This Rental Agreement and Contract (the “Agreement”) is a legally binding
agreement made and entered into as of the Reservation Date written below by
and between the undersigned person(s) or company (the “Guest”) and the
undersigned owner, (“Lucija House”), pursuant to which the
Guest has agreed to rent the residence described below (the “Property”), for the
duration of the Rental Term for the Total Rental Fee and other good and valuable
consideration as described herein.
Guest agrees that no more than [Max Guests] persons shall be permitted on the
Property at any time during the Rental Term, all of whom shall comply with the
conditions and restrictions imposed upon Guest under this Agreement.
CONDITION AND USE OF PROPERTY
The Property is provided in “as is” condition. Rental Agent shall use its best
efforts to ensure the operation of all amenities in the Property, such as internet
access, satellite or cable TV access or hot tubs, fireplaces as applicable. Rental
Agent shall not be held responsible for such items failure to work, but will make
every effort to correct any issues as reported as quickly as possible. Guest
acknowledges that use of amenities such as hot tubs, sauna, pools, gym, fireplaces,
decks, and the like may be potentially dangerous and involve potential risks if
improperly used, particularly with regard to children and such use is at the
Guest’s own risk.
Guest shall use the Property for residential purposes only and in a careful
manner to prevent any damage or loss to the Property. Guest and any additional permitted guests shall refrain from loud noise and shall not disturb, annoy, endanger, or inconvenience neighbors, nor shall Guest use the Property for any immoral,
offensive or unlawful purposes, nor violate any law, association rules or
ordinance, nor commit waste or nuisance on or about the Property.
If Guest should fail to comply with the conditions and obligations of this
Agreement, Guest shall surrender the Property, remove all Guest’s property and
belongings and leave the Property in good order and free of damage. No refund
of any portion of the Total Rental Fee shall be made and if any legal action is
necessary, the prevailing party shall be entitled to reimbursement from the other
party for all costs incurred.
ASSIGNMENT OR SUBLEASE
Guest shall not assign or sublease the Property or permit the use of any portion
of the Property by other persons who are not family members or guests of the
Guest and included within the number of and as permitted occupants under this
RISK OF LOSS AND INDEMNIFICATION
Guest agrees that all personal property, furnishings, personal affects and other
items brought into the Property by Guest or their permitted guests and visitors
shall be at the sole risk of Guest with regard to any theft, damage, destruction or
other loss and Lucija House shall not be responsible or liable for any reason
Guest hereby covenants and agrees to indemnify and hold harmless Lucija House and their agents, owners, successors, employees and contractors from and against any costs, damages, liabilities, claims, legal fees and other actions for any damages, costs, attorneys fees incurred by Guest, permitted guests, visitors or agents, representatives or successors of Guest due to any claims relating to destruction of property or injury to persons or loss of life sustained by Guest or family and visitors of Guest in or about the Property and Guest
expressly a grees to save and hold Lucija House harmless in all such cases.
Guest hereby waives and releases any claims against Lucija House, the Property
owner and their successors, assigns, employees or representatives, officially or
otherwise, for any injuries or death that may be sustained by Guest on or near or
adjacent to the Property, including any common facilities, activities or amenities.
Guest agrees to use any such facilities or amenities entirely at the Guest’s own
initiative, risk and responsibility.
ENTRY AND INSPECTION
Lucija House reserves the right to enter the Property at reasonable times and
with reasonable advance notice for the purposes of inspecting the Property or
showing the Property to prospective purchasers, renters or other authorized
persons. If Lucija House has a reasonable belief that there is imminent danger to
any person or property, Lucija House may enter the Property without advance
UNAVAILABILITY OF PROPERTY
In the event the Property is not available for use during the Rental Term due to
reasons, events or circumstances beyond the control of Lucija House, Lucija
House will apply due diligence and good faith efforts to locate a replacement
property that equals or exceeds the Property with respect to occupancy capacity,
location and value that meets the reasonable satisfaction of the Guest. If such
replacement property cannot be found and made available, Lucija House shall
immediately return all payments made by the Guest, whereupon this Agreement
shall be terminated and Guest and Lucija House shall have no further obligations
or liabilities in any manner pertaining to this Agreement.
ADDITIONAL TERMS TO THE RENTAL AGREEMENT
In addition to the standard terms included herein, Guest acknowledges and
agrees that the following additional terms and conditions apply to the Guest’s
rental of the Property:
This Agreement contains the entire agreement between the parties with regard to
the rental of the Property, and any changes, amendments or modifications hereof
shall be void unless the same are in writing and signed by both the Guest and
the Lucija House. This Agreement shall be governed by the laws of the
Commonwealth of Massachusetts. The words “Lucija House” and “Guest” shall
include their respective heirs, successors, representatives. The waiver or failure
to enforce any breach or provision of this Agreement shall not be considered a
waver of that or any other provision in any subsequent breach thereof. If any
provision herein is held invalid, the remainder of the Agreement shall not be
affected. Any notice required to be given under this Agreement shall be in writing
and sent to the contact information included herein. This Agreement may be
signed in one or more counterparts, each of which is
an original, but taken together constitute one in the same instrument.
Execution of a digital signature shall be deemed a valid signature.