[vc_section][vc_row][vc_column][vc_empty_space height=”60px”][homey-section-title homey_section_title=”Rental Agreement” homey_section_subtitle=”” homey_section_title_align=”text-center” homey_section_title_color=”” fontsize_title=”40″ lineheight_title=”50″ fontsize_subtitle=”” lineheight_subtitle=””][/vc_column][/vc_row][vc_row][vc_column width=”1/6″][/vc_column][vc_column width=”2/3″][vc_empty_space height=”60px”][vc_column_text]The following agreement applies to the rental of the property through Blue Barrel Homes. The Guests/Renter and each and every adult member in the booking (“Guest”/“Guests”) jointly and severally agree to be legally bound by these terms and conditions.
1) PAYMENT DUE: All rental monies are due upon receipt of the invoice.
2) CANCELLATION/FEES: All reservations are non-refundable and no monies are returned if the booking is canceled less than 90 days prior to the check-in date. If cancellation is done more than 90 days before check-in then 50% of the total rental will be refunded. The total rental includes all charges on the paid-in-full invoice. EARLY DEPARTURE – There are NO REFUNDS for EARLY DEPARTURE. All canceled reservations shall have a $250 cancelation fee deducted. This is to cover our admin costs and credit card processing fees.
3) CONDITION OF PROPERTY: Owners have, to the best of their ability, given an accurate description of the property and its condition. Guests understand 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 WiFi service are not a basis for any refund. The owner will make every effort to have these items repaired but does not guarantee that they will be repaired during Guests’ occupancy. When you arrive, if you find that the house has not been cleaned to normal standards please notify the Owner 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. The Guests agree to hold the Owner harmless from any liability for the condition of the house.
4) CLEANING & REPAIRS: Please note that post-stay cleaning does not include dishes and cooking utensils. If additional cleaning is required after you leave, it will be billed back to you at $50/hour. Guests agree to keep the house, furniture, and furnishings in good order. Removing, adding, moving, or changing furniture without the Owner’s written approval shall be deemed a material breach of this Rental Agreement, and is strictly prohibited. Guests are responsible for the 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 off the property, with the exception of pool towels.
5) ENTRY OF PREMISES: With Guests’ permission, which is hereby given, the Owner or Owner’s representative may enter the premises during reasonable daylight hours without securing prior permission from Guests but shall give Guests notice of such entry immediately prior if possible and immediately thereafter. 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 an emergency, the Owner or Owner’s servicing agents may enter the premises at any time without permission of Guests for the purposes of making repairs to alleviate such an emergency. If Guests abandon or vacate premises, the Owner may, at his option, terminate this agreement, re-enter the premises and remove all Guests’ property.
6) ACCIDENTAL DAMAGE INSURANCE: Guests will be completely responsible for any and all damage to the home or property caused by Guests, whether accidental or due to Guests’ negligence. They agree to be billed back and pay upon the presentation of the invoice.
7) CHILD PROOFING: Guests understand that no special efforts have been made to “childproof” this house, and accept the risk of harm to any children we allow on the property. These risks are not limited to but include access to the pool, adjacent street, cleaning supplies in the house, and plants in the house, patio, and on the street, that might be poisonous if ingested.
8) FURNITURE: All furniture must be returned to its original location on Guests’ departure or an additional charge will be made. $35 for each item moved shall be assessed. Guests are encouraged to take pictures prior to their departure.
9) 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. The owner will notify Guests in the event that items were inadvertently taken, and provide Guests the opportunity to return the missing items.
10) USE OF SECURITY CAMERAS: Guests understand and accept that the property may be protected with outside security cameras. These cameras are used to protect the property from potential break-ins and theft and to verify that no Guests or pets are on the property that was not part of the reservation. There are NO cameras inside the house.
11) PERSONAL PROPERTY: Guests understand that any personal property of and used by Guests is not insured by the Owner and the Owner shall not be responsible for any lost, stolen, or missing property of the Guests or property of Guests left after checking out.
12) POOL USAGE SAFETY: In the homes where we offer a private pool for our guests, guests assume full responsibility for the pool user safety. Especially children under teenage. You agree to hold owners and managers harmless in case of any unfortunate events causing damages to the property or any individual..
13) NO PARTIES: This is not a party house. Any special occasions such as weddings, receptions, family reunions, or an increase of occupants (Guests not registered on the registration form) must be disclosed at the time the reservation is made and is subject to the Owner’s advanced approval. Prom parties, fraternity or sorority parties, and graduation parties are not allowed at any time. No Guests other than those on the reservation may be present on the property at any time unless prior permission is obtained.
14) NON-SMOKING: This is a NON SMOKING rental. Evidence of smoking, such as the smell of cigarette or cigar smoke inside the home by the cleaning crew is a sufficient basis to charge the Guests for smoke cleanup and removal from carpeting, AC ducts & filters, and furniture. This type of clean-up is expensive and the Guest is Liable for the deep cleaning costs incurred. A minimum charge of $500 will be assessed for smoking damage.
15) PETS: No pets are allowed on the property at any time, including the outside decks and porches, and driveways. Each unauthorized pet shall incur $500 per incident.
16) MAXIMUM OCCUPANCY: Only guests who were declared on the reservation form may enter the property. At no time shall this be exceeded without prior written consent.
17) PARKING: Parking is limited to passenger cars and light trucks. See the listing’s details to determine the number of spots available for your rental. No heavy industrial vehicles are allowed.
18) SUBLETTING: Guests are hereby not authorized to let or sublet all or any part of the premises nor assign the rental agreement or any interest in it.
19) CHECK-IN & CHECKOUT: Check-in is at 4:00 PM and checkout is 11:00 AM. Late checkout is subject to extra rental charges at the rate of $50/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 Guests will be charged $250 for this service. PLEASE check out promptly, the cleaning crews have a very short time window to prepare the unit for new Guests.
20) HOLDING OVER: Because of the nature of the Owner’s business (short term rentals) Guests understands and is hereby put on notice that any unauthorized “holding over” of the property past the stated rental period could severely jeopardize the 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 Guests(s) who may have reservations during Guests’ unauthorized “holding over” period. In the event, the Owner may be legally liable in damages to say, 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 the Owner to treble damages in any unlawful -detained action. Guests also recognize the unauthorized “holding over” could be grounded in court as a cause of action for intentionally interfering with the Owner’s prospective business advantage.
21) 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 Guests as opposed to a relationship of landlord/tenant. Guests specifically waive and make inapplicable to this lodging the provisions of the prevailing landlord/Tenant Laws.
22) 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, Owner may immediately re-enter and remove all persons and property from premises. In such an instance, the Rental Agreement will be terminated, and the Owner shall be entitled to otherwise recover all damages allowable under the Law. The Guests, 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 the Owner; reentry 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 Tennessee Code of Civil Procedure or other similar statutory provisions. Further, if for any reason Owner is unable to deliver possession of the premises to Guests at the commencement of the term specified in the Rental Agreement, Owner shall refund amounts paid by Guests, but shall not be liable for any other damages caused thereby.
23) 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.
24) INDEMNIFICATION: Guests agree to indemnify and hold harmless Owner 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 Guests. This indemnification agreement does not waive the Owner’s duty of care to prevent personal injury or property damage when that duty is imposed by law.
25) 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 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 is held by any court to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force.
26) FORUM SELECTION, JURISDICTION, LAW, AND VENUE– The parties agree to the exclusive jurisdiction and venue to be the county the property is located in for the resolution of all disputes arising under this Agreement. The sole and exclusive venue (i.e. place where a lawsuit may be filed) for any legal proceedings shall be in the County of Knox in Tennessee. Guests expressly waive any other right or privilege with respect to the election of the 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 construed by the laws of the State of Tennessee only, irrespective of the state of residency of Guests.
27) POWER OUTAGE: Owners and managers do not take any responsibility of the power supply. Power is supplied by the local power supply companies and in case of any power outage we can try our best to cooperate with power supply company in order to fix the issue but hold the right to not provide any refunds related to power outage due to technical issue in power lines or any other issue on the power supply company’s end.
Disclaimer:
Guests understand that the Homeowners 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 of the 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 the main Guest and all Guests at the Guests’ party.[/vc_column_text][/vc_column][vc_column width=”1/6″][/vc_column][/vc_row][/vc_section]