Rental Agreement & More


FOR YOUR OWN PROTECTION :

  • Anytime you reside in nature you become susceptible to certain elements. Please be aware, the wildlife in this area is abundant and should be considered when planning your stay. Wild animals are great to view from a distance, but DO NOT try to approach them! Be sure to bring sunscreen and bug spray. This property is located in a very remote and secluded location of the forest and although strict measures have been taken to prevent them, insects, bugs, spiders, scorpions, raccoon,
    peccary (javelina),
    mountain lion, and bear, do exist and are to be expected in this type of environment. Remember, this is their home, we just get to visit !

THE EAGLES NEST HILLSIDE RETREAT VACATION RENTAL AGREEMENT

PLEASE READ YOUR VACATION RENTAL AGREEMENT CAREFULLY BEFORE YOU BOOK YOUR RESERVATION. ANY MONIES RECEIVED BY THE EAGLES NEST HILLSIDE RETREAT FOR OCCUPANCY OF THE PROPERTY INDICATE YOUR ACCEPTANCE OF THE TERMS OF OUR VACATION RENTAL AGREEMENT IN FULL. ALL POLICIES ARE STRICTLY ENFORCED. IT IS THE RESPONSIBILITY OF ALL GUESTS AND MEMBERS OF THEIR PARTY TO BE FAMILIAR WITH ALL ASPECTS OF THIS POLICY PERTAINING TO RENTAL.

Terms and Conditions
: By confirming its reservation and without further notice, the guest (the “Guest”) acknowledges and agrees that he/she has read, understands and agrees to the rental guidelines contained herein and agrees to rent The Eagles Nest Hillside Retreat hereby known as (the “Property”) in accordance with the following terms and conditions. The on-line reservation confirmation constitutes a contractual agreement between the Guest (and all family members and their guests), and the Owner of the Property, to rent the premises described in this Rental Agreement for the period of time and at the rental rates confirmed on the confirmation statement and upon all of the terms and conditions contained herein. Guest agrees to execute this Agreement where indicated at the time of booking. If Guest abstains from exercising the Terms of the Agreement, Guest must do so in writing, no less than 7 days prior to the scheduled date of arrival.
Guest Requirements : For legal and accounting purposes, the person placing the reservation must be the same as the credit/debit card holder. This person is considered to be the Guest. All other persons involved with the rental are considered to be the Guest's invitees, and all discussion regarding reservation, cancellation, and damage policies will be discussed with the Guest, not the Guest's invitees. The Guest understands that The Eagles Nest Hillside Retreat rents to responsible adults over the age of 25 ONLY.
General Information. All linens, pillows, blankets, bedspreads, comforters and one set of bath towels per guest, are provided to guests, and all beds will be made upon check-in. A starter supply of soap, shampoo & conditioner, toiletries, paper towels, dishwasher soap, and garbage bags are provided free to guests. It is important that all guests be accounted for during booking to adequately provide preparations for all confirmed guests. The premises will contain a fully equipped kitchen, television, and DVD player. Guest acknowledges that if the website listing has included use of amenities such as hot tubs, pools, spas, fireplaces, decks, washer, dryer and the like, that these may be potentially dangerous and involve potential risks if improperly or negligently used, particularly with regard to children and such use is at the Guest’s own risk. Guest also agrees that even if the property contains such items, use of these items are strictly prohibited unless specifically stated in the listing description or without prior written consent by The Eagles Nest Hillside Retreat or the designated agent.

Occupancy : All authorized Guests staying at the Property must be listed at the time of booking. The maximum number of occupants is limited to the number of confirmed guests. Only those Guests that have been duly accounted for during reservation booking and noted on the confirmation statement are permitted to reside overnight unless reservation has been modified at least 7 days prior to arrival date. At all times, the maximum occupancy shall be no greater than the amount noted in the Properties listing unless Guest has received written consent from The Eagles Nest Hillside Retreat designated agent. The rental is not intended for parties, events, weddings, ceremonies, receptions, reunions, nor excessive gatherings at any time. Absolutely no “excessive parties” will be permitted and guest and all invitees understand these types of activities and events are prohibited. Enforcement of quiet hours are from 10:00p.m. – 8:00a.m. Any fine imposed by a governing agency will be the sole responsibility of the Guest. Exceptions may be made on an individual and case by case basis - please contact The Eagles Nest Hillside Retreat for prior approval and any additional fee structure if this pertains to your intended stay. Guest understands and agrees that Property Owners, or a designated agent, may enter the premises being rented for any purpose to manage and/or maintain the Property or as governed by Law. If Property Owner, or a designated agent, has a reasonable belief that there is imminent danger to any person or property, Property Owners, or a designated agent may enter the Property without advance notice. The Property Owner reserves the right to perform a non-judicial lockout if Guest breaches any terms of this agreement or holds over, without refund of any rents or deposits.
Reservation & Cancellations Policy : By confirming the reservation with the on-line reservation system, Guest represents and warrants that he/she is a competent adult, over the age of 25. Any persons under the age of 18 must be accompanied by a parent or guardian, unless prior written approval has provided by The Eagles Nest Hillside Retreat, or its designated agent. Any reservation obtained under false pretense will be subject to forfeiture and all deposits will be retained by The Eagles Nest Hillside Retreat. On the day of booking, the total price of your stay will be charged. Reservations may be cancelled for a full refund, or modified, up to 30 days prior to the scheduled date of arrival. Reservations cancelled or modified between 7 - 30 days prior to arrival will receive a 50% refund of the total confirmation amount. Reservations cancelled or modified less than 7 days prior to arrival will become nonrefundable, even in case of a no show. All reservations requests made subsequent to 7 days prior to arrival, will be charged 100% of total booking confirmation at time of reservation and will not be subject to any refund. Damage deposits are fully refundable prior to the delivery of the pre-arrival instructions (48 hours prior to arrival) and will follow the cancellation guidelines set forth above. Should a cancellation be requested after the pre-arrival instructions have been delivered, the rental agreement shall remain in effect as if the guest had checked in as originally confirmed. No refunds shall be given if Guest wishes to vacate the premises prior to his/her scheduled check out date. All reservation changes must be acknowledged in writing. All other rental and rate terms will be followed as set forth in the listing agreement and may vary from site to site.
Advance Reservations : Reservations may be accepted up to 6 months in advance. Guest hereby understands and agrees that Advance Reservations may be subject to adverse conditions affecting the reservation. . In the event the Property is unavailable for occupancy due to Owner’s Failure (as hereinafter defined) a full refund of all funds collected from Guest, minus any third party website booking fees paid, will be granted and The Eagles Nest Hillside Retreat shall assist Guest in finding a Comparable Alternate Property. For purposes of this agreement an “Owner’s Failure” shall mean any failure by Owner to make a Property available for which a reservation has been confirmed for occupancy, provided however, that unavailability due to damage by fire or casualty, acts of God or nature, or other reasons beyond Owner’s reasonable control shall not be deemed an “Owner’s Failure”. This includes inclement weather and all other circumstances outside owners control and Guest acknowledges and agrees to this no-refund policy under such circumstances. The maximum term of property rental and all subsequent agreements pertaining to such rental shall be determined solely by The Eagles Nest Hillside Retreat. If the Property is no longer available after the Guest has received a confirmed reservation, The Eagles Nest Hillside Retreat will use reasonable efforts to find Guest a Comparable Alternate Property. For purposes of this agreement, a substitute Property shall be deemed to be a “Comparable Alternate Property” if (i) Guest agrees to accept such Property as a substitute with or without rent adjustment or (ii) the substitute Property’s proximity to the area is the same as the Property originally reserved (i.e. relative geographical location, similar amenities, etc.) and the substitute Property contains the similar number of bedrooms and bathrooms as the Property originally reserved. If no Comparable Alternate Property is available, The Eagles Nest Hillside Retreat may inform guest that the reservation is cancelled, in which case all deposits made to date shall be returned and no further liability to Guest shall exist. Guests are strongly encouraged to purchase vacation insurance.
Check-In/Check-Out. Standard check-in starts at 3pm year round, check-out time is 11am. Early check-in and late check-out options may be available should no other guests reservations be confirmed for the day of check-in or checkout. Written authorization by management for any early check-in or late check-out is required. It is extremely important that Guest hereby abide by these check-in and check-out conditions and agree that In the event other guests have confirmed reservations for either the day of check-in or the day of check-out, these options will not be provided and standard check-in and check-out times will apply. A starter supply of expendable supplies such as paper goods and soap is provided; please bring additional if you feel this will not be adequate.
Upon Arrival: Take a look around the property. If there are concerns or issues with your rental property, please immediately contact us immediately. No refunds or considerations are given unless were notified of problems within the first 12 hours of your stay. You won’t be held responsible pre-existing damage providing it is reported to us within the specified timeframe.

Emergencies/ Maintenance : Guest and The Eagles Nest Hillside Retreat understand that occasional maintenance and or urgent issues may arise. In the event of a problem getting in the home or if there are problems with condition or functionality of the home, please immediately contact management by text message for fastest assistance. Many issues can be remedied over the phone, however if a service call is required we will try to expedite and remediate the situation as quickly as possible. Please note: if dispatched service personnel determine upon arrival that the maintenance issue was Guest caused or due to operator error, a service call of $75 will be assessed to the Guest.
Right of Entry: Guest(s) agree that The Eagles Nest Hillside Retreat reserves the right to enter the rental property any time to investigate disturbances, check occupancy, check for damage, to make repairs, alterations or improvements as we may deem appropriate (in which case prior notification will be given).
Check-Out Procedures: The Guest understands that The Eagles Nest Hillside Retreat is somewhat "self-catering", meaning that upon check-out, the Guest agrees to leave the Property in the same general condition it was in upon check-in as well as agrees to:
• Strip beds of all linens and place in the provided laundry basket with towels and place in the bathtub;
• Load and run the dishwasher;
• Wipe down all spills and crumbs from the counters;
• Remove and pack out all trash (there is no city trash service available at this property);
• Remove all grocery items from the refrigerator;
• Shut off all electrical items for which you turned on including TV, stereo, thermostat, etc;and
• Lock all doors and windows.
In the event Guest has not arranged for a late check out and Guest or their invitees, have not properly checked out by the time cleaning service personnel arrive, Guest may be charged $35 for each hour beyond 11 am they are still on the property, with a minimum of one hour. If the premises has not been vacated by 4 pm, a fee equal to the rental rate of 2 ½ days may be assessed at the maximum current nightly rate.

Taxes & Tax Rate Changes : Guest understands that rental taxes and rental tax rates are dynamically controlled by Arizona Department of Revenue and not by The Eagles Nest Hillside Retreat. As per Arizona Law, Guest is responsible for all rental taxes at the time of occupancy. If any changes occur prior to the scheduled Check In date the rental tax rate will be adjusted to accurately reflect the Arizona Department of Revenue adjusted rate and either added to or subtracted from the amount due
Damage Policy: Every reservation requires a refundable damage deposit which is due at the time of booking. This Damage deposit covers unintentional damages to the rental unit and its contents that occur during your stay, provided they are disclosed to management within 24 hours of check out. Any damages that exceed the property specific damage deposit will be charged to the credit card on file. No portion of the damage deposit may be applied to additional rental time or fees or other charges accrued by the Guest/Invitees. The entire deposit will be refunded if (1) no damage was done to the property other than reasonable wear and tear, (2) no items were missing, (3) all doors and windows were closed and secured upon departure, (4) all check out procedures were followed, (5) all Rules and Rental Agreement policies were followed, (6) no miscellaneous charges were incurred (e.g., unpaid rental fees, excessive guests or pets, additional cleaning fees, or other charges). As a condition to the rental of all Vacation Properties, The Eagles Nest Hillside Retreat reserves the right to charge the Guest’s credit card for any and all uncovered Guest/Invitee caused losses and damages sustained to the Vacation Property throughout the duration of their period of occupancy. In the event of any uncovered Guest/Invitee-caused loss or damage to the Vacation Property, including, but not limited to, undue cleaning, eviction, service calls, service charges, fines/assessments, repairs or replacements, plus all applicable taxes, The Eagles Nest Hillside Retreat is hereby granted the right to charge the Guest's credit card or claim a claim with the booking channel the reservation was confirmed through for the duration of fourteen (14) days or up to the maximum time allowable by law after its termination of this Agreement. Furthermore, The Eagles Nest Hillside Retreat may charge the Guest or make deductions from the Damage Deposit for any or all of the following:
• Unclogging toilets, sinks and drains;
• Replacing damaged or missing doors, windows, screens, mirrors, light fixtures or any other privately owned property held by the Host prior to the time of Guest arrival;
• Repairing cuts, burns, or water damage to rugs, furniture, and other areas;
• Replacing any damaged, lost, stolen or missing items repairs and replacement required where doors or windows are left open which have caused plumbing to freeze, or rain or water damage to floors, walls or furniture;
• Replacement of locks and/or keys and any administrative fees associated with the replacement as a result of the Guest's misplacement;
• Any other repairs, excessive cleanings or cleaning due to any damage beyond normal wear and tear caused or permitted by the Guest or by any person whom the Guest is responsible for; G. and any other purpose allowed under this Agreement or the Act.

All properties are inspected and inventoried : Please report any damage to The Eagles Nest Hillside Retreat as soon as it is discovered to exist or to have occurred so we may remedy the problem as soon as reasonably possible and minimize the impact to your security deposit. Guest hereby acknowledges and agrees that he/she shall be solely responsible for damages due to misuse, negligence, missing items or other conditions as set forth in this Agreement. If all Terms of the Agreement are hereby fulfilled and no damages due to misuse, negligence, missing items or other conditions as set forth in this Agreement occur, the Damage Deposit shall be returned to Guest within 14 business days of the check-out date via the same method of payment for which the reservation was paid, unless Guest directs otherwise. In the event that any damage exists to the Property, items are missing, or excess cleaning (beyond that which is considered typical wear and tear) is required, the costs of the same may be deducted from the Security Deposit. In the event that such costs exceed the amount of the Security Deposit, Guest shall be solely responsible for all such costs and agree to pay such costs to the Property Owner, or its specified agent, upon receipt of written notice by The Eagles Nest Hillside Retreat of such damage and/or excessive cleaning expenses. Damages will be assessed at a fair and reasonable value based on the actual costs to repair and/or clean the Property, plus a 10% administrative fee.
Smoking . Smoking IS NOT permitted inside or anywhere on the Property at any time. Guest shall be held responsible for any abnormal or unusual smells resulting in smoking, cooking, candles, or the like and may be charged additional cost for smoke and/or smell remediation upon departure. Any and all occupants who do smoke will do so in a safe area outside and away from the Property. All cigarette butts must be properly extinguished and disposed of into appropriate waste receptacles. The Eagles Nest Hillside Retreat is located in rural and forest area. If upon check-out, The Eagles Nest Hillside Retreat cleaning personnel determines that smoking has occurred inside the Property, all rents, security deposits and cleaning fees shall be forfeited.

Medicines, Sharps and Other Dangerous Medical Related Items : If any guest requires medications such as insulin injections, or has any other medical necessity items such as prescription drugs, it is VERY IMPORTANT that guests maintain responsible control of the disposal of these items. Sharps should ALWAYS be disposed of in an appropriately labelled sharps container, and all medically necessary items and prescription bottles must be removed from the property upon departure. These items, under no circumstance, shall be disposed of in the trash. Doing so shall be grounds for immediate forfeiture of guest’s entire damage deposit and may result in potential legal action!
City, County, State and Federal Regulations including Fire & Water Precautions & Restrictions . Guest must comply with all local ordinances & laws, including any HOA Rules & Regulations and Covenants, Conditions & Restrictions. Guest also agrees to abide by all relevant fire and water restrictions at all times. Guest understands and agrees that fire pits and BBQ grills may be limited as per local fire restrictions at the discretion of either Hidden
Hideaways LLC, the property owner, or both. Any Guest or occupant failing to abide by all such rules and/or regulations will be subject to immediate eviction without refund of rents and/or deposits and may be subject to civil or criminal penalties.
Cleaning Fee(s) : A non-refundable cleaning fee is required with all reservations. This fee covers professional housekeepers who dust, vacuum, sanitize, clean linens and towels, remove refuse from the property and appropriately prepare the property for the next guest. Guest(s) are required to follow all check out procedures detailed in this agreement and leave the property in the same general and good habitable condition it was in when the Guest(s) arrived. Undue and/or unreasonable cleaning of the home shall be charged to the Guest's/Cardholder's credit card as an Additional Cleaning Charge at a rate of up to $45/hour, with a one hour minimum. This also applies to the property exterior, grounds, and BBQ (if so equipped).
Pets : A maximum of 2 dogs are allowed to occupy The Eagles Nest Hillside Retreat. Advance special permission must be obtained from The Eagles Nest Hillside Retreat for more than 2 pets, or for any type of pets other than dogs. A non-refundable pet rent for each pet will be added to the confirmation total (this amount may be processed separately from the confirmation amount provided on some website bookings). Guest agrees to take reasonable steps to control and care for their pet at all time. They further agree to prevent and report any signs of pet damage to management immediately. Notification shall constitute Guests permission for the Landlord to enter the unit to inspect. Guests agree that any, and all, pets accepted by The Eagles Nest Hillside Retreat will be prohibited from laying, sleeping, jumping, climbing or otherwise getting, on beds, linens, couches, chairs, and other non-hard surfaces. Guests are solely responsible for the actions of their pets and agree to release The Eagles Nest Hillside Retreat from any and all liability pertaining to these pets. Guests agree to abide by all city, county, state and federal laws, rules, regulations and local ordinances & laws, including any rules & regulations, covenants, conditions & restrictions regarding all pets bought on the rental premises. In the event any Guest brings any pets to the Property without being acknowledged by The Eagles Nest Hillside Retreat, Guest and all other occupants may be subject to immediately eviction with no refund of rent or deposits. Exceptions will be made for special needs and Seeing Eye dogs, as outlined by law. Guest agrees to keep the home in a clean and debris free condition and to remove all feces daily in a timely manner. Guest agrees to pay for any treatments to the home (including carpet cleaning, noticeable pet smells, tick or flea remediation) that are required as a result of their pet staying on the premises. Guest is fully liable for all behaviors of their pet and may be immediately removed from the premises as a result of any detrimental activity involving their pet. Guest agrees to contain the pet while the Landlord or its agents are on the premises for any work that needs to be completed on the premises, or for any other reason that permits the Landlord access to the premises pursuant to ARS 33-1343. Guest agrees to comply with all state, city, federal or other governmental entity rules, laws or regulations that govern animals including but not limited to pet registration, licensing, limitation on type or number of animals allowed in these premises. Guest agrees to keep all animals, other than dogs, in appropriate cages at all times. Any violation of this policy will result in a minimum fine of $250 per occurrence, plus actual damages for the breach and all other fees and fines outlined in this agreement. Guest agrees to indemnify and hold harmless the Owner and its agents from any claims, including attorney fees, which the Guest may incur as a result of the negligent or intentional acts of the Guest's pet or their guests’ pet. Guest may be liable for failing to comply with these terms. Owner and its agents shall not be liable to Guest or their guests or any third parties for any harm as a result of any pet issue other than for the intentional act of the Landlord. Landlord may impose or modify rules and regulations involving pets and those rules and regulations will become a part of this addendum and fully enforceable, including but not limited to the imposition of fines and the requirement for the Guest to provide and pay for DNA testing of the pet. WARNING : Providing false or misleading information about pets or any other violation of this addendum is a material violation and may result in legal action.

No Linens Or Furniture To Be Taken Outside . All linens and towels that are provided by Owner shall remain inside the Property at all times. Guest hereby agrees that it and its guests shall not take any bath towels, blankets or linens off the Property at any time. Outdoor furniture is provided, no indoor furniture shall be moved outside or taken off the Property under any circumstances and any outdoor chairs, umbrellas or other items designated for outdoor use shall remain on the property.
Criminal Activity : You agree to not allow any illegal activity to occur on the premises. The Eagles Nest Hillside Retreat has the authority to contact law enforcement and report any criminal activity either known or suspected.
Owner’s Closet . The Property contains a privately locked closet containing personal Property of the Owner. In no event shall Guest or other occupants unlock this closet or disturb Owner’s personal items contained therein.
Other : Any complaints of excessive noise or music, illegal activity, or evidence of violation of these policies occurs, you may be asked to vacate the premise without any refund of deposits. Failure to do so may be grounds for immediate removal of all occupants by legal measures. In addition any and all damage, disturbance, and cleaning charges, as well as additional unspecified charges may be assessed. No exceptions or refunds are given for changes in the number of guests. Property may not be subleased under any condition.
Power, Cable, Water and Other Utility Outages : Guest understands that utility service providers occasionally experiences utility outages that are beyond the control of The Eagles Nest Hillside Retreat. No refunds will be given for any utility outages, including power, water, satellite television service or any other services provided should they exist.
Mandatory Evacuation: Guest hereby acknowledges and agrees that no refund will be made for early departures of the Property due to mandatory evacuation orders. Guest is strongly encouraged to obtain travel/vacation insurance to cover any losses due to severe weather, fire, vacation changes or any other occasion necessitating early departure or Guest failure to fulfill reservation.

Road Closures and Construction : The Eagles Nest Hillside Retreat cannot predict the location of all road closures or construction activities near the rental properties, and The Eagles Nest Hillside Retreat may not be able to inform Guest at the time the reservation is made that road closures to the Property will be in effect. Guest hereby acknowledges and agrees that no refunds or adjustments to rent or deposits will be made due to access issues or noise caused by nearby construction activity. We suggest you see (website hidden) prior to your departure to find current, up to date road conditions, closures and restrictions.
Disputes. In the event of any dispute between the parties arising out of or related to this Agreement, or a breach thereof, the parties hereto shall first attempt to settle the dispute by mediation. If settlement is not reached within sixty days after service of a written demand for mediation, any unresolved controversy or claim the parties shall arbitrate such dispute pursuant to the arbitration rules of the American Arbitration Association. In no event whatsoever shall The Eagles Nest Hillside Retreat or Owner be liable to Guest or its guests for punitive or consequential damages and any liability of The Eagles Nest Hillside Retreat or Owner to Guest shall be limited to the Rent and other sums paid by Guest to The Eagles Nest Hillside Retreat and/or (website hidden)’s Fees. In the event The Eagles Nest Hillside Retreat or Owner institutes action to enforce the terms of this Agreement or to collect any amounts due hereunder or to remove Guest or its guests from the Property after termination of the rental period or in the event of an eviction or in connection with the indemnity set forth above or due to any default by Guest whatsoever, Guest shall pay all of The Eagles Nest Hillside Retreat’s and/or Owner’s attorney’s fees and/or court costs and/or expenses to arbitrate the dispute.
Interest & Fees . In the event any charges become due hereunder and are not paid within ten (14) days after written notice to Guest, all such charges shall incur interest at the rate of 18% per annum or the highest rate permitted by applicable law.

Indemnification, Risk of Loss and Hold Harmless : While The Eagles Nest Hillside Retreat and its Property Managers strive to maintain the property in the finest condition, no guarantees are expressed nor implied regarding suitability or for any particular purpose. All Guest(s) and their invitees use the Vacation Property structures and premises at their own risk. The Eagles Nest Hillside Retreat and any Property Owner, shall not be held liable or otherwise responsible in any way for any injury to any Guest and/or their invitees that is caused or permitted to be caused by the intentional or unintentional acts of said Guest(s) and/or invitees, or by the failure of structures, appliances (including BBQs), furnishings, and/or other equipment, whether by malfunction, misuse, acts of God/nature, and/or are otherwise naturally occurring. No guarantees are expressed nor implied as to the suitability of utilities and other services provided to the Vacation Properties and adjacent structures and premises. No guarantees are expressed nor implied regarding the suitability/compatibility of materials utilized in the construction of the Vacation Property and/or its contents. The Eagles Nest Hillside Retreat, and any Property Owner, manager and designated agent shall not be held liable nor otherwise responsible in any way for allergic reactions to Guest(s) or invitees, caused or permitted to be caused by materials utilized in the manufacture of the Vacation Property and/or its contents, nor from mold and/or airborne spores, nor from pet/animal allergens, nor from chemical agents including, but not limited to appliances, linens, carpeting, utensils, fixtures, and/or other equipment. The Eagles Nest Hillside Retreat and any Property Owner, manager and designated agent shall not be held liable nor otherwise responsible in any way for any adverse reactions due to insect stings, bites or any other natural or man-made causes. By written or electronic endorsement of this Agreement, Guest hereby covenants and agrees to forever hold-harmless and indemnify The Eagles Nest Hillside Retreat and their agents, owners, successors, employees and contractors from and against any and agree that all parties in any capacity related to The Eagles Nest Hillside Retreat shall not be held liable nor otherwise responsible in any way for and against all claims, demands, loss, liability/responsibility of any kind and character, including cost of defense, arising out of or in any way connected with the Guest(s) use of the property. The Guest acknowledges that The Eagles Nest Hillside Retreat is not an insurer of Guest’s property and is encouraged to have insurance to cover any losses or liability that may result of actions of Guest(s), invitees and/or any pet. Guest(s) agrees that all personal property, furnishings, personal affects and other items brought into the Property by Guest or their permitted guests and invitees shall be at the sole risk of Guest with regard to any theft, damage, destruction or other loss and Rental Agent shall not be responsible or liable for any reason whatsoever. Guest hereby covenants and agrees to indemnify and hold harmless The Eagles Nest Hillside Retreat and their agents, owners, successors, employees and contractors from and against any costs, damages, liabilities, claims, legal fees and other actions for any damages, costs, attorney’s fees incurred by Guest, permitted guests, visitors or agents, representatives or successors of Guest due to any claims relating to destruction of property or injury to persons or loss of life sustained by Guest or family and visitors of Guest in or about the Property and Guest expressly agrees to save and hold Rental Agent harmless in all such cases.
Release . Guest hereby waives and releases any claims against The Eagles Nest Hillside Retreat LLC, the Property owner and their successors, assigns, employees or representatives, officially or otherwise, for any injuries or death that may be sustained by Guest on or near or adjacent to the Property, including any common facilities, activities or amenities. Guest agrees to use any such facilities or amenities entirely at the Guest’s own initiative, risk and responsibility. The Eagles Nest Hillside Retreat is not responsible for the loss of personal belongings or valuables of Guest, or any injury or harm to Guest or visitors. By accepting this stay, it is agreed that all guests are expressly assuming the risk of any harm arising from their use of the premises or others whom they invite to use the premise. Guest agrees to keep the property and all furnishings in good and clean order and only use appliances for their intended uses. Please check carefully for belongings before you leave. Any items that remain on the premise may be discarded at The Eagles Nest Hillside Retreat sole discretion. Left items may be mailed to you if requested prior to cleaning personnel arriving at the property. In such case you will be charged shipping costs plus a $25 service fee. The Eagles Nest Hillside Retreat is not responsible for lost or stolen items. When you rent the property, you assume responsibility for it and its contents, as well as your personal property. Always lock the doors and windows when you leave the home. There is a digital keypad to which you will be given a code. This code is changed with every guest for security. Children are welcome, but there may be conditions in and around the home that may pose hazardous to them, as well as to adults. You agree that nether your landlord, The Eagles Nest Hillside Retreat, nor any of its employees, agents, contractors, vendors, or the like, are responsible for any injuries sustained by you and/or your occupants while occupying the premises and does not assume any responsibility for injuries resulting from your failure to use due caution. Children must be supervised at all times. Candles are not allowed due to fire hazard except citronella candles in buckets outside.
No Waiver . The Eagles Nest Hillside Retreat or Owner’s retention of the Rents and Security Deposit in accordance with the terms of this Agreement shall in no way be deemed a waiver by The Eagles Nest Hillside Retreat or Owner of any other claims or remedies it may have hereunder or at law or in equity for Guest’s failure to comply with this Agreement. In the event of Guest’s failure to comply with this Agreement, The Eagles Nest Hillside Retreat and/or Owner shall be entitled to all remedies at law and in equity, including, but not limited to consequential and/or punitive damages, injunctive relief and/or eviction of Guest and its guests.
Legal Provisions : The parties agree that this Agreement is not a lease and is not governed by any landlord Guest laws but may be governed by innkeeper statutes. The parties agree that in the event any portion of this Agreement becomes unenforceable due to any state, county, city, HOA, law, code, CC&R; or if the premises are unable to be otherwise occupied due to a casualty event or other issue beyond the Homeowner/Agent’s control, all other aspects of this Agreement shall remain in full effect. Any interruption to the Guest’s stay that is not caused by an intentional act by The Eagles Nest Hillside Retreat, Homeowner or Owner’s Agent shall result in a refund only if the premises are not able to be occupied, and all other inconvenience to Guest shall not be grounds for the termination of this Agreement or for reimbursement of the monies paid by Guest. A pro-rated portion of the fee for the stay shall be refunded in the event that the premises are destroyed or damaged by any casualty event not caused by the Guest. The parties agree to a waiver of any right to a jury trial and that all claims must be filed in the county and state where the rental premises are located. The prevailing party shall be entitled to reasonable attorney fees and costs incurred arising out of any claim of breach of this Agreement. If any part of this Agreement shall become unenforceable or otherwise disapproved of by a court of law, all other provisions of this Agreement shall remain in force and effect. The titles of any paragraph are for convenience of the readers only. This Agreement may be executed electronically and in counterpart. If the Guest is married, both spouses must execute this Agreement.