VACATION RENTAL AGREEMENT
THIS SHORT-TERM RENTAL AGREEMENT (the "Lease") is entered into BETWEEN:
Rest NC LLC., dba chooseRest.life
(the "Lessor")
- AND-
The Primary Renter collectively and individually the "Guest"
individually the “Party” and collectively the “Parties”
IN CONSIDERATION OF the Lessor leasing certain premises to the Guest and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, the Parties agree as follows in accordance with Chapter 42A - Vacation Rental Act (the "Act"):
Leased Property
- The Lessor agrees to rent to the Guest the property, municipally described as Rest at Badin Lake (the "Property"), for use as short-term, non-primary, residential premises only. The Property is more particularly described as follows: the entire single family detached house excluding locked owner’s storage spaces.
- Neither the Property nor any part of the Property will be used at any time during the term of this Lease by the Guest as permanent housing, or for the purpose of carrying on any business, profession, or trade of any kind.
- Any children staying with the Guest will be supervised as appropriate and will not cause excessive noise or disturb any neighbors or other guests staying at the Property.
Maximum Guests
- The Guest agrees that they will have no more than 10 people staying overnight in the Property without the prior written consent of the Lessor.
Visitor
- Subject to the maximum number of guests set out in this Lease, and in compliance with maximum occupancy limits established in applicable fire codes, visitors will be permitted in the Property subject to the following rules: all visitors requests must be submitted 24 in advance for approval. Should the Lessor consider that the visitors are causing a disturbance or are otherwise not in compliance with this Lease, the Lessor may ask the Guest to remove the visitors or the Lessor may terminate this Lease as set out in the Termination for Breach clause, at the Lessor's option.
Term
- The term of the Lease commences at 4:00 PM (the "Check-In Time") on (lease start date), and ends at 11:00 AM (the "Check-Out Time") on (lease end date) (the "Term").
- The Guest will be permitted to check in before the stated Check-In Time in accordance with the following rules: subject to availability, the guest will be able to check in up to 3 hours before the normal check in time for a fee of $125. *not available on same day turnarounds.
- The Guest will be permitted to check out after the stated Check-Out Time in accordance with the following rules: subject to availability, the guest will be able to check out up to 3 hours after the normal check out time for a fee of $125. *not available on same day turnarounds.
- Under no circumstances will the Guest be permitted to stay for any additional nights at the Property, unless otherwise arranged with the Lessor or allowed in this Lease contract.
Property Rules and Amenities
- The Guest must be 25 years of age to book the property, and must provide the names of all members of the party over 16 years of age during the check-in process so we can register visitors with the guard shack for entry into the resort. Each member of the party 16 and above will need to provide state issued ID to the security guard when entering the resort.
- The Guest may keep the following pets on the Property during the Term of the Lease: We welcome up to two small dogs under 50 pounds each. The Guest is responsible and liable for any damage caused by the pets to the Property or common areas, and for any injury caused by the pets. If the pets cause excessive noise or otherwise disturb any neighbors or other guests staying at the Property, the Lessor may either revoke this privilege and require the Guest to remove the pets from the Property or immediately terminate the Lease, without reimbursement to the Guest, as set out in the Termination for Breach clause of this Lease. If the Guest fails to remove the pets from the Property after being requested to do so by the Lessor for the reasons set forth in this clause, the Lessor may immediately terminate the Lease, without reimbursement to the Guest, as set out in the Termination for Breach clause in this Lease.
- Under no circumstances will more than 15 people be permitted in the Property at one time, which is the maximum occupancy of the Property, in compliance with the fire code applicable to the Property.
- Subject to the provisions of this Lease, the Guest is entitled to the use of parking on or about the Property as follows: there is room for 3 average to large passenger vehicles to be parked on the parking pad at the property. Vehicles may not be parked along the road way or at neighboring properties. Should the guest wish to bring more than 3 vehicles or enter the park with a trailered boat or other type of trailer they will need to contact the host in advance for more information and instructions for parking arrangements.
- Internet will be provided for the Guest as follows: high speed internet and wi-fi is provided free of charge as a courtesy via a Tmobile Gateway modem/router. Although generally very reliable internet is not guaranteed as the host has no control over the service provider. Notwithstanding, access to the internet is provided as a convenience to the Guest, and such access is not integral to this Lease. No refund or discount will be given in case of the internet not functioning.
- This is a 100% non-smoking property. Smoking of any kind (including tobacco, marijuana, or vaping) is strictly prohibited inside the home, on balconies, patios, or within 10 feet of the building. A $300 smoking fee will be charged if any evidence of smoking is found, including lingering odor, ashes, or cigarette butts. Additional cleaning or remediation costs may also apply.
- The Lessor agrees to supply and the Guest agrees to use and maintain in reasonable condition, normal wear and tear excepted, all furnishings and amenities in the Property.
Guest Services
- The Guest will be provided with the following services: for stays of 14 days or more a mid-stay cleaning is required for an additional fee of $50. Please see the list of add-ons for other available fee-based services and amenities.
Rent
- Subject to the provisions of this Lease, the rent for the Property is detailed in the provided quote (the "Rent").
- The Guest will pay the Rent through the associated rental platform, as set out on the rental platform.
Guest Access
- The Guest will access the Property as follows: guests will access the property via an electronic door lock on the door along the side deck/walkway. The code will be provided to the guest prior to check-in.
Security Deposit/Damage Waiver
- Optional Damage Waiver available via Truvi (a third-party provider) may be selected in lieu of $500 security deposit.
- During the Term of this Lease or after its termination, the Lessor may charge the Guest from the Security Deposit for any or all of the following:
- repair of walls due to plugs, large nails or any unreasonable number of holes in the walls including the repainting of such damaged walls;
- repainting required to repair the results of any other improper use or excessive damage by the Guest;
- unplugging toilets, sinks and drains;
- replacing damaged or missing doors, windows, screens, mirrors or light fixtures;
- repairing cuts, burns, or water damage to linoleum, rugs, and other areas;
- any other repairs or cleaning due to any damage beyond normal wear and tear caused or permitted by the Guest or by any person whom the Guest is responsible for;
- the cost of extermination where the Guest or the Guest's guests have brought or allowed insects into the Property or building;
- repairs and replacement required where windows are left open which have caused plumbing to freeze, or rain or water damage to floors or walls;
- replacement of locks and/or lost keys to the Property and any administrative fees associated with the replacement as a result of the Guest's misplacement of the key; and
- any other purpose allowed under this Lease or the Act.
- Should the Guest cause any damages to the Property in excess of the amount of the Security Deposit, the Lessor may attempt to recover the excess amount through any legal recourse available.
- The Guest may not use the Security Deposit as payment for the Rent.
- The Lessor will return the Security Deposit less such deductions as provided in this Lease but no deduction will be made for damage due to reasonable wear and tear nor for any deduction prohibited by the Act.
- Within the lesser of 5 days after the termination of this tenancy and any time period required by the Act, the Lessor will release the hold on the security deposit.
Damage Waiver
- An optional Damage Waiver is available for USD 100 which covers the guest up to USD 3000 in accidental damage to the home and its amenities. Guest assumes full responsibility for any intentional damage and the cost of damage exceeding USD 3000. Separate Damage Waiver contract will be provided if selected.
Damage to Property
- The Lessor will provide and keep the Property in a habitable and safe condition during the Term of the Lease. If the Property should be damaged other than by the Guest's negligence or willful act or that of the Guest's employee, family, agent, or visitor and the Lessor decides not to rebuild or repair the Property, the Lessor may end this Lease by giving appropriate notice.
Care and Use of Property
- The Guest will promptly notify the Lessor of any damage, or of any situation that may significantly interfere with the normal use of the Property or to any furnishings supplied by the Lessor.
- The Guest will not engage in any illegal trade or activity on or about the Property.
- The Parties will comply with standards of health, sanitation, fire, housing and safety as required by law.
- The Parties will use reasonable efforts to maintain the Property in such a condition as to prevent the accumulation of moisture and the growth of mold. The Guest will promptly notify the Lessor in writing of any moisture accumulation that occurs or of any visible evidence of mold discovered by the Guest. The Lessor will promptly respond to any such written notices from the Guest.
- At the expiration of the Term of this Lease, the Guest will quit and surrender the Property in as good a state and condition as they were at the commencement of this Lease, reasonable use and wear and tear excepted.
Prohibited Activities and Materials
- The Guest will not keep or have on the Property any article or thing of a dangerous, flammable or explosive character that might unreasonably increase the danger of fire on the Property or that might be considered hazardous by any responsible insurance company.
- The Guest will not perform any activity on the Property or have on the property any article or thing that the Lessor's insurance company considers increases any insured risk such that the insurance company denies coverage or increases the insurance premium.
- The Guest is prohibited from:
- the storage of expensive articles on the Property if it creates an increased security risk; and
- the growing of, or storage of, medical marijuana on the Property.
- The Guest will not perform any activity on the Property that the Lessor feels significantly increases the use of electricity, heat, water, sewer or other utilities on the Property.
Rules and Regulations
- The Guest will obey all rules and regulations of the Lessor, and any applicable condominium or homeowners' association rules and regulations, regarding the Property.
Pet Fee
- Upon the signing of this Lease, the Guest will pay the Lessor a non-refundable pet fee of $75.00 (the "Pet Fee"). By agreeing to pay this fee, the Guest agrees to pet specific rules detailed in the House Rules and Guide.
Termination for Breach
- The Lessor may terminate the Lease immediately and without notice if the Guest violates or breaches any term of this Lease. Upon the Guest’s breach, the Lessor may require the Guest to vacate the Property, which the Guest must do immediately upon request. No rental costs will be reimbursed, and the Guest will be responsible for the payment of the entire Term of the Lease as stated in this Lease agreement.
Early Termination of Lease by Guest
- The Guest may not terminate this Lease prior to the stated Check-Out Time. If the Guest leaves the Property prior to the Check-Out Time, the Guest is still responsible for the payment of the entire Term of the Lease as stated in this Lease agreement.
Lessor Access
- The Lessor may enter the Property at any time in the case of an emergency to protect the Property. In cases of non-emergency, the Lessor may enter the Property upon reasonable notice to the Guest, at a reasonable time, and in compliance with the Act, in order to complete repairs, maintenance or improvements, or to inspect the Property. The Guest shall not unreasonably withhold consent for the Lessor to enter the Property for the stated purposes. The Lessor shall not abuse the rights of access, harass the Guest, or otherwise infringe on the Guest’s right to quiet enjoyment of the Property during the Term.
Quiet Enjoyment
- The Lessor covenants that on paying the Rent and performing the covenants contained in this Lease, the Guest will peacefully and quietly have, hold, and enjoy the Property for the agreed Term of the Lease, subject to any early termination as provided in this Lease.
Guest Improvements
- The Guest may not make any improvements, alterations or constructions to the Property. Improvements, alterations and constructions include but are not limited to the following:
- applying adhesive materials, or inserting nails or hooks in walls or ceilings;
- painting, wallpapering, redecorating or in any way significantly altering the appearance of the Property;
- removing or adding walls, or performing any structural alterations;
- installing a waterbed(s);
- changing the amount of heat or power normally used on the Property as well as installing additional electrical wiring or heating units;
- placing or exposing or allowing to be placed or exposed anywhere inside or outside the Property any placard, notice or sign for advertising or any other purpose; or
- affixing to or erecting upon or near the Property any radio or TV antenna or tower.
Utilities and Maintenance
- All utilities and maintenance in relation to the Property are included in the Rent and will be paid by the Lessor, except as otherwise provided in this Lease.
- Notwithstanding any other term in this contract, the Guest will, at its sole expense, keep and maintain the Property and appurtenances in good and sanitary condition and repair during the Term of the Lease.
- The Guest will leave the Property at the end of the Term in the same condition it was found at the beginning of the Term. If the Guest leaves the Property in a state that requires additional maintenance and repair, the Guest agrees to pay for the costs of returning the Property to the condition it was found prior to the Guest's stay.
- Any major maintenance or repair of the Property which is not due to the Guest's misuse, waste, or neglect or that of the Guest's employee, family, agent, or visitor, will be the responsibility of the Lessor, and at the cost of the Lessor.
Cleaning Fees
- In addition to the Rent, the Guest will be charged a cleaning fee of $150.00 (the “Cleaning Fee”) that will be due at the same time and in the same manner as the Rent. The Cleaning Fee will be used to cover the reasonable costs of the regular cleaning of the property required to put the Property back to the same condition it was in prior to the Guest’s stay. These regular costs do not include any excessive cleaning costs.
- If the Property requires excessive cleaning, that is, above and beyond the regular cleaning generally required in order to return the Property to the state it was in prior to the Guest’s stay, due to any cause, such as from a party or large gathering, the Guest shall be charged for such excessive cleaning at a reasonable rate, which may be deducted from the Security Deposit and/or recovered from the Guest by any legal means.
Rental Rules
- The Guest shall abide by the quiet hours applicable to the Property which are from Su- Th 11pm-6am, Fri-Sa 12am-6am **see resort Rules & Regs for more info https://badinshores.org/wp-con.... The Guest must not make any unreasonable amount of noise which may disturb other tenants or neighbors during these quiet hours. If the Guest fails to comply with these quiet hours, the Lessor may terminate the contract for breach as set out in the Termination for Breach clause of this Contract.
- The Guest agrees that they will not use the Property to host any parties, large gatherings or events that will disturb other tenants or neighbors of the Property; that will violate the quiet hours stated in this Lease; or that will violate the maximum occupancy limits as stated in this Lease. Should the Lessor reasonably determine that the Guest has violated this clause by hosting a party, large gathering or event, the Lessor may terminate the Lease as set out in the Termination for Breach clause of this Lease.
- 8 pool bracelets are provided free of charge. 2 additional bracelets may be requested free of charge. **must be requested 48 hours prior to check-in, subject to availability. Lost pool bracelets will be subject to a $25 fee per bracelet.
- Guest agrees to assume all risk for use of the home and resort and all associated amenities/equipment.
- Should the guest wish to enter the park with a watercraft, the resort will charge a $50 fee which the guest will be responsible for paying at the guard shack upon entry. A "gas pass" may be requested at the guard shack for the purposes of taking the boat out of the resort for refueling. The guest may use the boat launch and day slips (subject to limitations) free of charge. Guests may only park the trailer and boat in designated lots. Please contact host for information on appropriate parking locations.
Cancellation
- If the Lessor cancels the booking any time before the Check-In Time, for any reason and through no fault of the Guest, the Guest will receive a full refund of all amounts paid, and the Guest will release the Lessor from any claims against the Lessor.
- Upon execution of this Lease, the Guest agrees to be bound by the following cancellation policy: all paid prepayments are non-refundable.
20% due at time of booking.
30% due 30 day(s) before arrival.
Remaining balance due 7 day(s) before arrival.
Insurance
- The Guest is hereby advised and understands that the personal property of the Guest is not insured by the Lessor for either damage or loss, and the Lessor assumes no liability for any such loss.
Lessor Liability
- The Guest agrees to indemnify and hold harmless the Lessor, and the owner of the Property where different from the Lessor, for any and all claims of property damage and personal injury to the Guest or their visitors from any cause arising from the use of the Property.
- The Guest is responsible for any person or persons who are upon or occupying the Property or any other part of the Lessor's premises at the request of the Guest, either express or implied, whether for the purposes of visiting the Guest, making deliveries, repairs or attending upon the Property for any other reason. Without limiting the generality of the foregoing, the Guest is responsible for all members of the Guest's family, visitors, or other invitees.
Attorney Fees
- In the event that any action is filed in relation to this Lease, the unsuccessful Party in the action will pay to the successful Party, in addition to all the sums that either Party may be called on to pay, a reasonable sum for the successful Party's attorney fees.
Governing Law
- This Lease will be construed in accordance with and exclusively governed by the laws of the State of North Carolina (the "Act").
Severability
- If there is a conflict between any provision of this Lease and the Act, the Act will prevail, and such provisions of the Lease will be amended or deleted as necessary in order to comply with the Act. Further, any provisions that are required by the Act are incorporated into this Lease.
- The invalidity or unenforceability of any provisions of this Lease will not affect the validity or enforceability of any other provision of this Lease. Such other provisions remain in full force and effect.
Amendment of Lease
- This Lease may only be amended or modified by a written document executed by the Parties.
Assignment and Subletting
- The Guest will not assign this Lease, nor sublet or grant any concession or license to use the Property or any part of the Property without the prior written consent of the Lessor. A consent by the Lessor to one assignment, subletting, concession or license, will not be deemed to be a consent to any subsequent assignment, subletting, concession or license. Any assignment, subletting, concession or license, without the prior written consent of the Lessor, or an assignment or subletting by operation of law, will be void and will, at the Lessor's option, terminate this Lease.
Mediation and Arbitration
- If any dispute relating to this Lease between the Parties is not resolved through informal discussion within 14 days from the date a dispute arises, the Parties agree to submit the issue first before a non-binding mediator and to an arbitrator in the event that mediation fails. The decision of the arbitrator will be binding on the Parties. Any mediator or arbitrator must be a neutral party acceptable to both Parties. The cost of any mediations or arbitrations will be shared equally by the Parties.
Parties' Contact Information
- For any matter relating to this Lease, the Guest may be contacted at the phone number and email provided in their booking:
- For any matter relating to this Lease, the Lessor may be contacted at the phone number and email below:
- Phone: (984) 800-6573
- Email address: [email protected]
- A notice given in respect to this Lease will be deemed delivered when hand-delivered to the Party or the Party's agent or, if mailed, when mailed by certified mail, postage prepaid, to the Party's address as stated in this Lease or later agreed upon, on the date shown on the postmark of the envelope in which such notice is mailed.
General Provisions
- All monetary amounts stated or referred to in this Lease are based in the United States dollar.
- Any waiver by the Lessor of any failure by the Guest to perform or observe the provisions of this Lease will not operate as a waiver of the Lessor's rights under this Lease in respect of any subsequent defaults, breaches or non-performance and will not defeat or affect in any way the Lessor's rights in respect of any subsequent default or breach.
- This Lease will extend to and be binding upon and inure to the benefit of the respective heirs, executors, administrators, successors and assigns, as the case may be, of each Party. All covenants are to be construed as conditions of this Lease.
- All sums payable by the Guest to the Lessor pursuant to any provision of this Lease will be deemed to be additional rent and will be recovered by the Lessor as rental arrears.
- Where there is more than one Guest executing this Lease, all Guests are jointly and severally liable for each other's acts, omissions and liabilities pursuant to this Lease.
- The Guest will not tamper with locks, security systems, fire alarms, smoke detectors, carbon monoxide detectors, and the like. If any issues with the above occur, the Guest is to immediately contact the Lessor.
- The Lessor will not be responsible for any items left behind belonging to the Guest.
- Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Lease. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
- This Lease and the Guest's leasehold interest under this Lease are and will be subject, subordinate, and inferior to any liens or encumbrances now or hereafter placed on the Property by the Lessor, all advances made under any such liens or encumbrances, the interest payable on any such liens or encumbrances, and any and all renewals or extensions of such liens or encumbrances.
- This Lease may be executed in counterparts. Facsimile signatures are binding and are considered to be original signatures.
- This Lease constitutes the entire agreement between the Parties. Any prior understanding or representation of any kind preceding the date of this Lease will not be binding on either Party except to the extent incorporated in this Lease.
- Time is of the essence in this Lease.
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