(Intended for occupancy of 30 days or less) By occupying/visiting property you are accepting all of the following terms and conditions:
Check-in is no earlier than 4:00 PM on arrival date. Checkout is NO LATER than 11:00 AM on the departure date. It is VERY important that these times be adhered to. A minimum fine of $75 will be charged to Guest for turning away maid service due to failure to vacate premises 15 minutes after scheduled departure time. If guests continue to occupy the premises one hour after scheduled departure time, the Guest will be charged for an additional night's stay. If other arrangements are necessary to accommodate incoming guests, those expenses will be deducted from the Guests deposit.
4. AUTHORIZED USE AND GUESTS: The Premises are for the sole use as a personal vacation residence by is responsible for any and all guests that use the property during the term of this agreement. Authorized Guests may not exceed the total allowable Guests for Property at any time. Total guests at the vacation rental: . No other guests, visitors, or persons are permitted unless discussed and approved by management and appropriate fees have been paid. If the Premises are used, in any way, by more or different persons than those identified in this paragraph,
(i) Occupant, Authorized Guests, and all others may be required to immediately leave the Premises or be removed from the Premises;
(ii) The occupant is in breach of this Agreement; and
(iii) Occupant forfeits its right to return of any monies collected.
(i) If booked online, outside 30 Days of Arrival: 50% has been received and terms have been accepted. Balance in full is due 30 Days before Arrival and will be charged automatically to the same credit card used unless communicated otherwise.
(ii) If booked online, within 30 Days of Arrival: 100% of Total Cost has been received and terms have been accepted.
(iii) Once processed and payment verified, the reservation will be confirmed. ALL Payments are NONREFUNDABLE.
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(i) Occupant hereby grants consent for Barefoot Vacation Rentals to charge the credit card on file or collect directly from the guest for any damages not covered under the purchased policy, any missing items, excessive cleaning, and, if necessary, cost incurred to remove an occupant from the property. In addition, any complaints from neighbors due to excessive noise caused by Guest will result in a fine of $300 per complaint, which will be charged to the credit card on file or deducted from cash deposit before refund.
(ii) QUIET HOURS & MONITORING: Barefoot Vacation Rentals requires all guests to be in the home between the hours of 9:45 pm and 7:00 am, with no loitering outside of the home, near parked vehicles, fire pits and/or in the pool/ Jacuzzi. Guests are welcome to come and go from the property during quiet hours. The county ordinance requires all guests of the short term rental to comply with Ordinance No. 847 Regulating Noise, including quiet hours between the hours of 9:45 PM and 7 AM. Home is equipped with security cameras located outside of the home and noise decibel readers located both in and outside of the home. Noise monitors have no audible recording ability. A chart is populated based on the height of sound, an alert will be sent to Barefoot Vacation Rentals in the event of excessive noise. (70 decibels inside the home and 50 on the outside monitor during quiet hours, 80 decibels shall never be reached regardless of day or time). Please refer to this website for questions about decibels: https://soundproofingguide.com/decibels-level-comparison-chart. At NO TIME shall the cameras be covered, redirected or turned off. At NO TIME shall the noise monitors be unplugged or moved. A fine of $1000 will be applied if cameras or noise monitors are tampered with.
(x). $100 fee will be charged to the guest if loitering outside and/or outside noise is detected over 50 decibels during quiet hours and/or inside monitor exceed 70 decibels during quiet hours.
(y) $300 fee will be charged to the guest if a Barefoot Vacation Rentals employee or security guard most arrive at the property due to not being able to reach the guest and/or noise does not digress within 15 minutes.
(z) $500 fee, cancelation of reservation and removal from property with no refund will be charged to the guest, if the police are called during your stay due to noise, unorderly conduct and/or disruption of peace.
8. CANCELATION; REFUND; Reservation payments are NON-REFUNDABLE. Barefoot Vacation Rentals will make reasonable effort to fill the property if Authorized Guest is forced to cancel Reservation. If able to fill the Reservation through another guest, Authorized Guest will be entitled to a full refund less 10% of Reservation Total Cost or $100 minimum. If the reservation is canceled and property cannot be re-booked by another guest NO refund will be given. If for any reason beyond the control of Management, the premises become unavailable, Management may substitute a comparable unit or cancel this Agreement and refund in full all payments made by Occupant. Such circumstances include but are not limited to Owner Sale of the property, construction/re-model, double booking, etc.
(i) The occupant will be fined $250+ responsible for all damage caused by smoking including, but not limited to, stains, burns, odors, and removal of debris;
(ii) Occupant, Authorized Guests, and all others may be required to immediately leave the Premises, or be removed from the Premises;
(iii) The occupant is in breach of this Agreement.
14. ALCOHOL USAGE: Occupant agrees to abide by the California Business and Professions Code 25658; stating it is illegal to sell or furnish alcohol to a minor. Barefoot Vacation Rentals will notify the police and request strict punishment for all involved.
(i) Occupant, Authorized Guests, assignee(s), sublessee(s) and all others may be required to immediately leave the Premises, or be removed from it;
(ii) The occupant is in breach of this Agreement
15. NSF CHECKS: If a check is returned NSF, Occupant shall pay $50.00 as an NSF fee. Occupant agrees that this charge represents a fair and reasonable estimate of the costs the Owner may incur by reason of Occupant`s NSF payment. An NSF check will result in the cancelation of this Agreement if the required payment is not made by the applicable Payment Due Date.
(i) Shall not engage in criminal activity, including drug-related criminal activity, on or near the premises. Drug-related criminal activity means the illegal manufacture, sale, distribution, use, or possession with intent to manufacture, sell, distribute, or use an illegal or controlled substance as defined in Section 11350 of the Controlled Substance Act .
(ii) Shall not engage in any act intended to facilitate criminal activity.
(iii) Shall not permit the dwelling unit to be used for, or to facilitate criminal activity.
(iv) Shall not engage in the unlawful manufacturing, selling, using, storing, keeping, or giving of an illegal or controlled substance as defined in Section 11350 of the Controlled Substance Act , at any locations, whether on or near the dwelling unit premises.
(v) Shall not engage in any illegal activity, including prostitution as defined in 647b PC, criminal street gang activity as defined in California Code: 186.22 PC, threatening or intimidating as prohibited in California Code: 422 PC, assault as prohibited in CC 245 PC and 240 PC, including but not limited to the unlawful discharge of a weapon, on or near the dwelling unit premises, or any breach of the agreement that otherwise jeopardizes the health, safety, and welfare of the home, neighbors, Barefoot Vacation Rentals, LLC, its agent, or other guests, or involving imminent or actual serious property damage, as defined in CPC 16590.
(vi) disturb, annoy, endanger, or interfere with other occupants of the building in which Premises is located or its neighbors;
(vii) use the Premises for any commercial, or unlawful purpose including, but not limited to, using, manufacturing, selling, storing, or transporting illicit drugs or other contraband;
(viii) The Vacation Rental may not be used or reproduced for, or as part of, an online listing, photographic production, television production, movie/film production, wedding event, party, or in any other way in which our home becomes a setting for amateur or professional use of producing, staging, or otherwise, without Barefoot Vacation Rentals, LLC’s written consent.
(iv) commit waste or nuisance on or about the Premises.
18. MAINTENANCE: Occupant shall properly use, operate and safeguard the Premises including, if applicable, any landscaping, furniture, furnishings, appliances, and all mechanical, electrical, gas and plumbing fixtures, and keep them clean and sanitary. Occupant shall immediately notify Management of any problem, malfunction or damage. Occupants shall pay for all repairs or replacements caused by Occupants, guests, and licensees of Occupants, excluding ordinary wear and tear. Occupant shall pay for all damage to the Premises as a result of failure to report a problem, malfunction or damage in a timely manner. Occupant shall pay for the repair of drain blockages or stoppages unless caused by defective plumbing parts or tree roots invading sewer lines.
(i) for the purpose of making necessary or agreed repairs, decorations, alterations, improvements, for maintenance or to supply necessary or agreed services;
(ii) to verify that Occupant has complied with the terms of this Agreement; or
(iii) in case of an emergency.
(iv) Management and Management`s representatives and agents have the right to enter the Premises, upon reasonable notice, to show the Premises to prospective or actual purchasers, occupants, tenants, mortgagees, lenders, appraisers or contractors.
22. NO ASSIGNMENT OR SUBLETTING: Occupant shall not assign any interest in this Agreement or sublet any part of the Premises. If this Agreement is assigned or the Premises or any part thereof is sublet,
(ii) The occupant is in breach of this Agreement.
23. UNAVAILABILITY: If for any reason beyond the control of Management, the Premises is unavailable, Management may substitute a comparable unit or cancel this Agreement and refund in full all payments made by Occupant. Such circumstances include but are not limited to Owner Sale of Property, Construction/Re-Model, Double Booking, etc.
(i) return all copies of all keys or opening devices to the Premises, including any common areas;
(ii) vacate the Premises and surrender it to Management empty of all persons;
(iii) vacate any/all parking and/or storage space; and
(iv) deliver the Premises to Management in the same condition less ordinary wear and tear as received upon arrival. Turn off all heat/air conditioning, fire pits, spa heat, BBQ.
25. PERSONAL PROPERTY AND INJURY:
(i) Owner Insurance: Occupant`s or guests` personal property, including vehicles, are not insured by Owner or, if applicable, HOA, against loss or damage due to fire, theft, vandalism, rain, water, criminal or negligent acts of others, or any other cause. Owner/Management does not insure against personal injury to Occupant, guests or licensees due to any reason.
(ii) Occupant Insurance: Management recommends that Occupants carry or obtain insurance to protect occupants, guests and licensees, and their personal property from any loss or damage.
(iii) Indemnity and Hold Harmless: Occupant agrees to indemnify, defend and hold harmless Owner and Management from all claims, disputes, litigation, liability, judgments, costs and attorney fees resulting from loss, damage or injury to Occupant, Occupant`s guests visiting or licensees or their personal property.
26. MEDIATION: Occupant agrees to mediate any dispute or claim arising out of this Agreement, or any resulting transaction, before resorting to arbitration or court action. Mediation fees, if any, shall be divided equally among the parties involved.
27. MEGAN`S LAW DATABASE DISCLOSURE: Notice: Pursuant to Section 290.46 of the Penal Code, information about specified registered sex offenders is made available to the public via an Internet Web site maintained by the Department of Justice at www.meganslaw.ca.gov. Depending on an offender`s criminal history, this information will include either the address at which the offender resides or the community of residence and ZIP Code in which he or she resides. (Neither Landlord nor Brokers, if any, are required to check this website. If Tenant wants further information, Tenant should obtain information directly from this website.)
28. JOINT AND INDIVIDUAL OBLIGATIONS: If there is more than one Occupant, each one shall be individually and completely responsible for the performance of all obligations under this agreement, jointly and individually with every other Occupant
29. TRANSIENT OCCUPANCY: The occupant is renting the Premises as a transient lodger for the number of days reserved from Management who retains full legal, possessory and access rights.
30. KEYS, LOCKS: Occupant acknowledges that locks to the Premises have not been re-keyed. If Occupant re-keys existing locks or opening devices, Occupant shall immediately deliver copies of all keys to Management. Occupant shall pay all costs and charges related to the loss of any keys or opening devices. The occupant may not remove locks, even if installed by Occupant.
31. PAYMENT OF FINES: Occupant accepts automatic process of payment from the payment method on file to capture fines during stay. Evidence of such fines broken must be provided to occupant prior to the process of payment being rendered.
32. IMPORTANT NOTICE REGARDING ASSUMPTION OF RISK AND RELEASE OF LIABILITY RELATING TO COMMUNICABLE DISEASES INCLUDING COVID-19:
(i) Use of the vacation rental and surrounding areas include possible exposure to and risk of illness from infectious diseases including but not limited to COVID-19. While rules and personal discipline may reduce the risk, the risk of serious illness and death does exist.
(ii) YOU KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF RELEASES or together and assume full responsibility for your use of the Vacation Rental.
(iii) You willingly agree to comply with the stated and customary guidelines relating to the protection against infectious diseases while using the vacation rental. If you observe any unusual or significant hazard during your presence or use of the vacation rental, you will inform Barefoot Vacation Rentals immediately.
(iv) You, for yourself and on behalf of your heirs, assigns, personal representatives and next of kin, RELEASE AND HOLD HARMLESS the Barefoot Vacation Rentals LLC, it's owner and employees ("RELEASEES") WITH RESPECT TO ANY AND ALL ILLNESS, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF RELEASEES OR OTHERWISE, to the fullest extent permitted by law.
33. ENTIRE CONTRACT: All prior agreements between Owner and Occupant are incorporated in this Agreement, which constitutes the entire contract. It is intended as a final expression of the parties` agreement and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. The parties further intend that this Agreement constitutes the complete and exclusive statement of its terms and that no extrinsic evidence whatsoever may be introduced in any judicial or other proceedings, if any, involving this Agreement. Any provision of this Agreement that is held to be invalid shall not affect the validity or enforcement of any other provision in this Agreement. The waiver of any breach shall not be construed as a continuing waiver of the same or any subsequent breach. This Agreement shall be governed and construed in accordance with the laws of the State of California. California shall have personal jurisdiction over the parties and the county in which the Premises is located shall be the forum for any legal action brought in relation to this Agreement.
In consideration of the right to occupy/visit the home, I hereby release to the fullest extent allowed by law, Owner and its Management, members, officers, associates, employees, agents, representatives, attorneys, assigns, and affiliates (collectively, the "Affiliates") from all liability or responsibility of any kind whatsoever for any personal injury, death, property damage or other loss sustained by me, my minor children, any guest identified on this form, or any guest or person allowed onto the property during my rental dates as a result of my, my children's or the guest's participation in a visit to the home, due to any cause whatsoever, including without limitation negligence on the part of Owner or Management. I understand that this release will bind my heirs, administrators, executors, and any other person or entity seeking to claim under or through me.
By signing below, you agree to the Terms and Conditions of the Barefoot Vacation Rental Agreement.
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Signed by Jessica Hinton
Signed On: May 25, 2022
If you have questions about the contents of this document, you can email the document owner.
Document Name: Guest Agreement
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