This agreement (“Agreement”) is by and between Schneider Design Group (“Manager”) and the person making this reservation (“Guest”).
1. ARRIVAL TIME IS 4:00 PM. DEPARTURE TIME IS BY 10:00 AM. During holiday periods, check-in time may be after 6:00pm. We appreciate your patience! Early arrival and late departure may be available and is billed at $50 per hour in one-hour increments.
2. NO SMOKING: A $250 fee (per day/night) will be charged if any smoking (including e-cigarettes/ vaping) is done anywhere on, in or near the property, in addition to any actual and consequential damages.
3. NO PETS: A $250 fee (per day/night) will be charged, per pet, if any pets or animals are allowed on or in the Property, in addition to any actual and consequential damages.
4. OCCUPANCY: NO PARTIES OR EVENTS ARE ALLOWED. Guest’s Group is defined as the total quantity of people stated when the reservation was made (including Guest). The individual people in Guest’s Group cannot change or be substituted after check-in. Only the people in Guest’s Group are included in the booking amount and permitted to sleep in, enter, or occupy the Property between the hours of 9:00 pm and 9:00 am, and there will be a fee of $500.00 (per night) for each person in excess of this limit. No visitors are allowed. Exceeding maximum occupancy, smoking, or having pets on the Property each shall constitute defrauding a merchant under California Penal Code #537.
5. FALSIFICATION; BREACH: Guest warrants that he/she is of full adult age and has the legal right to contract in his/her own name. If any terms of this Agreement are breached or if any House Rules or laws are violated, Guest and entire Guest’s Group will not be allowed to check-in, or if already checked in, Guest and entire Guest’s Group will be required to vacate the Property immediately without any refund, and if Property is not completely vacated immediately, the security deposit will not be refunded.
6. PARKING: There is one unassigned parking spot for this condo in the underground garage. Guest understands and agrees that this parking spot is not available until after Guest’s check-in time and vehicles are subject to towing or booting at Guest’s expense if parked before the check-in time or after the check-out time.
7. CLEANING; WI-FI; SMOKE DETECTORS; OTHER: The Departure Clean fee includes a standard cleaning upon your departure and is nonrefundable. If excessive cleaning is necessary, an additional fee may be charged. Daily maid service is not included. Guest is responsible for checking and making sure all smoke and carbon monoxide detectors are operating properly. Manager has no control over the strength of any wi-fi signal or internet outage. Refunds cannot be provided for loss of internet. Please bring a personal wi-fi card with you if you are planning on working to ensure connectivity. Bathroom, kitchen and other supplies are only refreshed during check-out cleanings, so guests will need to refresh supplies themselves for longer stays.
8. HOUSE RULES AND LAWS: Guest is completely responsible for every person in Guest’s Group and any visitors. Guest agrees to follow all House Rules contained herein and provided at check-in as well as all laws. Guest shall insure that all people in Guest’s Group and all visitors follow all House Rules and laws. Guest shall never leave children or minors alone or unattended. Quiet Time is from 9:00 pm to 9:00 am. Guest must always keep the noise level down to a minimum and must especially do so during Quiet Time. If a noise or other complaint is made by any neighbor or the police are called, there will be a $200.00 fee for the first complaint and a $300.00 fee for each additional complaint, in addition to any police or city fines and any other costs.
• Children and minors shall never be left alone or unattended.
• Nobody is allowed to climb on or over any railings or furniture anywhere on or in the property.
• Sports equipment, such as bicycles, skis, snowboards, golf clubs or other large, sharp or sandy items are not allowed inside the Property.
• Do not try to open any owner cabinets or lockers.
• None of the following is allowed on, in, or near the Property at any time: DJ, sound or music equipment; musical instruments; lighting equipment; decorations; catering or cooking equipment; beer kegs or other kegs; excessive alcohol or drinking; drinking games (including, but not limited to cornhole/bean bag toss and beer pong); yelling or shouting; commercial vehicles; motorcycles; loud vehicles; or anything else that could contribute to degrading the image of the Property or the neighborhood or disturb any neighbors.
• Due to the possibility of accident or injury, Manager, Owner and Agent prohibit children under the age of 18 from using hot tubs. Guest and visitors acknowledge that use of hot tubs is at their own risk to injury and damage from the chemicals used to keep hot tubs sanitary which may cause fading in some swimsuits and some individuals may experience skin rashes; pregnant women and people with heart conditions or pace-makers are not allowed use of the hot tubs and enter it at their own risk and agree to hold Manager, Owner and Agent harmless. Pools and hot tubs are subject to closure anytime management determines potential risks.
• Guest must check the bathtub and any mats to make sure they are not slippery or could slip before using.
• Governor Newsom’s Executive Order N-33-20, and associated guidance of the California Public Health Officer and CDC, may apply statewide. These advise people to “avoid traveling long distances for vacations or pleasure as much as possible. This is to slow the spread of the coronavirus. Do not travel if you are sick, or if someone in your household has had coronavirus in the last two weeks. Do not travel with someone who is sick.”
• Manager assumes no responsibility for lost, stolen or damaged items on the Property or your vehicles. Please lock all doors, windows and vehicles.
9. RESPONSIBILITY; SECURITY DEPOSIT: Guest is completely responsible for the entire Property and it’s contents and accessories. Guest agrees to pay for any and all damage, including consequential damage, and loss to the Property and any of it’s contents and accessories. There shall be no limit to Guest’s liability. Guest is required to leave one key in the lockbox. Guest agrees to pay $45 for lost parking pass, $25 for each key that is not returned and $60 for lockouts during normal business hours and $125 on weekends, after 5:00 pm or before 9:00 am. Guest agrees to pay all costs for (and security deposit may be used for) any or all of the following: a. restoring any damage to Property or its contents; b. replacing any missing or damaged linens, towels, or other contents or accessories; c. replacing any keys that are lost or re-keying locks; d. any change or cancellation fees or early check-in or late check-out fees; e. any unpaid Usage Fees or charges or fees incurred for pets, smoking, noise, excessive occupancy or people, excessive cleaning, contraband, collection fees, PayPal, credit card, bank, or other fees, attorneys’ fees, and legal costs; f. any costs associated with having Guest or Guest’s Group vacate the Property due to breach of this Agreement; and g. any other costs or fees associated with Guest use or this Agreement. If a damage waiver or property damage protection has been paid for, it is nonrefundable and covers accidental minor physical property damage to the Property caused by Guest up to $200.00 or 25% of the total damages, whichever is lesser.
10. DEPOSIT; CANCELLATION; OTHER: There shall be no refunds for cancellations made less than 60 days before the Arrival Date. If Guest vacates the Property before the end of the rental period or does not arrive on the Arrival Date, the unused portion of the rental period shall return to Manager. The Total stated on the Rental Agreement is due in full the sooner of the date stated on the first page or 30 days before the Arrival Date. Failure of Guest to pay any balance due by the due date shall constitute Guest cancellation. There shall be no refunds for any unused portion of this usage for any reason whatsoever, or for any change or cancellation requested with less notice than is required. If any amenity, accessory, appliance or fixture does not operate fully or there are any other problems, Manager will make efforts to resolve any issues, explain to Guest how to resolve any issues, or will try to offer a late departure as the sole compensation. No refunds shall be provided for any electrical blackout, brownout or outage; other utility outage; internet or wifi outage; electrical, plumbing, appliance or mechanical problem or failure; fire; earthquake; storm; weather; flood; disaster; accident; virus; outbreak; pandemic; act of god; act of law; act of any government official; road conditions; travel restrictions; flight cancellations or changes; travel cancellations or changes; or anything else which prevents Guest from being able to use the Property. Guest must obtain this insurance directly if they want coverage for this. Guest is advised to purchase their own travel insurance if there is any chance this reservation may need to be canceled for any reason whatsoever and to cover any travel restrictions. Guests with reservations made after March 15, 2020, understand and accept all risks, worldwide hazards and health risks regarding the COVID-19 coronavirus. Everyone in Guest’s Group must wear masks, practice social distancing and follow all other guidelines, rules and laws when on the property. Guest understands and agrees to adhere to Manager’s currently set cancellation policy and will continue to do so regardless of any extenuating circumstances, force majeure, or forced circumstances policy. This Agreement shall prevail over any rental platform terms, and all other terms to the extent there is any inconsistency or policy changes.
11. INDEMNITY: GUEST SHALL INDEMNIFY, DEFEND, RELEASE, AND HOLD HARMLESS MANAGER, CARL SCHNEIDER, THE PROPERTY OWNER, THE TOWN OF MAMMOTH LAKES, THEIR SUBSIDIARIES, AFFILIATES, EMPLOYEES, CONTRACTORS, AND REPRESENTATIVES (“RELEASED PARTIES”), FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, SUITS, DAMAGES, COSTS, LOSSES, OR EXPENSES OF ANY NATURE WHATSOEVER, INCLUDING ALL ATTORNEYS’ FEES AND LEGAL EXPENSES, INCURRED BY ANY OR ALL OF THEM ARISING FROM OR IN CONNECTION WITH THE OCCUPANCY OR USE OF THE PROPERTY OR ITS CONTENTS, BICYCLES, SKIS, SNOWBOARDS, SLEDS, STAND-UP PADDLEBOARDS, BARBECUE GRILL, ANY OTHER ACCESSORIES, OR BREACH OF THIS AGREEMENT.
12. LIMIT OF LIABILITY: IF, DESPITE THE ABOVE RELEASE, LIABILITY IS IMPOSED ON ANY RELEASED PARTIES FOR ANY REASON, THE TOTAL LIMIT OF THE ENTIRE LIABILITY OF ALL RELEASED PARTIES, INCLUDING ALL ATTORNEYS’ FEES AND LEGAL EXPENSES, SHALL IN NO EVENT EXCEED, IN THE AGGREGATE, THE LESSER OF $1,000 OR THE AMOUNT PAID UNDER THE RENTAL AGREEMENT.
13. SEVERABILITY; WAIVER: If a court or other competent legal authority finds a provision to be invalid, illegal or unenforceable, such determination shall not affect any other provision in the Agreement all of which shall remain in full force and the parties shall in good faith consult to agree to the extent of any amendment that might be possible to make the provision valid, enforceable or legal whilst reflecting as far as possible the original intention of the parties. If a party waives any provision of this Agreement, the waiver in such an instance shall not be deemed to be a continuing waiver, and no waiver by either party shall prevent such party from enforcing any and all other provisions.
14. ENTIRE AGREEMENT; COUNTERPARTS: Unless a separate rental or usage Agreement was signed by hand to confirm this booking, these Terms and Conditions constitute the entire agreement among the parties relating to its subject matter; supersedes all prior proposals, agreements, representations and understandings, including any and all terms from all online rental platform websites; and may not be amended, except in writing and signed by each party, except that Manager may modify this agreement by posting any amendments.
15. MISCELLANEOUS: Guest may not sublet, transfer, sell or assign this Agreement. If any payment or the security deposit is not received by the due date, any discounts will be void and a 5% fee will apply, or Manager may cancel reservation without any refund. Guest is responsible for all taxes which are required in some areas. If they are not required, they are part of the rental fee. Guest understands and agrees that this Agreement is for the rental of a condo or license and is not for consumer goods or services. This Agreement, its terms, attachments, and House Rules, the discussions and transactions between the parties, and any details regarding this rental, usage or license are confidential and they may not be disclosed by Guest, in whole or in part, to any third parties. Guest agrees not to make any statements, written or verbal, and guarantees that nobody in Guest’s Group, any visitors or associates will make any statements, written or verbal, that defame, disparage or in any way complain about or criticize the Property or neighbors or the personal or business reputation, practices, or conduct of Manager or Property owner, including but not limited to any review or rating on any website. Guest understands and agrees that the previous two sentences are material provisions of this Agreement and that any breach or violation or threatened violation of these provisions: (a) shall be a material breach of this Agreement; (b) would cause Manager to be irreparably harmed; and (c) for each occurrence, Guest shall pay Manager $10,000 as liquidated damages. The Property may be entered by Manager or Manager’s representative upon notice and the common area may be entered without notice. The exterior of the building has security video cameras which may be used to protect the Property and the terms of this agreement. If Guest consists of two or more entities or individuals, Guest’s obligations are jointly and severally those of all such entities or individuals.
16. GOVERNING LAW; OTHER: This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of California, USA. Venue for all disputes arising under this Agreement shall lie exclusively in Los Angeles County, California, USA. Guest understands and agrees that Manager is not a landlord, Guest is not a tenant, and Guest shall not have any tenant rights, including, but not limited to, California Civil Code sections 1940-1950.5. The substantially prevailing party shall be entitled to recover its reasonable attorneys’ fees, legal costs, and expenses, except for claims brought in Small Claims Court.
17. CHECK-OUT: Guest must follow the check-out procedures listed below prior to Guest’s final departure:
• Turn off the all heaters, fans, lights, appliances, etc.
• Put any appliances or furniture that was moved back where it came from.
• Put the trash in the dumpster in the garage (especially kitchen trash).
• Close and lock all windows and doors. To lock the front door, simply close the door.
• return keys
• Vacate the parking spot (housekeeper needs to park there).
• Send Manager a message to confirm final departure.