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<h4 id=”h-vacation-rental-agreement”>Vacation Rental Agreement</h4> SHORT-TERM OCCUPANCY CONTRACT This Short-Term Occupancy Contract is a legal agreement between the property owner (also referred to as the “Homeowners” and “Owner” and Cadaci Realty the “Property Manger”) and you, the Guests (“Guests”). This contract is entered into agreement as of the date when the Guests place their reservation online and accepted by the Homeowner, Property Manager, or Booking Site. Guests will be notified by email when their reservation is accepted. Payment Policy: 50% due at time of booking, balance is due 30 days before arrival. If arrival is less than 30 days, 100% is due at time of booking. To book and hold your reservation, we must receive the reservation confirmation from the booking platform. By completing your reservation and obtaining a reservation confirmation number, you validate that you have read and agreed to the terms and conditions in this contract. RESERVATION DATES AND PRICES ARE AS SPECIFIED IN THE RESERVATION DETAILS ON THE BOOKING PLATFORM OR WEBSITE. Guests agree to provide name, phone number and email of person making reservation. Names of all overnight guests required before arrival. This rental agreement applies to all guests, regardless of whether their name is on the reservation. Check in and access instructions will be provided after reservation is confirmed. Cleaning and Linen Service Policy: The home is provided with pillows, linens, blankets, towels, kitchen towels, comforters, hand towels and wash cloths including extras located in closets. A cleaning service to clean the house and linens on your departure is included on your invoice. You are responsible that all debris, rubbish, and discards are placed in plastic bags and transferred to the large trashcans located on the side of the garage in the back yard, and soiled dishes and cooking utensils are placed in the dishwasher and cleaned. Linens, blankets, pillows, bedspreads, comforters, and towels are provided. It is standard for beds (except bunk beds are not fully made) to be made for Guests arrival as part of the linen and cleaning service. The home is provided with a starter set of toilet paper and paper towels. Owners do not guarantee that these extra items will always be available, and guests may need to replenish their own paper goods, toiletries, and laundry detergent, etc. Rental Agreement: We, the Guests, agree to the following: 1) PAYMENT DUE: All rental monies are due according to the payment schedule disclosed under “Payment Policy” above on reservation acceptance. 2) CANCELATION POLICY: Guests who cancel at least 30 days before check-in will get back 100% of the amount they have paid. If they cancel between 14-and 30 days before check-in, they will get back 50%. Cancellations between 1-13 days will not get a refund. EARLY DEPARTURE – There are NO REFUNDS for EARLY DEPARTURE. 3) WEATHER AND STORMS: There are NO REFUNDS for Monsoons, storms, or weather conditions, even if a mandatory evacuation is ordered. Guest ASSUMES THE RISK. 4) CONDITION OF PROPERTY: Property Managers have, to the best of their ability, given an accurate description of the property and its condition. Guest understands that it is considered as reserved “sight unseen”. Our cleaning staff will have cleaned it before your occupancy. All electrical, plumbing and appliances should be in working order. The failures of operation of certain extra amenities, such as TVs, cable, games, or the Internet and Wi-Fi service are not a basis for any refund. We will make every effort to have these items repaired but do not guarantee that they will be repaired during Guest’s occupancy. When you arrive, if you find that the house has not been cleaned to normal standards, please notify the Property Manager immediately. We will do our best to have tradesmen attend to the problems but may not be able to fix everything over holidays and weekends. Under no circumstances will any of the rental money be refunded or returned because of the condition of the house. The Guest agrees to hold the Owner/Property Manager harmless from any liability for the condition of the house. 5) CLEANING AND REPAIRS: All homes have cleaning included in the total rent. Please note that cleaning does not include dishes and cooking utensils. If additional cleaning is required after you leave, it will be charged to your credit card. Guest agrees to keep house, furniture, and furnishings in good order. Removing, adding, or changing furniture without Owner’s written approval shall be deemed a material breach of this Rental Agreement, and is strictly prohibited. Guest is responsible for cost of replacement of any damage to furniture or premises and replacement of missing items. Under no circumstances can any furnishing or linen be taken outside except for those items specifically mentioned in paragraph 8. Guest shall notify property manager if any repairs are required. 6) ENTRY OF PREMISES: Owner or Property Manager may enter the premises during reasonable daylight hours with permission from Guest. For inventory and maintenance purposes a property management employee of the Owner may need to enter the premises. The same permission procedure applies as above. In any emergency, Owner or Owner’s servicing agents may enter the premises at any time without permission of Guest for the purposes of making repairs to alleviate such emergency. If Guest abandons or vacates premises, Owner may, at his option, terminate this agreement, re-enter the premises and remove all Guest’s property. 7) ACCIDENTAL DAMAGE – Guests will be completely responsible for all damage to the home or property caused by Guests, whether accidental or due to Guest’s negligence. Guest is responsible for cost of replacement of any damage to furniture or premises and replacement of missing items. We reserve the right to charge the credit card on file for damages. 8) USE OF EXTRAS: The owner makes available extra beach towels for use at the pool, hot tub or patio use. If Guests use any of these items they will wash, dry, and return them to their prior location or Guests will be assessed a cleaning fee of $50.00. Any unused beds will be left as found. Leave used beds unmade and used towels on the bathroom floor or laundry room. 9) ASSUMPTION OF RISK: No lifeguard is provided at any time. Accordingly, persons using the private pool or hot tub, or the community pool and hot tub, do so at their own risk and the owner/property manager assume no responsibility for accident or injury. No one should swim alone. Guests’ Guests and invitees of Guests will hold the Owners harmless from any and all bodily injury and/or property damage incurred on the property arising out of Guests’ negligent acts or omissions. See disclaimer below. If property has a pool fence, keep gate closed. Do not remove or take down pool fence without written permission. Additional charges apply for take down and put up and must be done by our staff. Guests must always supervise children. 10) CHILD PROOFING: Guest understands that no special efforts have been made to “childproof” this house and accept the risk of harm to any children allowed on the property. These risks are not limited to, but include access to the pool and hot tub, adjacent street, cleaning supplies in the house and plants in the house, patio and on the street, that might be poisonous if ingested. 11) FURNITURE: All furniture must be returned to its original location on Guest’s departure, or an additional charge will be made. 12) HOT TUB: No Children under the age of 6 permitted in hot tubs at any time. When using the hot tub, remember there is a certain health risk associated with this facility. Use at your own risk. DO NOT STAND ON THE HOT TUB COVERS. Hot tub covers are for insulation purposes and are not designed to support a person or person. They will break and you may be charged for replacement. Remember when not using the hot tub, leave cover on so tub will stay warm. 13) INSIDE FIREPLACE: Some homes have fireplaces inside the home. If so, please keep in mind the fireplace is a non-vented gas log fired firebox. Please do not throw any paper or other combustible materials in the fireplace. 14) MISSING ITEMS: Guests will be charged for any missing items reasonably attributable to Guests and not returned after notification. The cleaning service performs an inventory/survey of the property after Guests depart and notifies the Owner of any missing items. Owner will notify Guests if items were inadvertently taken and provide Guests the opportunity to return the missing items. 15) USE OF SECURITY CAMERAS: Guests understand and accept that the property is protected with outside security cameras. These cameras are used to protect the property from potential break-ins and theft. There are NO cameras inside the house. 16) PERSONAL PROPERTY: Guest understands that any personal property owned by Guest is not insured by Owner and Owner shall not be responsible for any lost, stolen, or missing property of the Guest or property of Guest left after check-out. 17) KEYS, FOB’s, and GARAGE REMOTES: Lost keys will incur replacement costs of $25. Lost gate/pool/community FOB’s will incur a charge of $150. Lost garage remotes will incur a charge of $185. 18) WEATHER CONDITION: Guest understands that Owner has no control over the condition of the weather and cannot be held liable for any changes to weather conditions or cancellation of any outdoor events due to weather. 19) NO PARTIES: This is not a party house. Any special occasions such as weddings, receptions, family reunions or increase of occupants (guests not registered on registration form) must be disclosed at the time the reservation is made and is subject to Owner’s advanced approval. Prom parties, fraternity or sorority parties and graduation parties are not allowed at any time. Adults cannot rent property on behalf of underage guests, no exception. 20) NON-SMOKING: This is a NON-SMOKING vacation rental. Evidence of smoking, such as the smell of cigarette or cigar smoke inside the home by the cleaning crew is sufficient basis to charge the Guest for smoke cleanup and removal from carpeting, AC ducts and filters and furniture. This type of clean-up is expensive, and Guest is responsible for the deep cleaning Costs incurred by Owner, which will be charged to Guest’s credit card. 21) NO PETS ALLOWED: Without prior written approval. Additional deposits may be required. If you bring a pet(s) without prior approval, this rental agreement will be forfeited, terminated and deposits will be retained, and a deep cleaning fee will apply. We reserve the right to charge the credit card on file for damages and/or additional cleaning required. 22) OCCUPANCY AND AGE RESTRICTIONS: Maximum occupancy is outlined in the property description on the booking site or website where advertised. Most properties allow a maximum of 6 total adults (18 years and over) and their children, unless located in an age restricted community or a home with other maximum occupancy notes. Some properties have a maximum occupancy of 4. Please check the property details for maximum occupancy regulations. If the property is in a 55+ Age Restricted Community, guests must be 55 or older to reserve and rent this property. Guests under 55 are permitted for visits. If located in Sun City or Sun City West, guests may purchase daily or monthly passes for the Sun City West Recreation Centers at their own expense. Property manager will assist in the Recreation Center Application. Guests will be provided Recreation Center fees, features, and location as well as other amenities in Sun City West. 23) PARKING: Parking instructions will be provided with your check instructions. Some properties have private garage parking, some have street parking, and some have assigned covered parking. Be sure to review the parking instructions before arrival. 25) DISTURBANCE AND VIOLATION OF LAWS: Guests and invitees of Guests shall not use the premises for any unlawful purpose and shall comply fully with applicable federal, state, and local laws and ordinances, including laws prohibiting the use, possession, or sale of illegal drugs. Nor shall Guests, and invitees of Guests use the premise in a manner offensive to others. Nor shall guest or invitees of Guests create a nuisance by annoying, disturbing, inconveniencing or interfering with the quite enjoyment of any other nearby resident. Guest agrees to immediately inform Owner and Property Manager the appropriate authorities upon obtaining actual knowledge of any illegal acts on or upon the premise. Guest’s Responsibilities and Duties: A. To keep the premises clean and in substantially the same condition as received upon occupancy. B. To dispose from the premises all rubbish, garbage, and other waste in a clean and sanitary manner in the trash cans provided. C. To properly use and operate all electrical, gas, and plumbing fixtures and keep them clean. D. Not to permit any person on the premises, with his permission, to willfully or wantonly destroy, deface, damage, impair or remove any part of the structure or dwelling unit or the facilities, equipment, amenities, or appurtenances thereto, nor himself to any such a thing. E. To occupy the premises as his abode, utilizing portions thereof for living, sleeping, cooking, or dining purposes only which were respectively designed or intended to be used for such occupancies. Guest agrees that any violation of these provisions shall be considered a breach of the contract. 26) CHECK-IN AND CHECKOUT: Check-in is at 5:00 PM and checkout is 10:00 AM unless other arrangements have been made. A late checkout is subject to extra rental charges at the rate of $100/hour after a grace period of 30 minutes. Guests may arrange for extra nights in advance to avoid any late checkout fees. Extra nights are charged at the daily rate and may be granted if available. If Guests are not present when cleaning crews arrive and have left their possessions in the house, cleaning crews will collect their possessions and remove them from the premises in order to prepare the unit for incoming Guests and Guest will be charged $150 for this service. PLEASE checkout promptly, the cleaning crews have a very short time window to prepare the unit for new Guests. 27) CHECK-OUT PROCEDURES: Guests are responsible to complete the check-out procedures in the provided guest package that includes a check out list and to ensure that the keys, fob’s, garage remotes, and parking passes are placed back in the specified locations and the home is locked upon check out. 28) HOLDING OVER: Because of the nature of Owner’s business (short term winter and summer recreational rentals) Guest understands, and is hereby put on notice that any unauthorized “holding over” of the property past the stated rental period could severely jeopardize Owners’ business and cause loss of rental income from other previously booked Guests, temporary and/or permanent loss of business, goodwill and reputation and, among other things, could force Owner to breach an agreement with similar short term summer and winter recreational Guest(s) who may have reservations during Guest’s unauthorized “holding over” period. In the event, Owner may be legally liable in damages to said other Guests. Guests should be aware that unauthorized “holding over” has been construed as a factor in establishing “malicious continuing occupation” of rental property, which may entitle Owner to treble damages in any unlawful detained action. Guest also recognizes the unauthorized “holding over” could be grounds in court as a cause of action for intentionally interfering with Owner’s prospective business advantage. In addition, Owner will charge $100.00 an hour past 11:30 a.m. on day of check out. 29) RELATIONSHIP OF PARTIES: It is specifically agreed and understood that the relationship between the parties herein shall be deemed to be of proprietor and lodger or Guest as opposed to a relationship of landlord/tenant. Guest specifically acknowledges that this Contract and Guest’s occupancy of the Premises is NOT governed by the Arizona Residential Landlord and Tenant Act, A.R.S. § 33 1301 et seq. Subject only to state and federal Fair Housing Laws, Owner and Property Manager reserve the right to refuse occupancy to anyone. 30) REMEDIES: In the event of a default to the Rental Agreement, particularly, but not limited to Guests unauthorized “holding over” or those acts mentioned above in this agreement, and in addition to all other rights and remedies Owner may have at law, Owner shall have the option, upon written notice or as the Law may hereinafter provide, to immediately re-enter and remove all persons and property from premises. In such an instance, the Rental Agreement will be terminated, and Owner shall be entitled to otherwise recover all damages allowable under the Law. The Guest, as part of the considerations of this special rental, in recognition that this property is booked in advance by other guests throughout the year, hereby waives all claims for damages that might be caused by Owner; re-entry and taking possession of premises or removing or storing property as herein provided, and will hold Owner harmless from loss, costs and damages occasioned thereof, and no such re-entry shall be considered or construed to be a forcible entry as defined in the Arizona Code of Civil Procedure or other similar statutory provisions. Further, if for any reason Owner is unable to deliver possession of the premises to Guest at the commencement of the term specified in the Rental Agreement, Owner shall refund amounts paid by Guest, but shall not be liable for any other damages caused thereby. 31) ATTORNEYS FEE/DEFAULT: If any legal action or proceeding (including default, non-payments, etc.) arising out of or related to this Rental Agreement is brought by either party to this Rental Agreement, the prevailing party shall be entitled to receive from the other party, in addition to all other relief that may be granted, the reasonable attorney’s fees, costs and expenses incurred in the action or proceeding by the prevailing party. 32) INDEMNIFICATION: Guest agrees to indemnify and hold harmless Owner and Cadaci Realty for any liability arising before termination of this Rental Agreement for personal injuries or property damage caused by the negligent, willful, or intentional conduct of Guest(s). This indemnification agreement does not waive Owner’s duty of care to prevent personal injury or property damage when that duty is imposed by law. 33) PRIOR AGREEMENTS: No prior agreement or understanding not contained in writing herein shall be effective. Furthermore, Owner, other than what is specifically written and set forth herein, makes no other or further representation regarding the nature, character, and quality of the premises to be rented, and no representation shall be deemed to exist or be material unless and until it is reduced to a writing and signed by the parties. This Rental Agreement may be modified in writing only and must be signed by the parties in interest at the time of the modification. It constitutes the entire agreement of the parties. If any provision in this contract held by any court to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force. 34) FORUM SELECTION, JURISDICTION, LAW AND VENUE: The parties agree to the exclusive jurisdiction and venue of Maricopa County in Arizona for the resolution of all disputes arising under this Agreement. The sole and exclusive venue (i.e. place where lawsuit may be filed) for any legal proceedings shall be in the County of Maricopa, state of Arizona. Guest expressly waives any other right or privilege with respect to the election of venue or court (i.e., state, or federal) and location of the venue of action. GOVERNING LAW – It is expressly agreed that this Agreement shall be governed and constructed by the laws of the State of Arizona, irrespective of the state of residency of Guest. Disclaimer: Guests understand that the Homeowners and Property Managers are not responsible for any personal injury caused by slipping on wet pavement or surfaces, and that Guests are responsible for exercising care when surfaces are wet or slippery due to weather or use of hoses to wash down areas, and further, that the homeowners are not responsible for any personal injury or loss or damage to Guests’ property caused directly or indirectly from foul, inclement weather conditions, Acts of God or nature, failure of heat, accidents related to fire, heaters, stoves, Guests’ failure to take adequate precautions around wet areas, or any unforeseeable circumstances. Under no circumstances will Guests or their guests hold the Owners or Property Managers of the Vacation Rental responsible for any damages or claims of any kind resulting from their stay, except for intentional acts of harm. This agreement and disclaimer apply to Guest and all guests in the Guest’s party. I have read, understand, agree to, and will abide by this rental agreement and all conditions stated herein. I further understand that all my guests must also abide by this agreement and conditions and that I am responsible for informing them of the conditions stated here. By confirming this reservation, I further validate that I have read and agreed to the terms and conditions in this contract. 2021.07.28 cd