Property

Upon booking, this Short Term Rental Agreement (the "Agreement") is made by and between Misfit Homes ("The Host") and The Guest ("Guest") as of the date last set forth on the signature page of this Agreement. For good and valuable consideration, the sufficiency of which is acknowledged, the parties hereby agree as follows:

By confirming your reservation and providing payment, you acknowledge that you have read, understood, and agree to abide by all the terms and conditions outlined in this Short Term Rental Agreement. This Agreement automatically applies to every guest who books a stay with Misfit Homes.

1. Rental Unit. The rental unit location will be shared with the Check-in Instructions (the "Rental Unit").




2. Ownership. The Rental Unit is privately owned by an independent third-party (the "Owner") for which The Host is acting as agent.




3. Rental Party. The rental party shall consist of Guest and the following persons: (the "Rental Party"). Members of the Rental Party are the sole responsibility of the Guest.




4. Maximum Occupancy. The maximum number of guests in the Rental Unit is limited to the occupancy stated on the listing page.




5. Visitors. Only members of the Rental Party are permitted to stay in the Rental Unit. Anyone else the Guest allows in the Rental Unit (a "Visitor") is the sole responsibility of the Guest and is strictly forbidden unless approved by The Host. Without prior approval, the Guest will be subject to additional charges for any Visitor staying overnight.




6. Term of the Agreement. The rental period begins at the set Check-in time ("Check-in Time") on the Check-in Date (the "Check-in Date") and ends at the set Check-out time ("Checkout Time") on the Check-out Date (the "Checkout Date") (collectively, the "Rental Period").




7. Late Checkout Fee. Unless permission is specifically granted by The Host, Guests who fail to checkout by the Checkout Time will be charged at a rate of $100 per hour beyond the Checkout Time.




8. Minimum Stay. This Rental Unit requires a 2 night minimum stay. Longer minimum stays may be required during holiday periods or if otherwise specified by The Host.




9. Rental Rules. At all times throughout the Rental Period, the Guest shall cause the Rental Party and any Visitors to abide by the rental rules attached as Exhibit A ("the Rental Rules").




10. Access. Guest shall allow The Host access to the Rental Unit for purposes of repair and inspection. The Host shall exercise this right of access in a reasonable manner.




11. Entry. The front door is equipped with keyless entry smart lock. The entry code will be sent to your group leader the day prior to your arrival if not sooner. No keys needed! If the code is not working please contact The Host via the original booking message. A backup code may then be provided.




12. Bedding & Sheets. Missing, soiled or severely damaged bedding will be subject to replacement charges.




13. Plumbing. If a plumber must be called due to clogged drains or toilets, there is a minimum fee of $80 for the service call.




14. Refrigerator. Upon departure refrigerator and freezer should be empty and wiped down. You are welcome to leave unopened beverages and partially used liquor to “pay it forward” to the next guest if you cannot or do not wish to take these items with you. You may also leave non-expired condiments. Everything else needs to be disposed of.




15. Garbage. Garbage receptacles are located in each bathroom as well as two bins next to kitchen sink. Prior to departure, all trash must be BAGGED and TIED (no loose trash) and placed in garage. Extra trash bags are located beneath kitchen sink.




16. Cleaning. A cleaning fee will be charged to the Guest upon booking as an original line item at the time of booking. Daily housekeeping services are not included in the rental rate. Throughout the rental period, Guest will be responsible for keeping the Rental Unit clean and in good condition. Guest acknowledges that on the Check-in Date, the Rental Unit is in good condition, except for any defect Guest may report to The Host by the end of day on Check-in Date. The Rental Unit should be left in the same condition as it was found by Guest on the Arrival Date. Guest promises to leave the Rental Unit tidy and in good repair.




17. Cleanliness and Pest Control. The Host makes no guarantees regarding the cleanliness of the Rental Unit or the presence of pests. If the Guest finds the Rental Unit unsatisfactory upon arrival, they must notify The Host immediately. The Host will make reasonable efforts to address the issues. Refunds or compensation due to cleanliness or pest issues are at the sole discretion of The Host and subject to a case-by-case review.




18. Decorations. NO GLITTER OR CONFETTI, NO TAPE IS ALLOWED ON THE WALLS, and DO NOT HANG DECORATIONS ON THE WALLS. Any decorations you put up must all be taken down and disposed of. We only permit blue painters tape for hung decorations as it does not leave a residue or strip paint. Any damage to the walls, paint or molding will result in additional fines.




19. Smoking. NO SMOKING inside the house or near any door or window that is open. THIS INCLUDES MARIJUANA. SMOKING INSIDE OF THE HOUSE OR GARAGE WILL RESULT IN A MINIMUM $500 FINE. THIS INCLUDES MARIJUANA.




20. Noise. We ask that you respect our neighborhood and neighbors by keeping your noise level down at all times, especially when outside of the Rental Unit or in the Common Areas. Quiet hours are from 10pm to 8am during the weekdays and 12am to 8am on the weekends and are strictly enforced. Socializing on the balcony or inside the house with the balcony door open after 10pm is prohibited.




21. Pets. All pets must be disclosed prior to Arrival date. Pending pet approval by The Host, an additional pet cleaning fee of $150 will be added to the reservation. For any undisclosed pets, The Host may evict Guest and the Rental Party from the Rental Unit and Guest will forfeit all rent and security deposit paid. There will be an additional penalty of $150 per undisclosed pet.




22. Damage Waiver. As part of our effort to help you relax and enjoy your stay, we have partnered with Safely.com to provide you with the below protection. The cost of this protection has been included in your rental rate and fees and covers you for accidental damages during your stay. The SafelyStay, Inc. Trust and Safety Fee includes up to $5,000 of accidental coverage for property and contents damage. Complete terms regarding the Trust and Safety coverage can be found at safely.com/misfithomes . The Trust and Safety Fee is refundable only if the reservation is canceled in writing at least twenty-four (24) hours prior to the arrival date. Coverage excludes stays over 29 nights.




23. Damage. Guest shall report any damage or issues with the Rental Unit to The Host upon arrival or occurrence. Guest shall be responsible for any intentional damage or loss, accidental damage or loss exceeding $5,000, or unreported damage to or loss from the Rental Unit which occurs during the Rental Period, howsoever caused.




24. Rental Rate and Fees. Payment in full of the posted fees shall be due upon booking.




25. Security Deposit. At the discretion of The Host, a security deposit may be required on the Check-In Date. Where applicable, such deposit is for security purposes and shall be refunded within 7 days of the Checkout Date provided no deductions are made due to: damage to the Rental Unit or contents thereof; debris or other mess requiring excessive cleaning; or any other cost incurred by The Host as a result of the Guest’s stay.




26. Cancellation Policy. Unless otherwise specified during booking, if Guest wishes to cancel his/her reservation, payment will be refunded as follows: For reservations made at least 30+ days prior to check-in there is a 24 hour free cancellation window where you can cancel for a full refund without penalty. Outside of the 24 hour window, guests must cancel at least 30 days prior to check-in to receive a 50% refund for all nights. Within 30 days of the check-in date all reservations are non-refundable.




27. Use of Common Areas. Unless permission is specifically granted by The Host, Use of the Rental Unit DOES NOT include the use of any fitness or recreational facilities, swimming pools, or other common areas associated with the Rental Unit whether indoors or outdoors (the "Common Areas"). Any and all references to the Rental Unit throughout this Agreement does not include the Common Areas unless otherwise specified by The Host.




28. Use And Maintenance Of The Rental Unit. The Guest agrees to use the Rental Unit only for the purpose for which it is rented herein and in accordance with this Agreement. The Guest further covenants and agrees to maintain the Rental Unit in a clean, orderly, safe, and sanitary condition, free of trash, junk, pet excrement, refuse, nuisances, or conditions that threaten or tend to threaten the health or safety of anyone, and in a manner or condition which is aesthetically pleasing. The Guest shall not permit any use of the Rental Unit which is inconsistent with or contrary to this Agreement, or which is contrary to applicable laws, rules, and/or regulations ("Applicable Laws"). No business may be conducted from the Rental Unit.




29. Furnishings. Furnishings are subject to change without notice. Furniture, bedding, kitchen equipment, utensils, and any other personal property supplied with the Rental Unit must not be removed from the Rental Unit. Loss of any items within the Rental Unit or damage to the Rental Unit or furnishings in excess of $5,000 will be charged to the Guest. The Rental Unit will be inspected by The Host, or one of The Hosts’s affiliates, employees, agents, representatives, after Guest’s departure.




30. Mechanical Failures. Although all electrical and mechanical equipment within the Rental Unit are inspected to be in good working order prior to each stay, The Host and the Owner cannot guarantee against mechanical failure of electrical service, stopped plumbing, water supply, heating, air conditioning, audio visual equipment, internet access, cable service, or appliances. Guest agrees to report any inoperative equipment or other maintenance problems to The Host immediately. The Host will make every reasonable effort to have repairs done quickly and efficiently. The Guest will allow The Host or a person permitted by The Host access to the Property for purposes of repair and inspection. The Host is not responsible for any inconvenience that may occur and no refunds or rent reductions will be made due to failure of such items.




31. Insurance. The Guest expressly recognizes that any insurance for property damage or loss which may be maintained on the Rental Unit does not cover the personal property of the Guest, and that the Guest is responsible for purchasing their own insurance for if such coverage is desired.




32. Indemnification and Assumption of Risk. The Guest expressly assumes the risk of harm to themselves, their property, the Rental Party, and any Visitors arising from their use of the Rental Unit and the Common Areas. Guest shall indemnify and hold harmless The Host, the Owner, and any of The Hosts’s affiliates, employees, agents, representatives, sub-contractors, successors, or assigns from and against any expenses, costs, suits, actions, liabilities or any loss or damage whatsoever arising from, related to, or in connection with the Guest’s use of the Rental Unit and/or Common Spaces, including, but not limited to, any claim for liability for personal injury or damage or loss of property which is made, incurred or sustained by the Guest, Rental Party, or any Visitors to the Rental Unit during the Rental Period.




33. Limitation of Liability. The Host is not responsible for any accidents, injuries or illness that occur to any member of the rental party or guest’s visitors while in the rental unit or on the rental unit. The Host is not responsible for loss of personal belongings or valuables belonging to any member of the rental party or any of guest’s visitors. Guest agrees to assume the risk of any harm arising from use of the rental unit. Under no circumstances and under no legal theory, tort, contract, strict liability, or otherwise, shall the Host be liable to guest or any other person for any damages of any nature whatsoever including arising out of or relating to this agreement or guest’s rental of the rental unit or use of the rental unit. In no event will the Host be liable for any damages in connection with this agreement, even if the Host shall have been informed of the possibility of such damage.




34. Violation of Agreement. If Guest or any member of the Rental Party violates any of the terms of this Agreement, including but not limited to maximum occupancy, visitors and rental rules and restrictions, The Host may evict Guest and the Rental Party from the Rental Unit and Guest will forfeit all rent and may be subject to additional charges as stated in the Agreement




35. Governing Law. This Agreement shall be governed by and interpreted in accordance with local laws of the listing's city.




36. Payment. Acceptable payment methods are through the original booking channel or directly with The Host. If you wish to use a credit card, additional information may be requested in a future stage.

Upon booking, I hereby give permission to charge my credit card for the amounts stated in the invoice. I agree that all rental monies are non-refundable per cancellation policy above. I have read my rights to purchase travel insurance.

THE PARTIES AGREE TO THE TERMS OF THIS SHORT TERM RENTAL AGREEMENT, AS EVIDENCED BY THE ACT OF BOOKING.

Exhibit A: RENTAL RULES

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Throughout the Rental Period, the Guest shall ensure that the Rental Party and any Visitors to the Rental Unit shall:

1. Maintain the Rental Unit at all times in a good and tidy condition.
2. NO GLITTER OR CONFETTI.
3. NO TAPE IS ALLOWED ON THE WALLS.
4. DO NOT HANG DECORATIONS ON THE WALLS.
5. Not smoke inside the Rental Unit and shall dispose of any cigarette butts outside of the Rental Unit in a safe manner.
6. Not cause or create a nuisance or otherwise interfere with the quiet enjoyment of other occupants of the building in which the Rental Unit is located.
7. Not bring pets or other animals into the Rental Unit without the express advanced consent of The Host.
8. Not move or rearrange any furniture or appliances inside of the Rental Unit.
9. Comply with all Applicable Laws.