Short Term Rental Agreement

Contract, Terms, Policies, and Rental Agreement

Upon booking our home, you will receive the following Rental Agreement document online. All guests are required to sign the agreement for their booking to remain valid. We are always available to review it with you and answer your questions.

Thank you for choosing Timber Cover Retreat. Please take the time to thoroughly read over the terms and policies of this Agreement for renting our home. Please pay specific attention to all bolded and highlighted text.

We require a clear copy of the Lead Renter’s government-issued ID for our files (e.g. Drivers License, Passport ID page). The documentation will be held only for the duration of your stay after which time it will be permanently deleted from our files. You may upload either a photo or PDF copy at the time of booking.

This Rental Agreement for Timber Cove Retreat (“Agreement”) is for certain property located at: 22087 Gordon Ct, Jenner California 95450. This Agreement is between the owner of the Home, Michelle Vargas, Et All (“Owner”), and the Lead Renter (“Guest”) for the short-term rental of the dates below:

1. RESERVATION REQUIREMENT

Reservations are not considered “guaranteed” until the Owner receives this Agreement signed by the Lead Renter (which is defined as the rental applicant who applies to rent the Home) and accepts the Full Payment and Taxes required.

Upon acceptance of this Agreement, the Lead Renter will be charged Full Payment for the entirety of Guest’s reservation stay, including
(1) a 12% Sonoma County Transient Occupancy Tax and
(2) Cleaning Fees

(3) Deposit

Thereafter, Guest (which is collectively defined as the Lead Renter and all guests and invitees of Lead Renter) waives all rights to bank account interest that may accrue on the Initial Deposit. Upon receipt of this signed Agreement and the Initial Deposit, confirmation of Guest’s reservation will be emailed to Guest. Guest has the obligation to notify Owner of any errors in the confirmation email within one (1) business day.

2. GUESTS

Guest warrants that the Lead Renter is an adult, 25 years or older, and will be an occupant of the Home during the entire reserved period. A copy of the Lead Renter’s driver's license or passport is required and will be kept on file. Other occupants of the Home may be family members, friends, or other responsible adults.

Guests under the age of 18 are considered Minors. Minors shall stay with a parent, legal guardian, or responsible adult, and must never be left at the property unsupervised.

The Lead Renter is required to identify all guests staying or visiting the property by name. Include unique emails for adult guests. If any of the guests is a minor the age of the guest must be indicated.

Any reservation obtained under false pretense will be subject to forfeiture of advance payment, deposit and/or rental money, and the party will not be permitted to check in.

PET ARE NOT PERMITED.

3. RESERVATION INFORMATION & OCCUPANCY LIMITS

Guest certifies that the limitations of this Unit have been carefully read as set forth in this Agreement, INCLUDING LIMITATIONS ON THE NUMBER OF PERSONS PERMITTED TO OCCUPY THE UNIT AND NOISE NUISANCE CONDITIONS, and agrees to abide by such limitations. Guest agrees that if such limitations are exceeded, Owner shall have the right to cancel this Agreement. In the event it becomes necessary to cancel this Agreement as provided for in this clause, any money paid by the Lead Renter or Guest will be forfeited.

The Lead Renter will assume full responsibility for all members of the Rental Group (which is defined as all persons listed in this Agreement, as well as any invitees that were allowed into the Home without Owner’s permission) throughout the rental period. All persons listed in this Agreement or as added subsequently by the Lead Renter will be bound by the terms of this Agreement. Access to the Home will be denied to anyone who is not a registered Guest. Use of the Home will be denied to persons not identified in this Agreement and any violation will result in immediate expulsion from the Home without refund. Violation of any House Rules will also result in immediate eviction with no refund.

Guest certifies and acknowledges the property has security cameras at the entry door and outside the perimeter of the property. Guest grants consent for us to be recording them in video or still shots.

The owner utilizes a noise alert monitoring system of noise inside and outside the property in order to ensure that neighborhood noise levels are respected. There is no electronic video surveillance monitoring the interior of the house. The owner will advise guest if noise level exceeds 50dB.

THE NUMBER OF PERSONS PERMITTED TO OCCUPY AND USE THE UNIT IS LIMITED TO SIX (6) INDIVIDUALS AT ALL TIMES. GATHERINGS IN EXCESS OF THE SIX (6) INDIVIDUALS LISTED BELOW WILL REQUIRE ADVANCE PERMISSION OF THE OWNER, INCLUDING BUT NOT LIMITED TO DINNER PARTIES, EVENTS AND GATHERINGS.

Exceeding a total occupancy of 6 persons will result either in immediate eviction without compensation or a $200 per guest per night charge at the full discretion of the Owner. “Actual occupancy” includes all persons irrespective of age, and regardless of whether they are day visitors or overnight visitors.

4. RESERVATION, BOOKING, ON SALE, AND PAYMENT

Guest agrees to the rate as detailed on the listing site and quoted.

Two -Night Minimum Stay. This Unit requires a two (2) night minimum stay. Friday and Saturdays must be booked together unless prior permission is arranged. Longer minimum stays may be required during holiday periods. Base rent price fluctuation is based on demand, holidays, and special offers.

FULL Payment and Taxes required. Upon acceptance of this Agreement, the Lead Renter will be charged Full payment for the entirety of Guest’s reservation stay, including (1) a 12% Sonoma County Transient Occupancy Tax and (2) Cleaning Fees.

Other Fees. If you book via an online travel agency (Airbnb, Vrbo, etc) you will incur added guest fees payable to and collected by and paid to the booking agency. This “service fee” is NOT payable to Timber Cove Retreat.

“ON SALE”: The Owners reserve the right to place a rental period ‘on sale’ at a reduced rate without compensation to previously booked Guests.

A Credit Card will be required on file for any damage or incidental charges as detailed in this Agreement.

5. CANCELLATION POLICY

Guest acknowledges that late cancellations or early departures do not warrant any refunds of rent or Initial Deposit. Any request for cancellation request must be made in writing to Owner (email qualifies as in writing).

For this reason, Guest has been encouraged to purchase Travel Insurance, especially Cancel For Any Reason. Refunds on cancellations will be made as follows:

A flat fee of $125 is charged for every cancellation plus the following:
Up to 45 days before arrival, Guest receives 97%;
Up to 21 days before arrival, Guest receives 50%;
No refunds will be given if cancellation is made within 21 days of Guest’s arrival date.

6. SECURITY DEPOSIT/CLEANING/DAMAGE AGREEMENT

Security Deposit: A security deposit of $500 is required to be deposited with the Owner, or Owner’s designated Agent, in trust, as security for the performance by Guest of the terms of this Agreement. It will be collected separately prior to your arrival or at check-in. Guests are expected to maintain home and courtyard in good, operable, and generally clean condition. House, garage and outdoor spaces, including the barbecue, are to be maintained by guest. Guest is responsible for any damages or breakage to the Home by anyone and/or pets allowed illegally to enter the Home during the rental period.

Owner may elect to either deduct any damage from the Security Deposit or charge the credit card on file of the Lead Renter for any damage or breakage or excessive cleaning costs caused by Guest, Guests’ family, Guests’ invitees, agents and visitors (hereinafter collectively referred to as “Guest”) to the Home or furnishings of the Home during the rental period.

Cleaning: If unusual cleaning is necessary, there shall be an additional charge which shall be, at the election of the Owner, either deducted from the Security Deposit or charged to the Lead Renter’s credit card on file. Guest will be provided with copies of all additional charges with the refund of Guest’s security deposit, if any is remaining.

Please follow the Departure Checklist to avoid additional cleaning charges for excessive cleaning due to abnormal wear and tear. Guests may be charged the cost to spot clean or completely clean carpets due to excessive spotting.

It is Guest’s responsibility to maintain the Home in a neat and clean condition throughout Guest’s stay. Some cleaning supplies have been provided for Guest’s use during their stay in the Home. In Home Laundry facilities are also provided for Guest’s convenience. It is also Guest’s responsibility to load all dishes used into the dishwasher before checkout and to take their garbage and recycling to the large bins in the garage prior to departure from the Home.

Guest will be charged extra for:

Leaving excessive dirty laundry.
Leaving trash in the front or backyard.
Failure to replace all furniture and items in their original location.
Any excess cleaning charges will be charged to the credit card on file provided by the Lead Renter.

Septic System. The house is on septic. Guest understands that they will be charged above and beyond the damage Deposit amount if prohibited items are flushed & clog or damage plumbing or the septic system.

7. CHECK-IN/CHECK-OUT PROCEDURE

Check-In. Check-in time is 3:00 PM PST on the day of Guest’s scheduled arrival. No early check-ins, absent prior consent of Owner, will be allowed. Upon arrival, Guest will be given a code to unlock the door that will be operational by 3:00 PM PST on the day of the Guest’s scheduled arrival.

Guest will be given a personal code for the keyless lock upon booking. A reminder will be sent via email one day prior to Guest’s arrival.

Guest will receive a digital Welcome Book detailing the amenities of the house.

Check-Out. Check-out time is 11:00 AM PST on the day of Guest’s scheduled departure. Any delay in check-out, absent prior consent of Owner, shall result in Guest being charged for another night’s stay.

It is imperative that all Guests follow these check-ins and out times. The code to the front door will expire at time of check-out. An early arrival and/or later departure time may be possible but must be requested and granted by Owner one week prior to arrival in writing.

8. USE AND CONDITION OF THE HOME

Use of Premises. Guest shall only use the Home as a residence. The Home shall not be used to carry on any type of business, trade or event, or party without prior written consent of Owner. Guest will comply with all laws, rules, ordinances, statutes and orders regarding the use of the Home. Prior to check in, Owner will provide an outline of the house rules (“House Rules”). Guest and any invitees of Guest must comply with all of the House Rules. Failure to comply with the House Rules and/or any reservations made under false pretenses may result in loss of all of Guest’s payments made to Owner and possible removal of Guests from the Home, in addition to all other remedies available to Owner. If Guest violates any of the House Rules or conditions of this Agreement, Owner, or its agent, has the legal right to enter the Home and Guest hereby agrees to vacate the Home immediately upon the request of Owner and forfeit all rent.

Rights of use of the Home includes the Home and the front and back yards.

Condition of the Home. The Home will have been inspected and documented prior to occupancy by Guest. Upon arrival to the Home, Guest must promptly report any inoperable equipment to the Owner.

Repairs. The Owner will make every reasonable effort to have any needed repairs made. However, due to Owner’s remote location and the distance for service repair providers in the area, Owner cannot guarantee the timing for repair. No refunds will be issued for malfunctioning equipment unless it poses a safety hazard, in which case a prorated refund will be given. Non-essential equipment and facilities are provided at the discretion of Owner. Owner takes no responsibility should any non-essential provisions break down or become unusable.

Such equipment includes, but is not limited to: TV, VCRs, DVDs, Grill, Gas Firepit.

While every attempt will be made to ensure that all advertised equipment and appliances are in working order at the commencement of Guest’s stay, no reduction of rent, rebate, or refund will be issued for a mechanical failure of heater, dishwasher, washer, dryer, TV, refrigerator or other appliances.

Mechanical failure of essential property facilities such as water systems, plumbing and electrical systems, and major appliances such as stove or refrigerator, must be reported promptly to Owner. Owner will make every effort to immediately repair or replace such facilities.

If Guest refuses entry into the Home for inspection and repair of essential property facilities, no reduction of rent, rebate, or refund will be issued for a mechanical failure.
If repairs/replacements are not possible, Owner will give Guest an appropriate refund for any inconvenience. This does not apply to system failures caused by misuse, such as plumbing blockages due to improper disposal of sanitary products or other abuse.

Additional Charges Possible. Guest agrees that the rent collected by Owner does not cover accidental or intentional physical damage to the Home caused by Guest or any items in the Home, including missing items, excess cleaning caused by dirt, cooking oil, or smells, damage done by parties, additional occupancy and/or sales taxes, sanitizing charges due to smoking or having pets while in the Home, or any damage which result from violations of this Agreement.

To avoid extra charges, Guest should refrain from moving/relocating furnishing and houseware items to different locations within the Unit.
Relocation of furnishing/houseware items and disconnecting of TV/Stereo/Satellite cabling will result in an extra charge of $150.00 minimum.

Guest grants Owner the right to bill any such additional charges to the credit card number provided by the Lead Renter.

Amenities Provided. The Home is fully furnished and the kitchen is fully equipped. The Home is also equipped with an ample supply of linens, towels, dinnerware, tableware, glassware, cookware, and cooking utensils.

The owner provides a starter supply of paper towels, soap goods for the bath and kitchen, and trash bags for Guest’s use during the stay. Guest must provide all food items and condiments. Added amenities include a welcome basket of coffee, wine, and snacks.

Safety Related Amenities Provided. The Home is also equipped with safety-related amenities including fire and CO2 alarms, fire extinguisher flashlights, battery-operated candles, and batteries. Real candles are not allowed due to fire danger.

9. COMPLIANCE WITH RULES, ORDINANCES AND TCHOA
Guest agrees to comply with laws, and ordinances affecting the Home, including all applicable provisions of the laws of California.

Quiet Hours: The Timber Cove Development Quiet Hours are between 9 p.m. and 8 a.m. every day. Always, and especially during Quiet Hours, please conduct your indoor and outdoor activities in a prudent and respectful manner that will not be disturbing to your neighbors, especially during quiet hours.

No Drones: The entirety of The Timber Cove Development is a No-Drone Zone, including private lots and yards. Please leave your drones at home.

Smoking Prohibited. Smoking of any material by any means is strictly prohibited inside the Home and throughout all common areas of Timber Cove development, including roads, trails, and facilities.

Reduce Nighttime Lighting: We protect the coastal natural night sky. Excessive nighttime lighting can become a nuisance. Guest agrees to turn off exterior lighting when not using the illuminated area. Guest also agrees to reduce transmission of inside light (including light from television and computer screens) to the outside.

Guest and any invitee of Guest or other parties entering the Home during the rental period will refrain from noise and light pollution while enjoying the Home’s backyard and its amenities.

By signing this Agreement, Guest, and all invitees of Guest, hereby agree to assume all responsibility and liability for any and all injuries and/or deaths that may occur in connection with the use of any of areas of Home or property including any outdoor areas the Owner has no liability whatsoever in connection with any use of these areas.

Fire Safety Rules. No open wood fires or burning candles are allowed anywhere in The Timber Cove development. Guest may use the battery-operated candles or flashlights provided. No fireworks or pyrotechnics of any type (e.g., gender revel explosions) allowed anywhere in The Timber Cove development.

Barbecue Rules. The Home is equipped with a gas barbecue. The barbecue must remain in place. Guest may not use their own barbecue. Guest is to clean the grill after use.

Fireplace Rules. The Home has a wood-burning fireplace, we do not generally provide wood in the summer time. IF traveling with children DO NOT use the wood-burning stove as serious injury may be caused, the owner assumes no liability if this warning is disregarded.

Heat and Air Conditioning. Guest must keep thermometer for central heater set no higher than 72 degrees. When checking out, Guest must turn heat down to 62 degrees. The wood stove fireplace does provide added heat to the house but will not heat the bedrooms.

The Home has no air conditioning. Generally, the summer weather is cool with the onshore flow of the fog. By opening the windows, the Unit is readily cooled. Should it be unusually warm, ventilating fans are available.

Internet, Satellite and Cable. If for any reason internet service goes out, Owner will do everything possible to have service restored. However, Owner does not guarantee the timing of restoring internet, satellite or cable service. No rent reimbursement shall be paid for loss of service.

Garbage Rules. Guest does not need to move garbage cans to the street. Instead, we ask that you dispose of trash from the kitchen to the containers provided in the garage, these are labeled.

Wildlife Rules. Guest may encounter various insects and wildlife traditionally found in a natural environment. Owner employs year-round pest control services and requests that Guest do not feed the wildlife. For the protection of Guest and any pets, Guest shall not feed pets outside. Owner does not accept any responsibility for any personal injury or property damage caused by wildlife or insects.

Safety Rules and Guest’s Assumption of Risk. Children are welcome in the Home, however, there may be conditions in and around the Home that may pose hazards to them, as well as to adults. Owner does not assume any liability or responsibility for any injuries occurring during Guest’s stay. Children must be supervised at all times. Candles are not allowed due to fire danger.

Parking Rules. Vehicles must be parked on the property only in the spaces provided, guests must never park on the lawn. The garage door must be closed at all times. No motor homes, trailers or boats can be parked at the property at any time. Motorcycles are permitted for ingress and egress only.

Monetary Penalties for violating Timber Cove Association Rules range from $250 – $500.

In addition, any rules or regulations of Timber Cove Home Association violated by Guest, or any invitee of Guest, which results in a fine to the Home, will be charged to the Lead Renter’s credit card on file. It is the duty of each Guest to read and review the House Rules upon arrival to ensure that all regulations of the community are followed. An overview of these rules will be sent to Guest prior to arrival, and a list of the House Rules can also be found in the Home.

Noise/Nuisance. Guest shall not disturb neighbors with loud noise or music, or unlawful, unsafe or pollution-causing behavior. Should Guest allow or participate in such behavior, Guest will be evicted and forfeit the remainder of the rental fee and the security deposit. Guest understands and agrees that quiet hours at The Timber Cove Community are between 9:00 PM and 8:00 AM. Guests may be subject to any fines of up to $500.

Locked Areas. Areas that are locked, such as Owner’s personal storage spaces, for which Guest is not provided a key, are off-limits to Guest. Any attempt to enter locked areas is cause for immediate termination of this Agreement, forfeiture of all monies paid, and Guest will be liable for any damage and/or missing items.

Right of Entry. Owner, or its property manager or representative, shall have the right to enter the Home at reasonable hours for the purpose of making repairs and/or inspections. Owner, or its property manager or representative, will provide 24 hours’ notice upon entry. If access is needed for emergency purposes, Owner or Owner’s representatives shall have the right to access the Unit immediately.

Subletting. Guest acknowledges that subletting is ABSOLUTELY NOT permitted. Guests who sublet may be subject to fines of up to $1,000.00 per day.

House Rules. A copy of the House Rules will be provided to Guest with the access code information prior to check-in. Any violation of House Rules or fines assessed by The Timber Cove Association will be taken out of the Guest’s security deposit or charged to the Lead Renter’s credit card on file, at Owner’s election.

Internet Access/Downloading. Guest shall receive internet access prior to Guest’s arrival. By signing this Agreement, Guest agrees that any illegal downloading during Guest’s stay shall be the responsibility of the Guest.

Commercial Use of the House. Guests have a right to film and take pictures of themselves at our property, for their own private use, but they may not distribute those pictures or films in any way, for compensation or not, without our express written consent. Failure to abide by this requirement may result in a claim for compensation to the owners from the guest for use of the property in this manner.

Trip Insurance and Acts of God.

Guest is highly encouraged to purchase trip insurance to cover Guest’s stay in case of a natural disaster or other major event and Guest needs to cancel within 45 days of arrival. Owner strongly advises Guest to purchase CFAR (Cancel-For-Any-Reason) Travel Insurance. The Owner is not responsible for Guests inability to arrive, or if Guests chooses to depart early for any reason, or if members of Guests party do not show up. Owner is not responsible or liable nor deemed in default of this Agreement for any failure to perform or delay in performing any of its obligations due to or arising out of any act not within its control, including, without limitation, acts of God. There are no refunds for earthquakes, wildfires, storms or weather conditions, or business “shut-down” orders by state or county health officers even if a mandatory evacuation is ordered. Without trip insurance, Guest assumes the risk of any such acts of God.

10. QUIET ENJOYMENT OF PROPERTY

Quiet Enjoyment. Guest agrees that any outdoor activities that are loud or disruptive to the Timber Cove neighborhood are not permitted (Refer to item 9 above). The owner wishes to maintain a family atmosphere for the quiet enjoyment of other residents and guests. Guests shall be sufficiently quiet and peaceful, so as not to disturb other residents of the neighborhood. Guest shall be entitled to the quiet enjoyment of the Home and Owner will not interfere with that right, as long as Guest does not interfere with the right to quiet enjoyment of other residents and guests at The Timber Cove neighborhood.

Evidence of Party. If there is any evidence of a party held at the Home, excessive noise by either Guest or their pets, music, or illegal activity, Guest will be asked to vacate the Unit, no refund will be given, and a fee of $500 will be charged to the Lead Renter’s credit card on file. This fee is in addition to any additional cleaning, replacement cost of broken items, and repairs needed resulting from violation of this policy, as well as any assessed Timber Cove Association Monetary Penalties for violation ranger from $250 – $500.

In addition, any rules or regulations of The Timber Cove Home Association violated by Guest, or any invitee of Guest, which results in a fine to the Home, will be charged to the Lead Renter’s credit card on file. It is the duty of each Guest to read and review the House Rules upon arrival to ensure that all regulations of the community are followed. An overview of these rules will be sent to Guest prior to arrival, and a list of the House Rules can also be found in the Unit.

Noise/Nuisance. Guest shall not disturb neighbors with loud noise or music, or unlawful, unsafe or pollution-causing behavior. Should Guest allow or participate in such behavior, Guest will be evicted and forfeit the remainder of the rental fee and the security deposit. Guest understands and agrees that quiet hours at The Sea Ranch are between 9:00 PM and 8:00 AM. Guests may be subject to any fines of up to $500.

Locked Areas.Areas that are locked, such as Owner’s personal storage spaces, for which Guest is not provided a key, are off limits to Guest. Any attempt to enter locked areas is cause for immediate termination of this Agreement, forfeiture of all monies paid, and Guest will be liable for any damage and/or missing items.

Right of Entry. Owner, or its property manager or representative, shall have the right to enter the Unit at reasonable hours for the purpose of making repairs and/or inspections. Owner, or its property manager or representative, will provide 24 hours’ notice upon entry. If access is needed for emergency purposes, Owner or Owner’s representatives shall have the right to access the Unit immediately.

Subletting. Guest acknowledges that subletting is ABSOLUTELY PROHIBITED. Guests who sublet may be subject to fines of up to $1,000.00 per day.

House Rules. A copy of the House Rules will be provided to Guest with the access code information prior to check-in. Any violation of House Rules or fines assessed by The Timber Cove Home Association will be taken out of the Guest’s security deposit or charged to the Lead Renter’s credit card on file, at Owner’s election.

Trip Insurance and Acts of God.

11. HOLD HARMLESS

Owner expresses no guarantees, express or implied, regarding suitability or fit-ability for any particular purpose. Owner will use its reasonable best efforts to make the appropriate repair and/or replacement of any problems with the Home as soon as possible under prevailing circumstances. It is Guest’s responsibility to immediately notify Owner of any issues that they incur during their stay so that the repair and/or replacement may be promptly taken care of. Owner is not responsible for any inconveniences for which Owner has no immediate control. These inconveniences may include, but are not limited to, the following: (i) breakdown of televisions, hot tubs, saunas, and/or other recreational appliances or devices; (ii) power outages; (iii) adverse weather and/or road conditions; (iv) construction in the area; (v) wildfires; and (vi) Home that is not decorated and/or accommodated to Guest’s individual tastes. Owner shall not be held liable, or otherwise take any responsibility, for any injuries that may occur to Guest, and/or Guest’s visitors or invitees, that is caused or permitted to be caused by the intentional, unintentional, negligent, or careless acts of said Guests, and/or Guest’s invitees or visitors.

By the written or electronic endorsement of this Agreement, Guest agrees to forever hold-harmless and indemnify Owner from any liability and/or responsibility for any liabilities, theft, damage, personal injury, cost or expense whatsoever arising from or related to any claim or litigation which may arise out of or in connection with Guest or Guest’s invitees’ and visitors’ use and occupancy of the Unit or the failure of Guest or Guest’s invitees or visitors to observe the House Rules.

12. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, SHALL OWNER BE LIABLE TO GUEST, GUEST INVITEES, GUEST VISITORS OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR GUEST’S RENTAL OF THE UNIT. IN NO EVENT WILL OWNER BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNTS ACTUALLY PAID BY GUEST IN CONNECTION WITH THIS AGREEMENT EVEN IF OWNER SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

13. ASSUMPTION OF RISK

Any persons using the outdoor areas, common areas, should do so at their own risk and Owner assumes no responsibility for accident or injury. No children should be left alone and Guest holds Owner harmless from any and all bodily injury and/or property damage incurred on the property. Guest understands that no special efforts have been made to “childproof” the Unit and Guest accepts the risk of harm to any children that Guest allows in the Home and on the property. These risks include but are not limited to the ocean, creek, cliffs, wildlife, trees, firepit, adjacent streets, cleaning supplies in the Home, plants in the Home or outside the Home that may be poisonous and use of the patio and front yard.

14. REMEDIES IN EVENT OF DEFAULT

In the event of default of this Agreement, particularly but not limited to Guests “holding over” or those acts prohibited by this Agreement, and in addition to other rights and remedies Owner may have at law, Owner shall have the option to immediately re-enter and remove all persons and property from the Home. In such instances, this Agreement will be terminated and Owner shall be entitled to recover all damage allowable by law. Guest, as part of the considerations of this special rental, in recognition that this Home 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 the Home or removing or storing property and will hold Owner harmless from any loss, costs and damages. No re-entry will be considered or constructed to be forcible entry as defined in the California Civil Code or other similar statutory provisions. Further, if for any reason, Owner is unable to deliver possession of the Home to Guest at the commencement of the rental term, Owner shall refund amounts paid by Guest but shall not be liable for any other damages caused thereby.

15. PRIVACY POLICY

Owner respects the privacy of every individual who applies to rent the Unit. Owner only processes and uses the personal information obtained from Guest for the specific business purposes that Guest has authorized in connection with this transaction and based on this Agreement. Owner does not sell any customer information to third parties.

16. GOVERNING LAW

This Agreement and all transactions contemplated by this Agreement shall be governed by and construed and enforced in accordance with the law of the State of California. Any civil action or legal proceeding arising out of or related to this Agreement shall be brought in the courts of record in the State of California in Sonoma County.

17. ENTIRE AGREEMENT

THIS AGREEMENT COMBINED WITH ANY AND ALL COMMUNITY AND HOUSE RULES AND REGULATIONS (IF APPLICABLE) SERVES AS THE ENTIRE AGREEMENT. NO ADDITIONAL PROVISIONS ARE EXPRESSED NOR IMPLIED. THIS AGREEMENT SUPERSEDES ANY AN ALL PREVIOUS ORAL AND/OR WRITTEN, EXPRESS AND/OR IMPLIED AGREEMENTS. UPON WRITTEN OR ELECTRONIC ENDORSEMENT, GUESTS AGREE THAT THEY HAVE READ AND UNDERSTOOD THIS AGREEMENT, AND ACCEPT ALL TERMS, CONDITIONS, COVENANTS AND RESTRICTIONS, WITHOUT EXCEPTION.