Terms and conditions

Welcome to featherstays!

ARTICLE I

Rental Term

1.0. Rental Term.

Subject to the terms and conditions set forth in this Agreement, Occupant agrees to rent the Premises, for vacation purposes only, at 4:00 p.m. and ending at 11:00 a.m. (Time).

Article II

Rent Payment, Security Deposit and Fees

2.0. Rent and Fees.

In consideration for renting the Premises, Occupant agrees to make the payments to the Owner, which are due and payable upon making a reservation to rent the Premises in accordance with our website.

Occupant acknowledges and agrees that the Premises will not be held for Occupant until the Owner or Owner’s designated agent receive both a fully executed copy of this Agreement, including any attachments hereto, and full payment of the Total Rental Amount set forth above.

2.1. Security Deposit.

Occupant understands and agrees that the Security Deposit will be transferred to and held by the Owner or the Owner’s Representatives in a designated non-interest bearing trust account, and upon termination of the occupancy, shall be used as reasonably necessary for any of the following purposes: (i) payment of rent or any other amounts due and payable to the Owner under this Agreement; (ii) payment of the cost to repair damage to the Premises, beyond normal wear and tear, which is caused by Occupant or Occupant’s guests or licensees; and (iii) replacement or repair of Owner’s personal property or appurtenances that is caused by Occupant or Occupant’s guests or licensees.

Within 21 days after Occupant vacates the Premises, Occupant will receive a written accounting of the disposition of the Security Deposit and a refund of any remaining balance of the Security Deposit from the Owner. The written account will include the following information: (i) the total amount of security deposit received by the Owner; (ii) an itemized list of each of the deductions/charges assessed by the Owner; and (iii) the amount of any refund due to the Occupant.

2.2. Cancellation and Refund Policy.

Occupant acknowledges and agrees to the Cancellation policy shown when completing the booking.

(4) No refund whatsoever will be issued after the scheduled check-in time, even if Occupant vacates the premises prior to the scheduled check-out time.

ARTICLE III

Authorized Use and Guests

Occupant hereby covenants and agrees to comply with the following terms and conditions regarding his/her use of the Premises:

3.0. Guests. The Premises shall only be used as a personal vacation residence by the Occupant and their guests only.

Occupant shall not have more than 2 guests per bedroom to use the Premises, which is the legal occupancy limit for the Premises.

3.1. Parking. Occupant shall not cause or permit more than 1 vehicle per bedroom, which is the legal parking limit for the Premises, to be parked outside of the Premises at any time during the Rental Term.

3.2. Pets. Occupant shall not cause or permit any Pets to be brought onto the Premises without the express prior approval of the Owner, advance payment of a $150 Fee. If an unauthorized pet is found to be on the Premises, Owner shall have the right to immediately terminate this Agreement, retain the entire Security Deposit and assess the Occupant any additional costs for damage to the Premises resulting from the pet. ESA's and service animals are exempt from this fee.

3.3. No Smoking. Smoking is absolutely prohibited anywhere on the Premises. Occupant understands and agrees that smoking on the Premises constitutes a material breach of this Agreement and may, at the Owner’s discretion, result in immediate termination of this Agreement and forfeiture of Occupant’s entire Security Deposit.

3.3. Compliance with City of Palm Springs Ordinances. Occupant shall review and comply, and ensure that all of Occupant’s guests review and comply, with the City of Palm Springs Good Neighbor Brochure and City of Palm Springs Vacation Rental Statement of Rules and Regulations (the “Statement of Rules”), which will be presented to guest at check-in. Occupant further agrees to sign the Vacation Rental Statement of Rules concurrently herewith and ensure that all of Occupant’s guests execute the Statement of Rules.

3.4. Compliance with Laws. Occupant shall comply and ensure that Occupant’s guests comply with all laws, rules and regulations that are at any time posted on the Premises or delivered to the Occupant and shall refrain from using the Premises for any commercial or unlawful purpose or engaging in activities that constitute a nuisance or otherwise disturb,annoy, endanger, or interfere with the use and enjoyment of the adjacent properties.

3.5. No Loud Music or Nuisance Activity. Occupant shall not engage in the playing of any music or other activities that create excessive noises anywhere outside of the Premises regardless of the time of day, and further agrees to accept responsibility for any fines assessed against the Occupant or Owner by the City of Palm Springs for violations of applicable noise or parking ordinances during the Occupant’s Rental Term.

3.6. Pool Restrictions. The use of glassware anywhere on the outside of the Premises is strictly prohibited, and the Occupant shall be responsible for any cleaning costs associated with removal of glass and other debris from the pool. No diving or jumping into the pool is allowed and no pets or unsupervised children are permitted in and around the pool.

3.7. Holdover, Abandoned Possessions and Service of Notices. Occupant agrees there shall be no holding over or late departure without prior written approval from the Owner. Any unauthorized holding over by Occupant shall be subject to a charge of 1 and ½ times the daily prorated rent, plus any additional losses incurred by the Owner, including but not limited to, the cost of alternative housing for guests displaced by Occupant’s holding over.

If Occupant leaves any personal property at the Premises, which Owner determines to be of value, Owner will make one attempt to contact Occupant by mail or e-mail notice. If Occupant fails to respond within 20 days of the date of said notice, Owner may advertise and market the items for sale or donate them to a charitable organization.

Occupant acknowledges and agrees to accept service of any notices or correspondence from the Owner via e-mail or regular mail, or by posting in a conspicuous place in or on the Premises, and further agrees that service of notice to Occupant or any one of Occupant’s guests by any of the aforementioned methods shall be deemed as valid notice to Occupant and all of Occupant’s guests.

3.8. Violation Penalties. Any violation of these terms and conditions of Authorized Use will subject the Occupant to a minimum charge of $150 per violation, which will be deducted from the Occupant’s Security Deposit as described herein and may result in immediate termination of this Agreement, additional charges and forfeiture of the Occupant’s Security Deposit entirely.

ARTICLE IV

Condition of Premises

4.0. Condition of Premises. Occupant shall, on arrival, examine the Premises, all personal property, appliances, fixtures and landscaping thereon, and shall immediately notify the Owner or Owner’s representative of any conditions on the Premises or items of personal property that are found to be damaged, inoperable or otherwise not in good quality condition.

4.1. Good Quality Condition and Appearance of Premises. Occupant agrees to return the Premises to the Owner in the same good quality condition and appearance (less ordinary wear and tear) as it were at the time Occupant first entered the Premises. If Occupant fails to return the Premises in the same good quality condition and appearance, Owner may deduct additional charges from the Security Deposit as necessary and reasonable to restore the appearance of the Premises to the original condition that existed at the start of Occupant’s Rental Term.

Occupant further agrees to pay for all repairs or replacements caused by Occupant or his/her guests and licensees of Occupant, excluding ordinary wear and tear, or damage caused by Occupant’s failure to timely notify the Owner of any defective condition or problem at the Premises. Occupant shall pay for all damage caused by Occupant’s failure to promptly report a defective condition or damaged item within the Premises.

4.2. Maintenance. Occupant and Occupant’s guests shall properly use, operate and safeguard the Premises including, if applicable, any landscaping, furniture, furnishings, appliances and fixtures, and keep such items in a clean and sanitary condition. Occupant further agrees to immediately notify Owner of any defective condition or damaged property within the Premises or any furnishings and fixtures thereon. This provision does not entitle the Occupant to cancel this agreement or receive a refund of any payments made.

4.3. Alterations. Occupant shall not make any alterations to the Premises including, but not limited to, moving furniture, moving or removing security devices, appliances, painting, wallpapering, adding or changing locks, installing antenna or satellite dish(es), placing signs, displays or exhibits, or using screws, fastening devices, large nails or adhesive materials anywhere on the Premises.

4.4. Video Surveillance Disclosure. Occupant hereby acknowledges and accepts the Owner’s disclosure that video surveillance cameras have been installed on the Premises for security reasons. The location of each such device is readily apparent, this may include front and back of the house. There are no indoor cameras. These cameras are not actively monitored.

ARTICLE V

Check-In/Check-Out Procedure

5.0. Check-In Procedure and Key Delivery. Upon arrival, Occupant will receive at least 1 key to the Premises or door code to enter the premises.

5.1. Check-Out Procedure and Key Return. Upon termination of occupancy, occupant shall:

(i) Give Owner or Owner’s representatives all copies of all keys or opening devices to the Premises;

(ii) Vacate the premises and surrender it to Owner empty of all persons and Occupant’s personal belongings;

(iii) Vacate any and all parking and/or storage spaces;

(iv) Deliver the premises to Owner in the same condition of less ordinary wear and tear as received upon arrival.

5.2. Cleaning and Trash Disposal. Upon vacating the Premises, Occupant shall perform the following tasks:

(i) Rinse and place all pots, pans, dishes, cups and silverware in the dishwasher; (ii) Place all towels on the floor; (iii) Empty all trash receptacles in and around the Premises into the large trash bins on the side of the home; AND

(iv) Discard all used food from the cabinets and refrigerator.

ARTICLE VI

General Terms

6.0. Owner Entry and Access. Owner and Owner’s representatives and agents (ie. pool person, gardener) shall retain the right to enter the Premises at any time for the purpose of performing repair and maintenance work, making alterations or improvements to the Premises, verifying that Occupant has complied with the terms of this Agreement, or in the case of an emergency. Owner and Owner’s agents shall also have the right to enter the Premises, upon reasonable notice, to show the Premises to prospective or actual purchasers, occupants, tenants, appraiser, contractors, etc. Any interference by Occupant with the Owner’s right to access the Premises shall entitle the Owner to immediately declare Occupant in breach of this Agreement, demand that Occupant and Occupant’s guests vacate the Premises and retain the entire Security Deposit.

6.1. No Assignment. Subject to California law, Occupant shall not be permitted to assign any interest in this Agreement or sublet any part of the Premises. If Occupant fails to comply with this provision, Owner shall be entitled to declare Occupant in breach of this Agreement, demand that Occupant and Occupant’s guests immediately vacate the Premises and retain the entire Security Deposit.

6.2. Unavailability. If for any reason beyond the control of Owner, the Premises becomes unavailable, Owner may substitute a comparable unit or cancel this Agreement and refund all payments received from the Occupant.

6.3. Time is of the Essence. Time is of the essence in the performance of the terms and conditions set forth in this Agreement.

6.4. Joint and Individual Obligations. Each and every Occupant hereunder shall be individually and completely responsible for the performance of all obligations and requirements set forth in this Agreement, jointly and severally with every other Occupant.

6.5. Transient Occupancy. Occupant is renting the Premises as a transient lodger during the period specified in Article II hereinabove from the Owner, who retains full legal, possessory and access rights.

6.6. Release, Waiver and Indemnification. Occupant acknowledges that swimming and pool activities are inherently dangerous and involve the risk of serious injury or death or property damage. Unsupervised use of any such amenities on the Premises by children is prohibited, and diving into the pool by anyone is strictly prohibited. Occupant freely and voluntarily assumes full responsibility for risk of bodily injury, death or property damage that may occur while Occupant or Occupant’s guests or invitees are in or on the Premises.

Occupant hereby forever releases, waives, discharges and covenants not to sue the Owner, its agents, officers and employers, from and for all liability to Occupant and/or its guest, invitees, representatives, assigns, heirs and next of kin for any and all loss or damage, and any claim or demand on account of injury to a person or persons or property or resulting in death of Occupant or any of Occupant’s guests or invitees, whether caused by negligence of the Owner or otherwise, while in or on the Premises.

Occupant agrees to indemnify and save and hold harmless Owner, its agents, officers and employees, from any loss, liability, damage or cost that Owner may incur due to the presence of Occupant or Occupant’s guests or invitees in or on the Premises and whether caused by the negligence of Owner or otherwise.

Occupant accepts full responsibility for each child who arrives on the Premises and agrees to ensure that all children under the age of 18 years are supervised by an adult at all times.

Occupant further agrees that the foregoing release, waiver and indemnification is intended to be as broad and inclusive as is permitted by law and that if any part of this provision is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

6.7. Limitation of Liability. Under no circumstances shall Owner be responsible for any loss, expense, damages, claims or injury direct, indirect, consequential or otherwise caused or incurred, whether arising in contract or otherwise in law or equity, as a result of rendering of the services or accommodations as described in this Agreement, without restricting the generality of the foregoing as a result of any delay(s), substitution(s), rescheduling(s) or change(s) in the provision of services or accommodations by the Owner or by reason of military actions, revolution or acts of God, government agencies, or unforeseen circumstances or events, by any agents, owners, employees, subcontractors, servants or services as substituted. The Owner further reserves the right to cancel or rescind this Agreement if it is found that the Occupant or Occupant’s guests are conducting unlawful activities, not abiding by the terms of this Agreement, disturbing others by playing loud music, percussion, audio or instruments, or cause any loud or offensive noises, or have made any misrepresentations about the nature or size of the group or use of the group or the use of the Premises or any other misrepresentations or any other way in breach of this Agreement.

6.8. Governing Law. This Agreement is to be construed according to the laws of the State of California.

6.9. Venue. The Parties agree that in any litigation arising out of this Agreement, the correct venue shall be the Superior Court of the State of California in and for the County of Orange, which Court shall have jurisdiction over such litigation.

6.10. Interpretation. Subject headings of this Agreement are included for convenience only, and they shall not affect construction or interpretation of any of its provisions.

6.11. Entire Agreement. This Agreement constitutes the entire agreement between the Parties pertaining to the subject matter hereof; and it supersedes all prior contemporaneous agreements, representations, and understandings of the Parties concerning such subject matter. No supplements, modifications, or amendments of this Agreement shall be binding unless executed in writing by the Parties. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any of the other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the Party making the waiver.

6.12. Attorney’s Fees. In any action, motion or proceeding between the Parties arising from or concerning the enforcement of this Agreement, the prevailing party shall be entitled to recovery of reasonable attorney’s fees and costs.

6.13. Severability. Should any part of this Agreement be found by a court of competent jurisdiction to be unenforceable, the validity of the remaining parts shall not be affected, and the remaining parts shall be severed and enforced to the fullest extent permitted by law.

6.14. Counterparts. This Agreement may be signed in counterparts, each of which constitutes one and the same instrument, and shall be binding and enforceable as if all the Parties have executed the same copy hereof. Facsimile and/or e-mailed “pdf” signatures are acceptable.

EACH OF THE PARTIES HEREBY CERTIFIES AND WARRANTS THAT HE, SHE OR IT HAS READ AND UNDERSTOOD THIS AGREEMENT IN ITS ENTIRETY, AND THAT HE OR SHE UNDERSTANDS THE TERMS OF THIS AGREEMENT .

This agreement is entered and accepted at the time of booking.

Management Company

Featherstays LLC

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