Sales Terms – Oregon Beach Vacations

By booking a reservation (the “Reservation”) to stay at the property identified in your Reservation Agreement (the “Property”), you agree to the following Terms & Conditions (the “Terms”). For the purposes of these Terms, any reference to “Company”, “we”, “us”, or “our” is a reference to the property manager, acting solely as agent on behalf the owner and any reference to “Guest”, “you”, or “your” is a reference to the party or parties that are making this Reservation.

1. Third Party Booking Platform Terms and Conditions. If you booked your Reservation on a third party booking platform, to the extent that these Terms directly conflict with the terms and conditions of the third party booking platform used to book your Reservation, the terms of the third party booking platform shall control; provided, however, that the remainder of these Terms shall apply to the Reservation to the maximum extent possible.

2. Minimum Age. You must be at least 25 years of age to rent the Property. You hereby confirm that you are at least 25 years of age.

3. Payment. In order to book a Property more than 30 days in advance of your arrival, you must make a deposit in an amount equal to fifty (50) percent of your reservation total on your booking date. The remaining amount due for your stay (including the remaining nightly rental rate for your lodging, taxes, fees, and a security deposit (if applicable) will be charged to your credit card on file with us 30 days prior to your arrival date, or, if you book less than 30 days in advance, on your booking date. For bookings greater than 30 nights, deposit policy is subject to change. We do not accept check or cash payments. In the event that the Payment is paid by debit or credit card, you hereby certify that you are an authorized user of such credit or debit card and will not dispute any valid charges including, without limitation, the Payment, with your bank or credit card company. We reserve the right to require that the name on the credit or debit card match the name on the Reservation. Additionally, we may seek pre-authorization of your credit card account to verify that the credit card is valid and has the necessary funds or credit available to cover your Reservation and any incidentals that may apply. By booking your Reservation (and, therefore, agreeing to these Terms), you are waiving the right to pursue any charge backs for credit card fees processed by us.

   Notice to Debit Card Users: By submitting your debit card as a method of payment you are authorizing an approval to be secured on your checking account. The amount of the approval will be deducted from your checking account and reduce your available balance.

4. Security Deposit. In addition to the Payment, some properties may require additional refundable security deposit against Property damages in the amount shown in your Reservation Agreement (the “Security Deposit”), due at the time of booking the Reservation. The Security Deposit shall be held exclusively to compensate Company, its affiliates, property owners, property managers, clients and their respective affiliates employees, members, agents, contractors, agents, assigns and invitees (collectively the “Company Parties”) for any Damaged Property (as defined below), Claims (as defined below) and Charges (as defined below). This sum is refundable within twenty-one (21) business days after check-out if all Charges are paid and no Claims or Damaged Property are identified. The Security Deposit is not intended to be a cap on damages or otherwise constitute liquidated damages. You agree that you will be fully liable for the amount of any Charges and Claims exceeding the Security Deposit amount.

5. Cancellations, No-Shows; Changes. Rental payments are refundable (less 30% of the total reservation rent and fees, which are non-refundable) for cancellations received 31 or more days before the first night of your reservation. No full or partial refunds will be granted for no-shows or if you cancel within 30 days of the first nights of your reservation, arrive after the first night of your reservation, or depart before the last night of your reservation. No refunds or compensation will be given if the Property is unavailable (or if is available but difficult to reach (for any reason outside of our control, including but not limited to adverse weather condition, natural disasters, mechanical failures, acts of government agencies or utility outages. We advise our guests to obtain appropriate travel insurance. In addition, for any unforeseen circumstance Company reserves the right to relocate guest to another similar property, cancel the stay or issue a credit for a future stay. In the event the reservation is moved, changed or a future stay credit is provided, the reservation will not be eligible for cancellation or refund. If you do not book direct, and instead book through a third party, additional fees and refund and deposit policies may apply (but all other terms and conditions remain the same). Please review the policies of any third party sites prior to confirming your booking.

6. Travel Protection Insurance. Sun Trip Preserver travel insurance is available through Red Sky Travel. This insurance, and travel insurance from other providers that may apply to your stay at the Property, are optional to you. In case of any unforeseen events, this insurance may help protect your vacation investment. Questions regarding Red Sky Travel Insurance should be directed to Sun Trip. You can find additional information on their website [https://trippreserver.com/sun-trip-preserver/].

7. Check-In/Check-Out. Your Check-in and Check-out times are set forth in your Reservation Agreement. You understand and agree that if you stay past the agreed check-out time, Company has the right under state law, and you will be assessed $100/hour charge if you are found to be in the home before Check-in time or after Check-out time. Due to local regulations, guests in some regions are required to check-in at one of our local offices.

8. Parking. No Boats, RV’s, etc. The Property is limited to a specific amount of off-street parking, as set forth in the Property description. You and your occupants agree to abide by all applicable parking restrictions and limitations. No boats, buses, campers, recreational vehicles, personal watercraft, wave runners, or trailers, regardless of any type or size, may be parked at the Property. Please contact us if you have any questions regarding the parking.

9. Maximum Occupancy. The number of people, including children, present at the Property may not exceed the maximum occupancy set forth in the property description.

10. Keys. If no electronic lock is present a key will be provided. If you lose a key, you will be charged a fee in the amount it costs us to replace the locks on the Property.

11. Taxes. Estimated taxes shown on your Reservation Agreement are based on current tax rate (subject to change as permitted by applicable law). Additional taxes, if any, will be due upon check-in.

12. Use of the Property. Subject to your complete and ongoing compliance with these Terms and any house rules applicable to the Property, including those house rules identified on Exhibit A hereto (the “House Rules”), we grant you a limited, nontransferable, non-sublicensable, revocable license to occupy the Property as a private dwelling only and for only the specific period of time of your Reservation. Your use of the Property is permitted only for personal and non-commercial purposes and only for the maximum number of occupants shown in your Reservation Agreement. In the event that there are more inhabitants than the number of persons permitted to inhabit the Property as indicated on your Reservation Agreement, Guest shall pay Company an additional $1,000.00 per occupant or inhabitant per night, the payment or acceptance of which shall not be deemed a waiver of Company’s right to enforce the foregoing restrictions or be construed as a waiver of Guest’s default. In no event shall you have any rights to renewal, extension, or recurring use of the Property without our express prior written consent, which may be withheld in our sole and absolute discretion.

    THE PROPERTY MAY ONLY BE USED FOR TRANSIENT OCCUPANCY. YOU REPRESENT AND WARRANT THAT YOU HAVE ANOTHER PERMANENT RESIDENCE AND ARE OCCUPYING THE PROPERTY ON A TRANSIENT BASIS ONLY AND INTEND TO DEPART THE PROPERTY ON THE DEPARTURE DATE SHOWN ON YOUR RESERVATION AGREEMENT. YOU WILL NOT BE GIVEN A MAILBOX KEY AND AGREE NOT TO RECEIVE ANY MAIL AT THE PROPERTY OR USE THE PROPERTY ADDRESS FOR IDENTIFICATION PURPOSES. ANY DELIVERIES RECEIVED AT THE PROPERTY WILL BE AT YOUR OWN RISK.

13. Events and Commercial Photography; Structures. Events, commercial photography or filming are prohibited at the Property without our express written permission (if approved, additional conditions and fees may apply). Prohibited events include, but are not limited to, parties, meet-ups, weddings, receptions, canopies or other similar events. No tents, canopies or other structures may be erected on the Property.

14. Prohibited Conduct. In addition to all other rules and restrictions contained in these Terms and the House Rules, in connection with your use of the Property, neither you nor any of your occupants, guest(s), visitors, invitees and any other parties to whom you give access to or use of the Property (collectively and individually, you “Invitees”) may:

    1. Use the Property for any illegal purpose or in violation of any law;

    2. Bring into or onto any Property any illegal, dangerous or hazardous substance or item (including items that are likely to increase the risk of fire or explosion) or any firearms and other weapons (except those rightfully possessed by law enforcement officials or licensed security guards);

    3. Engage in any conduct that: (i) would give rise to civil liability; (ii) is defamatory, obscene, pornographic, vulgar, or offensive; (iii) promotes or constitutes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group or otherwise threatens or embarrasses any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other individual or organization; or (v) promotes illegal or harmful activities or substances;

    4. Perform any activity or create any condition in, on or near the Property that could create a nuisance, annoyance, or disturbance to any other residents or neighbors of surrounding properties;

    5. Hold events (such as parties, celebrations or meetings) at the Property without our advance written consent;

    6. Make any changes or modifications to the Property; or

    7. Attempt to do any of the foregoing or assist or advocate, encourage, permit, or assist any third party in doing any of the foregoing.

15. Damaged Property. You are responsible for leaving the Property in the condition same was in when you
    arrive, reasonable wear and tear excepted. You acknowledge and agree that you are responsible for your, your Invitees’, and your and their animals’ acts, omissions, negligence and willful misconduct. If we reasonably believe that you, Your Invitees, or your or their animals have damaged the Property or damaged or removed or stolen any physical item therein (“Damaged Property”), we will provide you with reasonable notice and evidence of such damage or suspected removal or theft. After due notice has been given, we will be automatically entitled to charge the Security Deposit (if applicable) and then your debit or credit card for the full amount of any lost revenue that we incur as a result of the Damaged Property and the full amount of the greater of the costs and fees actually incurred by us or that we reasonably expect to incur for fixing or replacing the Damaged Property (which may include replacing damaged items with equivalent items) (“Damaged Property Fee”). Any remaining balance present on the Security Deposit will be refunded after all applicable charges have been taken. Additionally, if you, your Invitees, or your or their animals have damaged the Property or damaged or removed or stolen any physical item therein we may immediately terminate the Reservation and remove you and any and all of your Invitees from the Property. We reserve at all times the right to fix the Damaged Property in the manner of our choosing and to pursue in our sole discretion any and all avenues available to us to collect from you the Damaged Property Fee. For example, we may exercise the foregoing right by fixing the Damaged Property over an extended period of time, charging your debit or credit card the sum total of the Damaged Property Fee up front or in installments, or by making one or more claims under your insurance policy, and you agree to cooperate with and assist us in good faith, and to provide us with such information as we may reasonably request in order to successfully make such claim.

16. Limited Damage Waiver. As part of your Reservation, you may have been charged a fee to cover up to a maximum of $2,000 of the Damaged Property Fee. This limited damage waiver (“LDW”) is subject to your strict adherence to each of the following terms and conditions:

    1. The LDW only covers accidental damage that occurs during the authorized rental period.

    2. You must notify us of the Damaged Property within 48 hours of your learning of such damage or prior to check-out, whichever is first, time being of the essence. Failure to timely notify us of any Damaged Property will result in loss of coverage.

    3. The LDW does not cover theft, damages caused by your or your Invitee’s recklessness or intentional misconduct or damages resulting from your non-compliance with the terms of this Agreement, as determined by us in our sole discretion.

    4. The LDW does not cover damage to any structure other than the Property.

    5. You are responsible and liable for any accidental damage that exceeds the maximum amount set forth above. Excess damages or damages for uncovered claims will be charged to your credit card.

    6. The LDW program is not an insurance policy and does not constitute insurance in any respect. The LDW does not provide liability coverage and does not cover vehicles or guest personal items or cancellation fees.

    7. The LDW is provided to you and there are no third party beneficiaries of the LDW

    8. The LDW does not apply if you breach these Terms or your Reservation Agreement, commit any fraud in connection with your stay, or misrepresent any information provided to us.

17. Personal Liability For Charges and Claims; Indemnity. You hereby agree to be held personally liable for all costs and charges relating to the Reservation including, without limitation, the Payment, Damaged Property Fee and any incidental charges (collectively, “Charges”). In addition, to the fullest extent permitted by law, you are responsible for your use of the Property, and you will defend and indemnify us and the Company Parties from and against every claim brought by a third party, and any related liability, direct or indirect damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your, your Invitees’, and/or your or their animals’ use of, or misuse of, the Property; (b) your or your Invitees’ breach or violation of any portion of the Terms, the House Rules, or any applicable law, rule, or regulation; (c) any dispute or issue between you and/or your Invitees and any third party; and/or (d) any injury, death, or damages sustained by any individual or entity, or to the property of the same (including any animals), where such injury, death, or damage is caused by your, your Invitees’, or your or their animals’ acts or omissions (collectively “Claims”). We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

    In addition to any other rights and remedies we may have at law, in equity or pursuant to these Terms, you hereby authorize Company and/or its affiliates to charge the credit or debit card on file for any and all Charges and/or Claims and certify that you are an authorized user of such credit or debit card. You further authorize us to place a hold against your credit or debit card to guarantee any and all Charges and Claims and, in the event that you do not settle your account subsequent to your departure, you hereby authorize us to charge your credit or debit card or apply funds you have on file with us against what you owe.

18. Recordings. You agree that telephone calls made to our employees, operators or staff may be monitored or recorded for purposes of quality assurance, training, security or mutual protection. You further acknowledge that there are security cameras in the common areas of the Property, such as exterior, building hallways, and we may also utilize noise monitoring systems.

19. Promotions. By providing your contact information and other personal information, you consent to receiving promotional e-mails and correspondence from Company and its affiliates. You may request to be removed from our promotional lists at any time.

20. Feedback License to Us. If you choose to provide suggestions, comments or any other input regarding our services or the Property (“Feedback”), then you hereby grant us an unrestricted, worldwide, perpetual, irrevocable, non-exclusive, freely transferable and sublicensable (including through multiple tiers), royalty-free, and fully-paid right and license to exploit the Feedback in any manner and for any purpose with no obligation or accounting to you, including to improve the service and Property and create other products and services. You further acknowledge and agree that if you provide a review or rating, such review or rating must be accurate, may not contain any offensive or defamatory language.

21. Personal Items. You understand and agree that any money, jewelry and other valuables and personal items brought to the Property are at your sole risk, and that Company shall not be responsible for any loss or damage thereto. Such items should not be left unattended anywhere on Property, including in the guest rooms and/or any in-room safes, if any. Prior to the expiration of the applicable Reservation period, you must remove all of your personal items from the Property. If you have not done so, and after using commercially reasonable efforts to provide you with reasonable notice, we will be entitled to remove, store, and/or dispose of any such personal items to the maximum extent permitted by applicable law, and you waive any claims or demands regarding such personal items or our handling of them. You will be responsible for paying any fees reasonably incurred by us regarding such removal, storage, and/or disposal.

22. Smoking. “Smoking” means the burning or vaporization of a lighted cigarette, cigar, pipe, marijuana, or any other matter or substance that contains tobacco, incense, or other fragrant substance. Unless expressly allowed by your Reservation Agreement, smoking is not permitted at the Property. Guest understands that should any odor of smoke taint the Property, in Company’s sole determination, all fabrics, carpets, and furniture may be professionally cleaned, and any other action to eliminate the smoke or odor may be taken, including, but not limited to, replacement of items, at Guest’s expense. You understand and agree that we may charge your debit or credit card for any such costs or expenses plus a 15% administrative charge.

23. Pets. Dogs are the only non-service animals allowed for properties where pets are permitted. Cats and other animals besides dogs are not permitted as pets. The maximum number of pets permitted per property is two if the property does not have any specified capacity restrictions. Unless your Reservation Agreement expressly states that pets are allowed, pets (other than trained service animals) are not permitted at the Property under any circumstances. If a pet is permitted, a per pet fee may be charged. Be advised that misrepresenting the use of a service animal is a crime in many states, punishable by law. Guest understands that should any animal odor taint the Property (regardless of whether the animal is a pet or service animal), in Company’s sole determination, all fabrics, carpets, and furniture may be professionally cleaned, and any other action to eliminate the odor may be taken, including, but not limited to, replacement of items, at Guest’s expense. You understand and agree that we may charge your debit or credit card for any such costs or expenses plus a 15% administrative charge.

24. Pool/Hot Tub Waiver and Release of Liability. Guest agrees to the following terms by its use of the Property and Amenities:

    1. I recognize that there are certain risks of physical injury to occupants and/or their guests which may occur at the Property, including, but not limited to, injuries associated with the swimming pool and/or hot tub, and I agree to assume the full risk of any such injuries, damages or loss, regardless of severity, which I or my Invitees or child/ward may sustain as a result of participating in any activities connected or associated with any such use of the swimming pool and/or hot tub.

    2. I waive and relinquish all claims I, my Invitees or my child/ward may have against Company and Company Parties as a result of personal injury suffered while on the Property. I hereby fully release and discharge Company and the Company Parties from any and all claims from injuries, damage, or loss which I, my Invitees or my child/ward may have, or which may accrue to me, my Invitees or my child/ward, on account of my utilization or the utilization of my, my Invitees, or my child/ward in any the swimming pool and/or hot tub on the Property. I further agree to indemnify and hold harmless and defend Company and the Company Parties from any and all claims resulting from injuries, damages, and losses sustained by me or by my Invitees or my child, and arising out, connected with, or in any way associated with the Property and the swimming pool and/or hot tub.

    3. I have read and fully understand the above waiver and release of all claims. In consideration for the use of the swimming pool and/or hot tub on the Property, I understand and agree as follows:

       1. To the best of my knowledge, I am physically sound and have medical approval by my doctor to participate in physical exercise activities of the type normally engaged in a voluntary health & fitness facility and for usage of a swimming pool and/or hot tub.

       2. I understand and agree that I am responsible for learning how to use the swimming pool and/or hot tub equipment properly and safely.

    4. I agree to inspect the pool and/or hot tub prior to use and to immediately notify Company of any potential problems or issues prior to any use of the pool or hot tub. I agree to refrain from using the swimming pool and/or hot tub if determine anything related to the pool or hot tub to be defective or need of maintenance or repair. Further, I agree to carefully inspect all plastic pool lids located on the pool deck and to be careful not to walk aver the pool lids as they are fragile and prone to breaking and causing injury.

    5. I understand that a risk of injury is present when engaging in or utilizing the swimming pool and/or hot tub, and I assume all responsibilities and risk regarding the use of the pool and/or hot tub.

    6. IN CONSIDERATION OF THE ACCEPTANCE OF MY EXERCISE AGREEMENT, l, THE UNDERSIGNED, INTEND TO BE LEGALLY BOUND FOR MYSELF, MY INVITEES, MY CHILDREN, MY HEIRS, EXECUTORS, AND ADMINISTRATORS, AND DO HEREBY RELEASE THE COMPANY PARTIES AND ANY AND ALL SPONSORS OF THIS SWIMMING POOL AND/OR HOT TUB, AND THEIR REPRESENTATIVES, SUCCESSORS, AND ASSIGNS, FROM ANY AND ALL LIABILITY ARISING FROM INJURIES, INCLUDING DEATH, THAT l, OR MY CHILD/WARD OR INVITEES MAY SUFFER, AS A RESULT MY/OUR USAGE OF THE SWIMMING POOL AND/OR HOT TUB.

    7. MY SIGNATURE ON THIS IS EVIDENCE THAT I SHOULD CHECK WITH MY DOCTOR TO SEE IF THE SWIMMING POOL AND/OR HOT TUB, AND INSTRUCTIONS ARE SUITABLE FOR MY HEALTH AND PHYSICA CONDITION.

    8. I HAVE CAREFULLY READ THIS AGREEMENT, RELEASE & WAIVER LIABILITY AND I KNOW ITS CONTENTS, HAVE VOLUNTARILY SIGNED AS MY OWN FREE ACT.

25. Plug In Appliances. No plug-in appliances or equipment are permitted on the balconies or terraces and must remain indoors at all times. The use of extension cords is strictly prohibited.

26. Right of Entry. You agree that Company has the right to enter the Property and your guest rooms for security, maintenance or any other purpose at any time and without notice.

27. Background Checks. You acknowledge and agree that for transparency, safety, fraud prevention, and anti-money laundering purposes, and to the extent permitted by applicable law, we may, but have no obligation to, before and/or while you reserve and/or occupy a Property: (a) require that you provide us with a form of government identification or other information sufficient to assist us with undertaking the background checks described in Sections (b)-(c) of this Section; (b) screen you against third party databases or other sources and request reports (e.g., credit checks) regarding you from service providers; and (c) obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks (if available). You hereby consent to our undertaking the foregoing background checks and to our processing of the resulting information, including sharing with other property owners and/or their property managers the results of background checks.

28. Representations and Warranties. By booking this Reservation, you represent and warrant to us that: (a) you are (i) at least 25 years old; and (ii) fully able and competent to enter into this Agreement; (b) you have not previously been suspended or removed from any of our Properties; and (c) your Reservation and your use of the Property is and will be in compliance with any and all applicable laws, rules, and regulations. If you are an organization (e.g., a company), the individual booking this Reservation on your behalf represents and warrants that he or she has the authority to bind you to these Terms and that you agree to be bound by these Terms.

29. Alternative Accommodations. If the Property becomes unavailable for the whole or any part of the applicable Reservation for any reason, we will endeavor to arrange for suitable alternative accommodations during such Reservation period. If we are unable to find suitable alternative accommodations during this period, we have the right to cancel the applicable portion of the Reservation and we will credit you with a full refund of any pre-paid charges. If you do not accept a suitable alternative accommodation that we offer to you, then you are entitled to cancel the applicable reservation, any pre-paid charges will be refunded to you, and neither we nor any of our affiliates will be liable to you for any further amounts relating to such Reservation.

30. Use of Amenities. Your Reservation may include access to certain amenities available to occupants of the Property (e.g., fitness room, pool, hot tub, etc.) (collectively, the “Amenities”). Access to such Amenities is not guaranteed and may be limited, revoked, or suspended from time to time. You agree to comply and ensure all of your Invitees’ compliance with all applicable rules with respect to your and your Invitees’ use of such Amenities. You understand and agree that use of such Amenities may be suspended if you or any of your Invitees violate any such rules. You shall be responsible for any damage to such Amenities that you or any of your Invitees cause. ANY USE OF SUCH AMENITIES IS AT YOUR AND YOUR INVITEES’ OWN RISK AND YOU AND YOUR INVITEES RELEASE, DISCHARGE, AND COVENANT NOT TO SUE COMPANY OR ANY COMPANY PARTIES IN CONNECTION WITH ANY USE OF SUCH AMENITIES. YOU AGREE THAT, AT OUR REQUEST AT ANY TIME, YOU AND/OR YOUR INVITEES WILL EXECUTE AND DELIVER A COMMERCIALLY REASONABLE FORM OF WAIVER AND RELEASE TO CONFIRM THE WAIVER AND RELEASE SET FORTH HEREIN AND THAT YOUR AND/OR YOUR INVITEES’ USE OF THE AMENITIES MAY BE CONDITIONED ON YOUR AND/OR YOUR INVITEES’ EXECUTION AND DELIVERY OF SUCH WAIVER AND RELEASE. Without limiting the generality of the foregoing, if the Property includes a pool or hot tub, you hereby agree to the aforementioned Pool/Hot Tub Waiver and Release of Liability referenced hereto and incorporated herein.

31. Use of On-Site Services. We may, but shall not be obligated to, offer on-site services for an additional fee from time to time, such as cleaning, local tours, parking and special events. If so offered by us and so requested by you, we will mutually agree on the dates and times for such services and we and/or the applicable third party service provider shall have the right to enter the Property to perform such services. To the extent that we offer and you request or use any such services, you hereby agree to comply and ensure all of your Invitees’ compliance with all of the applicable rules with respect to your and your Invitees’ use of such services. You understand and agree that your and your Invitees’ use of such services may be suspended if you or any of your Invitees violate any such rules. You shall be responsible for any damage that you or any of your Invitees cause. ANY USE OF ON-SITE SERVICES IS AT YOUR AND YOUR INVITEES’ OWN RISK AND YOU AND YOUR INVITEES RELEASE, DISCHARGE, AND COVENANT NOT TO SUE COMPANY OR ANY COMPANY PARTIES IN CONNECTION WITH ANY SUCH SERVICES. YOU UNDERSTAND THAT THIS AGREEMENT INCLUDES A RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS. YOU AGREE THAT, AT OUR REQUEST AT ANY TIME, YOU AND/OR YOUR INVITEES WILL EXECUTE AND DELIVER A COMMERCIALLY REASONABLE FORM OF WAIVER AND RELEASE TO CONFIRM THE WAIVER AND RELEASE SET FORTH HEREIN AND THAT YOUR AND/OR YOUR INVITEES’ USE OF THE ON-SITE SERVICES MAY BE CONDITIONED ON YOUR AND/OR YOUR INVITEES’ EXECUTION AND DELIVERY OF SUCH WAIVER AND RELEASE.

32. Shared Properties. When booking a room in a shared Property, we remind you that community living requires that others in the community be treated with kindness and respect and that others in the community not be subjected to a hostile environment. Harassment, hostility, and insults, disrespect for the personal property of others, or other behavior that creates problems between co-guests and/or neighbors will not be tolerated. Company requires and gives priority to creating a peaceful living arrangement for the community as a whole and any behavior that affects that peaceful living will be a basis for Company, at its sole and absolute discretion and in addition to its other rights and remedies at law, in equity and under these Terms (including the Indemnity section), to terminate the Reservation and remove you and your Invitees from the Property. You acknowledge and agree that sharing the Property with other unaffiliated guests carries with it inherent risks which may include, without limitation, physical injury, damage, sickness, loss of property and personal items, or bodily harm. You further acknowledge and agree that Company may not perform background checks on its guests nor screen its guests, and that Company may not have security on site to ensure your safety and the safety of your Invitees and personal items. Accordingly, and without limiting the disclaimers and waivers below, you agree that Company and the Company Parties will not be liable for any Claims, damages, losses, or injuries that may be caused by another guest of Company sharing the Property or a room with you, and will look solely to that other guest for compensation.

33. Termination; Other Remedies; Consequences of Breach. To the maximum extent permitted by law, if you or your Invitees violate any provision of these Terms or the House Rules, in addition to all our other rights and remedies we may have at law, in equity or pursuant to these Terms, you hereby agree that we have the right to terminate your Reservation immediately and without notice and to remove you and your Invitees from any Property. In such event, you will not be entitled to any refund of any amounts paid by you in connection with your Reservation and will be fully liable for all Claims and Charges relating to your reservation. In addition, we reserve the right to exercise all rights and remedies afforded to us under applicable state innkeeper laws. Furthermore, you are responsible for, and you authorize us to deduct from any deposit you have made with us and, if your deposit is not sufficient to cover the full amount (or you have not made a deposit), to bill your credit card on file for the full amount of: (a) any damage, theft, or loss that occurs at the Property during your stay; (b) a charge of $200 plus tax per violation for any violations of the pet policy, including for bringing a pet (when you are not authorized to do so) or bringing more pets or different types of pets than specifically authorized; (c) a charge of $50 for failure to pick-up and properly dispose of your pet’s excrements; (d) a charge of $250 plus tax per violation of a parking restriction; (e) a charge of up to $75 plus tax per violation for noise complaints from neighbors received by us during your stay; (f) an additional cleaning fee of up to $500 for excessive cleaning required by the acts or omissions of any Occupant during your stay; and (g) the full amount of any fines issued by police, other government officials or agencies, utility providers, and/or homeowner associations for violation of any law, ordinance, or rule during your stay, and any damages (which may exceed the amount of fines) that result from the violation. If any unauthorized download of copyrighted material via the Property’s Internet service occurs during the period of your stay, you agree that we may share your contact information with the Internet service provider or any other party we reasonably believe has enforcement rights.

34. Disclaimers; No Warranties.

    1. YOU UNDERSTAND AND AGREE THAT WE SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE ACTIONS OF ANY THIRD PARTY (INCLUDING ANIMALS) OR ANY CONDITION OR CIRCUMSTANCE (E.G., CONSTRUCTION) OUTSIDE THE PROPERTY. FOR THE AVOIDANCE OF DOUBT, YOU UNDERSTAND AND AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY AND ALL CLAIMS RESULTING FROM THE MISCONDUCT OF ANY PROPERTY OWNER, PROPERTY MANAGER, OTHER GUEST OR RESIDENT AND THAT SUCH CLAIMS ARE TO BE BROUGHT AGAINST SUCH PROPERTY OWNER, PROPERTY MANAGER, OTHER GUEST OR RESIDENT DIRECTLY.

    2. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ANY COMPANY PARTY BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, REPUTATION, GOODWILL, INCOME, SALES, REVENUE, BUSINESS, ANTICIPATED SAVINGS, OR DATA, OR FOR BUSINESS INTERRUPTION, WASTED MANAGEMENT OR OFFICE TIME, OR ANY OTHER INTANGIBLE LOSS.

    3. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ANY COMPANY PARTY BE LIABLE TO YOU OR YOUR INVITEES FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE ON-SITE SERVICES, AMENITIES OR PROPERTY WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY SONDER ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. ANY USE OF THE PROPERTY, ON-SITE SERVICES, AND/OR AMENITIES IS AT YOUR AND YOUR INVITEES’ OWN RISK AND YOU AND YOUR INVITEES RELEASE, DISCHARGE, AND COVENANT NOT TO SUE ANY SONDER ENTITIES IN CONNECTION WITH ANY SUCH USE.

    4. TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE COMPANY PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE RESERVATION AND YOUR USE OF THE PROPERTY, ON-SITE SERVICES AND/OR AMENITIES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO US IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM; OR (B) $1,000.

    5. EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THIS AGREEMENT. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

35. Governing Law; Venue; Jury Trial. These Terms shall be governed by and interpreted in accordance with the laws of the state where the Property is located. Exclusive venue over any disputes relating to the Reservation and/or the Terms shall be in the state and county where the Property is located. EACH PARTY HERETO HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THESE TERMS AND/OR THE RESERVATION.

36. Class Action Waiver.

    THE PARTIES WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST THE OTHER PARTY AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY. TO THE EXTENT EITHER PARTY IS PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST THE OTHER, THE PARTIES AGREE THAT: (I) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOT WITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT); AND (II) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION.

37. Attorneys’ Fees and Expenses. If we are required to engage legal counsel to enforce the conditions of these Terms, to collect any Charges, or to remove you or your belongings from a Property, you shall be responsible for all lawyers’ fees and expenses incurred in connection with the foregoing.

38. Force Majeure.We will not be liable to you or any of your Invitees or be deemed to be in breach of the Reservation or these Terms by reason of any delay in performing, or any failure to perform, any of our obligations, if the delay or failure was due to any cause beyond our reasonable control including but not limited to government or municipal prohibitions or restrictions, severe weather, power, or other utility cut-off, burglary, natural disaster, strikes, governmental action, terrorism, war, civil unrest, or other similar events of “force majeure”.

39. Severability. Any provision of these Terms which is determined to be invalid or unenforceable will be ineffective to the extent of such determination without invalidating the remaining provisions of these Terms.

40. Carbon Monoxide/Smoke Detectors. Guest agrees to keep all smoke, fire, and carbon monoxide detectors (“Detectors”) in good working condition and replace batteries as necessary. Guest shall not remove batteries from or render inoperable in any way any Detector, except to inspect, maintain, repair, or replace the alarm or the batteries in the alarm. IF A DETECTOR ACTIVATES DURING YOUR STAY, YOU SHOULD IMMEDIATELY VACATE THE PROPERTY AND CALL 9-1-1 AND THE COMPANY REPRESENTATIVE.

41. Mold. Mold can grow when moisture is present. Guest acknowledges and agrees to undertake reasonable steps to eliminate moisture within the Property that may lead to growth of mold. Such steps include, but are not limited to, keeping the premises clean, using exhaust fans when bathing/showering, wiping down any moisture and/or spillage, and regularly inspecting for leaks or water accumulation on the Property. Guest further agrees to notify Company immediately, orally and in writing, of any sign of water leak, excessive or persistent moisture or any condensation sources in the Property or any stains, discolorations, or other indications of mold growth, including a musty odor in the Property. Guest acknowledges and agrees that Company will not be responsible for damages or losses due to mold growth to the extent such conditions have resulted from the acts or omissions of the Guest or if Guest has failed to immediately notify Company of any such conditions described above.

42. Marijuana. Although medical or recreational marijuana may be legal in certain states, the Federal Controlled Substances Act categorizes marijuana as a Schedule 1 substance, and further provides that the manufacture, distribution, or possession of marijuana is a federal criminal offense. Possession, use, and/or cultivation of marijuana on the Property is strictly prohibited.

43. Consent to Receive SMS Messages. By providing your phone number, you consent to receive SMS messages (including text messages), and telephone calls (including prerecorded and artificial voice and autodialed) from our company. You certify, warrant, and represent that the telephone number you have provided to us is your contact number and not someone else’s. Message and data rates may apply. Message frequency varies.

44. Additional Matters. Please refrain from publishing any untrue disparaging remarks about the Company, including its employees and agents, or the Property. We reserve the right to seek redress for defamation libel or slander to the fullest extent of the law. We reserve the right to reject your request for occupancy or to cancel reservations (with a full refund) in our sole discretion. This Agreement may only be amended or modified by a writing signed by you and an officer of the Company. You understand that the Company’s non-management level employees, including its receptionists and help-desk personnel, do not have authority to accept, modify, or waive any term or condition set forth herein.

45. Miscellaneous. The Reservation, together with these Terms and any House Rules (if applicable), is the entire and exclusive understanding and agreement between you and us regarding your use of the Property, and supersedes any previous marketing information, representations or agreements of any kind or nature between the parties relating to the subject matter hereof and whether recorded in writing, or otherwise. You may not assign or transfer the Reservation or your rights under the Reservation, in whole or in part, by operation of law or otherwise, without our prior written consent, which may be withheld in our sole discretion. We may assign or transfer the Reservation, in whole or in part, at any time without notice or consent. The failure to require performance of any provision of these Terms or the House Rules (if applicable) will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. The waiver by us of any provision of these Terms will not be deemed to be a waiver of any subsequent breach of the same or any other provision of these Terms, nor will any custom or practice which may develop between the parties be construed to waive or to lessen our right to insist upon your performance of all the provisions of these Terms, or support a claim of detrimental reliance by you. The specification in these Terms of certain acts or omissions as a basis for removing you from the Property shall not be construed as limiting our rights to remove you for any other reason allowed by applicable law. Our acceptance of a partial payment of any fees or other Charges, or the application of any Security Deposit, will not constitute a waiver of our right to the full amount due, nor will our acceptance of fees or Charges paid late ever constitute a waiver of our right to terminate the Reservation and remove you from the Property. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Nothing in these Terms will affect your statutory rights as a consumer and our statutory rights as an innkeeper. Throughout these Terms the use of the word “including” means “including but not limited to”. If any part of these Terms or the House Rules (if applicable) is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.