Vacation Rental Agreement

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