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.
|People in party:
[90%] of total will be refunded anytime except:
[a] days or less before check-in, then [x%] will be refunded
[b] days or less before check-in, then [y%] will be refunded
[c] days or less before check-in, then [z%] will be refunded
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.
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.
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.
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.