RENTAL AGREEMENT between Boyne Mountain Getaway, LLC and __________________________________, residing at __________________________________, with telephone number (________) ________-______________ and e-mail address __________________________________ is/are hereafter referred to as "Guest".
Boyne Mountain Getaway, LLC, PO Box 250634, West Bloomfield, MI 48325, (telephone 248-227-3585), is the owner of the premises defined below, and is hereafter referred to as "Owner".
Guest and Owner agree that Guest will rent a Condominium with address 02501 Disciples Court, Unit #652 Boyne Falls, Michigan 49713 (hereafter referred to as "premises"). There is/are 5 bedrooms and 5 full, 0 half bathroom(s) on the premises.
(1) TERM: The rental term shall commence on _______/_______/_______ at 04:00 PM and terminate on _______/_______/_______ at 11:00 AM. This shall be referred to as the "stated term". Guest and occupants shall not occupy or enter the premises before the beginning of this term, or after the end of this term.
(2) RENT/SECURITY DEPOSIT: Rent shall be in the amount of $_____________.______ for the stated term; in addition, Guest shall provide a security deposit in the amount of $500.00, for a total amount of $500.00. It is agreed that this total amount shall be paid in advance of the stated term as follows: 20.00% of the total rental amount is required as a deposit to reserve the premises for the stated term; there is no reservation until this is received by Owner. The remaining balance shall be paid by Guest and received by Owner at least 21 day(s) prior to the beginning of the stated term. In the alternative, Guest can provide 100% of the total amount at the time the reservation is made. These payments are to be provided to Boyne Mountain Getaway, LLC, PO Box 250634, West Bloomfield, MI 48325. Guest further agrees to pay $50.00 for each dishonored bank check, if applicable.
(3) CANCELLATION: Guest or Owner, at their option, shall be allowed to cancel the reservation and/or this agreement, so long as notice of cancellation is sent in writing to the other party at least 30 day(s) prior to the beginning of the stated term. In such event, any money paid by Guest shall be returned to Guest.
(4) GENERAL TERMS: A) This agreement is made for the short term vacation rental of a Condominium in Michigan, and shall be governed solely by applicable law in the State of Michigan. B) Venue for enforcement shall be in the County where the property is located or the County where the Owner resides. C) If any section, clause, paragraph or term of this agreement is determined to be void, invalid or unenforceable, the remainder of this agreement shall remain valid and enforceable. D) It is understood that the premises are not "child-proofed". E) Guest agrees to enforce the terms of this agreement with any and all other occupants of the premises at all times. F) Sorry, no refunds will be given due to inclement or undesirable weather. G) Guest certifies that at the time of signing this agreement, Guest is/are at least 25 years of age.
(5) SHORT-TERM RENTAL; NO SUBLET OR ASSIGNMENT: It is expressly understood that this is a short term vacation rental agreement only, and is only for the licensed use of the premises for that stated term. This agreement is not a lease of real property, and creates no property rights or rights to renewal. Guest cannot and shall not sublet or assign any rights under this agreement to anyone else, nor shall Guest attempt to do so.
(6) OCCUPANCY; PEACEFUL AND QUIET USE OF PREMISES: The premises shall be used as a short term vacation rental of a Condominium in Michigan, with no more than 18 people on the premises at any time. The premises shall be used in a peaceful and quiet manner at all times. The premises shall not be used for any other purpose without the written consent of Owner.
(7) JOINT AND SEVERAL LIABILITY: It is expressly understood that this agreement is between the Owner and each signatory jointly and severally. In the event of default by any one signatory, each and every other signatory shall be responsible for all provisions of this Agreement. It is expressly understood that such joint and several liability extends to all occupants of the premises during the stated term.
(8) ORDINANCES AND STATUTES: Guest and all occupants shall comply with all statutes, ordinances and requirements of all municipal, state and federal authorities pertaining to the use of the premises.
(9) LIABILITY OF GUEST AND OWNER: Guest and all occupants are and shall be responsible for any and all personal injuries or property damages, whether caused by accident or by the negligence or intentional act of any guest, agent, visitor, invitee, licensee, trespasser or occupant of the premises at any time during the stated term. Additionally, Owner is and shall be released from any and all liability arising out of same. Guest waives and releases Owner and its employees from liability for any negligence of Owner or its employees. Guest further agrees to defend, indemnify and hold Owner and its employees harmless for any and all personal injuries or property damages, and/or claims for same, for any reason or cause whatsoever, either in or around the premises and/or arising out of Guest's or occupants' use of the premises. Guest agrees that any judgment against Owner may only be enforced against the premises.
(10) MAINTENANCE, REPAIRS OR ALTERATIONS: Guest shall not make any alterations to the property. All repairs and maintenance will be handled by Owner.
(11) INSURANCE COVERAGE: Guest acknowledges and agrees that any insurance coverage (fire, hazard, liability, etc.) obtained by Owner does not extend to or on behalf of Guest. If Guest desires insurance coverage for any reason, it is understood that same is Guest's responsibility.
(12) RIGHT OF ENTRY/ENFORCEMENT OF TERMS: If any condition of this agreement is breached by Guest or any other occupant of the premises, Owner retains the right to enter and/or take possession of the premises. In such event, Guest shall forfeit all rent paid or owing. It is further understood that any failure by Owner to strictly enforce any term of this agreement shall not operate to act as a waiver of any such term, which shall remain in full force and effect.
(13) ATTORNEY FEES: If Owner employs or is forced to employ the services of an attorney to enforce any condition of this agreement, or for any other reason allowable by law, Guest shall be responsible for Owner's incurred costs and fees in this regard.
(14) CONDITION OF PREMISES: It is agreed that Guest shall leave the premises undamaged and unchanged, and in the same condition in which it was received, with the exception of evidence of normal usage of the premises. Owner shall utilize a cleaning service at the end of the stated term. Any property damage shall be reported to Owner immediately.
(15) SECURITY DEPOSIT: Owner may use the security deposit for unpaid rent or for reimbursement of actual damages to the premises or an ancillary facility that are the direct result of intentional or negligent conduct of Guest or occupants. The appropriation of all or part of this security deposit shall not be the Owner's exclusive remedy, but shall in addition to any other available remedies. Otherwise, the security deposit or any remainder shall be returned to Guest (at the address provided by Guest) within 30 day(s) after the premises have been vacated by Guest and inspected by Owner. No interest shall accrue to Guest on any such deposit. At Owner's option, Owner may simply retain Guest's security deposit check and return this check to Guest, undeposited. Otherwise: Owner may commingle the security deposit with any other security deposit paid to Owner, and the security deposit shall be held at Owners banking institution.
(16) LOST KEYS: A lost key fee of $25.00 per key shall apply.
* NO PETS: No pets shall be on the premises, either inside or outside, without the written consent of the Owner.
* NO SMOKING OR TOBACCO USE INSIDE: No smoking or use of tobacco is allowed inside. Smoking and use of tobacco is allowed outside, so long as no trace is left (no cigar/cigarette butts, ashes, burn marks, etc.).
* SNOW AND ICE: It is understood that the premises are located in an area that snow and/or ice is common during cold weather and/or during winter months. Owner shall not be responsible for injuries or property damage resulting from the presence or accumulation of snow and/or ice. It is agreed that appropriate caution shall be taken in this regard by Guest and by all occupants.
There are two (2) parking spots directly in front of the condo; specifically stating, while outside standing in the street facing the front of the condo, the two parking spots on the left are the two spots you are allowed to park in. The two spaces on the right belong to the owner of the unit next door (Unit #650). If you park in the the parking spaces for Unit 650 you are at risk to have your car(s) towed at your expense.
OWNER AND GUEST AGREE TO ALL TERMS OF THIS AGREEMENT.