TERMS AND CONDITIONS
Cancellations. (a) If the premises become unavailable to the Occupant prior to occupancy, and Manager cancels for any reason, Manager agrees to refund the full amount paid to the date of cancellation, and Occupant agrees to release any claims against the Manager. (b) If Occupant cancels for any reason, and pursuant to the cancellation policy agreed to at the time of booking, Occupant is entitled only to the amount allowed pursuant to the cancellation policy. (c) Guests will receive a 100% refund if canceled up to 14 days prior to check in. Any day after that, no refund is given under any circumstance.
Parking. Parking is allowed on the grounds of the property in the paved parking lot marked stalls. Parking is not assigned or guaranteed to be near assigned building or unit. Parking on grass or in unauthorized areas is prohibited. Occupant is responsible for any fines occurred or repair of damages.
Access to Units. Access to unit(s) is provided by smart key. Occupant will be required to use their smart phone and have access to an app store. Instructions on how to download the smart key will be provided to the Occupant that acquires the booking within days of the check in day. The number of smart key allowance will equal the number of bedrooms and Occupant is responsible for sharing instructions with other guests. Failure to comply with instructions could result in delay in accessing the unit or denial of additional keys.
Possession. Occupant shall be entitled to possession on the first day of the check-in at 3:00 PM Central and shall vacate no later than 11:00AM Central on the check-out day. At the expiration of the term, Occupant shall remove its goods and effects and peacefully yield up the Premises to Manager in as good a condition as when delivered to Occupant. Any personal items or possessions that are left on the Premises are not the responsibility of the Manager. The Manager shall make every reasonable effort to return the item to the Occupant at the cost of the Occupant. If claims are not made within one (1) week from the last date of rental period, the Manager shall be able to keep/dispose of such item(s). If Occupant remains in the Premises past 11:00 AM of the day after their Occupancy end date, Manager shall charge Occupant 200% of the nightly rate charged during Occupant’s occupancy dates.
Illegal Activity. The Occupant shall use the Premises for legal purposes only. Any other such use that includes but is not limited to illicit drug use, verbal or physical abuse of any person or illegal sexual behavior shall cause immediate termination of this Agreement with no refund and may be subject to additional charges.
Furnishings. The furnishings in the Premises have been inventoried by the Manager. Occupant shall return all such items at the end of the Occupancy Period in a condition as good as existed at the beginning of the Agreement term. If Occupant occupies both Premises, items from each Premises shall be returned to their respective Premises.
Non-Disturbance Clause. The Occupant and their guests shall not disturb, annoy, endanger (fireworks, fire, etc.) or inconvenience neighbors nor use the premises for any unlawful purposes. Quiet hours begin at 10:00PM CST each night and continue until 8:00AM CST. Quiet hours consist of no music and keeping all audio at a minimum level out of respect. The Occupant is expected to behave in a civilized manner and shall be good neighbors with any residents in the immediate area. Creating a disturbance of the area by large gatherings or parties shall be grounds for immediate termination of this Agreement, and may be subject to additional charges.
Smoking. Smoking is strictly forbidden inside the Premises. Smoking is only allowed “outside”. Evidence of smoking inside the Property will result in immediate eviction and forfeiture of all amounts paid and will result in additional cleaning fee charges to Occupant as Excess Cleaning fee and will be charged against the credit card on file or Occupant’s security deposit at Manager’s election. If property damage occurs as a result of smoking, then Occupant will be charged for all damages to the real estate and personal property at the location.
Cleaning. The property will be inspected and cleaned after departure by the property management team. Occupant is required to leave the property in the same general condition that it was received in or better. Occupant will be provided a list of check out instructions to include cleaning requirements. If the unit is not left in a respectful condition and require additional and excessive cleaning beyond what is allocated, this will result in an excessive cleaning charge at market rate. If there is any damage to the property, this will also result in time and materials.
If the Premises qualifies for “excessive cleaning” or “deep clean” due to the amount of wear and tear, the Occupant will be liable for a market rate cleaning charge of $37/hour and shall be charged at the end of the Agreement Term and may be deducted from the Damage Deposit or billed to Occupant (“Excessive Cleaning”). Occupant shall pay for and will be charged for all damages to the real estate and personal property at the location.
Maintenance. The Occupant shall maintain the Premises in a good and clean condition and use the Premises only in a careful and lawful manner. The Occupant shall leave the Premises in clean condition at the expiration of the Occupancy Period.
Inspection. The Manager has the right to inspect the Premises with prior notice in accordance with the State of Wisconsin. Should the Occupant violate any of the terms of this Agreement, the rental period shall be terminated immediately in accordance with the State of Wisconsin. The Occupant waives all rights to process if they fail to vacate the premises upon termination of the rental period. The Occupant shall vacate the Premises at the expiration time and date of this agreement.
Hold Harmless. The Occupant and any of their guest(s) hereby indemnify and hold harmless the Manager and Owners (of the property) against any and all claims of personal injury or property damage or loss arising from the use of the Premises regardless of the nature of the accident, injury or loss. The Occupant expressly recognizes that any insurance for property damage or loss which the Manager (or Owner) may maintain on the property does not cover the personal property of Occupant and that Occupant should purchase their own insurance for their guests if such coverage is desired. In no event shall Manager or the Owners of the property be liable to any occupant for more than the rental fees paid under this Agreement
Assumption of Risk. You and anyone using the property during your stay accepts and assumes all risks involved in or related to the use of the property and surrounding property and any body of water (including but not limited to a lake or an ocean at or adjacent to the property), any water-related activities, features on the property, activities participated in during your stay on or off the property, amenities provided at the property, or third-party transportation vendors, as applicable, whether or not disclosed in the listing. You understand that travelling and staying in a vacation rental property may increase the likelihood of contracting an infectious disease, such as COVID-19, and you voluntarily assume that risk. You further accept and assume all risks involved in or related to any recreational equipment of any kind, including but not limited to beach equipment, bicycles, docks, boats, kayak, paddleboards or other floating devices, game or sports equipment, as applicable. You are responsible for determining your fitness for participating in any features or activities during your stay and your ability to fully understand and comply with any directions, warnings, laws, or regulations presented. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU KNOWINGLY, VOLUNTARILY AND FREELY ASSUME ALL RISKS, BOTH KNOWN AND UNKNOWN, OF THE ABOVE-DESCRIBED ACTIVITIES, AND YOU ASSUME FULL RESPONSIBILITY FOR PARTICIPATION IN ANY SUCH ACTIVITIES.
Casualty or Destruction. (a) Should the Property be destroyed or rendered uninhabitable by an Act of God (including, but not limited to, storms, floods, fires), or by environmental disaster prior to occupancy by Occupant, this agreement shall become null and void, and all payment made hereunder shall be refunded to Occupant. (b) Should the Property be destroyed or rendered uninhabitable as above during occupancy, reimbursement on a pro-rated basis will be negotiated between Occupant and Manager based on the following: No refund is due (or will be made) for inclement weather.
Notice. Notices under this Agreement shall not be deemed valid unless given or served in writing and forwarded by email (preference) or phone text or voicemail addressed to the party set forth herein. Such email or text addresses may be changed from time to time by either party by providing noticed as set forth below. Notices emailed (preferred), or phone texts in accordance with these provisions shall be deemed received on the third day after posting.
Governing Law. This Agreement was written by attorney Jeffrey J Bartzen of Neider & Boucher, S.C. and shall be construed in accordance with the laws of the State of Wisconsin.
Entire Agreement / Amendment. This Agreement contains the entire agreement of the parties and there are no other promises, conditions, understanding or other agreements, whether oral or written, relating to the subject matter of this Agreement. This Agreement may be modified or amended in writing, if the writing is signed by the party obligated under the agreement.
Severability. If any portion of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
Waiver. The failure to either party to enforce any provisions of this Agreement shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.
Binding Effect. The provisions of this Agreement shall be binding upon and inure to the benefit of both parties and their respective legal representatives, successors and assigned.
Dispute Resolution. The parties shall resolve any dispute arising out of or relating to this Agreement through binding arbitration in Sheboygan, Wisconsin. A single arbitrator shall be chosen from a panel maintained by the Dane County Bar association, and if the parties cannot decide, the arbitrator shall be chosen by Neider & Boucher, S.C. The arbitrator shall establish the time line and process for resolving any dispute. The arbitrator shall have wide discretion in granting remedies and requiring discovery, including subpoenas and depositions if requested by either party. The arbitrator can grant attorney fees to the prevailing party (on any issue). The arbitrator fees shall be split equally by the parties.
Cause for Eviction. The Occupant and all parties with the Occupant will be subject to immediate eviction from the Property within one hour of eviction notice if the Occupant or parties of the Occupant violate any term(s) of this Agreement, including but not limited to, violation of the occupancy limits, pet provision, smoking, noise ordinance, parking, damage, or other. In the event of eviction from the Property, the Occupant shall forfeit all amounts paid and there will be no refund of money.
Attorney’s Fees and Costs. If Manager employs the services of an attorney to enforce any condition(s) to enforce this Agreement, to collect any amounts due, the eviction of the Occupant, or because Occupant takes any action to recover deposits, etc. Occupant shall be liable to Manager for reasonable attorney’s fees and costs incurred by Manager.
Person of Contact. The Manager can be contacted via email at email@example.com.