Short Term Rental Agreement
This Short Term Rental Agreement (the “Agreement”) is made by and between Ink Properties, LLC (“Lodge Owner”) and (“Guest”) as of the date last set forth in this Agreement. For good and valuable consideration, the sufficiency of which is acknowledged, the parties hereby agree as follows:
1. Property. The property is located: Near Cozahome, Arkansas on rural Turkey Pen Spgs Road (Directions Provided). The property is furnished and includes 4 queen beds, 2 twin beds, 2 sets of bunk beds, 2 pull out couches, induction cook top, microwave, convection oven, TV with DVD player, wood burning stove.
2. Rental Party: The rental party shall consist of Guest and the persons the Guest allows access to the property during the rental days agreed upon:
3. Maximum Occupancy: The maximum number of guests is limited to 18 persons. In some instances, an additional charge of $45 per person per night for guests in addition to 18 will be allowed and assessed accordingly.
4. Term of the Lease. The lease begins at 3 p.m. on the “Check-in Date” and ends at 11 a.m. on the “Checkout Date”.
5. Minimum Stay: This property requires a 2 night, 6-person minimum stay/booking. Children under 10 are free. Longer minimum stays may be required during holiday periods. If a rental is taken for less than 2 days, the guest will be charged the second night at the 6-person rate.
6. Rental Rules: Guest agrees to abide by the Rental Rules attached as Exhibit A at all times while at the property and shall cause all members of the rental party and anyone else visiting to abide by rules as well. Any guest not abiding by the rental rules may be asked to leave property immediately without refund of monies paid. Guest will also ensure that each accompanying guest signs the provided Release and Indemnification Agreement before occupying the lodge or engaging in activities on the property. Guest permitted on the property are to abide by the rental rules at all times while on the property.
7. Access: Guest shall allow Lodge Owner access to the property for purposes of repair and inspection. Lodge Owner shall exercise this right of access in a reasonable manner.
8. Deposit: A deposit of $250 is required at the time or reservation. The deposit is non-refundable and will be applied toward the rental fees.
9. Cancellation Policy: If Guest wishes to cancel his/her reservation, the deposit will be refunded as follows: 50 % if cancelled 30 days or more prior to the Check-in Date. 0 % if cancelled less than 30 days prior to the Check-in Date
10. RELEASE AND INDEMNIFICATION: Lodge Owner shall not be liable for, and Guest will indemnify and save harmless Lodge Owner from any and all fines, suits, claims, demands, and actions of any kind (including attorney's fees) by reason of any negligence, misconduct, or any breach, violation, or non-performance of any covenant hereof on the part of Guest or Guest’s agents, employees, or invitees. Lodge Owner shall not be liable or responsible for any loss or damage to any property or person occasioned by theft, fire, act of God, public enemy, injunction, riot, strike, insurrection, war, or from any cause whatsoever except Lodge Owner’s negligence. Therefore, each Guest signing below:
a. HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE the Lodge Owner, its officers and employees, from all liability to the undersigned, his/her personal representatives, assigns, heirs, and next of kin for any and all loss or damage, and any claim or demands therefore on account of injury to the person or property or resulting in death of the undersigned, whether caused by the negligence of the Lodge Owner or otherwise while the undersigned is in or upon the lodge or outdoor property area, including Big Creek and the surrounding rugged and steep terrain.
b. HEREBY ASSUMES FULL RESPONSIBILITY FOR AND RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE due to the negligence of Lodge Owner or otherwise while in or upon the lodge or outdoor property area and/or while engaging in outdoor activities on the property, including Big Creek, and the surrounding rugged and steep terrain.
c. THE UNDERSIGNED GUEST expressly acknowledges and agrees that outdoor activities, including, but not limited to, hiking and/or swimming, can be dangerous and involve the risk of serious injury and/or death and/or property damage. THE UNDERSIGNED GUEST further expressly agrees that the foregoing release, waiver, and indemnity agreement is intended to be as broad and inclusive as is permitted by the law in Arkansas that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect;
d. THE UNDERSIGNED GUEST HAS READ AND VOLUNTARILY SIGNS THE RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT, and further agrees that no oral representations, statements or inducements apart from the foregoing written agreement have been made.
12. Permission: I hereby give permission to charge my credit card and I agree that all rental monies are non-refundable per cancellation policy above.
The parties agree to the terms of this Short Term Rental Agreement. Any person located on the property whose has not signed the Release and Indemnification located in this Agreement, will be considered an unauthorized trespasser. Guardians and/or parents are to sign on behalf of minors. Guest agrees to obtain the signatures of all additional guests by printing and presenting a copy of Release and Indemnification, to each additional guest.
Exhibit A - RENTAL RULES
1. No Smoking in the Lodge. Smoking is allowed outside only.
2. People other than those in the Guest party who have signed the Release and Indemnification Agreement may not stay overnight in the Lodge or on the property. Any other person in the Lodge or on the property is the sole responsibility of Guest. Guests are not allowed to exceed the occupancy limit agreed to above.
3. Lodge Owner is not responsible for any accidents, injuries or illness that occurs while on the premises or its facilities. The Lodge Owner is not responsible for the loss of personal belongings or valuables of the guest. By accepting this reservation, it is agreed that all guests, or others whom they invite to use the premises, are expressly assuming the risk of any harm arising from their use of the Lodge premises and outdoor property.
4. Keep the property and all Lodge furnishings in good order. Any harm done to the property, the lodge or it’s furnishings (damaged, lost, stolen, or broken) will be the financial responsibility of the guest to repair or replace.
5. Only use Lodge appliances for their intended uses.
6. No pets allowed inside the Lodge
7. Housekeeping: There is no daily housekeeping service. While linens and bath towels are included in the unit, daily maid service is not included in the rental rate. We suggest you bring towels for use at the creek. We do not permit towels or linens to be taken from the Lodge.
8. Garbage: Any garbage must be stowed in the proper garbage or recycling receptacle, located outside the front door on the backside of the Lodge.
9. Fireplace: The fireplace is a wood burning stove. Because of the nature of the solar home, it is dangerous to leave the doors to the stove open while burning a fire; the air quality can prove very harmful. Open the doors only to start the fire and/or add firewood. Close the doors immediately once the fire starts or wood is added. Please do not throw any paper or other combustible materials in the wood burning stove, other than the firewood supplied by Lodge Owner.
10. Water and Septic: The Lodge is on a well and septic system. The mineral content in the water is high. During a drought, the well water may have an odor. The septic system is very effective; however, it will clog up if improper material is flushed or poured down the drain. DO NOT FLUSH anything other than toilet paper. No feminine products should be flushed at anytime. If it is found that feminine products have been flushed and clog the septic system, you could be charged damages for cleaning and returning the septic system to normal. Additionally, limit the amount of food processed down the drain through the garbage disposal. Please do not pour grease or oil down the drain.
11. Storms: No refunds will be given for storms. Mountain roads can be curvy and steep. Gravel drives are maintained; however, we highly recommend four-wheel drive vehicles. We do not refund due to road conditions.
12. Solar power inconveniences: No refunds will be given for temporary solar power inconveniences. Guests acknowledge that they are staying in a solar powered Lodge. The Lodge Owner has worked to provide technology in the Lodge’s solar system to avoid power outages. Guests acknowledge that system problems may occur that may limit their electrical power. Prolonged periods with limited sunshine, or sustained periods of high electrical use may drain the batteries. In these instances, the solar system is designed to have a back-up generator that can provide electricity to the house while recharging the solar batteries. In rare instances, these systems may fail. If this occurs, please call the Lodge Representative. If a power outage persists for more than 24 hours continuously without resolution, guests may elect to suspend the remaining days in their rental agreement and will receive a full refund for those days suspended and the 24 hours without electricity.
13. Other considerations: No hunting or riding motorcycles and all-terrain vehicles without specific written permission. Keep vehicles on gravel roads and off the gravel creek banks. ATV’s, when permitted, are allowed on the gravel creek banks. Do not attempt to drive down to the creek on the gravel roads without a 4-wheel drive vehicle. Even in a 4-wheel drive vehicle, you could get stuck. Contact lodge representative if you get stuck. Any charge for towing will be at renter’s expense.