***RENTAL AGREEMENT*** SHORT TERM RENTAL AGREEMENT
THIS SHORT TERM RENTAL AGREEMENT (this "Agreement") is made and entered into by and between the Owner(s) of the property (collectively "Owner"), and the person otherwise set forth through the On-line Booking Service (collectively, "Guest"). RECITALS A. Owner is the owner of certain real property and improvements thereon located in Nashville, Tennessee, and commonly referred to as “The Nest At Music Row” (the "Property"). B. Owner and Guest desire by this Agreement to provide for Guest's right to use and occupy the Property as provided for herein. NOW, THEREFORE, in consideration of the mutual covenants, terms, and conditions set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: AGREEMENT 1. Guest's Right to Use and Occupy the Property. Owner hereby grants to Guest, and Guest hereby accepts, a license to use and occupy the Property for the Term, subject to the terms and conditions of this Agreement and the Property Rules and Regulations listed in Exhibit "A" attached hereto and incorporated herein by this reference. Guest hereby acknowledges that Guest is a licensee, not a tenant, of the Property and Guest does not have any rights with respect to the Property other than the rights expressly set forth in this Agreement. 2. Term. The "Term" for the Property will commence at Check-In and, subject to sooner termination as hereinafter provided, will expire at Check-Out. In the event Guest booked the Property through AirBnB, VRBO or another on-line booking service (each an "On-line Booking Service"): "Check-In": No earlier than 4:00 PM Eastern on the date set forth in the on-line booking. "Check-Out": No later than 10:00 AM Eastern on the date set forth in the on-line booking. Guest hereby acknowledges that Owner may terminate this Agreement in the event Guest breaches this Agreement as provided for herein. 3. Deposit. On or before the Effective Date, Guest will deposit with Owner the sum of $250.00 as security for Guest's full and faithful performance of all terms, covenants and conditions contained in this Agreement (the "Deposit"). If Guest fails to keep and perform any of the terms, covenants or conditions of this Agreement, then Owner, at its option, may appropriate and apply all or any portion of the Deposit as may be necessary to compensate Owner for all loss or damage sustained or suffered by Owner due to such breach on the part of Guest. If there are any damages during Guest's stay, Owner will provide Guest an itemized statement of damages. If such damages exceed $250.00, Owner will retain the entire Deposit and will charge Guest for the additional damages. Guest will pay to Owner the sum of such additional charges within five (5) days of receipt of a notice from Owner itemizing such damages. 4. Payment. In the event Guest booked the Property through an On-line Booking Service, the payment shall be as set forth in the on-line booking. 5. Cancellations; No Shows. In the event Guest booked the Property through an On-line Booking Service, cancellations or no shows shall be handled in accordance with the rules and regulations of such On-line Booking Service. In the event such On-line Booking Service does not have a cancellation and/or no show policy or in the event Guest booked the Property outside of an On-line Booking Service, Owner shall not refund the Deposit or any other payment by Guest. 6. Use; Compliance with Laws, Rules and Regulations. Guest and all individuals accompanying Guest at the Property shall promptly comply with (a) all present and future applicable laws and regulations of all state, federal, municipal and local governments and (b) the Property Rules and Regulations listed in Exhibit "A". By booking through an On-line Booking Service, Guest acknowledges that Guest is at least 25 years old and is responsible for any and all damages that occur to the Property or its contents by Guest or any other member of Guest's group while Guest is the registered occupant of the Property. Guest accepts full responsibility for damages, fees or extra cleaning charges should they be found during Guest’s stay or after Guest's departure. 7. Occupancy. The Property is to be occupied by no more than 5 persons at any time. House parties are not allowed. If more than 5 guests are found, Owner has the right to charge an additional $100 per guest per day in addition to the $250 fine for violating the provisions of this Section 7. Guest must be 25 years or older. Any reservation obtained under false pretense will be subject to forfeiture of the Deposit and/or rental money and Guest will not be permitted to check-in. 8. Default; Remedies. If Guest defaults in the performance of any of its obligations herein, Owner shall have the right to terminate this Agreement and Guest shall immediately vacate the Property. 9. Limitation of Liability; Release. Owner, its managers, members, agents (including managing agent), employees, independent contractors, attorneys, and their respective successors and/or assigns (each an "Owner Party") are not responsible for any accidents, injuries, death, or illnesses that occur during or in relation to Guest's stay at the Property, including after departure. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL OWNER OR THE OWNER PARTIES BE LIABLE TO GUEST FOR ANY INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES WHATSOEVER, INCLUDING LOSS OF GOODWILL OR LOSS OF PROFITS. OWNER AND THE OWNER PARTIES’ TOTAL LIABILITY TO GUEST UNDER THIS AGREEMENT AND IN CONNECTION WITH GUEST'S STAY AT THE PROPERTY SHALL BE CAPPED AT THE TOTAL PAYMENT PAID BY GUEST TO OWNER FOR GUEST'S STAY AT THE PROPERTY. Guest hereby releases, discharges and covenants not to sue (and relinquishes its right to sue) Owner and the Owner Parties from and with respect to any and all liability, claims, demands, actions, suits, rights and/or causes of action of whatever kind or nature, now or hereafter existing, whether known or unknown, present or future, foreseen or unforeseen, whether caused by the negligence of Owner and the Owner Parties or otherwise, that may arise during or in relation to Guest's stay, including, without limitation, any damage to property, bodily and/or personal injury, loss, death, or illness, including as a result of COVID-19. Guest hereby waives any protections afforded by any statute or law in any jurisdiction whose purpose, substance, and/or effect is to provide that a general release shall not extend to claims, material or otherwise, which person giving the release does not know or suspect to exist at the time of executing the release. 10. Indemnification. Guest hereby agrees to indemnify and to hold Owner and the Owner Parties harmless from and against any loss, damage, liability or expense, including, but not limited to reasonable attorneys’ fees, resulting from any injury, loss, death, or illness of any persons, or any loss of or damage to any property, caused by or resulting from any act or omission attributable to Guest and any individual who enters the Property during Guest's stay at the Property. 11. COVID-19 Provisions. By executing this Agreement, Guest hereby agrees as follows: (a) Guest and all individuals accompanying Guest at the Property hereby acknowledge that, to the best of each individual's knowledge, such individual has not had a COVID-19 diagnosis or experienced COVID-19 symptoms in the last fourteen (14) days. Each such individual is not aware of being exposed to any individual in the last fourteen (14) days who has received a COVID-19 diagnosis, has been suspected of having COVID-19, or has experienced COVID-19 symptoms. (b) If at any time after the Effective Date, Guest or any individual accompanying Guest at the Property contracts COVID-19, experiences COVID-19 symptoms, or becomes aware that such individual has been exposed to any individual in the prior fourteen (14) days who has received a COVID-19 diagnosis, such individual shall immediately notify Owner and Owner shall be permitted to terminate this Agreement, in Owner’s sole discretion, without any refund to Guest. (c) Guest understands the potential risk for COVID-19 and accepts sole and full responsibility for such COVID-19 risks, both known and unknown, inherent and otherwise, that cannot be eliminated and which can cause injury, illness, or death to Guest, individuals accompanying Guest at the Property, and family members and other third parties of Guest of individuals accompanying Guest. Guest and all individuals accompanying Guest at the Property hereby acknowledge that they knowingly and freely assume all risk and responsibility for any and all damage to property, bodily and/or personal injury, loss, death, or illness, as a result of COVID-19, in connection with their stay at the Property. 12. Miscellaneous Provisions. (a) Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. (b) Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Tennessee. (c) Section Headings. The section titles herein are for convenience only and do not define, limit, or construe the contents of such sections. (d) Attachment and Exhibits. All attachments and exhibits to this Agreement are hereby made a part hereof as if fully set out herein. (e) Severability. If any provision or provisions in this Agreement is/are found to be in violation of any law or otherwise unenforceable, all other provisions remain unaffected in full force and effect. (f) Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns and shall not be modified except by an express written agreement signed by a duly authorized representative of both parties. (g) Entire Agreement. This Agreement supersedes all other prior understandings, commitments, representations, negotiations, discussions, and agreements, whether oral or written, express or implied, between the parties hereto relating to the matters contemplated hereby and constitutes the entire agreement between the parties hereto relating to the subject matter hereof. In the event of a conflict between this Agreement and the terms and conditions of an On-Line Booking Service, the terms and conditions of this Agreement shall control. In the event Guest books the Property through an On-line Booking Service, such booking constitutes Owner and Guest’s consent to enter into this Short Term Rental Agreement effective as of the Effective Date. ____________________________ EXHIBIT "A" PROPERTY RULES AND REGULATIONS GENERAL CHECK-IN/CHECK-OUT ISSUES Check-In is no earlier than 4:00 PM Central and the Property must be vacated no later than 11:00 AM Central on the ending date of the reservation. Housekeeping must be able to enter by 11:00 AM Central. Housekeeping has a 5 hour cleaning period to get the Property ready for the next guest (the staff often has more than one property to clean during this period). Due to this tight frame for cleaning, Guest will not arrive early for Check-In or leave after Check-Out time. Guest's entry code(s) will only be active between 4:00 PM Central of the date of Check-In and 11:00 AM Central the date of Check-Out. For each 30 minutes Guest is late leaving, Owner will charge Guest $100. PROPERTY SET UP The Property should be clean and set up with linens and supplies upon Guest's arrival. If the Property has not been cleaned upon Guest's arrival or if there are any cleaning issues, Guest will notify Owner immediately. Owner will endeavor to correct any problems, but Owner must be made aware of the problem when Guest arrives. Any damage noticed upon arrival should also be reported to Owner. If damage is not reported, Guest may be charged for the cost of the repair. In order for Guest to not be charged, the following must occur: 1. No damage is done to the Property or contents (including linens/towels); 2. No items are missing or damaged upon inventory check; 3. Dishes are put in the dishwasher and the dishwasher is started; 4. The Property is not left excessively dirty and all trash is put in the outside garbage can; 5. No evidence of smoking inside OR outside of the property; 6. No evidence of pets on the Property; 7. Adherence to Check-In/Check-Out policies. Again, if Guest notices any of the above upon arrival please notify Owner immediately. If something happens during Guest's stay, please also notify Owner as soon as possible so Owner is aware and can handle the situation appropriately. Please do not try to hide any damages. If Guest waits to tell Owner, Owner may not have enough time to fix the problem prior to the next guest's arrival. It is best to notify Owner of an incident as soon as it happens. CHECK-OUT PROCEDURE Check-Out time is 10 AM Eastern. Guest's entry code(s) will be deactivated at that time. Guest is to leave the Property neat and orderly to avoid additional charges. If housekeeping finds the Property has been left excessively dirty or has to spend extra time getting the Property ready for the next guests, Guest may be billed for the additional cleaning at a rate of $50 per hour. Please leave the bed unmade with sheets and pillowcases left on. Used towels/washcloths/dish towels from bathrooms should be placed in the showers and tub. Put any dirty dishes in dishwasher and start dishwasher. Close and lock all windows. Make sure the door is locked before leaving the Property. AMENITIES Owner will not guarantee, but will try to provide, the following items: coffee pods for the Keurig (regular and decaf), coffee filters (if Guest prefers to use the coffee pot or if the Keurig is not working), creamer, sugar, aluminum foil, plastic wrap, ziploc bags, shampoo, conditioner, body wash, hand soap, detergent for the washing machine, dryer sheets, and detergent for the dishwasher. These items are re-stocked after each stay as needed and are for Guest's use during Guest's stay. Depending on the length of Guest's stay, Guest may need to replenish these start up supplies. Guest is free to use the amenities during Guest's stay, but Guest is to leave what is left for the next guests. ELECTRIC FIREPLACE The property has one electric fireplace. Please read all instructions in property house manual for operating fireplace. Guest agrees to not use heat function when the air conditioner is in use. No refund will be given in the event fireplace is not working properly or are not in use. SEVERE WEATHER Owner does not refund rents or deposits due to cancelled or shortened stays because of weather, including snow/ice. Departures, cancelled stays or late arrivals due to inclement weather do not warrant refund of stay or deposit. Owner highly recommends that Guest obtains travel insurance for the trip. Guest is responsible for obtaining any such coverage. Travel insurance can be purchased through many online sources and some credit cards even cover it. SMOKING POLICY The Property is a non-smoking/vaping and drug-free property, inside and out. There are no exceptions. If housekeeping/groundskeeper finds cigarette butts, $1.00 per butt will be charged. Evidence of smoking in or on the property will also result in a $250 fine. This policy is strictly enforced. PET/ANIMAL POLICY Absolutely no pets/animals are permitted on the Property. No exceptions. If any evidence of pet(s) is found inside the property or on the Property, Guest will be asked to vacate immediately with no refund and Guest will be charged $250 for violating the Agreement. This policy is strictly enforced. FIRES/FIREWORK Absolutely no fires on the Property. This policy includes candles, incense and fireworks. There are no exceptions. Evidence of candles, firepits, fireworks, etc. will result in a $250 fine. This policy is strictly enforced. CLEANING FEE Initial linen setup and cleaning service at the time of departure are included in the rental fee. There is no daily maid service. An initial set up of trash liners is provided. Additional paper items beyond the initial supply will be the responsibility of Guest. LEFT/LOST ITEMS Owner is not responsible for any of Guest's items that are left behind, lost or stolen. REFUNDS/MAINTENANCE Owner will use commercially reasonable efforts to keep all equipment in good working order. However, it is impossible to guarantee that all appliances, TVs, fireplace, internet service, etc. will be in working order 100% of the time. Owner will use commercially reasonable efforts to correct all problems as soon as possible during normal business hours. Guest shall report all maintenance problems immediately to the local contact provided. Owner must be made aware there is a problem in order to rectify it. Please limit these calls to normal business hours unless it is an emergency. Owner reserves the right to perform exterior and/or interior maintenance at any time. If a service call is necessary, Owner will use commercially reasonable efforts to avoid any inconvenience to Guest. Owner does not offer any discounts, refunds, or credits for malfunctions to any equipment or machines on the Property. INTERNET ACCESS Owner will not refund a stay or Deposit due to internet outages or slow service. ***DO NOT UNPLUG THE INTERNET ROUTER*** Due to some of the "smart home" features located in and out of the property, Guest agrees not to unplug the internet router. Internet access is for legal usage only. Guest accepts full and sole responsibility for enforcing legal internet activity for duration of the Agreement and will indemnify Owner for any damages suffered by Owner as provided in Section 10 of the Agreement. Using internet service to engage in any form of copyright infringement is expressly prohibited by Owner's internet carrier's "Acceptable Use" policy and Owner can be fined for illegal downloads. If there are illegal downloads or copyright infringements during Guest's stay, Owner's internet carrier will notify Owner with the exact dates and times of the illegal activity. Copyright infringements or violations of any other internet carrier's policy may result in charges per violation when reported by Owner's service provider. Owner reserves the right to seek additional damages in case of a lawsuit or any other financial penalty against the Guest caused by these violations. CAMERAS There are security cameras on the property. There are no cameras in the condo unit. Any attempt at disabling or obscuring a security camera is prohibited. Upon such event, Owner reserves the right to terminate the Agreement and remove Guest from the Property without a refund and a fine of $250. WATER AND SEWAGE/SEPTIC Only toilet paper is to be flushed down the toilets, otherwise the system could get clogged. Do not flush feminine products, paper towels, wet wipes, makeup wipes, food etc. If it is found that any of these items have been flushed and the system is clogged, Guest will be charged for all resulting damages, with a minimum charge of $1,000. FURNITURE/FURNISHINGS/DECOR Indoor furniture is not to be rearranged. Dragging chairs/tables/couch on floors will leave scratches on the flooring. If evidence of moving furniture is noticed by Owner, Guest may be charged a fee of up to $250 for damages. Removing any items from the property including furniture, décor, and kitchen and bath furnishings is not permitted. TOWELS/LINENS Guests must be respectful of bed sheets and towels. Makeup/foundation, face medications/creams and tanning products will stain and/or bleach linens/towels. Please avoid using regular hand/bath towels with all skin products. Please use the Owner-provided dark washcloths. Guests are not to wash laundry belonging to the home in order to hide stains. Housekeeping will wash all the laundry. Un-salvageable linens/bath towels will be charged to Guest. NOISE/QUIET HOURS Quiet hours are from 9:00 PM Central to 8:00 AM Central. Guest should not create excessive noise of any kind, especially at a level that disturbs neighbors. This rule is strictly enforced. Any disturbance triggering a visit by the police will require Guest to forfeit the remainder of their stay and immediately vacate the Property without any refund. ALCOHOL/ILLEGAL DRUG USE As a reminder, Section 6 of the Agreement requires Guest and all individuals accompanying Guest at the Property to comply with all present and future applicable laws and regulations of all state, federal, municipal and local governments. This requirement includes, but in no way is limited to, compliance with laws and regulations regarding underage drinking and illegal use of drugs. For purposes of clarity and not limitation, in the event Guest or any individual accompanying Guest at the Property fails to comply with such laws and regulations, (i) such non-compliance shall constitute a default or breach of the Agreement, for which Owner shall have the right to terminate the Agreement and require Guest to immediately vacate the Property; and (ii) any accidents, injuries, death, illnesses, loss, damage, liability or expense, that occur in relation to such non-compliance, shall be subject to Section 9 and 10 of the Agreement.