SHORT-TERM RENTAL CONTRACT (v. 11.3)
This Short-Term Rental Contract (Contract) is made by and between MY NOLA EXPERIENCE (Agent) and _________ (Contracting Guest) as of the date last set forth on the signature page of this Contract. For good and valuable consideration, the sufficiency of which is acknowledged, the parties hereby agree as follows:
1. AGENT FOR OWNER: Agent is a California-based Property Management Company which rents private homes, condominium units, cottages, cabins, and the like (The Property) for and on behalf of its owner. Neither the owner of The Property nor the Agent is responsible nor liable for any loss to any Guest (including other guests, licensees, and invitees) or personal property, and including any accident, death, injury, or damage of any kind by any cause to any guest or occupant (including other guests, licensees, and invitees), whether resulting from acts of God, Nature, recreational activities, or any other event.
The properties managed by Agent are privately owned, and, as such, reflect the needs and tastes of the owners. The conditions of The Property, as well as the furnishings and amenities, may vary as per the owner’s desires; Agent assures that all properties are well maintained. All efforts have been made to ensure that the descriptions of The Property are true and correct; however, Agent cannot be responsible for changes made by the owner as to the furnishings or equipment in The Property. Property listings and descriptions are updated regularly. There shall be no refunds due to minor discrepancies with the website or other online listings.
2. RESPONSIBLE PARTY & FALSIFIED RESERVATIONS: Contracting Guest is an adult and shall be an occupant of The Property during the entire reserved Term: Contracting Guest shall be the first occupant to enter The Property and the last one to leave. All other arrangements must be approved for, in writing, by Agent and may require a newly signed Contract. Contracting Guest assumes responsibility for all actions of all occupants at all times, including actions of other guests, licensees and invitees. No keys or entry code shall be issued to anyone who is not an adult. Any reservation obtained by Contracting Guest under false pretense shall result in forfeiture of all monies paid to date; any reservation obtained by Contracting Guest under false pretense shall only receive a return of Security/Damage Deposit if one is held by Agent, minus any fees, costs or penalties due to said false reservation. Any reservation obtained by Contracting Guest under false pretense shall result in the immediate eviction of all occupants from The Property; anyoccupant already in possession of The Property shall be considered an illegal occupant and reported immediately to local police authorities for removal. Any reservation obtained by Contracting Guest under false pretense shall be cause for Agent to prevent anyone from entering or taking possession of The Property.
3. LICENSE TO OCCUPY: It is expressly understood and agreed upon that this is a short-term vacation-rental Contract and is not a lease or other long-term residential tenancy agreement. This Contract is only for the licensed use of The Property for the stated term of the Contracting Guest’s reservation; it creates no property or guest rights for any guest and no right to renewal, nor for recurring usage. Contracting Guest acknowledges that he/she has another primary residence and that this is a transient occupancy of The Property.
4. TERM OF THE LICENSE: The LICENSE begins at 4pm on the “Check-in Date” and ends at 12pm (noon) on the “Check-out Date,” unless otherwise stated in Contracting Guest’s Booking Confirmation, to be delivered upon the signing of this contract.
NOTE: Electronic door passcodes shall only function during the Term of the License, the dates and times of which are stated in Contracting Guest’s Booking Confirmation. (Due to same-day check-ins, we cannot accommodate early arrival or luggage drop-offs, late departures, or late luggage pick-ups, unless pre-arranged, -signed, and -paid for with Agent.)
5. THE PROPERTY: The Property is ______________________________________ home, and is located at*:
* THE PROPERTY ADDRESS AND ITS PARTICULARS ARE PROVIDED IN A SEPARATE BOOKING CONFIRMATION, WHICH GUEST ASSUMES IS PART AND PARCEL TO THIS SIGNED CONTRACT AND ANY PREVIOUSLY PAID INVOICE
The Property is completely furnished, including:
Central Heat/Air Bed Linens Dishwasher
Washer/Dryer Bath Linens Keyless Entry
HDTV w/DIRECTV Kitchen Appliances and Assorted Condiments and Supplies
High-speed Wi-Fi Internet 24-Hour Outdoor Video Security
6. THE PREMISES: This is a privately-owned historic home and property. To preserve The Property, the Contracting Guest understands and agrees that all guests are required to: REMOVE THEIR SHOES while inside The Property, and to CARRY, rather than DRAG, ROLL, or CLOMP any luggage, baggage or other heavy item across anyfloor, step or staircase, whether indoors or outdoors, up steps or down, at all times. Contracting Guest acknowledges that some members of his or her party may require assistance with heavy, over-sized luggage or baggage or other items, and Contracting Guest agrees to provide such assistance at all times to avoid damaging The Property’s flooring, steps, staircases, or any other aspect of The Property.
Due to the historic nature of The Property, absolutely no high-heels are permitted on the hardwood or laminate floors, anywhere, at any time. Contracting Guest agrees that no shoes shall be worn on carpets. Contracting Guest furtheragrees that no bicycles or other heavy equipment (including construction, photographic, or sound equipment) of any kind will be kept inside The Property. Please see Parties, Events & Filming in House Rules below.
Note: Damage claims and repairs to historic flooring, steps, and staircases are costly, and while in use, are at risk of Contracting Guest. Floors, steps, and staircases are inspected by Management on a regular basis.
Animals are not permitted on the property at any time. Any ANIMAL, CREATURE, OR PET INTENDED TO BE BROUGHT ONTO THE PROPERTY FOR ANY REASON—AT ANY TIME—SHALL REQUIRE A PREVIOUSLY SIGNED ANIMAL CONSENT FORM—as well as any additional fees—received by Agent prior to the signing of this Contract. Furthermore, Contracting Guest agrees that ANY KNOWN OR UNKNOWN INTENTION OF ANY GUEST TO BRING AN ANIMAL, CREATURE, OR PET ONTO THE PROPERTY shall be declared to Agent prior to booking and shall be made known to Agent no later than the signing of this Contract. Contracting Guest agrees that any animal brought onto The Property at any time, by any guest, without previous consent of Agent, shall be cause for immediate eviction as well as for all additional charges or fees toward the remediation of The Property to the state prior to Contracting Guest’s and party’s arrival.
Due to the historic nature of The Property, at NO time may any decorations, adornments or other party favors be installed or placed on The Property that require nails, screws, thumbtacks, tape, glue, paint, wax, or any other means of attachment that may cause damage to any walls, ceilings, floors, moldings, trim, windows, doors, siding, fixtures, or to any other aspect of the interior or exterior of The Property. Please see Parties, Events & Filming in House Rules below.
Due to the historic nature of The Property and city safety-codes, all historic balconies are deemed “off-limits” for short-term guest access. Historic railings are considerably shorter than safety-codes require for modern balconies, and, as such, are considered unsafe. Any balcony on The Property made available for short-term guest access shall be noted in The Property’s online listing.
Contracting Guest is responsible for reviewing—and at all times agrees to abide by—this Contract and the Rental/House Rules (hereby attached as Exhibit A) while in possession of The Property, and shall cause all members of the party (including other guests, licensees and invitees on The Property) to abide by this Contract and the Rental/House Rules at all times while in possession of The Property. Damage to The Property caused by the failure to adhere to the Rental/House Rules and this Contract shall result in deductions from the refundable security/damage deposit and/or billed directly to Contracting Guest and may be cause for immediate eviction.
7. RENTAL RATE, DEPOSIT AND FEES:
Refundable Security/Damage Deposit: Covers Agent against damage and/or loss.
Please refer to your Payment Invoice for Deposit amount. The Deposit is for Damage and/or Loss against deductions due to:
i. damage to or its furnishings while in possession and occupation;
ii. debris, garbage or other litter requiring excessive cleaning after departure. (A good rule of thumb is: If you bring it into the Unit, you must remove it when you depart.) Please refer to for trash disposal details at your reserved property;
iii. any other unanticipated costs incurred by owner or by due to stay.
** IF ANY GUEST NOTICES ANY DAMAGE, MALFUNCTION, IMPROPER CLEANING, OR ANY OTHER CONCERN UPON CHECK-IN OR DURING STAY, GUEST AGREES TO INFORM AGENT IMMEDIATELY. AGENT IS ON-CALL 24/7 FOR TEXT MESSAGES AND EMAIL. **
iv. Rental Rate: PLEASE REFER TO YOUR PAYMENT INVOICE
8. MAXIMUM OCCUPANCY & RENTAL PARTY: AT ALL TIMES, the maximum number of guests with access to The Property, including its Utilities, Facilities, and Amenities, is limited to _____________ persons, the full names and ages of which are listed below. City-Permit compliance requires that the entire Rental Party consist of no one other than the Contracting Guest and the following persons, whose name and age is listed below. Any change to the “Complete Guest List” must be made in writing to Agent prior to arrival date and may require a newly completed Contract as well as additional fees. Contracting Guest agrees that there shall be no “showing-up” with “different” or “extra” guests; additional fees shall apply. PLEASE NOTE: Use of any of The Property’s Utilities, Facilities, or Amenities by anyone not named in the “Complete Guest List” is not permitted, and any such use may be grounds for eviction and/or additional fees, charges billed to Contracting Guest. The Rule is: NO person who is NOT identified in the “Complete Guest List” is allowed onto the property at any time, for any reason, no exceptions.
COMPLETE GUEST LIST
NAME (first name, last name) AGE NAME (first name, last name) AGE
1. 2.
3. 4.
5. 6.
7. 8.
9. 10.
11. 12.
13. 14.
15. 16.
17. 18.
19. 20.
21. 22.
23. 24.
25. 26.
27. 28.
29. 30.
9. ASSIGNMENT AND SUBLETTING: Contracting Guest and party shall not assign this Contract nor sublet any portion of The Property without prior written consent of Agent.
10. ACCESS: Contracting Guest shall allow Agent (and assigns) access to The Property for purposes of repair and inspection. Agent shall exercise this right of access in a reasonable manner.
11. INJURY, LOSS, ACCIDENTS: All guests assume and agree that Agent is not responsible for any accidents, injuries, illnesses, or thefts that may occur while in possession of The Property, the premises, or any of its facilities. The Agent is not responsible for the loss of personal belongings, valuables, or other material items of any guest, at any time, for any reason. By accepting this reservation, it is agreed that all guests are expressly assuming risk of any and all harm arising from their use of The Property, the premises, or its facilities, as well as for others whom they invite onto The Property. All guests agree to indemnify and hold harmless both Agent and property owner from all liability, loss, or damage arising from any nuisance or harm made or suffered while in possession of The Property, whether from carelessness, neglect, improper conduct, or any other violation of this Contract and/or applicable local laws.
Agent accepts no liability for the failure of public services such as water, electricity, (including services such as Internet or HVAC) when those services are beyond our control.
Agent and property owner accept no liability for any guest’s personal safety, nor for the safety of those whom any guest invites onto The Property. It is particularly important that children be supervised at all times, in- and outside The Property. At all times, guests are reminded to exercise care as to their personal safety—and for the safety of their party and companions—while in possession of The Property.
Contracting Guest agrees that while in possession of The Property, all valuables should be left secure and out of sight; all windows and doors should be secured and locked while away from The Property.
Contracting Guest shall be solely responsible for any thefts, acts of vandalism, or other damage or loss of personal property which may occur during the course of this Contract, whether said damage or loss be the property of Guest(s)or any other person invited in by Guest(s), or of Agent or property owner. NOTE: Liability waivers/Hold Harmless provisions for recreational activities for select properties may be attached to and made a part of this Contract (see signature page of this Contract, if applicable).
12. SMOKING: Smoking is not allowed inside The Property. Failure to comply with this provision (see House Rule below) shall result in Agent having the option to immediately terminate this Contract, increase the Cleaning Fee and/or assess a service charge of $500.00 plus the costs of cleaning, repairs, and any remediation of The Property, which Contracting Guest agrees shall be deducted from the refundable security/damage deposit and/or billed directly to Contracting Guest.
13. CANCELLATION POLICY: We have a NO CANCELLATION Policy. Contracting Guest acknowledges and agrees that all monies paid shall NOT be returned if the reservation is cancelled for ANY reason. No refunds shall be given for storms or other natural disasters, whether locally or elsewhere. Agent accepts no responsibility or liability for any loss, damage, or alteration to the terms of Contracting Guest’s reservation caused by events beyond our control, including, but not restricted to, war, terrorist activity, civil commotion, flight delays or cancellations, airport closures, loss of luggage, adverse weather conditions, fire, flood, or industrial dispute.
14. DEFAULT: If the Contracting Guest shall fail to perform any provision and/or term of this Contract, Agent, at its option, may immediately terminate all rights of the Contracting Guest and the occupants. If the Contracting Guestabandons or vacates The Property having damaged The Property, in addition to all other legal remedies available, Agentmay consider any personal property left on The Property to be abandoned and shall dispose of the same in any manner allowed by law. Contracting Guest shall be liable for the actions of all occupants, visitors or other persons on The Property during the Term.
15. INSURANCE: It is strongly recommended that ALL Guests purchase TRIP CANCELLATION INSURANCE, as well as TRAVEL INSURANCE, which is available for a nominal fee directly through the VRBO/Home-Away or CSA websites, and other online travel insurance providers. This insurance can help cover guests’ costs in case of cancellation, and/or damage to The Property.
16. GENERAL HOLD HARMLESS AGREEMENT: In the event of injury or death to any guest, guest’s child, dependent, or any other person or minor staying at or visiting The Property during the Term of this Contract, Contracting Guest hereby releases, holds harmless and agrees to fully indemnify owner(s) and their agents, heirs and assigns from any and all lawsuits, damages, claims or other expenses, including accidental death.
In addition to this general release, Contracting Guest acknowledges that specific hold harmless provisions may be attached to this Contract. Contracting Guest agrees that the specific hold harmless provisions are incorporated into and included in this Contract.
17. PARTIAL INVALIDITY: In the event that any provision of this Contract shall be held by a court to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired.
18. RESOLVING DISPUTES; ATTORNEYS’ FEES: If the parties have any disputes or problems that they are not able to resolve between themselves, they agree that the dispute will be resolved through small claims court in the county where The Property is situated. In the event that any action is filed in relation to this Contract, the unsuccessful party in the action will pay, in addition to all sums that either party may be called upon to pay, a reasonable sum for the successful party’s attorney fees and court costs.
19. GOVERNING LAW: This Contract is to be construed under and governed by the laws of the State where The Property is located.
20. ENTIRE CONTRACT: This Contract, including the Hold Harmless Provisions and the House Rules following the signature page, sets forth all the promises, agreements, conditions, and understandings between the parties concerning The Property, and there are no agreements, conditions, or understandings, either oral or written, between them that are not set forth in this Contract. No alteration, amendment, change or addition to this Contract shall be binding upon either party unless reduced to writing and signed by each party.
21. VALIDITY OF FACSIMILE AND ELECTRONIC SIGNATURES: This Contract is intended to be signed by electronic signature. Pursuant to United States and international law, electronic signatures are valid and enforceable. (see Electronic Signatures in Global and National Commerce Act (ESIGN, Pub.L.106-229, 114 Stat. 464), enacted June 30, 2000, 15 U.S.C. chapter 96.) The e-signatures shall be held by DocuSign.com and stored permanently. This Contract may be executed and delivered by facsimile or other means to any other party, and the receiving party may rely on the receipt of such document so executed and delivered as if the original had been received.
22. EXAMINATION OF CONTRACT: The submission of this Contract for examination does not constitute a reservation of nor an option for The Property. This Contract shall become effective only upon execution by both parties and by delivering required fees to the Agent.
The parties agree to the terms of this Short-Term Rental Contract and Exhibit A-Rental/House Rules, as evidenced by the signatures set forth below.
Agent Contracting Guest:
MY NOLA EXPERIENCE X___________________________________
Name __________________, Manager Name (Print): _________________________
Date: Date:
Phone # (during stay): 504-275-8177 Phone # (during stay):
Email: _______________________________
IDENTIFICATION: (Required) For Credit Card Verification, Insurance purposes, and our records, please attach an unobscured color copy of your valid driver’s license or state ID.