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Terms & Conditions
Rental Agreement
GoodNightStay
 

These Terms and Conditions form an integral part of the agreement to lease the Rental Property to the Guest.  Certain portions hereof require the initials of Guest acknowledging agreement thereto.     

 

These Terms and Conditions shall serve as a legally binding to these Terms and Conditions you are acknowledging that you understand and accept all of the provisions contained herein. 

*** IMPORTANT RULES ***

 

  • Guests must provide GoodNight Stay with a valid State issued ID within 24 hours of booking. If ID is not provided within 48 hours, GoodNight Stay LLC has the right to cancel the booking without penalty.
  • All guests that are in-state residents must be pre-approved by GoodNight Stay LLC before booking.
  • Booking guest must be 25 years of age or older – unless exception is made by contacting GoodNight Stay LLC.
  • All paid prepayments are non-refundable.
  • Weddings, events, photo/video shoots are not permitted at our home unless otherwise permitted by GoodNight Stay LLC.
  • All reservations cannot begin or end on a Saturday unless the previous Friday or following Sunday is already booked.
  • Standard check-in time is after 4pm, check-out time is 11am.
  • Same day bookings after 2pm will not be accepted or honored.
  • Pool and/or spa heat fee, if available, is $75-$300 a day (5 days’ notice and pre-payment required).
  • Noise level must be kept to a minimum after 10pm, please see further details in section 6 of this agreement.
  • No smoking, vaping or chewing tobacco products is permitted on premises.
  • If this home allows pets: $100 non-refundable fee per pet under 30 pounds, please see listing details.
  • Exceeding the number of guests on lease is unacceptable and will result in eviction.
  • One complimentary air mattress is available upon request; three additional air mattresses are available for $50 each
  • Pack n’ Play and high chair available for $25 each.
  • Parking restrictions may apply.
  • No signs or decorations of any kind on the exterior or interior of the home.
  • Commercial vehicles and food trucks are strictly prohibited from parking on site or parking at the home.
  • Reservations farther out than 9 months may not be accepted.
  • Extra guest fee is $50 per night per guest over 12 people.
  • There are security cameras at the property monitoring the outside front entry and the backyard for safety and security reasons. They are not monitored unless issues arise during a guest stay.
  • Same day bookings made after 2pm will not be honored.

 

 

  1. CITY NOISE ORDINANCE: The Rental Property is located in a quiet residential neighborhood.  The city has a strict noise ordinance.  No loud noises, music or loud vehicles are allowed between the hours of 10:00 pm and 7:00 am.  Guests agree not to undertake any activities that interfere with their neighbors’ right to quiet enjoyment of their property.  Guests agree to fully comply with local noise regulations and to use common sense in keeping the noise volume low after dark.  Any enforcement actions by local law enforcement and/or homeowners association are at the Guests’ sole risk and expense.  If we receive information about excessive noise,  GoodNight Stay LLC has the right to evict guest and all occupants immediately and charge the guest $1,500 with no refund for the balance of the remaining reservation.  Guest’s family and guests shall at all times maintain order in the Premises and at all places on the Premises, and shall not make or permit any loud or improper noises, or otherwise disturb other residents.  Noise level must be kept to a minimum after 10pm, some daytime hours may apply to this rule.  Guest and any additional permitted guests shall refrain from loud noise and shall not disturb, annoy, endanger, or inconvenience neighbors, nor shall Guest use the Premises for any immoral, offensive or unlawful purposes, nor violate any law, association rules or ordinance, nor commit waste or nuisance on or about the Premises.
  1. TERMS OF USE: The Premises shall be used and occupied solely by Guest, exclusively, as a private single-family dwelling, and no part of the Premises shall be used at any time during the term of this Agreement by Guest for the purpose of carrying on any business, profession, or trade of any kind, or for any purpose other than as a private single-family dwelling. Guest shall not allow any other person, to use or occupy the Premises without first obtaining Owner’s written consent to such use. Guest shall comply with any and all laws, ordinances, rules and orders of any and all governmental or quasi-governmental authorities affecting the cleanliness, use, occupancy and preservation of the Premises.  All of our rentals are in residential areas and may NOT be used for weddings, receptions, parties, or for gatherings beyond the registered number of guests unless approved in writing by GoodNight Stay LLC. Any disruptive events could, at GoodNight Stay LLC’s discretion, result in the eviction and forfeiture of entire rental amount and security deposit.
    1. Subletting Prohibited: Guest may not assign this Agreement, nor sub-let, nor grant any license to use the Premises, or any part thereof, without the prior written GoodNight Stay LLC’s express written consent, which may be withheld in its sole discretion. An assignment, sub-letting or license without the prior written consent of GoodNight Stay LLC, or an assignment or sub-letting by operation of law shall be absolutely null and void, and shall, at GoodNight Stay LLC’s option, terminate this Agreement.
    2. As mentioned above; weddings or events are not allowed at this home
    3. House Parties/Large Gatherings/For profit events: House parties and large gatherings, selling tickets or charging a fee for guests who are otherwise strangers to the hosting guests are prohibited and may result in the immediate termination of this Agreement, and Guest’s immediate removal. (*Please expressly request information for weddings, parties or large events.)

 

The Premises is provided in “as is/sight unseen” condition.  GoodNight Stay LLC shall use reasonable efforts to ensure the operation of all amenities in the Premises, such as Internet access, satellite or cable TV access, spas, pools, and fireplaces, as applicable.  The Premises is individually owned and furnished.  GoodNight Stay LLC makes a sincere effort to accommodate its guests, but no refunds or adjustments will be made in the event that Guest determines that the decor or furnishings are unacceptable to their unique tastes and preferences.

 

  1. Maintenance: In the event of equipment, appliances, or utilities’ malfunction during Guest’s stay,  GoodNight Stay LLC will expedite repairs. Guest should call GoodNight Stay LLC as soon as it becomes aware of any problem – most issues can be taken care of quickly.
  2. Property or Guest Amenities: All efforts will be made to accommodate property amenities or guest amenities which are expressly advertised or offered in writing. However, under no circumstances can GoodNight Stay LLC guarantee or warrant any one property amenity or guest amenity. Please report any issues with property amenities or guest amenities immediately to our office.
  3. Utilities: No compensation will be given for temporary outage of electricity, gas, water, cable, satellite, or telephone service. Utility service outages should be reported immediately and all efforts will be made to have them restored as soon as possible. In the event an outage cannot be restored, GoodNight Stay LLC has the right to substitute rental properties (see Right to Change Rental Assignments below) for the remainder of the reservation or until the utilities are fully restored, whichever occurs first if availability permits.

 

  1. NO SMOKING:  SMOKING IS STRICTLY FORBIDDEN IN, OR WITHIN 25 FEET OF, THE RENTAL PROPERTY.  THIS INCLUDES USE OF MEDICAL MARIJUANA and ADULT USE (RECREATIONAL) MARIJUANA.  Evidence of smoking in or near the Rental Property will result in immediate eviction, forfeiture of all amounts paid and will result in additional cleaning fees being charged to the Security Deposit Credit Card(s).
  1. No smoking, vaping or chewing tobacco products are permitted to be used on the property.  Smoking: Smoking and Vaping is strictly prohibited inside the Premises. Smoking is only allowed outside on the patios and yards. An automatic $500.00 charge against the Guest’s credit card or booking platform will be accessed if it is determined that anyone smoked inside the Premises. GoodNight Stay LLC will have the final determining authority with respect to all aspects of this provision of the Agreement.
  2. ILLEGAL SUBSTANCES: No illegal substances are allowed in the Rental Property, and minors should not be in possession of alcohol.  Violations will result in eviction from the Rental Property and no refunds will be issued.  All occupants must abide by all federal, state, and local laws and ordinances affecting the Premises, including, without limitation to, the use or possession of illegal drugs and substances.
  3. FIREARMS, EXPLOSIVES AND FIREWORKS ARE NOT PERMITTED ON THE RENTAL PROPERTY.

 

  1. CRIME-FREE PROVISIONS: Guest, occupants, family, invitees, or other persons under the Guest’s control shall not engage in or facilitate: (i) any acts involving imminent or actual serious property damage as defined by law; (ii) any criminal activity, including drug-related criminal activity, any act of violence or threats of violence, other illegal activity, including prostitution, criminal street gang activity, threatening or intimidating, unlawful discharge of firearms, or assault; (iii) jeopardize the health, safety and welfare of guests, GoodNight Stay LLC or its representatives, agents or others. VIOLATION OF THIS PROVISION SHALL CONSTITUTE A MATERIAL AND IRREPARABLE VIOLATION OF THIS AGREEMENT AND GOOD CAUSE FOR IMMEDIATE CANCELATION OF THIS AGREEMENT AND SURRENDER OF POSSESSION.
  1. NO COMMERCIAL USE. Guest agrees to comply with any and all rules and regulations that are at any time posted on the Rental Property or delivered to Guest. Guest shall not, and shall ensure that Guest and licensees of Guest shall not: (i) disturb, annoy, endanger, or interfere with other Guests of the building in which the Rental Property is located or its neighbors; (ii) use the Rental Property for any commercial or unlawful purpose including, but not limited to, using, manufacturing, selling, storing, or transporting illicit drugs or other contraband; (iii) violate any law or ordinance; or (iv) commit waste or nuisance on or about the Rental Property.

 

• Commercial vehicles and food trucks are strictly prohibited from parking on site or parking at the home

 

 

No Tolerance policy regarding excessive noise, parties, or disturbing neighbors. Please make sure you are comfortable with our Terms as they are strictly enforced.

 

  1. ADDITIONAL CHARGES:  In the event Guest should fail to comply with the terms and conditions of this Agreement, in addition to any other remedies we may have including, but not limited to, immediate eviction without refund, Guest hereby expressly agrees to additional charges for violation of the following restrictions:
  • Extra Garbage - $35 Per Bag
  • Excessively Dirty Premises - $500
  • Excessive Noise - $500
  • Displaced Furniture - $100 per piece
  • Unregistered Pet - $1,000
  • Unauthorized Late Check-Out - $100 per 30 minutes (for up to 4 hours after which the Holdover provisions of HOLDOVER section of this Agreement shall apply)
  • Local Ordinance Violation - $500 + City Fine to owner
  • Broken Glass Around the Pool - $500 + pool technician’s invoice
  • Indoor Smoking (of any kind) - $500

Guest expressly agrees to have any appropriate charges for violations charged to the credit card provided by Guest in connection with this Reservation.

 

  1. DAMAGE WAIVER, CAPACITY RESTRICTIONS, AND HOME COMPLIANCE INSTRUCTIONS: Our properties are inspected before and after each reservation.  

 

The sleeping capacity for this Rental Property is limited to the number of beds provided, so twin beds sleep 1 guest; double, queen and king beds sleep 2 guests each.  This particular Rental Property can sleep up to the number of guests determined accordingly.  Extra guests beyond the maximum sleeping capacity are not allowed without the expressed written permission in advance by GoodNight Stay LLC. Often, extra sleeping capacity is not possible at this Rental Property. 

 

Each additional guest exceeding the maximum sleeping capacity for this Rental Property will incur a charge of $100  per guest, per night and will be charged to the credit card provided. No smoking, or parties of any kind are allowed at this Rental Property. GoodNight Stay LLC has weekly home inspections performed by a third-party inspector for this Rental Property, so we can keep system operating correctly, discover mechanical failures, and help keep the Rental Property in great condition for guests and owners. Sometimes, these inspections fall on dates the Rental Property is occupied. If this inspection falls on a date of your rental, the renter agrees to allow the home compliance inspectors to perform the inspection, which generally takes 30 minutes, between 9AM to 5PM. 24-hour notice will be given if an inspector is coming out. It's also helpful if the renter can inform the inspector of any issues or things not working correctly so they can be addressed or fixed immediately.

 

  1. RESERVATIONS: All Reservations are subject to Management and Property Owner approval. Online rates are subject to change without notice. ALL ONLINE BOOKINGS ARE NOT CONFIRMED UNTIL WE PROVIDE WRITTEN CONFIRMATION WITHIN 48 HOURS OF GUEST PROVIDING PHOTO ID. Should there be ANY issues with the reservation, you will be contacted within 48 hours.

 

  1. PROPERTY: Guest rents, for vacation purposes only, the furnished Rental Property and improvements described as: shown on the Reservation.

 

  1. ARRIVAL & DEPARTURE: Check-in time is no earlier than 4:00 PM on arrival date. This time may be delayed should unforeseen circumstances arise. Check-out time is NO LATER than 11:00 AM on the departure date. Early Check-in and Late Check Out options are available for an additional fee if available (Not an option during Peak Season). If Early Check-in and/or Late Check-out is approved, you will get an email confirmation from the reservation team.

 

  1. PAYMENTS: ALL PAYMENTS ARE NONREFUNDABLE. Outside 90 days of arrival, Deposit Payment is due to reserve the Rental Property. Balance Payment is due 90 Days before Arrival and will be charged automatically to same credit card used, unless communicated otherwise. Within 90 Days of Arrival, Total Cost is due to reserve the Rental Property. ALL Payments are NONREFUNDABLE.  If Reservation is canceled, all payments will be forfeited UNLESS a cancelation wavier was purchased at the time of booking or within 72 hours thereafter.  

 

  1. CANCELATIONS & REFUNDS: ALL PAYMENTS BY A GUEST ARE NONREFUNDABLE.

 

  1. RESERVATION CHANGES: Subject to availability and at the then prevailing rate.  GoodNight Stay LLC reserves the right to offer discounts only at our discretion. If guest needs to change a reservation and reduce number of nights stay guest will need to contact GoodNight Stay LLC as soon as possible. If GoodNight Stay LLC approves of the reservation change guest will be charged a change fee of $250. If the change request is less than the minimum night stay the reservation change request will not be approved. If reservation is within 60 days of check in, a change request will not be approved.

 

  1. UNAVAILABILITY: For any reason beyond the control of Management, the Rental Property become unavailable, Management may substitute a comparable unit or cancel this Agreement and refund in full all payments made by Guest.

 

  1. STRICT NOISE ORDINANCE: The city has a strict noise ordinance that must be followed. No loud noises, music, loud vehicles are allowed between the hours of 10:00 pm and 7:00 am. If we receive information about excessive noise, GoodNight Stay LLC has the right to evict guest and all occupants immediately and charge the guest $500 with no refund for the balance of the remaining reservation.  Excessive noise restrictions may also be enforced during daylight hours.

 

  1. APPROVED GUESTS AND USE: The Rental Property are for the sole use as a personal vacation residence by Approved Guests. Reserving Guest is responsible for any guests that use the Rental Property during the term of this agreement. Guest may not exceed Max Occupancy for Property at any time. If the Rental Property are used, in any way, by more than max allowed guests, (i) Guest and all others may be required to immediately leave the Rental Property or be removed from the Rental Property; (ii) Guest is in breach of this Agreement; and (iii) Guest forfeits its right to return of any monies collected.

 

  1. OCCUPANCY: Approved Guests are persons who will occupy the Rental Property. No unlawful activity or any other activity that constitutes a nuisance is permitted on the Rental Property.  Approved Guests take full responsibility for all lost or broken items, and any damages to the Property of any kind.

  

  1. CLEANING: The Rental Property will be delivered to Guest in a professionally cleaned condition. Upon termination of occupancy, GoodNight Stay LLC will arrange for a professional cleaning service to clean the Rental Property. Guest is responsible for cost of this cleaning and this fee would have been built into the quote you saw when booking. Cleaning fee is mandatory and nonrefundable. Should Guest have excessive trash and activity that require more than a regular cleaning service, Guest will be charged for associated excess costs.  Guest authorizes GoodNight Stay LLC to charge card on file or submit a payment request for any excessive cleaning that is required at check- out for the additional cleaning and trash removal.

 

  1. PETS:  Not all rental properties permit pets.  Pets are allowed only if authorized in advance (check listing details).  If an unauthorized pet is discovered on the Rental Property, Guest authorizes GoodNight Stay LLC to charge the card on file for additional cleaning fee of $500 and/or may be asked to leave without refund as Guest will be in breach of this Agreement.  If a pet is approved, Guest will be charged $100.00 per pet during the stay.  Should approved pet have caused damage or loss to any item in the home, GoodNight Stay LLC reserves the right to charge the guest’s card on file or submit payment request for prompt payment to recover any lost or damaged items.  Guest agrees to settle payment immediately.

 

  1. NO SMOKING: No smoking is allowed on the Rental Property. This includes medical marijuana and adult use (recreational) marijuana.   If smoking does occur on the Rental Property, (i) Guest authorizes GoodNight Stay LLC to charge Guest an additional cleaning fee of $500.00. (ii) Guest is responsible for all damage caused by the smoking including, but not limited to, stains, burns, odors and removal of debris; (iii) Guests may be required to immediately leave the Rental Property, or be removed from the Rental Property; (iv) Guest is in material breach of this Agreement.

 

  1. CONDITION OF PREMISES: Guest understands that the accommodation is a privately owned dwelling with the Owner’s furnishings and neither GoodNight Stay LLC nor the Owner shall be responsible for providing any additional furnishings or equipment beyond what is advertised.  The condition and furnishings will vary in each home according to the owner’s taste.  All properties or units are equipped for housekeeping with dishes, cookware, silverware and glasses.  Guest shall, on arrival, examine the Rental Property, all furniture, furnishings, appliances, fixtures and landscaping, if any, and shall immediately report, in writing, if any are not in operating condition or are in disrepair. Reporting repairs does not give Guest the right to cancel this Agreement or receive a refund of any payments made.

 

  1. LOST ITEMS OR LEFT ITEMS: Management assumes no responsibility for lost, stolen or abandoned items. Reasonable effort will be made to contact the Guest for return. Any items not claimed for longer than 15 days, may be donated, sold or discarded.

 

  1. SHIPPING POLICY: You may ship directly to the home that you are staying in using FedEx or UPS while you are in the home, however we cannot guarantee delivery or security of the package. This will be up to the shipping client and the shipping receiver to arrange. We highly suggest renting a PO Box for any guests staying more long term who will need to receive mail.

 

  1. MAXIMUM OCCUPANCY: No guests in excess of the maximum occupancy specified in the rental agreement shall occupy the Rental Property. Breach of this will result in immediate termination of the rental agreement with a forfeiture of the entire rental amounts and or security deposit (if any).

 

  1. NO PARTIES: All of our rentals are in residential areas and may NOT be used for weddings, receptions, parties, or large gatherings unless approved in writing by GoodNight Stay LLC. Any disruptive events could result in the eviction and forfeiture of entire rental amount and security deposit.

 

  1. ILLEGAL SUBSTANCES: No illegal substances are allowed in the rental, and minors should not be in possession of alcohol.  Violations will result in eviction from the Rental Property and no refunds will be issued.

 

  1. TV/CABLE/INTERNET/SATELLITE:  TV, Cable, Internet, Streaming Services and Satellite services are provided as a convenience only and are not integral to this agreement.  No refund shall be given for number of devices, outages, connectivity problems, lack of service, content, or lack of content or personal preferences with regard to cable/internet/satellite service. Guest is responsible for all internet activity and agrees that no illegal copyrighted material may be downloaded.  Guest is not allowed to upgrade any utility, internet or cable services or order movies on owner’s account.  Any charges associated with such transactions will be billed to the Guest and their credit card will be charged.

 

  1. AIR CONDITIONING/HEATING: All rentals are equipped with air conditioning. if not regulated otherwise, Guest agrees that Air conditioning shall not be set below 72 degrees and heat shall not be set above 78, and that the fan setting shall be "Auto". Doors and windows shall be closed when either heat or air conditioning is in operation. There are no refunds for lack of, or malfunctioning HVAC units.

 

  1. POOL AND SPA / “USE AT OWN RISK”:  The Rental Property may include a hot tub, whirlpool, sauna, or outdoor/indoor pool (a “Special Feature”).  If so equipped, Guest and his/her guest(s) acknowledge that management does NOT provide lifeguard supervision.  Guest understands that the area surrounding a pool and spa may not be fenced or secure and there are special risks that may be involved in using a Special Feature.  In particular, but without limitation, the Guest understands that a Special Feature may present dangers to children who are not carefully supervised, as well as the danger if any person uses the Special Feature for too long a time, has health problems, or is intoxicated or using any kind of drugs or medication, or uses the Special Feature if pregnant.  The Guest agrees to explain the risks of using the special feature to any guests they may have at the unit and to be fully and solely responsible for any accidents his guests may incur. The Guest understands the risks discussed above and agrees that he will assume all responsibility for himself and his guests for the consequences of those risks. Guest acknowledge and agrees that his/her use of the pool, as well as any other guests during the stay, will safely use the pool by not using glass containers in the pool area, running in the pool area, securing all doors leading to the pool, and supervising all small children while in and around the pool.  Guest agrees to waive any claim whatsoever against the Owner or GoodNight Stay LLC for accidents or claims arising from use of special feature. The Guest agrees to indemnify and hold harmless the Owner and GoodNight Stay LLC for any claims made by Guest arising from Guest’s use of the Special Feature. The Guest also understands and agrees that he is responsible and liable and will pay GoodNight Stay LLC upon request for any damages that occur to the Special Feature and its support equipment through his or his guest’s misuse and/or negligence, for example, but not limited to, damaging the hot tub cover and/or pool liner, or allowing the water level to become too low, or causing water overflow inside the unit.  Guest understands and agrees to be responsible and liable for any damages that occur to the pool and spa and its support equipment through Guest misuse and/or negligence. Guest agrees to relieve and indemnify management of any and all liability for responsibility and compliance with pool barrier laws and regulations.

 

  1. POOL HEATING: (this does not apply for condos or community pools):  Pool heating is an additional fee and must be paid for prior to use. Guest agrees not to tamper with pool heat controls or manipulate heater in any way. Pool heat shall not exceed 85 degrees. Swimming pools contain very large amounts of water and the energy that must be expended to heat swimming pools is substantial.  When applicable, the swimming pool thermostat will be set to a minimum temperature of 75 degrees.  Guest understands and accepts that the pool heaters may not successfully raise the temperature of the swimming pool to the temperature selected on the thermostat. Be advised that a lower actual pool temperature may result because the pool heaters are limited in a number of ways. First, the temperature of the water will be dependent on a number of variables, some of which are not controllable. Most importantly, the outside ambient air temperature will significantly impact the effectiveness of the swimming pool heater to the extent that the heaters will not function if the air temperature drops below 50 degrees. The payment of the daily pool fee does not in any way guarantee that the water will be heated to any particular temperature, or at all. The cost per day is the cost to attempt to turn the pool heater thermostat above 75 degrees.  The Guest understands and accepts that the charge per day is intended to compensate GoodNight Stay LLC for the additional electrical expense associated with having the pool heater running, and the additional expenditure of electricity that is incurred whenever the thermostat is turned to 75 degrees or higher.  Pool heat pricing varies per property and Guest is to make an official inquiry to GoodNight Stay LLC for an accurate quote.

 

  1. SPA HEATING: (this does not apply for condos or community pools):  Spa heating is an additional fee and must be paid for prior to use. Guest agrees not to tamper with spa heat controls or manipulate heater in any way. Spa heat shall not exceed 104 degrees. Spa contain very large amounts of water and the energy that must be expended to heat swimming pools is substantial.  When applicable, the spa thermostat will be set to a minimum temperature of 90 degrees.  Guest understands and accepts that the pool heaters may not successfully raise the temperature of the spa to the temperature selected on the thermostat. Be advised that a lower actual temperature may result because the heaters are limited in a number of ways. First, the temperature of the water will be dependent on a number of variables, some of which are not controllable. Most importantly, the outside ambient air temperature will significantly impact the effectiveness of the spa heater to the extent that the heaters will not function if the air temperature drops below 50 degrees. The payment of the daily fee does not in any way guarantee that the water will be heated to any particular temperature, or at all. The cost per day is the cost to attempt to turn the heater thermostat above 90 degrees.  The Guest understands and accepts that the charge per day is intended to compensate GoodNight Stay LLC for the additional electrical expense associated with having the heater running, and the additional expenditure of electricity that is incurred whenever the thermostat is turned to 75 degrees or higher. Some homes have above ground spas that do not require an additional fee to heat.

Spa heat pricing varies per property and Guest is to make an official inquiry to GoodNight Stay LLC for an accurate quote. 

 

  1. FIREPIT/FIREPLACE/TORCHESUSE AT OWN RISK”:  The Rental Property may include a firepit/fireplace or outdoor torches (a “Special Feature”).  If so equipped, Guest and his/her guest(s) acknowledge that management does NOT provide  supervision for the operation of this amenity.  Guest understands that the area surrounding the firepit or fireplace may not be fenced or secure and there are special risks that may be involved in using a Special Feature.  In particular, but without limitation, the Guest understands that a Special Feature may present dangers to children who are not carefully supervised, as well as the danger if any person uses the Special Feature for too long a time, has health problems, or is intoxicated or using any kind of drugs or medication, or uses the Special Feature if pregnant.  The Guest agrees to explain the risks of using the special feature to any guests they may have at the unit and to be fully and solely responsible for any accidents his guests may incur. The Guest understands the risks discussed above and agrees that he will assume all responsibility for himself and his guests for the consequences of those risks.  Guest agrees to waive any claim whatsoever against the Owner or GoodNight Stay LLC for accidents or claims arising from use of special feature. The Guest agrees to indemnify and hold harmless the Owner and GoodNight Stay LLC for any claims made by Guest arising from Guest’s use of the Special Feature. The Guest also understands and agrees that he is responsible and liable and will pay GoodNight Stay LLC upon request for any damages that occur to the Special Feature and its support equipment through his or his guest’s misuse and/or negligence, for example, but not limited to, damaging the firepit/fireplace, causing the flames to be too big, not allowing proper ventilation and causing smoke to enter inside the home.  Guest understands and agrees to be responsible and liable for any damages that occur to the equipment through Guest misuse and/or negligence. Guest agrees to relieve and indemnify management of any and all liability for responsibility and compliance with laws and regulations.  If guest is unsure how to properly use this special feature, Guest is

IMPORTANT: Guest agrees to extinguish firepit/fireplace or outdoor torches when retiring for the night or if no guests will be within 10 feet to supervise this special feature.  Guest also agrees to immediately extinguish firepits and torches when asked by GoodNight Stay LLC or when windy conditions are present so as to ensure flames to do spread or cause damage to the property or a person. 

 

 

  1. SECURITY CAMERAS: Guest acknowledges and agrees that certain security cameras will be positioned on the premises to monitor for safety and security and will be operated according to manager’s standard policies and procedures.  The use or installation, temporarily or permanently, of any concealed or hidden cameras, videos or other recording devises, whether or not activated remotely, by Guest on or in the Rental Property is strictly prohibited.  NOTE:  Monitoring devices are not installed inside the residence and are only on site at the demand of the home owner’s insurance policy.  They are not monitored extensively, and footage is only watched/used if requested if damage/theft has occurred to the property or a neighbor files a noise complaint.  Unplugging, covering, or tampering with the security devices is strictly prohibited.  GoodNight Stay LLC reserves the right to enter premises during stay at anytime to reconnect or uncover the cameras should tenant/guest not comply with requests.  Footage may only be released to law enforcement or by official request from a licensed attorney.

 

  1. SYSTEM(S) FAILURES: In the event the rental unit sustains a failure of a system, including but not limited to water, sewer, septic, electrical, gas, plumbing, mechanical, appliances, heat pump, ventilating, pool, hot tub or other system or structural systems, neither the Rental Property owner nor the Management shall be liable to Guest for damages, and no refunds will be given for such failures.  However, Management will make an effort to promptly repair or replace the failed system or equipment, and in such event, Guest agrees to permit Manager or its service provider to have reasonable access to the Rental Property to inspect and make such repairs.

 

  1. PLUMBING/TOILETS/GARBAGE DISPOSALS:  Use all lavatories, sinks, toilets, and all other water and plumbing apparatus in only for the purposes for which they were constructed. Guest shall not allow any sweepings, rubbish, sand, rags, ashes or other substances to be thrown or deposited therein. Any damage to any such apparatus and the cost of clearing stopped plumbing resulting from misuse shall be borne by Guest.  Guest agrees to clear garbage disposal of any food or blockages prior to departure.

 

  1. PARKING: Please check the listing details for information on how many vehicles are allowed to be parked on the Premises at any time. All vehicles must be parked either in the properties assigned covered parking spot or in an uncovered parking space. Violations of the parking rules subjects the automobile to fines, immobilization devise attachment and towing. On-street parking is monitored and is strictly prohibited. No vehicle longer than 12 feet is allowed on the Premises under any circumstances. RV’s, buses, boats, trailers, or passenger vans which hold more than eight (8) people are strictly prohibited.

 

  1. UNFORESEEN OCCURRENCES: Management will not assume liability for any loss, damage or inconvenience caused by but not limited to the following: weather conditions, natural disasters, pests, construction, acts of God, or other reasons beyond its control. There shall be no refunds available as such instances are beyond the control of Management. It is highly recommended that Guest considers travel and/or rental insurance.

 

  1. RULES; REGULATIONS: NO COMMERCIAL USE. Guest agrees to comply with any and all rules and regulations that are at any time posted on the Rental Property or delivered to Guest. Guest shall not, and shall ensure that Guest and licensees of Guest shall not: (i) disturb, annoy, endanger, or interfere with other Guests of the building in which the Rental Property is located or its neighbors; (ii) use the Rental Property for any commercial or unlawful purpose including, but not limited to, using, manufacturing, selling, storing, or transporting illicit drugs or other contraband; (iii) violate any law, ordinance or rule or requirement of any applicable homeowners’ association; or (iv) commit waste or nuisance on or about the Rental Property.

 

  1. MAINTENANCE & REPORTING: Guest shall properly use, operate and safeguard the Rental Property including, if applicable, any landscaping, furniture, furnishings, appliances and all mechanical, electrical, gas and plumbing fixtures, and keep them clean and sanitary. Guest shall immediately notify Management of any problem, malfunction or damage. Guest shall pay for all repairs or replacements caused by Guest, excluding ordinary wear and tear. Guest shall pay for all damage to the Rental Property as a result of failure to report a problem, malfunction or damage in a timely manner.

 

  1. ENTRY: Management and Managements representatives and agents have the right to enter the Rental Property, at any time, (i) for the purpose of making necessary or agreed repairs, decorations, alterations, improvements, for maintenance or to supply necessary or agreed services; (ii) to verify that Guest has complied with the terms of this Agreement; or (iii) in case of emergency.  GoodNight Stay LLC and its representatives and agents have the right to enter the Rental Property, upon reasonable notice of at least 24 hours, to show the Rental Property to prospective or actual purchasers, tenants, mortgages, lenders, appraisers or contractors.

 

  1. TERMINATION OF OCCUPANCY: Upon scheduled termination of occupancy (i.e., agreed Checkout Time), Guest shall: (i) return all copies of all keys or opening devices to the Rental Property to the lockboxes provided (if applicable) and secure the home, including any common areas; (ii) vacate the Rental Property and surrender it to Management empty of all persons at agreed upon time; (iii) vacate any/all parking and/ or storage space; and (iv) deliver the Rental Property to Management in the same condition less ordinary wear and tear as received upon arrival.

 

  1. HOLDOVER:  Any Guest who fails to vacate the Rental Property at the agreed Checkout Time shall be charged twice the then prevailing rental rate per day until such time as the provisions of above paragraph hereof shall have been satisfied.  Guest expressly agrees to have any such additional charges charged to the credit card provided by Guest in connection with this Reservation.  Additionally, should the next tenant have to be compensated as a result of failure to vacate at the agreed upon time, Guest agrees to also absorb that cost.

 

  1. WEATHER/MOTHER NATURE/CONDITIONS BEYOND OUR CONTROL: GoodNight Stay LLC cannot be held responsible for circumstances beyond our control. This includes but not limited to excessive noise from construction or public/private events, wildfire/smoke, weather related interruptions, road closures, flooding, interruption of services and utilities or unexpected appliance breakdown.

 

  1. PERSONAL PROPERTY AND INJURY: (i) Owner Insurance: Guest personal property, including vehicles, are not insured by Owner or, if applicable, HOA, against loss or damage due to fire, theft, vandalism, rain, water, criminal or negligent acts of others, or any other cause. Owner/Management does not insure against personal injury to Guest, guests or licensees due to any reason other than the condition of the Rental Property. (ii) Guest Insurance: Management recommends that Guest carry or obtain insurance to protect Guest and licensees and their personal property from any loss or damage, (iii) Indemnity and Hold Harmless: Guest agrees to indemnify, defend and hold harmless Owner and Management from all claims, disputes, litigation, judgments, costs and attorney fees resulting from loss, damage or injury to Guest or licensees or their personal property.

 

  1. DISPUTE RESOLUTION: The parties agree to resolve any dispute arising out of or relating to this Agreement as follows:

 

  • Mediation.  If the dispute is not settled by negotiation, the parties agree to first try to settle the dispute by mediation within 30 days of either party providing written notice of the dispute, such mediation to be administered by the American Arbitration Association (“AAA”) under its Commercial Mediation procedures.  In the event the parties are unable to agree on a mediator, AAA shall appoint a mediator.
  • Arbitration.  If the mediation is unsuccessful, the dispute will be resolved by binding arbitration rather than in court, such arbitration to be conducted by the AAA under its Commercial Arbitration Rules before a single, independent arbitrator.  Payment of filing, administration and arbitrator fees will be governed by AAA’s rules.  To begin an arbitration, a party must send a letter to the other arty requesting arbitration and describing the claim.  If GoodNight Stay LLC requests arbitration, it will send the letter to Guest’s most recent address in Parson’s records.  If Guest requests arbitration, it will send the letter to GoodNight Stay LLC registered agent in the state in which the Rental Property is located.  The prevailing party shall be entitled to recover its attorneys' fees and court costs from the non-prevailing party.  The decision of the arbitrator shall be in writing and any judgment may be entered in any court having jurisdiction thereof.  All arbitration proceedings, including testimony or evidence at hearings, will be kept strictly confidential.
  • Place of Mediation or Arbitration.  The mediation or arbitration shall take place in Phoenix, Maricopa County, Arizona.
  • Exceptions to Mediation and Arbitration Requirement.   As the only exception to the agreement to submit all disputes to mediation and binding arbitration as provided herein, GoodNight Stay LLC and Guest both retain the right to pursue:  (1) in small claims court in the county in which the Rental Property are located any claim that is within the court’s jurisdiction, and the parties consent to personal jurisdiction and venue of such court, and (2) a suit in any court with jurisdiction to enjoin (whether by temporary, preliminary, or permanent injunctive relief) infringement or other misuse of intellectual property rights.
  • Class Action and Jury Trial Waiver.   THE PARTIES AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS ACTION, CONSOLIDATED OR REPRESENTATIVE ACTION.  IF FOR ANY REASON A CLAIM PROCEEDS TO COURT RATHER THAN IN ARBITRATION, THE PARTIES WAIVE ANY RIGHT TO A JURY TRIAL.

 

  1. NON-DISPARAGEMENT:  The Parties recognize that relationships with others can have a direct impact on the success of a company and is important to the way a company is perceived by customers and peers alike.  To encourage a positive relationship, each Party hereby promises and agrees, both during the Term of this Agreement and at all times afterwards, (i) not to make any critical, demeaning or disparaging statements, comments or remarks (oral or written) to any person or entity, in public or in private, about the other Party or any of the services offered by either, (ii) do anything which would interfere with or harm the business, business prospects, goodwill or reputation of the other Party, any affiliated person or entity, and/or their existing or prospective client or other business relationship, or which are intended to embarrass the other Party, (iii) do or say anything that would otherwise portray he other Party or any of the services offered by either in a negative light, and (iv) will not communicate to any non-party, directly or indirectly, any criticism, “bad-mouthing” or denigration of any kind of the other Party, in each case by or in any of the Restricted Means and Contexts (defined below).  Each Party further agrees not to make any negative public statements, written or oral, relating to the performance of the other Party pursuant to this Agreement, the conduct of either Party during the term hereof, or any aspect of the business or personal matters of the other Party or any affiliated person or entity of the other Party.  

The foregoing provisions apply to the manner of conduct between the Parties and engaging in activity that would negatively impact the reputation or image of the protected Party, as applicable, is prohibited (i) by any means of expression, including but not limited to verbal, written, or visual, (ii) whether or not preserved in some medium now known or hereafter discovered or invented, including but not limited to audio recording of any type, written text, drawing, photograph, film, video or electronic device, (iii) in any manner or form, including but not limited to any book, article, memoir, diary, letter, essay, speech, interview, panel or roundtable discussion, review, image, drawing, cartoon, radio broadcast, television broadcast, Internet podcast, video, movie, theatrical production, Internet website, e-mail, social media, Twitter tweet, Facebook page, YELP or otherwise, even if fictionalized, (iv) in any language, or (v) in any country or other jurisdiction (collectively, the “Restricted Means and Contexts”).

 

  1. NOTICES:  Any notice which may be required hereunder shall be in writing, and shall be delivered personally, by United States mail, postage prepaid, registered, or certified addressed, if to Guest, at the address shown on the reservation records maintained by GoodNight Stay LLC, and if to GoodNight Stay LLC, at the address provided Guest at date of reservation, and shall be deemed to have been duly given and received when personally served or emailed, or if mailed, on the third business day after the day of mailing, provided that in the event of any disruption of mail services all notices shall be delivered or sent by fax rather than be mailed.

 

  1. INDEMNIFICATION: Guest agrees to indemnify, defend, and hold harmless GoodNight Stay LLC, its Affiliates, successors and assigns, and each of their respective officers, directors, managers, members, employees, owners and agents (each a “GoodNight Stay LLC Party” and collectively, the “GoodNight Stay LLC Parties”) or, from and against any and all claims, suits, demands, actions or other proceedings, and any and all losses, liabilities, damages, costs or expenses of any kind (specifically including, without limitation, reasonable legal and accounting fees) arising from or relating to loss or damage to any property of any kind whatsoever and to whomsoever belonging, including Guest, or injury to persons (including death) by reason of any cause whatsoever either (1) occurring in or about the Rental Property or (2) resulting from actions taken under the express or implied direction of Guest, or (3) that in any way arise out of or relate to the services performed under this Agreement (“Claims”), except as to the percentage of fault of the GoodNight Stay LLC in connection to such Claims.

 

  1. LIMITATION OF LIABILITY:  TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GOODNIGHT STAY  LLC, LLC OR ITS AFFILIATES (INCLUDING BUT NOT LIMITED TO THEIR OFFICERS, MANAGERS, MEMBERS, EMPLOYEES AND AGENTS) BE LIABLE TO OWNER OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT OR LOSS OF DATA OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNATIVE DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY, EMOTIONAL DISTRESS OR DAMAGE TO PROPERTY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER BASED ON A THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND EVEN IF GOODNIGHT STAY LLC HAS BEEN ADVISED OF THE POSSIBIITY OF SUCH DAMAGES.  IN NO CASE SHALL GOODNIGHT STAY LLC LIABILITY TO OWNER FOR BREACH OF CONTRACT OR NEGLIGENCE, IN THE AGGREGATE, EXCEED THE TOTAL LEASING FEE RECEIVED BY GOODNIGHT STAY LLC UNDER THIS AGREEMENT DURING THE THREE-MONTH PERIOD PRIOR TO THE EVENT GIVING RSE TO THE LIABILOTY.

 

  1. OFFSET: At any time or from time to time, GoodNight Stay LLC shall, notwithstanding any other provision herein to the con­trary, have the unencumbered right and be entitled to offset against any monies owed by GoodNight Stay LLC to Guest, any amounts, sums, liabil­ities or other obligations owing to GoodNight Stay LLC by Guest, whether pursuant to this Agreement or otherwise.

 

  1. JOINT AND INDIVIDUAL OBLIGATIONS: If there is more than one Guest, each one shall be individually and completely responsible for the performance of all obligations under this Agreement, jointly and individually with every other Guest.

 

  1. ENTIRE CONTRACT: Time is of the essence. All prior agreements between GoodNight Stay LLC and Guest are incorporated in this Agreement, which constitutes the entire contract. It is intended as a final expression of the parties` agreement and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. The parties further intend that this Agreement constitutes the complete and exclusive statement of its terms, and that no extrinsic evidence whatsoever may be introduced in any judicial or other proceeding, if any, involving this Agreement. Any provision of this Agreement that is held to be invalid shall not affect the validity or enforceability of any other provision in this Agreement. The waiver of any breach shall not be construed as a continuing waiver of the same or any subsequent breach.

 

  1. GOVERNING LAW: This Agreement shall be governed, construed and interpreted by, through and under the laws of the State of Arizona. Jurisdiction shall be in the Superior Court of Maricopa County. The parties to this Agreement expressly agree and recognize that the Arizona Residential Landlord Guest Act does not apply to this Agreement. See A.R.S. § 33-1308 (Transient Lodging exempted from ALTA); instead, the parties’ relationship is governed by A.R.S. § 33-301 et. seq.

 

  1. FORCE MAJEURE.  GoodNight Stay LLC and its affiliates will not be liable for any delay or failure to perform any obligations under this Agreement where the delay or failure results from any cause beyond its reasonable control, including, without limitation, acts of God, fire, strikes or labor disputes, Internet service provider failure or delay, denial of service attack, electrical or power outages, natural disasters, the elements, epidemics, civil disturbances, acts of terrorism, war, or acts or orders of government.

 

  1. GOODNIGHT STAY STORAGE/LOCKED AREAS.  GoodNight Stay LLC may have a storage garage on the premises that its team uses on a daily basis picking up supplies and other products for its managed homes. This garage is typically on the remote side of the house and has a separate entrance and doesn't affect any guest staying within the home. In addition, locked areas such Owner’s personal storage areas are exempt from this lease and are off limits to Guest.  Entry to these areas is prohibited and can result in charges to Guest or termination of this lease.  If you have any questions or concerns with GoodNight Stay LLC using the storage garage or any other prohibited area please contact our office.

 

  1. RELEASE: In consideration of the right to visit the home, Guest agrees to release to the fullest extent allowed by law, GoodNight Stay  LLC and its Management, members, officers, associates, employees, agents, representatives, attorneys, assigns, and affiliates (collectively, the Affiliates) from all liability or responsibility of any kind whatsoever for any personal injury, death, property damage or other loss sustained by me, my minor children, any guest identified on this form, or any guest or person allowed onto the Rental Property during my rental dates as a result of my, my children’s or the guests participation in a visit to the home, due to any cause whatsoever, including without limitation negligence on the part of GoodNight Stay  LLC or its Management.
 
GoodNightStay
7300 N Via Paseo Del Sur
Scottsdale AZ 85258
480-562-6226
[email protected]