This Rental Contract (this "
Contract") is made by and between the rental
property manager (the "
Manager") and the renter of the rental property
(the "
Renter") (each, a "
party", collectively, the "
parties")
to govern the rental and use of the rental property (the "Property"). In connection
with the rental and use of the Property, the parties hereby acknowledge that they
have read and agree to be bound by this Contract. If either party does not agree
to be bound by this Contract, that party may not rent out or use the Property.
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Property Name:
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Example Property
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Confirmation No.:
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1234567890
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Check-in date:
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1/10/2008
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Check-out date:
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2/1/2008
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People in party:
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5
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Max occupancy:
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8
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Billing Information:
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Amount
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Rent
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$1,000.00
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Sales Tax
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Hospitality Tax
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$73.61
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Maid
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$100.00
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Cleaning Fee
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$100.00
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Total
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$1,273.61
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Damage Deposit:
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Deposit Amount:
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$500.00
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Due on:
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1/1/2008
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Cancellation/Refund Information:
90% of total will be refunded anytime
Policies:
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Smoking:
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No
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Pets outside:
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Yes
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Pets inside:
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Yes
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RESERVATION.
The principal terms and conditions of the rental of the Property, and the
fees for that Property are set forth in the rental summary above (the "
Rental Summary"),
the terms and conditions of which are hereby incorporated into this Contract. The
Renter has reserved the Property for the rental period (the "
Rental Period")
set forth in the Rental Summary.
RENTER’S WARRANTIES AND COVENANTS.
In addition to its other warranties and covenants, the Renter warrants
and covenants that it will abide by the following use restrictions and requirements
related to its use of the Property:
- The Renter will abide by any restrictions and requirements (1) set forth in the
Rental Summary, and (2) posted or provided at the Property or on the grounds of
the Property, whether by the Manager or by a home owners association or similar
association, group or body;
- The Renter will keep the Property locked at all times during the Rental Period when
the Renter or its guests are not inside the Property;
- The Renter will not do anything at or near the Property that could be considered
a nuisance to any third party;
- The Renter will not sublet the Property to any third parties;
- The Renter and its guests will cause no damage to the Property and if, at the reasonable
discretion of the Manager, or a representative of the Manager, the Renter is deemed
to have caused damage to the Property, the Renter will be subject to (1) a forfeiture
of a portion or all of its damage deposit as well as (2) additional damage claims
to fix, remediate or repair the Property; and
- The Renter will not allow more persons than as set forth in the Rental Summary to
occupy the Property.
MANAGER’S WARRANTIES AND COVENANTS.
In addition to its other warranties and covenants, the Manager warrants
and covenants that:
- The Manager has all right, power and authority to enter into this Contract under
a separate written agreement with the owner of the Property that provides such authority;
- The Manager is not violating any laws, rules, regulations or ordinances in entering
into (1) a separate written agreement with the owner of the Property or (2) this
Contract;
- The Property contains no unmarked hazards of any kind, visible or otherwise, that
could cause injury to the Renter or the Renter’s guests;
- The Property contains adequate furnishings suitable for the number of persons the
Property comfortably sleeps and for other amenities the Manager describes in the
listing information, including without limitation (1) in the kitchen: cooking utensils,
paper towels, plates and silverware, pots and pans, refrigerator and freezer, stove
or oven, coffee maker, table or bar, and chairs or barstools, (2) in the bathrooms:
toilet paper and towels, (3) in the living room or similar rooms: couches, chairs
or their equivalents;
- The Property is not infested with pests, rodents, insects and other nuisances. For
purposes of this section, "infested with" means there is not a known or a reasonably
noticeable problem with pests, rodents, insects and other nuisances; and
- Except with respect to use by the Renter, the Property is clean and will be reasonably
clean upon commencement of the Rental Period.
CANCELLATION.
The Renter retains the right to cancel this Contract as provided in the
Rental Summary, subject to the penalties described there.
THIRD PARTY BENEFICIARY.
Zonder is a third party beneficiary of this Contract only. Zonder is not
a party to this Contract and does not warrant, covenant or guarantee to either party
that the provisions of this Contract will not be violated by either party. The parties
enter into this Contract on their own behalf and hereby agree not to hold Zonder
and any of its partners, subsidiaries, officers, affiliates, employees, and service
providers liable for any breach or violation of the terms or provisions of this
Contract. The parties further agree to indemnify and hold harmless Zonder and any
of its partners, subsidiaries, affiliates, employees, officers and service providers
from any claim or demand, including reasonable attorneys’ fees, made by either party
to this Contract or from any third party due to or arising from either party’s violation
of this Contract.
DISPUTE RESOLUTION.
In the event of a dispute, the parties agree that the law of the jurisdiction of
the Property will apply without regard to any conflict of laws rules. The venue
for any dispute shall be reasonably determined by the Manager. The Renter hereby
waives any claim that the venue chosen by the Manager is not a convenient forum
for the Renter.
GENERAL.
This Contract comprises the entire agreement between the parties and supersedes
all prior agreements regarding the subject matter contained herein. The parties’
continued use of the Zonder Service constitutes an affirmative: (1) acknowledgment
by each of this Contract and its amended terms; and (2) agreement by the parties
to abide and be bound by the Contract and its amended terms.
Throughout this Agreement, Zonder includes Zonder, Inc., a Delaware corporation
and its partners, directors, officers, employees, representatives, affiliates, agents,
assigns, and the Agreement is enforceable by any of the aforementioned persons or
entities.
This Contract shall be governed by and construed in accordance with the laws of
the State of Utah (without regard to conflict of laws provisions thereof). If any
provision of the Contract is held contrary to law, then such provision shall be
construed, as nearly as possible, to reflect the intentions of the parties with
the other provisions remaining in full force and effect. The parties’ failure to
exercise or enforce any right or provision of this Contract shall not constitute
a waiver of such right or provision unless acknowledged and agreed to by the other
party in writing. The section titles in this Contract are used solely for the convenience
of the parties and have no legal or contractual significance.