant(s) cause damage to the Property or its furnishings.
Tenant(s) agrees to notify the Landlord immediately if something breaks or gets damaged in order to allow adequate time to obtain a replacement.
XV. Trash
Landlord requires the Tenant(s) to use the following instructions for trash removal on the Property: All trash must be placed inside the bin next to the garage. Trash bin must be placed on the street Monday mornings before 7:00 AM. Trash bin must be removed from street no later than Monday at 6:00 PM. If trash is knocked/blown over it is the Tenant(s) responsibility to ensure all trash is collected from the area.
XVI. Subletting
Tenant(s) shall not be allowed to sublet the Property.
XVII. Quiet Enjoyment
The Tenants shall behave in a civilized manner and shall be good neighbors respecting the rights of the surrounding property owners. The Tenant(s) shall not create noise or disturbances likely to disturb or annoy the surrounding property owners. Creating a disturbance of the above nature shall be grounds for immediate termination of this Agreement and Tenant(s) shall then immediately vacate the Property.
Any and all noise must be kept to a minimum each night beginning at 10:00 PM.
XVIII. Smoking
Any and all forms of smoking shall not be permitted inside the Property. All smoking activities MUST occur off the Property.
XIX. Liability and Indemnification
The Tenant(s) and any person that may be a guest or invitee of Tenant(s) (each a “Guest” and collectively, “Guests”) shall hereby indemnify and hold harmless the Landlord and its members against any and all claims, demands, liabilities, losses, judgments and expenses, including reasonable attorneys’ fees, for any personal injury or property damage or loss arising from use of the Property regardless of the nature of the accident, injury of loss. Tenant(s) expressly recognizes that any insurance for property damage or loss which the Landlord may maintain on the Property does not cover that personal property of the Tenant(s), and that Tenant(s) should purchase their own insurance for Tenant(s) and Guest(s) if such coverage is desired.
XX. Attorney’s Fees
Tenant(s) agrees to pay all reasonable costs, attorney’s fees and expenses that shall be made or incurred by Landlord enforcing this Agreement.
XXI. Use of Property
Tenant(s) expressly acknowledges and agree that this Agreement is for transient occupancy of the Property, and the Tenant(s) do not intend to make the Property a residence of household.
XXII. Shortened Stays and Conditions
There shall be no refunds of Rents due to shortened stays or ruined expectations because of weather conditions.
XXIII. Firearms
Only legally owned and permitted firearms shall be allowed on the Property in accordance with State and local laws.
XXIV. Fireworks
The Tenant(s) agree that fireworks and other hazardous materials may not be used in or around the Property.
XXV. Illegal Use
Tenant(s) shall use the Property for legal purposes only and other use, such as but not limited to, illegal drug use, abuse of any person, harboring fugitives, etc. shall cause termination of this Agreement with no refund of Rents or deposits.
XXVI. Fire Alarms
Tenant(s) must notify the Landlord without delay if a fire alarm or carbon monoxide alarm “chirps” or has a low battery condition.
XXVII. Access to Property
There shall be a code assigned on the day of arrival which will grant access to the front door only. The code will be removed at 11am on the day of departure.
XXVIII. Possessions
Valuable items left behind by Tenant(s) will be held by Landlord and Landlord shall use reasonable efforts to contact Tenant(s) in order coordinate the safe return of such item(s). If items are not claimed within six (6) months of the expiration of the Rental Period, they shall become the property of the Landlord. Landlord shall not be held liable for the condition of said items left by Tenant(s). Tenant(s) agree that it shall be responsible for any costs incurred by Landlord associated with returning such item(s).
XXIX. Landlord’s Contact
In the event the Landlord needs to be contacted immediately, the Tenant(s) shall use the following:
Telephone: (480)751-7999 – Call or Text
E-Mail: PinetopForestViews@gmail.com
XXX. Governing Law
This Agreement is governed by, interpreted under, and construed and enforceable in accordance with the laws of the State. .
XXXI. Lead-Based Disclosure
It is acknowledged by the Parties that a Lead-Based Paint Disclosure is not required per federal law.
XXXII. Severability
In the event any provision or part of this Agreement is found to be invalid or unenforceable, only that particular provision or part so found, and not the entire Agreement, will be inoperative.
XXXIII. Additional Terms and Conditions
In addition to the language stated in this Agreement, the Parties agree to the following:
· Please treat our house with the same respect as you would your own home. We’ve put a lot of effort into making this into a lovely space to be enjoyed by our guests.
· Prior to check out please review and complete all items in the Guest Book on the page: Arrival & Departure Information.
· In case of any accidental damage, we’ll look into the issue internally to decide if and how much the deduction or repair cost will be. Damage incurred, other than normal wear and tear, will be deducted from the Security Deposit. .
· We understand that accidents happen and ask that you notify us if one does, so that we may take immediate action to replace the item for our next guest.
· If something spills, please use the cleaning items in the laundry room and clean it right away to avoid a stain and additional cleaning charges.
· We hope you have lots of laughter and fun times during your vacation! However, we’d really appreciate it if you’re mindful and keep noise to a minimum during nighttime hours. Pinetop Quiet Hours are from 10pm-7am. (Violations can result in an immediate eviction)
· We love your fur babies but please no pets of any kind, this is due to an allergy in the family. (Violations can result in an immediate eviction)
· No smoking of any kind inside the cabin or on the decks as the smoke may drift into the house. (Violations can result in an immediate eviction)
· Towels are in the master linen closet.
· No parties. (Violations can result in an immediate eviction)
· If you use the Fire Pit or Fireplace please ensure that the key is used to turn the gas all the way off before you retire for the night.
· Make sure the gate in the back yard is closed so no animals wander in.
· Do not move any of the furniture, inside, outside or in the garage.
· Feel free to use any of the toys in the garage just make sure they are put back each night and before you check out. The power button to the video games is on the wall right next to the garage door opener. Please make sure you turn them off after you are done playing.
· We require you to wear a bike helmet if riding the bikes. Usage of the bikes is at your own risk; owners will not be held responsible for any accidents that happen while bikes are being used.
· There are two space heaters in the garage for use during the colder months, please make sure that you turn them off before retiring for the night and unplug them before you check out.
· Some of the cabinets in the garage are locked, please do not attempt to open them. There really isn’t anything exciting in them, mainly items for the cleaners.
XXXIV. Entire Agreement
This Agreement together with any attached addendums or disclosures shall supersede any and all other prior understandings and agreements, either oral or in writing, between Parties with respect to the subject matter hereof and shall constitute the sole and only agreements between the Parties with respect to the said Property. All prior negotiations and agreements between the Parties with respect to the Property hereof are merged into this Agreement. Each Party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any Party or by anyone acting on behalf of any Party, which are not embodied in this Agreement and that any agreement, statement or promise that is not contained in this Agreement shall not be valid or binding or of any force or effect.
Tenant(s) acknowledges and agree that they have read this Agreement and understand the terms herein. Tenant(s) understands and acknowledge that by signing below they are agreeing to abide by the terms of this Agreement.
Bearfoot Cabin Hot Tub Waiver
Hot Tub Waiver
PLEASE READ CAREFULLY. BY SIGNING THIS DOCUMENT, YOU CHOOSE TO WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.
I wish to utilize the property’s hot tub facilities during the length of stay at the Property. By using the hot tub at the Property, I recognize and fully understand certain things, including:
• At no time is there a lifeguard on duty, I/We (the Tenant(s)) are responsible for the safe operation of the hot tub and are responsible for all persons using the hot tub during your stay.
• My use of the hot tub facilities during my stay involves certain risks, including, but not limited to:
1. The risk of injury resulting from possible malfunction of the hot tub equipment;
2. The risk of injuries resulting from tripping or falling over obstacles in the hot tub area;
3. The risk of injuries resulting from unsupervised swimmers;
4. The risk of other injuries resulting from participating in any action in the hot tub.
• I recognize and fully understand that the above list is not a complete or exhaustive list of all possible risks; the list only provides examples of types of risks that I am assuming.
In exchange for the Landlord allowing me to utilize the hot tub and area during my stay, I hereby agree to the conditions below. I fully intend and choose to give up the legal rights, as stated below:
1. TO WAIVE ANY AND ALL CLAIMS that I have or may have in the future against the Landlord, its directors, officers, members, employees, agents, or representatives (hereinafter referred to as the “Releasees”) relating to my use of the hot tub and hot tub area;
2. TO RELEASE THE RELEASEES from any and all liability for any loss, damage, injury, expense, or other cost that I may suffer or that any party staying at or visiting the Property during the Rental Period may suffer in connection with the use of the hot tub or hot tub area to any cause whatsoever, INCLUDING NEGLIGENCE ON THE PART OF THE RELEASEES;
3. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability to property, or personal injury to, any third party, resulting from the use of the hot tub or hot tub area;
4. That I am over the age of 18 and that I am responsible and will adhere to all the rules of the Property; and
5. That this Waiver, Release, and Agreement is fully effective and shall be effective and binding upon me, and my heirs, next of kin, executors, administrators, and assigns, or anyone else authorized to act on my behalf or on behalf of my estate.
I have read and understood this document. I am aware that by signing this document, I am waiving certain legal rights that I may have against the Releasees, and I fully agree to do so.
HOT TUB GUIDELINES:
· You are using the Hot Tub at your own risk.
· Pregnant women, persons with heart disease, diabetes or high blood pressure problems and elderly people should not use a Hot Tub without a doctor’s permission.
· We do not advise children to use the Hot Tub . In the event that you allow a minor to use the hot tub, they must be supervised at all times.
· Children under the age of 4 may not use the Hot Tub.
· All persons using the Hot Tub must shower before and after use.
· Hot Tub temperatures cannot by law exceed 104 degrees. Do not use a Hot Tub if the water temperature is more than 104 degrees Fahrenheit.
· The high-water temperature in a Hot Tub will accelerate drowsiness if a person has consumed alcohol or is taking drugs, increasing the risk of drowning.
· Never use the Hot Tub alone.
· Limit time in the Hot Tub to no more than 30 minutes.
· No glass products whatsoever in or around the Hot Tub .
· After each use and Prior to check out Tenant(s) will need to add 1 scoop of the Non-Chlorine to the Hot Tub . This is located at the steps of the Hot Tub.