2012.04.19 L&G Rental Agreement

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Loft and Garden Rental Agreement

In consideration, the sufficiency of which is acknowledged, of being granted permission upon our specific request to visit the property specified in this booking (collectively the PROPERTY) and to use personal property and other rights related thereto and other good and valuable consideration, we, the guest creating the booking and the party we represent (collectively the Guest), have read this agreement and hereby agree as follows: I. Rental Terms. We agree to the following policies: 1. Check in is at 4pm, and check out is at 11am. 2. Loft & Garden Properties and any agents or employees acting on behalf of Loft and Garden Properties (collectively the Managers); and the owners of the PROPERTY (including the title holders of the property and/or entity owning the PROPERTY kept on file with the Managers), their respective heirs and successors (collectively the Owners) are not responsible for any accidents, injuries or illness that occurs while on the premises or its facilities. Managers and the Owner are not responsible for the loss of personal belongings or valuables of the guest. 3. People other than those in the Guest party set forth above may not stay overnight in the property. We agree that any other person in the property is the our esponsibility. 4. If parking is included, we agree to only use the allocated parking space. The Managers and Owners are not responsible for any damage to cars or vehicles. Do not block your neighbors driveway. Any vehicles blocking their driveway are subject to towing from the city of San Francisco; applicable fines/towing fees are the sole responsibility of the vehicle owner. 5. Linens and bath towels are included, but there is no daily maid service. We agree to not remove towels or linens from the premises. We agree to pay for all missing sheets and bath towels. 6. No Smoking: We agree not to smoke or allow our guests to smoke inside the PROPERTY. If the Managers or Owners find evidence of smoking, we agree to pay up to $500 for cleaning. 7. No Pets: We understand that no pets are allowed at the PROPERTY. If the Managers or Owners find evidence of smoking, we agree to pay up to $500 for cleaning. 8. Furnishings, Appliances and Decorations: We agree to keep the furnishings, appliances and decorations in good order. If the Managers or Owners find evidence of abuse we agree to pay damages. 9. The Managers and Owners can enter the PROPERTY as needed. The Managers and Owners will give you advance notice whenever possible, and then will ring the bell prior to entering. 10. Deposit Policy: To reserve your dates for bookings 31 days or more prior to check in, Loft and Garden Properties requires a deposit of 25% of the entire reserved stay. The remaining 75% and the damage deposit will be due 30 days prior to check in. If Loft and Garden Properties does not receive a second payment, the Guest forfeits the reservation. For booking 30 days or fewer prior to check in, Loft and Garden Properties require the full payment and damage deposit. 11. Cancellation Policy. We agree to the terms of the Loft and Garden Properties Cancellation Policy. For cancellations occurring 61 days or more the Guest will receive a refund of all payments made. For cancellations occurring 31 - 60 days prior to scheduled arrival, a refund is granted minus a cancellation fee of 25% of the entire reserved stay.Cancellations made within 30 days of scheduled arrival are not subject to refund and no refunds for no-shows. Cleaning fees are always refunded if the Guest did not check in. II. Waiver: We, the GUESTS, knowingly, freely and voluntarily, for ourselves, as well as our heirs, personal representatives, our guests, successors and assigns, waive any claim or cause of action of any kind whatsoever from which any liability may or could accrue to Loft & Garden Properties and any agents or employees acting on behalf of Loft and Garden Properties (collectively the Managers); to the title holders of the property and owners or entity of the property kept on file with the Managers, their respective heirs and successors (collectively the Owners); and assigns that arises out of or relates to visiting or using any of the PROPERTY. We assume all risks of injury to ourselves, our guests, and to our personal property, while visiting or using any of the PROPERTY, as

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well as in connection with any activities in which we participate during our visit. We waive any and all claims that we have or may have in the future against the Managers and Owners, in any action arising out of, relating to or in connection with our visit to or use of any of the PROPERTY, whether of actual damages, exemplary or punitive damages, consequential damages or otherwise. We intend for the scope of the waiver and assumption of risks in this paragraph, as well totality of this agreement, to be interpreted in the broadest possible manner and to be enforced to the full extent permitted under the law. III. Care of the PROPERTY: We acknowledge and agree that we will be responsible and liable for any lost, broken, or stolen items left for our use in the PROPERTY and for any damages to the items or PROPERTY during our stay, including acts by us or any of our guests. IV. Use of PROPERTY. We agree to only use appliances for their intended uses. We agree that we are responsible and liable for all damages, bodily injury and death that may occur in connection with our visit to or use of the PROPERTY and caused by but not limited to use of appliances (stoves, ovens, fire pits, fire places, propane grills, and all other appliances), pool, spa, vehicle, golf cart, or any other PROPERTY represented by the Managers. We understand that the PROPERTY may be situated near a body of water, or on a high-floor and may include terraces, balconies, windows, stairs, low railings, and swimming pools and hot tubs without lifeguards. We understand the risks, and will be responsible and liable for damages, bodily injury and death caused to guest(s) and any other persons visiting the PROPERTY as our guest. Hot Tub. We agree to always watch children at all times when they are near the hot tub. We will keep the hot tub cover closed when not in use. We understand that the hot tub can be easily contaminated by improper use, which may cause skin irritation and/or infection (and an additional damage fee charge to your account). We we release the Owners and Managers from any claim related to hot tub use including any adverse reactions we may have from our use of the hot tub. We know a severe health risk is present for small children and pregnant women due to high temperatures. If we have any concerns we agree to consult our doctor before use. WE AGREE BY ACCEPTING THIS RESERVATION AND ENTERING THE PROPERTY WE ACCEPTS ALL RISKS AND LIABILITIES FROM HAVING A HOT TUB ON THE GROUNDS, THE USE THEREIN. TO THE MAXIMUM EXTENT PERMITTED UNDER THE LAW WE RELEASE THE PROPERTY OWNERS AND MANAGERS FROM ANY AND ALL CLAIMS INCLUDING THE NEGLIGENCE OF THE PROPERTY OWNERS AND MANAGERS FOR YOU, YOUR PROPERTY AND YOUR GUESTS. Fireplaces (if included in rental). We agree to make sure the flue is open before lighting a fire, and use only the provided wood in the fireplace.

V. Personal Property: We understand that we are responsible for our personal property if lost, stolen, damaged, or left behind in the PROPERTY. VI. Reasonable Use: We agree to only use the PROPERTY as a private vacation residence. We agree not to allow the PROPERTY to be used for any improper or illegal purposes. We agree to abide by the rules, regulations, terms and conditions of the community where the PROPERTY is located and to refrain from any activity that interferes with the quiet enjoyment of its residents. We further agree to abide by any and all applicable laws and ordinances of the jurisdiction where the PROPERTY is located. VII. Release of Liability: To the maximum extent permitted under the law, WE RELEASE FROM ANY AND ALL LIABILITY the Owners and Managers for any loss, damage, injury, or expense that we may suffer, or that our family or guests may suffer, as a direct or indirect result of use of any of the PROPERTY and due to any cause whatsoever, INCLUDING WITHOUT LIMITATION: NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OR CARE THAT MIGHT BE OWED BY ANY OF THE OWNERS PARTIES. This release is intended to be interpreted in the broadest possible manner. VIII. General Provisions: We agree that If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. BY ACCEPTING THIS RESERVATION AND ENTERING THE PROPERTY WE ACCEPT THE TERMS OF THIS RENTAL AGREEMENT. WE ARE EXPRESSLY ASSUMING THE RISK FROM OUR USE OF THE PROPERTY. WE ARE ASSUMING THE RISK OF ANY AND ALL HARM ARISING TO ME; MY PARTY; OTHERS WHO I INVITE; AND OTHERS WHOM MY PARTY INVITES TO USE THE PREMISES. WE AGREE THAT WE ARE RESPONSIBLE FOR THE SAFETY OF ALL PEOPLE ON THE PREMISES DURING THE PERIOD OF THE OUR STAY.

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