Rental Agreement
RENTAL AGREEMENT
1. BOOKING TRANSACTION - You are entering into a rental agreement with Second Mile Nightly Rentals, LLC (“Host”), the owner/manager of “Vacation Rental.” Upon booking, you are agreeing to pay the amounts specified on the booking page and abide by this rental agreement.
2. PAYMENT TERMS & CANCELLATION - Your vacation dates are not guaranteed until 50% payment is received. The remaining balance is due 30 days prior to your check-in date and will be automatically charged to your credit card on file. Cancellations requested at least 60 days prior to your check-in date will receive a full refund. Cancellations within 60 days of check-in will not receive a refund. Host is not responsible for fees charged and collected by the booking site, thus such fees may be non-refundable.
3. VACATION RENTAL RULES - Failure to adhere to the following Vacation Rental rules may result in additional fees and/or eviction without refund:
A. No smoking of any kind
B. No pets
C. No renters less than 25 years of age without pre-approval by Host
D. Children are welcome but must be accompanied by an adult at all times.
E. No fireworks
F. No food or drink in pools, hot tubs, or activity rooms.
G. Quiet hours are 10 p.m. to 7 a.m. in Kimberling City and 11 p.m. to 7 a.m. in Branson.
H. No damages to the property, including linens, above normal wear and tear due to typical and intended use.
4. ARRIVAL DETAILS & CHECK-IN/CHECK-OUT - Vacation Rental address, door key code, and check-in/check-out instructions will be provided one week prior to check-in. Check-in is at 4 p.m. on arrival day. Check-out is at 10 a.m. on departure day. Late check-ins or check- outs are only permitted with pre-approval by Host.
5. FEES & ADDITIONAL SERVICES - A one-time cleaning fee is included in the rental cost. Cleaning services are performed upon check-out. Daily maid service is not provided.
6. MAXIMUM OCCUPANCY - Maximum occupancy is based on the number of persons Vacation Rental sleeps in beds. It may be increased with pre-approval from Host.
7. MAINTENANCE - Host cares very much about Vacation Rental and strives to keep it in excellent shape. If you notice any problems or maintenance issues, please notify Host immediately.
8. CANCELLATION BY HOST - In the unlikely event that Host needs to cancel your booking you will be notified as quickly as possible and refunded 100% of any amounts paid.
9. INDEMNIFICATION & HOLD HARMLESS - You and anyone using Vacation Rental agree to indemnify and hold harmless your Host for any liabilities, damage, cost or expense whatsoever arising from or related to any claim in connection with your use/or occupancy of Vacation Rental, including, but not limited to, any claim or liability for personal injury, damage, loss of personal belongings or theft of property which is made, incurred or sustained by you and/or anyone you invite to use Vacation Rental as your guest. This includes, but is not limited to, use of swimming pool, hot tubs, bunk beds, fire tables, fire pit, and grill. You and anyone using Vacation Rental during your stay also accept and assume all risks involved in or related to the use of property surrounding Vacation Rental, activities participated in during your stay on or off the property, and use of amenities provided at the property and/or the community. You are responsible for determining your fitness for participating in any features or activities during your stay and your ability to fully understand and comply with any directions, warning, laws, or regulations.
10. ATTORNEY’S FEES & COSTS - If Host employs the services of an attorney or attorneys to enforce any conditions of this Rental Policy, you shall be liable to Host for reasonable attorney’s fees and costs incurred by Host.
11. FALSIFIED BOOKINGS - If your booking was made under false pretense, including, but not limited to, a falsified name, age or number of guests/renters, you will be subject to immediate eviction and forfeiture of all amounts paid.
12. SUBLETTING - You, as the booking booking party, are expected to be the renter for the entirety of your booked dates. Subletting of any kind is not permitted.
13. LIMITED SHORT-TERM RENTAL: Guest’s rental of this property is expressly understood to be a transient vacation rental and is not a lease or long-term residential tenancy agreement. This agreement provides Guest with no property rights or rights to renewal or for recurring usage. If you hold over after the expiration of your reservation dates, you will be liable for paying for any additional day(s) at a rate equal to two (2) times the nightly rate set for the property on the dates of your hold-over, plus the actual costs of re-accommodating future tenets who were scheduled to use Vacation Rental during such dates.
14. HOST ACCESS - Although extremely rare, if necessary, you shall allow Host to access Vacation Rental during your stay.
HOT TUB USE (In properties with Hot Tubs)
There are health and injury risks associated with the use of hot tubs. Guest agrees to use the hot tub at their own risk. Host will not be responsible for any injuries sustained by Guest or members of Guest's party when using the hot tub. Guest who signs this agreement will be responsible to advise all other members of their party of all potential hot tub hazards and rules.
1. Before using the hot tub, Guest must completely review and understand the hot tub operating procedures found in the Rental Instructions as well as the safety items listed on this page. Guest is responsible for operating the hot tub in accordance with the manufacturer's instructions.
2. The hot tub is cleaned and chemically sanitized before each Guest's arrival. Weekly maintenance is performed by a local hot tub company. They will service the hot tub on a specific date and time regardless of Guest’s occupancy of the property. Guest is required to accommodate the maintenance/cleaning.
3. The temperature of the hot tub should never be elevated above 104 degrees Fahrenheit.
4. Guest must shower before and after using the hot tub. This is because some lotions or makeup mixed with the hot tub chemicals can cause a rash. Showering after hot tub use will lessen the likelihood of rashes related to exposure to the hot tub chemicals. Never wear jewelry into a hot tub due to the chemicals used. Hot tub chemicals can also affect color-treated hair or damage swimsuits.
5. If you have any medical condition (such as but not limited to, heart disease, low or high blood pressure, circulatory system problems, diabetes, obesity) or are taking any type of drugs, please consult your physician before using the hot tub. Persons who have skin sensitivities or open wounds should not use the hot tub. If you have consumed or are consuming alcoholic beverages or drugs or have a medical condition that in conjunction with hot tub use may result in drowsiness, do not use the hot tub due to the possibility of losing consciousness with the possibility of drowning.
6. Guest agrees not to use and not allow members of Guest's party to use any type of soaps, shampoo, lotions, bubbles, glitter, or bath oils in the hot tub, as damage to the hot tub and/or skin irritation may occur. If evidence of use of shampoo, bubbles, lotions, bath oils, or other substances is found in the hot tub, Guest’s entire damage deposit will be forfeited.
7. Do not take any products or items into or around the hot tub, including glass, which may clog the filter, damage the hot tub, endanger persons, or cause injury, or skin irritation. Guest is responsible for keeping the hot tub clear of debris and keeping the area around the hot tub clear of obstructions, neat and organized.
8. Do not submerge your head, ingest the water, or allow the water to contact your eyes.
9. Guest is responsible for the full cost due, above and beyond the amount of the damage deposit, for repair of the hot tub and/or hot tub equipment required as a result of negligence or misuse by Guest, or the members of Guest's party, above and beyond the amount of the damage deposit.
10. Minors must be supervised by a capable adult age 25 or over at all times while in and around the hot tub. Children under the age of 5 are not permitted in the hot tub. Children over 5 years old should not use the hot tub for more than 5-10 minutes at a time.
11. Inspect the hot tub water before use. If too hot, cloudy, dirty, gritty, smells unusual, or you have any concerns about the water quality, do not use the hot tub and call Host.
12. The cover must be placed back on the hot tub when not in use or not supervised. This keeps the water warm, prevents debris from entering the water, and keeps minors or unauthorized persons from entering the hot tub.
13. Do not climb, lean, sit, or stand on the hot tub cover. A damaged/broken hot tub cover will be charged to Guest when fixed/replaced.
14. Chlorine or bromine is used to chemically shock/sanitize the hot tub water when refilled. The plastic chlorine/bromine tab floater contains pellets that provide ongoing sanitizing during your stay along with the filtering system of the hot tub. The chlorine/bromine floater must remain in the hot tub when the hot tub is not occupied by persons. Failure to follow this rule may result in compromised water quality and/or rashes for guests.
15. If using the hot tub after 10:00 p.m., be considerate of the neighbors by keeping all noise to a low level. Quiet hours in Kimberling City are from 10 p.m. to 7 a.m. and failure to comply may result in denial of continued occupancy per the Rental Agreement and forfeiture of your damage deposit.
16. Guest understands the hot tub is strictly an amenity, and the use of the amenity is not guaranteed under the terms of the Rental Agreement. Host makes all reasonable efforts to keep the hot tub functional and usable by Guest, but any interruption or unavailability of the hot tub will not violate the terms of the Rental Agreement. Refunds will not be provided when use of hot tub is prohibited by maintenance issues out of Host’s control.
In the case of any emergency, Guest will call 911.
WAIVER, RELEASE, AND HOLD HARMLESS AGREEMENT
I acknowledge that using the swimming pool and/or hot tubs involves certain risks (some of which I may not fully appreciate) and that injuries, death, property damage or other harm could occur to me or others. I accept and voluntarily incur all risks of any injuries, damages, or harm which arise during or result from my use of the swimming pool and/or hot tubs. I waive all claims against Host for any injuries, damages, losses or claims, whether known and unknown, which arise during or result from my use of the swimming pool and/or hot tubs. I agree to indemnify and hold Host harmless from all losses, liabilities, damages, costs or expenses (including but not limited to reasonable attorneys' fees and other litigation costs and expenses) incurred by Host as a result of any claims or suits that I (or anyone claiming by, under or through me) may bring against Host to recover any losses, liabilities, costs, damages, or expenses which arise during or result from my use of the swimming pool and/or hot tubs.
I have carefully read and reviewed the entire Rental Agreement, including the Waiver, Release And Hold Harmless Agreement. I understand it fully, agree to all terms, and execute it voluntarily.
