Rental Agreement - Paradise Dock at the Huber House



[pic]the lakehouse [pic]

RENTAL AGREEMENT

I thank you for choosing the lakehouse!! I are here to assist you in any way we can to make your upcoming vacation your best ever. This Rental Agreement (“Agreement”) consists of the Reservation Information set forth below and the attached General Terms & Conditions. Your signature on this Agreement, or payment of money, or taking possession or use of the property after receipt of the Agreement, is evidence of your acceptance of the terms to this Agreement and your intent to use this property for a vacation rental.

RESERVATION INFORMATION

|LESSEE NAME & ADDRESS: |NAME:__________________________________________ |

|(Please provide below the names and addresses of |Address: _________________________________________ |

|Lessee and Lessee’s guests) | |

| | |

| |Email = ___________________________________ |

| |Phone = ____________________ |

| |Period = ____________________________ |

|NUMBER OF OCCUPANTS: |Up to 14 including minor children |

|RESERVATION INFORMATION: |Property: the lakehouse |

| |1291 Big Creek Road, LaFollette TN 37766 |

| | |

| |1394724 |

| |Commencement Date: at 10 AM EST or later |

| |Termination Date: at 10AM or earlier |

|RESERVATION INFORMATION: |Rent Charge (inclusive of all taxes and fees): |

| | |

|Please send the signed Rental Agreement and | |

|payment of the Rent & Security Deposit (payable to| |

|Matt Huber) to Matt Huber, 4617 Lakeridge Court, | |

|Mason, OH 45040 | |

|DIRECTIONS, |After I receive the signed Agreement and final balance due from you, I will send you (i) Detailed Directions,|

|CHECK IN/OUT PROCEDURES, |(ii) Check In/Out Procedures, (iii) Welcome Book, and (vi) a code for the keyless entry. If you encounter |

|WELCOME BOOK, & |any problems during your check-in, please call or text me at 513-257-4291. If you get a message - please |

|HOUSE ENTRY: |leave a brief description of your problem and a return phone number, and we will contact you ASAP. |

|SUPPLIES: |Supplies = Bring your music (e.g., iPods and portable speaker systems), beach towels, and extra rolls of |

| |toilet paper and paper towels.  I will provide dish soap (e.g. Dawn), hand soap in the bathrooms, dish |

| |washing detergent, minimum of6 toilet paper rolls (2 rolls per bathroom), trash bags, 2 paper towel rolls, |

| |basic kitchenware, utensils, blender, pots and pans, coffee maker, crock pot, toaster, and linens.  See |

| |Welcome Book for more details. |

| |All trash must be placed in bags, tied up, and placed in trashcans. |

| |Coolers / Wet Clothes / Towels = Please place all coolers outside on the deck or driveway, and all wet items |

| |on the OUTSIDE railings. |

| |Septic Tank System = Please do not pour or flush strong cleaning agents with bleach or strong disinfectants |

| |down the drains / toilets. Please put all waste including food waste in the trashcans; do not put much down |

| |the garbage disposal (especially lettuce and potato peelings).  Do not flush anything down the toilets except|

| |toilet paper. |

Signature - Please sign and return to Owner within 14 days (scanned email pdf copy is OK)

|Lessee Signature Date |Owner Signature Date |

| | |

General Terms & Conditions

This Rental Agreement (“Agreement”) is made by and between Paul Hudak (“Owner”), whose principal mailing address is 1291 Big Creek Road, LaFollette, TN 37766 (“Owner Address”), and the lessees identified above and their guests and invitees (“Lessee”). The term "Owner" as used in this Agreement shall include the entity specified above and its successors in interest, assigns, employees or rental representatives where the context requires or permits. The term "Lessee" as used in this Agreement shall include Lessee’s family, heirs, successors, assigns, guests, invitees, representatives and other persons on the Premises during the term of this Agreement (without regard to whether such persons have authority under this Agreement to be upon the Premises), where the context requires or permits. Owner and Lessee may be referred to herein individually as a “Party” and collectively as the “Parties.” This Agreement consists of the Reservation Information set forth below and the attached General Terms & Conditions.

1. Premises. Owner, in consideration of the rents, covenants, terms and conditions hereinafter stipulated to be paid and performed by Lessee, hereby leases to Lessee and Lessee leases from Owner that certain property known as ‘the lakehouse’ ("Premises") which is located at 1291 Big Creek Road, LaFollette TN 37766 ("Building"). The Premises shall include fixtures, furniture, appliances, dock (one covered slip), and all other personal property of Owner located on the Premises during the term of this Agreement ("Contents"). Unless otherwise agreed in writing in advance, this Agreement does not include the use of the Owner’s boats and trailers, Owner’s golf cart nor tools in the garage, and any other items specifically excluded in the Welcome Book.

2. Term. The term of this Agreement shall begin on the Commencement Date ("Commencement Date") and shall end on the Termination Date ("Termination Date"), both as identified in the Reservation Information section of this Agreement. Lessee agrees not to arrive early on the Commencement Date, as this will only delay any cleaning of the house and check in time. Lessee acknowledges and agrees that Lessee will not be allowed to enter the premises prior to the time set forth above on the Commencement Date and shall not be permitted to occupy and remain on the Premises after the time set forth on the Termination Date, or Lessee may be subject to a late checkout fee of $50.00 per hour during the summer months. The Code to the garage door shall be provided by email within 5 days prior to the Commencement Date, and keys to enter Premises shall be found hanging inside the front door. By the Termination Date, Lessee agrees to follow the check-out procedures, place all keys to the key holder, and return all property to Owner.

3. Rent. Lessee agrees to pay to Owner as rent the sum of the following fees as identified in the Reservation Information section of this Agreement ("Rent"): (i) the rental charge; (ii) a cleaning & supplies charge of $100 to restore the Premises to a clean and rentable condition for the next lessee of the Premises; plus (iii) 14.25% TN tax, all payable in full six months in advance of the Commencement Date. Lessee agrees to pay the Rent (and the Security Deposit noted below) in the form of traveler's checks, bank money orders, cashier’s checks or personal checks payable to Paul E. Hudak and addressed to the Owner Address identified above. Rates and figures herein are subject to correction due to human or computer error.

4. Reservations, Security Deposit & Rent. Reservations are only held upon receipt of a signed Rental Agreement along with the immediate payment of the security deposit identified in the Reservation Information section of this Agreement ("Security Deposit") to guarantee occupancy of the Premises by Lessee on the Commencement Date and to guarantee performance by Lessee of all conditions and obligations in this Agreement. The Security Deposit will be non-refundable except as provided below. Refund of Security Deposit will be made only after inspection of the Premises on or after the Termination Date by Owner or Owner’s agents to insure compliance with the terms hereof. The Security Deposit will be refunded to Lessee only if written notice of cancellation is received by Owner at least six months prior to the Commencement Date. In no event shall the Security Deposit be refunded if the reservation for the Premises is cancelled by Lessee within the six month period prior to the Commencement Date. For reservations cancelled inside four months prior to the Commencement Date, the Lessee will also be responsible for the total Rent (excluding the cleaning & supplies fee) unless Owner is able to replace the reservation with a new booking at the same rate. No exceptions to the cancellation policy can be made for weather, health related reasons, or family emergencies. Any remaining Security Deposit shall be returned to the Lessee without interest within a reasonable period of time after the Termination Date.

5. Use and Lessee's Covenants and Duties.

(a) Occupancy of the Premises and use of the furnishings therein shall be limited to Lessee and Lessee’s guests and invitees, which shall be restricted to a maximum number of occupants at any one time as identified in the Reservation Information section of this Agreement ("Number of Occupants"). Lessee agrees to pay an additional charge or $250 per person(s) over the maximum occupancy. Over occupancy of the Premises during the Term without the prior written consent of Owner and without the payment of the additional charge set forth in the preceding sentence shall constitute a material breach of this Agreement and shall result in the forfeiture of the Security Deposit.

(b) In addition to Lessee’s other obligations under this Agreement, Lessee covenants and agrees to:

(i) to review and observe all terms in the Welcome Book (as may be adopted or amended from time to time) affecting the use of the Premises and the common property and facilities located at the Building, provided any exceptions to Welcome Book or this Agreement must be approved in writing in advance;

(ii) keep the Premises in good repair and in as clean and safe conditions as that in which the Premises was in at the Commencement Date, subject only to ordinary wear and tear; keep the Contents in good repair and take due and proper care of the Contents; dispose of all rubbish, garbage, and other waste in a clean and safe manner so as to prevent insect, bug, or rodent infestation or other hazards; and park on the Premises only in the designated driveway area only;

(iii) not destroy, deface, damage, alter or remove any part of the Premises or the Contents, and, in furtherance of the foregoing, Lessee acknowledges and agrees that Lessee shall be Lessee will be responsible for payment to Owner for all damages of any type to the Premises or the Contents arising out of or resulting from Lessee's (or any other person on the Premises at the invitation of Lessee) action, inaction or negligence;

(iv) not smoke inside the Premises nor outside near any areas close to the tiki lights, boats, and storage units; Lessee’s breach of this provision is considered material and shall result in the forfeiture of the Security Deposit;

(v) not keep more than 2 dogs on the Premises except with the prior written consent of the Owner; Lessee’s breach of this provision is considered material and shall result in the forfeiture of the Security Deposit;

(vi) not possess or use fireworks of any kind except with the prior written consent of the Owner; not store or bring upon the Premises or the Building any hazardous substances or any articles of a combustible or dangerous nature, or use the Premises for any activity or purpose that violates any criminal law or governmental regulation; Lessee’s breach of this provision is considered material and shall result in the forfeiture of the Security Deposit;

(vii) not permit or do on the Premises anything which may be a nuisance or annoyance to or in any way interfere with the quiet enjoyment of the other residents in the vicinity of the Premises;

(viii) promptly notify Owner in writing, email or text of any destruction, defacement, damage, alteration, removal or deficiencies to the Premises or the Contents occurring during the Term, or of the need of replacement of or repairs of any Contents needed during the Term;

(ix) permit Owner or its agents and representatives at all reasonable times upon reasonable notice (except in the case of emergency when no notice shall be required) to enter the Premises for the purpose of inspecting, maintaining, or repairing the Premises or its Contents or for the purpose of ensuring that the terms of this Agreement are being complied with;

(x) vacate the Premises on or before the Termination Date while following the Check-Out Procedures set forth in the Welcome Book, and return all keys to the Premises, the Contents and the Building to Owner at the place specified by Owner; and

(xi) pay for any long-distance telephone calls made from the Premises and any TV / Satellite pay-per-view charges during the Term, with any charges being due upon the Termination Date, or deducted from the Security Deposit if such charges are not paid immediately upon termination of this Agreement.

6. Owner Duties. The Owner covenants with the Lessee as follows:

(a) Subject to Lessee paying the Rent and performing and observing the covenants contained in this Agreement, Owner shall permit the Lessee to peaceably hold and enjoy the premises without any interruption by the Owner, provided that Owner shall have reasonable access as specified in this Agreement.

(b) In the event the Premises sustains a major failure of a system or amenity (during the term of this Agreement), including but not limited to water, sewer, septic, heating or air conditioning, electrical, mechanical, ventilating, structural systems, grill, wood fireplace, or major appliances, Owner shall promptly cause repair of the system or amenity upon receipt of notification from Lessee that repairs are needed. Lessee agrees to permit Owner or Owner's agents to have reasonable access to the Premises to inspect and make such repair in a commercially reasonable manner and time. Notwithstanding the foregoing, Owner shall not be liable to Lessee in damages and no refunds will be given for such temporary failure, provided the Owner is causing the system or amenity to be repaired in a commercially reasonable manner after having received notification from Lessee that repairs are needed.

7. Acts of God; Noise & Other Nuisances. Owner shall not be liable for events beyond Owner's control that may interfere with Lessee's occupancy, including but not limited to Acts of God, acts of governmental agencies, fire, strikes, war, pest control problems or other animals or pets or wildlife, inclement weather, including flooding and construction noise from nearby sites. Owner is not responsible for any noise, nuisance, or other actions by any neighbors of the Premises, or any damages of Lessee or Lessee’s guests or invitees relating thereto. NO REBATE OR REFUND will be offered in these circumstances. Owner will not be held responsible for any missing or stolen items during the length of Lessees stay.

8. Safety & At Your Own Risk. Lessee and Lessee’s guests and invitees use of the dock on the Premises and the lake abutting the Premises and the paddleboards, paddleboat and kayaks is “AT YOUR OWN RISK.” LIFEJACKETS SHOULD BE WORN AT ALL TIMES WHEN NEAR THE WATER. LESSEE AND LESSEE’S GUESTS AND INVITEES ARE RESPONSIBLE FOR PROVIDING CORRECT-FITTING LIFE JACKETS FOR EVERYONE. CHILDREN SHOULD BE SUPERVISED AT ALL TIMES WHEN ON THE PREMISES, ESPECIALLY WHEN NEAR THE DOCK, OR LAKE. UNSAFE OR DANGEROUS ACTIVITIES ARE STRICTLY PROHIBITED AS SERIOUS INJURY OR DEATH COULD OCCUR, INCLUDING BUT NOT LIMITED TO THE FOLLOWING ACTIVITIES: (I) DIVING AND JUMPING FROM THE DOCK INTO THE LAKE; (II) DIVING AND JUMPING FROM THE SHORE INTO THE LAKE; (III) USE OF THE PADDLEBORDS, PADDLEBOAT OR KAYAKS; (IV) JUMPING FROM THE DOCK INTO THE LAKE NEAR OR AROUND THE BOAT LIFTS OR JET SKI FLOAT OR DOCK CABLING; and (V) RUNNING, WRESTLING, OR OTHER ROUGH PLAY AROUND THE DOCK, STEPS AND DECKS. Repair or restoration of the dock necessitated by damage to the dock caused by the actions of Lessee or Lessee’s guests or invitees shall give rise to Owner’s ability to offset from the Security Deposit and charge additional amounts in accordance with Section 9 of this Agreement.

9. Indemnification and Hold Harmless. Lessee herby releases Owner, and further agrees to indemnify, defend and hold harmless Owner, from and against any and all liabilities, claims, demands and suits and any damages, injury, theft, cost or expense whatsoever arising from or related to any claim or litigation which may arise out of or in connection with Lessee's use and occupancy of the Premises including but not limited to any claim or liability for property damage or theft of property or personal injury sustained by any person (including Lessee and Lessee’s guests and invitees), or from any damage or injury resulting or arising from any other cause whatsoever, including any negligent acts of any person (Collectively :Damages”), and Lessee shall be solely responsible for any and all Damages, it being understood by and between the Parties that this clause is material to Owner entering into this Agreement and constitutes a significant part of the consideration relative to the amount of the Rent paid by Lessee. This obligation and agreement of Lessee shall further apply to all of Lessee’s guests and invitees, and all other persons present or permitted on the Premises under the direction or permission of Lessee.

Except as otherwise expressly provided in this Agreement, Owner is not providing any warranty of any kind, whether written or oral, statutory or contractual, express or implied, including, without limitation, THE WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE, which are hereby expressly excluded to the extent permitted by law.

Lessee’s liability for damages to the Premises shall not be limited to the amount of the Security Deposit. Lessee’s liability shall include full payment for the restoration or repair to any portion of the Premises damaged by Lessee or Lessee’s guest or invitees.

Lessee shall be solely responsible for any thefts, acts of vandalism, or other damage or loss of personal property located on the Premise on the Commencement Date and any personal property brought onto the premise by Lessee or Lessee’s guest or invitees that may occur during the term of this Agreement, whether said damage or loss be the property of Lessee or Lessee’s guests or invitees, or any other person or persons present or permitted on the premises under the direction or permission of Lessee. Owner shall not be responsible for any lost or missing items of personal property belonging to Lessee or Lessee’s guest or invitees. Such items of personal property will be returned if found by Owner, at the sole expense of Lessee, only if reported to Owner within the 30-day period after the Termination Date.

10. Assignment. Lessee shall not assign this Agreement or sublet the Premises in whole or part without written permission of Owner, which permission may be withheld in the exercise of Owner's sole discretion.

11. Non-Waiver. Waiver by Owner of any breach by Lessee of any of the terms and conditions of this Agreement shall not constitute a continuing waiver of such breach or a future waiver of such or any other breach of this Agreement by Lessee.

12. Governing Law; Jurisdiction. This Agreement and any action related thereto shall be governed by and interpreted in accordance with the laws of the State of Ohio, without giving effect to any conflicts of laws principles that require the application of the law of a different state. Each Party hereby expressly consents to the exclusive personal jurisdiction and venue in the state and federal courts in the Ohio county in which Owner’s Address is located for any dispute arising from or related to this Agreement. No action, arising out of the transactions under this Agreement may be brought by either Party more than one year after the cause of action has accrued.

13. Miscellaneous. This Agreement, together with any attachments referenced herein and attached hereto, constitutes the entire agreement between the Parties relating to the subject matter hereof, and supersedes all prior written oral negotiations, representations, or agreements. No modification of this Agreement shall be binding on either Party unless it is in writing signed by both Parties. Each section, subsection or paragraph of this Agreement shall be deemed as severable, and if for any reason any portion of this Agreement is unenforceable, invalid or contrary to any existing or future law, such unenforceability or invalidity shall not affect the applicability or validity of any other portion of this Agreement. The remedies provided to Owner hereunder shall be cumulative and the exercise of any remedy hereunder or any such remedy provided at law or in equity shall not preclude Owner’s use or exercise or any other remedy. For all purposes hereunder, facsimile or emailed scanned signatures shall be deemed to be originals and such facsimile or scanned signatures shall be given the same effect as would an original signature. The Parties acknowledge that they have read this Agreement, understand it, and agree to be bound by its terms and conditions.

14. Questions & Issues – Please Call!! THANKS!!

Paul

1291 Big Creek Road, LaFollette, TN 37766

PH – Paul Cell = 513-257-4291

Hudakpaul03@

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