SHORT-TERM RENTAL AGREEMENT
THIS SHORT-TERM RENTAL AGREEMENT (the “Agreement”) is made and entered into as of the date set forth below (the “Effective Date”) by and between WHITEOAK HOLDINGS, LLC, a Mississippi limited liability company (“Owner”) and the renter whose name(s) appear at the bottom of this Agreement (“Renter”). Owner and Renter may hereinafter be referred to as a “Party” in the singular and the “Parties” collectively.
1. Acceptance of Terms. Any payment received by Owner for occupancy of the Premises indicates the express acceptance of the terms and conditions of this Agreement. Renter’s occupancy of the Premises is strictly temporary and transient, and the Premises does not and shall not constitute either a permanent or primary residence of Renter, nor does this Agreement confer upon Renter any other form of tenancy, ownership or similar rights in the Premises.
2. Minimum Age. The minimum age to rent the Premises is twenty-five (25) years of age (the “Minimum Age”). A parent or legal guardian must accompany all Occupants (as hereinafter defined) who are under the Minimum Age for the entire duration of the Rental Term.
3. The Premises. The premises consists of the real property located in Copiah County, Mississippi known by its postal address of 2038 JD Hood Road, Crystal Springs, Mississippi 39059, together with the dwelling, amenities and other improvements situated thereon as either currently existing or may exist in the future (collectively the “Premises”). The Premises is provided “AS-IS” and Owner is not responsible for the inoperability or unavailability of any amenities. Renter expressly agrees to immediately contact Owner upon discovery of any maintenance problem, the existence of a potentially hazardous condition or the occurrence of any incident that occurs at the Premises that is related to such a problem or condition. Renter further agrees to give Owner a reasonable amount of time to respond to any such report and to cooperate with Owner’s efforts to address the concern or provide a remedy. Owner may enter the Premises to remedy any reported problem or to address any situation that Owner reasonably deems an emergency that threatens persons or the Premises.
4. Rental Term and Occupancy. The term of this Agreement shall commence on the Effective Date (Check-In Date) and expire at 11:00 AM prevailing local time on Check-Out Date (the “Rental Term”). Renter agrees to be an occupant of the Premises for the entire duration of the Rental Term and shall be solely responsible their actions and the actions of all family members, guests, and invitees (collectively the “Occupants”) present at the Premises at all times during the Rental Term. Noise audible outside the Premises is strictly prohibited between 10:00 PM and 8:00 AM prevailing local time. Smoking is strictly prohibited anywhere at, in or upon the Premises.
5. Prohibitions. No animals or pets of any kind are permitted at the Premises except as expressly authorized by Owner or otherwise required by applicable law, and Renter expressly acknowledges that the foregoing prohibition is not a guarantee than an animal has not been inside the Premises or that the Premises is free of animal or pet allergens. Unless approved by Owner in writing, events and commercial photography or filming are strictly prohibited and if approved, additional conditions and fees may apply. Use of the Premises for any criminal activity is strictly prohibited and may result in fines, prosecution, and/or your immediate removal from the Premises, and Owner will cooperate with any investigation of alleged criminal activity that occurs at the Premises. The use of charcoal grills at the premises is strictly prohibited, unless in specified designated areas.
6. Payment Terms, Fraud. Payment for rental and occupancy of the Premises (the “Rental Fees”) is due in advance of arrival. If paying Rental Fees by credit card, Renter expressly warrants and represent that Renter is the account holder or an authorized user of the account. If for any reason Owner believes that payment of Rental Fees may be refused by the card processor, Owner expressly reserves the right to demand an alternative form of payment or at the sole option of Owner to cancel Renter’s reservation.
7. Consequences of Breach, Damages. Any failure by Renter or any other Occupant(s) to strictly comply with the terms and conditions hereof shall constitute a material breach of this Agreement and may result in a forfeiture of Renter’s rights to rent the Premises, including immediate removal from the Premises without refund with the assistance of law enforcement at Owner’s sole discretion. Additionally, Renter is responsible for and expressly authorizes Owner to bill Renter’s credit card for the full amount of (A) any damage or loss that occurs at the Premises during the Rental Term, including without limitation any damage or loss (including theft) of any items identified in Exhibit A to this Agreement; (B) a charge of up to One Thousand and No/100 United States Dollars ($1,000.00) for any actions in violation of Article 3 hereof; (C) an additional cleaning fee of the greater of either Five Hundred and No/100 United States Dollars ($500.00) or the actual costs incurred by Owner for excessive cleaning of the Premises that may be required resulting from the acts or omissions of Renter and/or any Occupant(s) during the Rental Term; (D) any fines issued by law enforcement or other government officials or agencies for violation of any applicable law, ordinance, or rule during the Rental Term; and (E) any other charges, expenses or fees as provided in this Agreement.
8. Cancellation Policy. Rental Fees are not refundable either for no-shows or cancellations received fewer than thirty (30) days prior to the commencement of the Rental Term; provided, however, that Rental Fees are refundable in circumstances where the Premises is unavailable or becomes partially or wholly unusable for any reason including but not limited to adverse weather conditions, natural disasters, mechanical failures, evacuation orders or other acts of government agencies having jurisdiction over the Premises.
9. Renter’s Personal Property, Insurance. All personal property either owned or placed by Renter and located in or on the Premises (collectively the “Renter Personal Property”) shall remain the property of Renter and must be removed upon the expiration or earlier termination of the Rental Term. If Renter fails to remove any Renter Personal Property, Owner may appropriate ownership of any or all such items remaining on the Premises without payment to Renter or may otherwise dispose of any or all such items at Renter’s expense. Renter expressly acknowledges that Owner has advised Renter to obtain appropriate and comprehensive travel insurance that covers Renter and all Occupants during the Rental Term, including coverage for personal injury, illness or disease, and damage or loss that occurs to any Renter Personal Property, and Renter hereby expressly releases Owner Group (as hereinafter defined) from any and all liability, costs and expenses or responsibility to Renter, any Occupant(s) or to any other party claiming through or under Renter by way of subrogation or otherwise, for any accident, injury, damage, occurrence or casualty which is covered by the insurance policy(ies) recommended under this Article 9 or that would have been covered by same but for the failure of Renter to procure or maintain such policy(ies), even if such accident, injury, damage, occurrence or casualty may have resulted in whole or in part from any act or omission of Owner or any member of Owner Group.
10. Acknowledgement, Disclaimer, Limitation of Liability and Hold Harmless. Renter expressly acknowledges and agrees that (A) the Premises may have features, amenities, and conditions that are unfamiliar to Renter and other Occupants; (B) use of the Premises may carry inherent risks, including risk of bodily injury, illness or disease, disability, or death, including without limitation natural habitats for wildlife, insects, pests and other unmarked natural or manmade features. Accordingly, on behalf of themselves and any Occupant(s), Renter further acknowledges and agrees that by using the Premises, said parties voluntarily and willfully assume any and all such risks and the consequences associated therewith both known and unknown.
10.1 Disclaimer of Warranties. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OWNER GROUP EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES EITHER EXPRESS OR IMPLIED CONCERNING SAFETY, HABITABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND AS TO THE ADEQUACY OF THE DIRECTIONS AND WARNINGS PROVIDED TO RENTER OR ANY OCCUPANT(S) IN CONNECTION WITH THIS AGREEMENT.
10.2 Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO CASE SHALL OWNER AND/OR ANY OF ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS OR AFFILIATES (COLLECTIVELY, THE “OWNER GROUP”) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY, ILLNESS OR DISEASE, EMOTIONAL DISTRESS, OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE PREMISES BY RENTER OR ANY OCCUPANT(S). THIS LIMITATION APPLIES TO ALL CLAIMS FOR DAMAGES WHETHER BASED ON A THEORY OF WARRANTY, CONTRACT, TORT (INCLUDING ORDINARY NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF OWNER GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND EVEN IF THE LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
10.3 Hold Harmless. Renter expressly agrees to defend, indemnify and save and forever hold harmless Owner Group from and against any and all suits, claims, damages and actions (including attorney's fees and costs and expenses of litigation), including but not limited to personal injury, bodily injury, illness, disease, death, property damage, monetary loss and/or consequential damages (collectively the “Claims”), occasioned, arising out of, or in any manner related to the condition of the Premises and/or occupancy or use thereof by Renter and/or any Occupant(s). Immediately upon initial use or occupancy of the Premises, Renter will be considered to have and does hereby acknowledge that it has inspected the Premises and found it to be in a safe and tenantable condition and Renter hereby expressly releases Owner Group from and for any and all liability for injury and damages caused by defects or deficiencies in the Premises to Renter and any Occupant(s). All obligations of defense and indemnity described in this Section 10.3 shall extend to and encompass any and all Claims of whatever kind or character whatsoever, including, but not limited to any Claims alleging the fault, negligence or liability of Owner Group, either solely, or in conjunction with others.
11. Additional Provisions. This Agreement and its Exhibits represent the entire understanding and agreement between the Parties and supersedes any and all prior agreements, whether written or oral, that may exist between the Parties regarding the subject matter hereof. No benefit, right or duty provided by this Agreement shall be deemed waived unless the waiver is reduced to writing, expressly refers to this Agreement, and is signed by authorized representatives of the Parties. The waiver in one instance of any act, omission, condition, or requirement shall not constitute a continuing waiver unless specifically so stated in the aforesaid written instrument. The headings, sub-headings, and other subdivisions of this Agreement are inserted for convenience only and the Parties do not intend them to be an aid in legal construction. If recourse to a court of law or other legal process, or retention of an attorney by either Party becomes necessary to establish any rights under, enforce any terms or conditions of this Agreement (including the indemnity provisions hereof), or to recover for breach of this Agreement, then any and all costs, expenses, and attorneys’ fees incurred by the enforcing Party shall be due to it from the other Party. The provisions of this Agreement are severable, and if any clause or provisions hereof shall be held invalid or unenforceable in whole or in part in any jurisdiction, then such invalidity or unenforceability shall affect only such clause or provision, or part thereof, in such jurisdiction and shall not in any manner affect such clause or provision in any other jurisdiction, or any other clause or provision in this Agreement in any jurisdiction. Any such clause or provision held invalid or unenforceable, in whole or in part, to the extent permitted by law, shall be restricted in applicability or reformed to the minimum extent required for such clause or provision to be enforceable. This Agreement shall be governed by the laws of the State of Mississippi as the same may from time to time exist and shall be subject to the exclusive jurisdiction and venue of the state and federal courts of Mississippi.
