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Rental Agreement
  Please read the entire agreement before you sign.
  This agreement must be signed within 48 hours and returned to:
 
          Manor Retreats, LLC
          406 South Price
          Tempe, Arizona 8528


RENT: Guest will pay to Owner the Total Payment listed above in two installments: (i) $5,000 deposit concurrently with the execution of this Agreement ("Non-Refundable Deposit"); and (ii) the remaining balance ("Balance") no later than four (4) weeks before the check-in date (“Balance Due Date”). The Non-Refundable Deposit is deemed to be earned upon receipt and non-refundable. If Guest cancels this Agreement in writing prior to the Balance Due Date, Guest will forfeit the Non-Refundable Deposit but will have no obligation to pay the remaining Balance. If Guest cancels this Agreement on or after the Balance Due Date, the entire Total Payment (less the Security Deposit and Cleaning Fee) will be deemed earned and Owner will retain the entire Rental Amount and any associated tax as liquidated damages. If Guest fails to pay the Balance on the Balance Due Date, Owner may terminate this Agreement and retain the Non-Refundable Deposit as liquidated damages. If the reservation is made within the 4 week period before the check-in date, then the full amount is due and this is non-refundable. 

SECURITY DEPOSIT AND CLEANING FEE: In addition to paying the Balance on the Balance Due Date, Guest will pay Owner the $2500 Security Deposit, as well as the Cleaning Fee. The Cleaning Fee will be non-refundable once paid. If Guest fails to pay the Security Deposit or the Cleaning Fee on the Balance Due Date, the Owner, in its sole discretion, may cancel this Agreement and retain any amounts paid, including, but not limited to the Non-Refundable Deposit. Following the checkout date, within ten (10) business days, Owner will inspect the Property to ensure that Guest did not cause any damage. If Guest caused damages, Owner, in its sole discretion, may retain the Security Deposit to cover any damage Guest caused to the Property or any of its contents, including, but not limited to, furniture and fixtures. Owner will have sixty (60) days from the checkout date to determine the cost to correct any damages to the Property. Thereafter, Owner will return any unapplied portions of the Security Deposit to Guest within fifteen (15) business days. Should Guest cause damage to the Property that exceeds the Security Deposit, Owner will be entitled to charge Guest’s credit card on file for the additional damages. Guest must report any loss or damage to the Property or its contents to Owner, during Guest’s stay or Guest waives the right to contest any damage. 

NO ADDITIONAL RIGHTS: This Agreement does not permit any continuation or renewal beyond the departure date listed above. At the end of the rental period, Guest will vacate the Property no later than {reservations.unit_check_out_time} and leave (if applicable) all keys/garage door/gate openers on the countertop of the wet bar in the main room. If Guest willfully fails to vacate the Property as provided for in this Agreement, the Owners will be entitled to recover an amount equal to twice the actual damages sustained by the Owner.

PERMITTED USE: The Property will be used and occupied solely by Guest, with maximum occupancy never exceeding {reservations.occupants} persons (“Occupancy Limit”), unless the Owner pre-approves a greater occupancy in writing prior to the check-in date. Owner will charge Guest a $250.00 fine per additional occupant each night if Guest violates the Occupancy Limit. Guest’s Occupants will include friends and family exclusively (“Permitted Occupants”), all of whom must comply with the conditions and restrictions imposed upon Guest under this Agreement. During the term of this Agreement, Guest will not utilize any part of the Property for: (i) any commercial purpose of any kind; (ii) bachelor/bachelorette party; (iii) weddings; (iv) private parties or gatherings (consisting of 10 or more people or which exceed the Occupancy Limit); (v) or for any purpose other than as a private single-family dwelling (collectively, “Non-Permitted Use”). Should Guest utilize the Property for any Non-Permitted Use, Owner, in its sole discretion, will be entitled to retain the Security Deposit as damages for the violation of this provision. Guest will not allow any other person, to use or occupy the Property without first obtaining the Owner’s written consent. Guest will comply with any and all applicable local, state, and federal laws, regulations, ordinances, rules, and orders regarding the cleanliness, use, occupancy, and preservation of the Property.
  
Guest will use the Property solely for residential purposes, in a careful manner, preventing any damage or loss to the Property. Guest will maintain the Property in clean and sanitary condition at all times. Guest and any additional Permitted Occupants will refrain from loud noise and will not disturb, annoy, endanger, or inconvenience neighbors. Guest will not use the Property for any immoral, offensive or unlawful purposes, violate any law, association rule, or ordinance, or commit waste or nuisance on or about the Property. Guest will not make any alterations or improvements to the Property or construct any building on the Property. Guest will not use or keep any hazardous, dangerous, flammable, or explosive item or material on the Property. Guest agrees that his conduct and the conduct of his guests and occupants will not be disorderly, or unlawful, will not disturb the rights, comforts, and conveniences of others, and will not interfere with the quiet use and enjoyment by the other residents of the community. Guest agrees not to use accommodations for the manufacture, sale, or distribution of any goods, legal or illegal. 

The Property is provided in an "as is" condition. Owner is not responsible for the failure of any amenity; however, Owner will promptly make all reasonable efforts to correct any issues reported by Guest. Guest acknowledges that use of Amenities may be potentially dangerous and involve certain risks if improperly used — specifically with regard to children — such use is at the Guest’s own risk. Guest certifies that children’s use and access to all Amenities will be supervised by an adult at all times. A.R.S § 36-1681 mandates that children under six (6) years old may only occupy a home with a pool if the pool is separately fenced away from home with a self-latching gate. The Property does not meet the Arizona Pool Barrier requirements. Guest understands that they have been advised of and accept the risk of the pool and holds Owner and its agents harmless and waives any and all claims against Owner and Manager of Property, as to the use of the pool.

COMPLIANCE WITH LAWS: Guest, occupants, family, guests, invitees, or other persons under the Guest's control (“Guest Related Parties”) will 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, Owner, Owner's representatives, agents or others; or (iv) any acts that violate any use, noise, nuisance, or related laws, rules or regulations.  VIOLATION OF THIS PROVISION WILL CONSTITUTE A MATERIAL AND IRREPARABLE VIOLATION OF THIS AGREEMENT AND GOOD CAUSE FOR IMMEDIATE TERMINATION OF THE TENANCY.  IN ADDITION TO OWNER’S TERMINATION RIGHT, GUEST AGREES THAT IT WILL PAY OR REIMBURSE OWNER, ON-DEMAND, ANY FINES, PENALTIES, FEES, AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, INCURRED BY OWNER AS A RESULT OF A BREACH OF THE FOREGOING PARAGRAPH.  

A.R.S. §11-269.17; LIQUIDATED DAMAGES:  Guest assumes all liability for all fines, fees, penalties, costs and/or interest arising in connection with a violation of A.R.S. §11-269.17(F), or other local ordinance or regulation outlined under A.R.S. §11-269-17(B)(1) through (3).  If any governmental authority issues Owner a citation for any such violation, Guest acknowledges that Owner will suffer an irreparable injury which may be difficult to calculate at the time of such violation.  Accordingly, Guest will forfeit the Security Deposit as liquidated damages if any citation is issued. Guest agrees that the amount of the Security Deposit is a reasonable approximation of Owner’s actual harm or loss as a result of such violation, is not intended to operate as a penalty, and has been negotiated by the parties in good faith.  The foregoing liquidated damages apply only with respect to the statutory violations above and do not govern or limit the rights and remedies of Owner under any other provision of this Vacation Rental Agreement. 

NON-DELIVERY OF POSSESSION AND DOUBLE BOOKING: In the event Owner cannot deliver possession of the Property to Guest upon the Check-In Date, Owner will have no liability to Guest other than a refund of any amount Guest paid to Owner. In the event that Owner accidentally double-books an overlapping rental, Owner will endeavor to place Guest in a like-kind Property owned by Owner or its agents. If Owner is unable to place Guest in an alternative Property, Guest will only be entitled to a refund of the Rent (and associated taxes) for the overlapping period, as well as a $500 per day inconvenience fee. In such case, Owner will still be entitled to retain the Cleaning Fee, as well as apply the Security Deposit regarding any damages Guest caused during the days Guest stayed at the Property. OWNER AND ITS RESPECTIVE AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE PROPERTY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EXCEPT FOR OWNER’S GROSS NEGLIGENCE OR WILFUL MISCONDUCT. OWNER AND ITS AGENTS ARE SPECIFICALLY NOT LIABLE FOR ANY DAMAGES OF GUEST’S USE OR ACTIONS TAKEN ON THE PROPERTY. IF THE FOREGOING LIMITATION IS HELD TO BE UNENFORCEABLE, OWNER’S AND ITS AGENTS’ MAXIMUM LIABILITY TO GUEST WILL NOT EXCEED THE AMOUNT OF ALL RENT PAID BY GUEST DURING THE USE OF THE PROPERTY. 

INDEMIFICATION: Guest will indemnify, defend, protect and hold harmless Owner, its property managers, agents, and mortgagees or deed of trust beneficiaries, and their respective officers, directors, shareholders, partners, members, managers, agents, employees and independent contractors (collectively, Owner and all such parties, the “Owner Parties”), for, from and against any and all loss, cost, damage, expense, cause of action, claim and liability, including, without limitation, court costs and reasonable attorneys’, accountants’ and investigators’ fees (collectively “Claims”), incurred in connection with or arising from (a) injury to persons or loss of life, including Guest, Guest’s occupants, family, invitees, agents, and visitors, or damage to Property resulting in whole or in part from Guest’s use of all or any part of the Property, (b) any activity, work or thing done, permitted or suffered by Guest or by any agents, employees, licensees, subtenants or invitees of Guest in the Property, (c) any violation of this Vacation Rental Agreement, (d) any acts, omissions or negligence or willful misconduct of Guest or of any person claiming by, through or under Guest, or of the agents, employees, licensees, subtenants or invitees of Guest or any such person in, on or about the Property, and (e) any fines, fees, penalties, citations, or costs due to Guest’s violation of any law, regulation, city code, association rule, or other governmental authority rule or regulation. Guest’s agreement to indemnify Owner pursuant to this section is not intended and will not relieve any insurance carrier of its obligations under policies required to be carried by Guest pursuant to the provision of this Lease. In case any action or proceeding is brought against Owner to which this indemnification will be applicable, Guest will pay all Claims resulting therefrom and will defend such action or proceeding, if Owner will so request, at Guest’s sole cost and expense, by counsel reasonably satisfactory to Owner. The obligations under this section will survive the expiration or earlier termination of this Agreement.

RELEASE: Guest waives and releases any claims against Owner and its respective employees, agents, rental agents, contractors, and their successors, assigns, employees or representatives, officially or otherwise, for any injuries or death that may be sustained by Guest on, near or adjacent to the Property, including any common facilities, activities or amenities. Guest agrees the use of any such facility or amenity is entirely at the Guest’s own initiative, risk, and responsibility. Guest agrees that all personal property, furnishings, personal effects or other items brought into the Property by Guest or their occupants and visitors will be at the sole risk of Guest with regard to any theft, damage, destruction or other loss, and Owner and Manager will not be responsible or liable for any reason whatsoever.
Insurance. At all times during this Agreement’s term, Guest will maintain a general liability and property damage insurance policy covering the Property in the amount of $1,000,000.00 per person for bodily injury and $1,000,000.00 combined limit per occurrence for bodily injury and property damage liability, as well as an Umbrella Policy in the same amounts. Owner will be named as an additional insured on the insurance policies. Upon request, Guest will provide copies of such policies to Owner.

CHECK-IN AND CHECK-OUT: Owner will meet and greet Guest at its office upon arrival. Guest may check-in at 3:00 PM* or later on {reservations.startdate}. For arrivals after 8:30 PM, Guest must make special arrangements in advance by contacting Owner. If Guest fails to make special arrangements in advance, Owner may refuse to permit Guest to check in until the following morning. Guest will check out of the Property no later than 10:00 AM* on {reservations.enddate}.  *For early arrival or late departure please inquire for availability and applicable fees. 

(GUESTS INITIALS REQUIRED)

KEYS AND REMOTES: Guest is responsible for lost keys and remotes. Owner will charge Guest $25.00 for each house key or remote that Guest fails to return.

HOUSEKEEPING: Prior to arrival, the Property will be cleaned. Owner will provide Guest with fresh linens. Guest will notify Owner if the housekeepers have missed something immediately so that Owner can rectify the issue. Owner will not issue any partial refunds for cleaning if Owner is not promptly advised regarding the issue. Additional maid service is available on a fee-for-service basis. The Property is a non-smoking home. If Guest or any of its invitees smoke inside the Property, Owner will charge Guest a smoking fee of up to $3,000.00 for additional cleaning upon his/her departure. Guest will not smoke inside the Property and if Guest must smoke, Guest will only do so outside.

PETS: No unpermitted pets allowed. Guest agrees not to bring any pets on the Property without Owner’s prior written consent. Owner will consider any breach of this provision material and will immediately terminate this Agreement. Additionally, Owner will charge Guest an additional $1,000.00 pet cleaning fee if this provision is breached. Owner will NOT REFUND any money if this Agreement is terminated for a breach of this provision. 

(GUESTS INITIALS REQUIRED)

POOLS: The Property contains a swimming pool and hot tub. Guest will not bring any glassware or bottles anywhere near the pool or hot tub. Children cannot use the pool without an adult in attendance. Guest acknowledges receipt of the Arizona Department of Health Services approved private pool safety notice, which can be downloaded from the Arizona Department of Health Services website. Guest expressly releases Owner from any and all liability and responsibility for compliance with any applicable pool barrier laws and regulations. ABSOLUTELY NO DIVING OR GLASS IN OR NEAR THE POOL. 

GAS USAGE: Renter will be allotted a $50.00 per day gas budget for hot tub, gas fireplace, fire pits, and gas bbq. Owner will bill Guest for any gas usage above and beyond $50.00 per day. Owner will charge Guest $150.00 per day that Guest heats the pool. 

FORCE MAJEURE: Owner will not be liable should the Property become uninhabitable or not available before and up to the day of arrival due to events beyond Owner’s control, including, but not limited to, acts of God, plague, disease, pandemic, fire, floods, foreclosures, eminent domain, and governmental shutdowns. If a situation arises and the Property is not available or uninhabitable, Owner will alert Guest immediately and will refund any amount paid to Owner. However, any other expenses Guest incurred, i.e. non-refundable airline tickets, rental cars, travel expenses, will not be the Owner's responsibility.

ACCESS: Owner may, at any time, enter the Property to inspect the Property, make necessary or agreed upon repairs, decorations, alterations, improvements, or supply necessary services or in the case of an emergency. This reservation may be terminated without refund, if conduct Owner deems inconsiderate persists or if more than the number of persons specified in the confirmation occupies the Property. Property interiors must be kept clean, sanitary, safe and habitable. Children under the age of 12 must have adult supervision at all times.

(GUESTS INITIALS REQUIRED) 

ALTERATIONS AND IMPROVEMENTS: Guest will not make any alterations or improvements to the Property without Owner’s prior written consent.

ARIZONA LAW: This contract will be governed by Arizona law and jurisdiction is exclusively conferred on the State of Arizona. Any mediation, arbitration, or proceeding arising out of this Agreement or Guest’s utilization of the Property, whether in contract or tort, will be brought in Maricopa County, Arizona. Guest waives any arguments regarding forum non-conveniens. The Parties to this Agreement expressly agree and recognize that the Arizona Residential Landlord-Tenant Act does not apply to this Agreement pursuant to A.R.S. § 33-1308.

ATTORNEY'S FEES AND COST: The prevailing party in any dispute or claim between Guest and Owner arising out of or relating to this Agreement will be awarded all their reasonable attorney fees and costs, along with all costs and fees incurred as a result of any collection activity. Costs will include, without limitation, expert witness fees, fees paid to investigators, and arbitration costs.

INTERNET: The Guest(s) assumes all responsibility for the access and use of any and all sites during their stay. Guest will indemnify and defend Owner of all responsibility should there be illegal or wrongdoings or misuse of the provided Internet service. All penalties, fines, and costs related to the misuse or misrepresentation while using the Internet service and site(s) are the responsibility of the Guest.

FURNITURE: To the extent Guest desires to move any furniture in the Property, Guest will secure such furniture in a safe location and utilize such actions as necessary to prevent any damage to such furniture. Before Guest vacates the Property, Guest will return the furniture to its previous location in the Property.

AUTHORIZED AGENTS: The Manor Estate, LLC’s only authorized agent will be Jonathan Sacks. No other person or entity has any authority to bind The Manor Estate LLC or speak on its behalf. That said, The Manor Estate LLC is the only party to this Agreement other than Guest. Jonathan Sacks is not a party to the transaction for any purpose other than marketing the Property and bringing together the Parties for the purposes of this Agreement.

NO WAIVER: No failure or delay by either Party to exercise any right or power under this Agreement will be construed as a waiver, nor will any single or partial exercise of any right or power preclude any further or subsequent exercise thereof, nor shall it affect the Parties’ duties, obligations, and liabilities under this Agreement.

INTEGRATION: This Agreement constitutes the complete agreement of the Parties and supersedes all prior or contemporaneous understandings, agreements, or representations, written or oral, of the Parties. This Agreement shall not be modified, changed, altered or amended in any way except through a writing signed by all Parties, and expressly declared to be an amendment or modification of this Agreement. This Agreement will be binding and enforceable on the Parties’ heirs, executors, administrators, legal representatives, successors, and assigns (where assignment is permitted).

ALTERNATIVE DISPUTE RESOLUTION: ANY AND ALL DISPUTES BETWEEN OWNER AND GUEST ARISING OUT OF AND/OR RELATING TO THIS AGREEMENT AND THE RELATIONSHIP BETWEEN THEM, OTHER THAN DISPUTES RELATED TO PAYMENTS OWED TO OWNER AND DEFENSE/INDEMNIFICATION OWED TO OWNER, WHETHER TORTIOUS OR CONTRACTUAL IN NATURE, WILL BE SUBJECT TO MANDATORY MEDIATION IN FRONT OF A MUTUALLY AGREEABLE MEDIATOR IN MARICOPA COUNTY, ARIZONA.  IN ORDER TO INVOKE MEDIATION, THE COMPLAINING PARTY MUST SEND THE OTHER PARTY A DEMAND FOR MEDIATION, ALONG WITH THREE SUGGESTED MEDIATORS.  THE RESPONDING PARTY MUST RESPOND TO THE MEDIATION REQUEST WITHIN TEN (10) CALENDAR DAYS WITH AN AGREEMENT TO UTILIZE ONE OF THE SUGGESTED MEDIATORS OR THREE ALTERNATIVE SUGGESTED MEDIATORS.  THEREAFTER, THE COMPLAINING PARTY WILL HAVE FIVE (5) CALENDAR DAYS TO AGREE TO ONE OF THE RESPONDING PARTY’S SUGGESTED MEDIATORS.  IF THE PARTIES CANNOT AGREE UPON A MEDIATOR, THE RESPONDING PARTY WILL SELECT ONE OF THE COMPLAINING PARTY’S MEDIATORS TO APPOINT AN ALTERNATIVE MEDIATOR. IN THE EVENT THAT MEDIATION IS UNSUCCESSFUL, ANY AND ALL DISPUTES BETWEEN OWNER AND GUEST ARISING OUT OF AND/OR RELATING TO THIS AGREEMENT AND THE RELATIONSHIP BETWEEN THEM, OTHER THAN DISPUTES RELATED TO PAYMENTS OWED TO OWNER AND DEFENSE/INDEMNIFICATION OWED TO OWNER, WHETHER TORTIOUS OR CONTRACTUAL IN NATURE, WILL BE SUBJECT TO PRIVATE BINDING ARBITRATION IN MARICOPA COUNTY, ARIZONA. IN ORDER TO INVOKE ARBITRATION, THE COMPLAINING PARTY MUST SEND THE OTHER PARTY A DEMAND FOR ARBITRATION, ALONG WITH THREE SUGGESTED ARBITRATORS.  THE RESPONDING PARTY MUST RESPOND TO THE ARBITRATION DEMAND WITHIN TEN (10) CALENDAR DAYS WITH AN AGREEMENT TO UTILIZE ONE OF THE SUGGESTED ARBITRATORS OR THREE ALTERNATIVE SUGGESTED ARBITRATORS.  THEREAFTER, THE COMPLAINING PARTY WILL HAVE FIVE (5) CALENDAR DAYS TO AGREE TO ONE OF THE RESPONDING PARTY’S SUGGESTED ARBITRATORS.  IF THE PARTIES CANNOT AGREE UPON AN ARBITRATOR, THE RESPONDING PARTY WILL SELECT ONE OF THE COMPLAINING PARTY’S ARBITRATORS TO APPOINT AN ALTERNATIVE ARBITRATOR. THE PARTIES AGREE THAT NEITHER PARTY MAY INITIATE ANY MEDIATION OR ARBITRATION FOR ANY CLAIMS UNLESS AND UNTIL IT HAS FIRST GIVEN THE OTHER SPECIFIC WRITTEN NOTICE OF EACH CLAIM AND A REASONABLE OPPORTUNITY TO CURE ANY DEFAULT OR DEFECT AFTER SUCH NOTICE. However, nothing in this Agreement will prevent either party from applying to and obtaining from any Arizona court in Maricopa County, Arizona a writ of attachment, temporary injunction, preliminary injunction, permanent injunction, or other relief available to safeguard and protect either party’s interest prior to, during or following the filing of any arbitration or other proceeding or pending the rendition of a decision or award in connection with any arbitration or other proceeding.


Signature
Please electronically sign this agreement after it has been read. By signing below, the renter agrees to all terms and conditions of this rental agreement.

  I have read the Manor Retreats rental agreement and agree to the terms, and hereby authorize my 
  card to be charged for the total stated in this agreement above.
Renters Printed Name: {reservations.first_name} {reservations.last_name}
Renters Signature:
Date Signed and Accepted by {reservations.first_name} {reservations.last_name}: 08/13/2022
Manor Retreats
406 S Price Rd Suite #2
Tempe AZ 85281
480.848.1633
booking@manorretreats.com