SHORT TERM RENTAL AGREEMENT

This Short Term Rental Agreement (this “Agreement”) is for the rental of the vacation rental property specified in a confirmed reservation (the “Property”). This Agreement is between the owner of the Property (the “Owner”) and the person booking the rental of the Property (“Guest” or “you”). 

By booking your rental of the Property with GuestSpaces, LLC, a Texas limited liability company (“Manager”), you acknowledge that you have read and understood, and agree to be bound by, all of the following terms, conditions and policies:

1. Short-term Rental. Owner agrees to rent to Guest the Property, including all amenities specified in the listing for the confirmed reservation (the “Listing”), for the Rental Period. The Rental Period begins at the check-in time shown on the Listing on the date specified in the confirmed reservation, and ends at the check-out time shown on the Listing on the date specified in the confirmed reservation, unless early check in and / or late check out has been approved and confirmed in writing by Manager.

2. Rental Party. You agree to be an occupant of the Property for the entire Rental Period. You are permitted to invite additional persons up to the maximum number of persons specified in the Listing, provided all other occupants must be family members, friends, or other responsible adults. Minors and all persons under the age of 25 years must be accompanied by a parent or legal guardian at all times. You agree to be solely responsible for the actions of all occupants present at the Property at any time during your stay, and to ensure that all occupants understand and comply with the terms of this Agreement. You agree to provide a copy of a valid driver’s license or state-issued ID to Owner or Manager upon request. 

3. Rent, Deposit & Fees. You authorize Manager to bill the credit card on file for all rent, deposits and fees. You represent that you are the account holder or an authorized user of the account for the credit card on file. 

    1. Rent. The rental rate is as shown on the Listing at the time of booking. No adjustments will be made once the Property is booked. 
    2. Booking Deposit. A deposit of 40% of the total booking value is due at the time of booking. This is separate from the security deposit.
    3. Security Deposit. The deposit amount is as shown on the Listing at the time of booking and shall be withheld if there is damage to the Property or check out procedures are not followed. This is an authorization on the credit card and is charged 72 hours prior to arrival and released 96 hours after departure, pending inspection of the property.
    4. Cleaning Fee. A one-time cleaning fee will be charged along with the rent. This fee is to cover the cost of cleaning the Property after the Rental Period, and Guest understands that there is no maid or daily housekeeping service provided, unless a mid-stay housekeeping service is purchased by Guest and confirmed in writing by Manager. Guest must maintain the Rental Unit at all times in a good and tidy condition. Additional cleaning fees may be charged if we incur additional expenses due to the Guest leaving the property in an unreasonably dirty state. If any linens are stained, damaged, or removed from the Property, the credit card on file will be charged to cover the cost of replacing such items. 
    5. Cancellation Fee. The cancellation policy for the Property is shown on the Listing. If you wish to cancel your reservation, you must do so using the same platform on which the booking was made. Guest will be charged a cancellation fee according to the cancellation policy shown on the Listing. 
    6. Accidental Damage Waiver. If indicated on the Listing, an accidental damage waiver fee will be charged. The accidental damage waiver fee is charged to assist in offsetting the cost and expense of Owner’s and Manager’s property and casualty coverage. This coverage is solely for the protection of Owner and Manager, and neither Guest nor any of Guest’s invitees are beneficiaries, insureds, owners, third-party beneficiaries, or otherwise under these policies.
    7. Payment Method; Credit Card Surcharge. Guest must provide a valid credit card issued by VISA, MasterCard, American Express, or Discover, to be kept on file for fees and charges payable under this Agreement. 
    8. Payment Schedule. Payments are due as indicated on the Listing. Reservations will be automatically terminated if payments are not made on or before the due date indicated on the Listing.
    9. Damages. You authorize the credit card on file to be charged for: (i) any damage or loss that occurs at the Property during your stay; (ii) a charge of up to $1,000.00 for violations of the pet policy; (iii) an additional cleaning fee of up to $500.00 or the actual cost of cleaning services, whichever is greater, for violations of any of the Rental Rules set out below, or for excessive cleaning required to remediate the Property after your stay; (iv) any fines issued by the police, other governmental authorities, utility providers, or homeowners associations for violations of any law, ordinance, or rule during your stay, together with any damages resulting from such violations.
    10. Other Fees. Additional fees set out in this Agreement, including but not limited to late check-out fees and fees charged for failing to follow the check-out procedures outlined below, may be charged to the credit card on file. 

4. Rental Rules. Guest agrees to strictly abide by the Rental Rules at all times while on the Property and will ensure that all members of the Rental Party, and any invitees of Guest or any members of the Rental Party, are aware of and comply with the Rental Rules. If any of the Rental Party fails to comply with the Rental Rules, Owner may evict Guest and retain all deposits and rents previously paid, charge additional fees to the credit card on file, and sue for damages. and The Rental Rules are as follows: 

    1. No Smoking. NO SMOKING OR VAPING is allowed on the Property.
    2. Criminal Activity Prohibited. No member of the Rental Party may engage in any illegal or unlawful activities while on the Property, nor may they commit any of the following: engaging in any criminal conduct; behaving in a loud or obnoxious manner; disturbing or threatening the rights, comfort, health, safety or convenience of others or neighbors; possessing a controlled substance or drug paraphernalia; engaging in or threatening violence; possessing a gun or knife or any weapon prohibited by the State of Texas; or allowing the presence of any hazardous materials (including but not limited to fireworks) to be on the Property.
    3. Supervision of Minors. Any person under the age of 21 years must be accompanied and supervised by a parent or legal guardian at all times.
    4. Pets. NO PETS are allowed on the Property unless otherwise stated in the Listing, pet fee has been paid by Guest, and request has been approved and confirmed in writing by Manager.
    5. Emergencies. Guest is solely responsible for any injuries, deaths, or property damage. In the event there is a dangerous situation, injury, accident, damage, or other emergency or if there is a fire, crime, or other possible threat to the Property or a member of the Rental Party, Guest must immediately call 911 if appropriate, and then promptly contact Manager. 
    6. Use of Furnishing and Equipment; Use of Fireplace Prohibited. All appliances or supplied equipment must be used only for their intended normal use and in accordance with their proper and safe operating procedures and any manufacturer’s guidelines. Guest will keep the Property and all furniture, furnishings, appliances, and supplied equipment clean and in good working order. When finished with each use of any appliance or supplied equipment it must be promptly turned off, cleaned, and properly stored. If any furniture, either inside or outside the house, is rearranged and not replaced in its original arrangement, the credit card on file will be charged a $150.00 fee. Fireplaces, if any, are not to be accessed by Guest under any circumstances. Fireworks are not permitted anywhere on the Property.
    7. Pool / Spa / Water Access. If the Property includes a pool or spa, or if there is access to a lake or other water feature, Guest is solely responsible for ensuring that all access gates and other safety equipment to the pool, spa, or water feature, if any, are closed and properly locked. Guest is solely responsible for ensuring that all persons using the pool, spa, or water feature are behaving in a safe manner. Under no circumstances should a person under 21 years of age be allowed to use the pool, spa, or water feature unless accompanied and supervised by a parent or legal guardian at all times. If the pool or spa is equipped with a heater and Guest wishes to use such heater, Guest must notify Manager in writing 48 hours in advance of the Rental Period and pay any fees associated for heating the pool or spa as indicated in the Listing. Use of the pool, spa, or water feature is strictly prohibited between the hours of 10 pm and 8 am.
    8. Water and Sewer / Septic. DO NOT FLUSH ANYTHING OTHER THAN TOILET PAPER. No feminine products may be flushed at any time. Excessive water use, such as letting water run while not being immediately used, is prohibited.
    9. Noise. Outside noise must be kept to a minimum at all times. No loud or inappropriate music is permitted at any time. Use of outdoor spaces and amenities is strictly prohibited between the hours of 10 pm and 8 am. If a noise violation is reported or if a fine is imposed during the Rental Period your credit card will be charged for the amount of such fine. Any justifiable complaint received from another property owner or governmental authority will be considered a violation of the Rental Rules. 
    10. Parking. All members of the Rental Party must comply with the applicable parking rules as specified in the Listing and in the check-in instructions delivered to Guest 48 hours prior to the beginning of the Rental Period.
    11. Personal Property. Guest is solely responsible for securing the personal belongings or valuables of the Rental Party. Neither Owner nor Manager is responsible for the loss of any such personal belongings or valuables.
    12. Check-Out Procedure. The following list of check-out procedures must be followed and is included in the digital property guide sent with the check-in instructions delivered to Guest 48 hours prior to the beginning of the Rental Period. Failure to comply with the check-out procedures will result in an additional charge of up to $500.00 to the credit card on file.
      1. All lights (inside and outside) must be turned off.
      2. All windows, doors, and gates must be locked before leaving.
      3. All dirty dishes must be rinsed and placed in the dishwasher. The dishwasher must also be started.
      4. All open, perishable food and beverage items must be emptied from the  refrigerator and placed in the trash or recycling bin.
      5. All trash and recycling must be placed in the outdoor trash and recycling bins. Ensure all trash fits in the closed bins, and take any excess trash with you.
      6. All non-essential electrical devices must be turned off.
      7. Cooking appliances must be turned off and cool to the touch. All supplied equipment must be turned off and properly cleaned and stored.
      8. The grill, if any, be turned off and cool to the touch. All supplied equipment must be turned off and properly cleaned and stored
      9. Rearrange and cover patio furniture (if applicable).
      10. Wash, fold, and return pool towels to storage (if applicable).
      11. All thermostats must be set at 77 degrees Fahrenheit upon departure during the months of April, May, June, July, August, September and October when the Air Conditioning is normally on and at 62 degree Fahrenheit during the months of November, December, January, February and March when the heat is normally on. Additionally, should the pipes freeze during those months when the heat is normally on, Guest will be responsible for any resulting property damage.
      12. Inform GuestSpaces of any problems such as appliances not working, broken dishes, etc.
    13. Holdover Tenancy. If you or any member of the Rental Party do not vacate the Property by the check-out time, you authorize the Manager to charge the credit card on file for a late departure fee equal to twice the amount of one night’s rental for each holdover day or portion of a holdover day, and Manager or Owner may remove you and your personal belongings from the Property. No holding over by Guest, whether with or without the consent of Owner, will extend the Rental Period. 

5. Acknowledgment of Risk. You acknowledge that the Property may have features, amenities, and conditions that are unfamiliar to you and other members of the Rental Party. You further acknowledge that your use of the Property and its amenities may carry inherent risk, including risk of bodily injury, illness or disease, disability, or death. For example, the Property may include natural habitats for wildlife, insects, and pests that may expose you to injury or disease; or docks, ponds, stairways, porches, ledges, cliffs, pools, hot tubs, and other unmarked natural or manmade features, amenities, and conditions that carry inherent risk. You agree that, by using the Property or its amenities, you voluntarily and willfully assume those risks. You also acknowledge and agree that you and other members of the Rental Party are solely responsible for closely supervising and protecting the health and safety of any minors or persons under 21 years of age visiting the Property throughout the duration of your stay at the Property. 

6. INDEMNITY. GUEST RELEASES AND AGREES TO HOLD OWNER AND MANAGER, THEIR AGENTS, REPRESENTATIVES, OFFICERS, DIRECTORS, MANAGERS, MEMBERS, EMPLOYEES AND CONTRACTORS, HARMLESS FROM LIABILITY RESULTING FROM ANY LOSS, DAMAGE OR INJURY WHATSOEVER INCURRED ON THE PROPERTY BY GUEST, OR ANY MEMBER OF THE RENTAL PARTY. ADDITIONALLY, GUEST AGREES TO INDEMNIFY AND HOLD MANAGER AND OWNER HARMLESS FROM ANY INJURY, DAMAGE OR LOSS SUFFERED BY A TRESPASSER, IF THE LOSS OR INJURY RESULTED FROM THE FAILURE OF GUEST OR ANY MEMBER OF THE RENTAL PARTY TO KEEP THE PROPERTY SECURE. THE GUEST EXPRESSLY ASSUMES THE RISK OF HARM TO THEMSELVES, THEIR PROPERTY, THE RENTAL PARTY, AND ANY VISITORS ARISING FROM THEIR USE OF THE RENTAL UNIT AND COMMON AREAS.

7. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO CASE SHALL OWNER OR MANAGER, NOR THEIR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR PRINCIPALS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY, ILLNESS OR DISEASE, EMOTIONAL DISTRESS, OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH YOUR STAY AT THE PROPERTY. THIS LIMITATION APPLIES TO ALL CLAIMS FOR DAMAGES WHETHER BASED ON A THEORY OF WARRANTY, CONTRACT, TORT (INCLUDING ORDINARY NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE. 

8. Access. You agree to allow Manager and Owner, their agents, employees and contractors, access to the Property at all times for purposes of repair and inspection. Such right of access will be exercised in a reasonable manner and will not be a constructive eviction or otherwise entitle Guest to any reduction in Rent due under this Agreement. 

9. Alternative Dispute Resolution. Guest and Owner agree to mediate in good faith before filing a suit for damages. 

10. Entire Agreement. This Agreement, together with any attached exhibits and riders, is the entire agreement of the parties.

11. Governing Law. This Agreement will be interpreted under and controlled by the laws of the State of Texas. Venue is in the district or county courts of Travis County, Texas.  

12. Survival. If any clause or term in this Agreement is contrary to law and unenforceable, the remainder of this Agreement will remain in full force. 

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