Rental Agreement

RENTAL AGREEMENT

 

This Rental Agreement and Contract (the “Agreement”) is a legally binding agreement made and entered into as of the Rental Date between You (the “Tenant”) and Property Owner (the “Landlord” or the “Rental Agent”). Houzlet LLC a Wyoming Limited Liability Company operates the interactive website available at Houzlet.com, pursuant to which the Tenant has scheduled the occupancy for one or more nights and arranged to make payment to secure (a “Rental”) the residence described on the listing the Tenant chose to rent (the “Property”), for the duration of the Rental for the Rental cost and other fees set forth in this Agreement, as well as other good and valuable consideration described herein.

 

  1. TERM OF RENTAL AND OCCUPANCY: The Tenants move in and move out dates will be shown at the time of accepting this rental agreement along with all scheduled rent payment. The Tenant has the rights to occupy the property only during the term of the rental. The maximum standard occupancies for Rental, to Tenants, are as follows – Studio, 2 Tenants; 1 Bedroom, 2 Tenants; 2 bedrooms, 4 Tenants; 3 bedrooms, 6 Tenants; 4 bedrooms, 8 Tenants; 5 bedrooms, 10 Tenants.
  2. PAYMENT POLICY: The monthly rental amount will be shown when Tenant Rents on Houzlet. The rental amount will also display on third party websites like VRBO or Airbnb herein referred to as (“Houzlet Channels”). Tenant’s payment policy will be shown at the time of confirmation with the amount due with any future scheduled payments. The Tenant will pay a deposit of 50% the time of Confirmation and the Final Balance Due is payable 30 days prior to the Move-in date. At the time of Confirmation if Move-In date is within 30 days, the full payment will be charged. Each Tenant is required to pay the total Rental cost, which is the sum of the rental rates, tenant screening fees and Houzlet fees prior to Move-in; Tenant shall pay all fees set forth in this Agreement in connection with the Rental using Houzlet wallet or directly through the third-party website.
  3. HOUZLET FEE: You agree to pay Service Fee for the Rental Service based on a percentage of the value for each completed booking (“Service Fee”). The Service Fee is displayed at Confirmation on houzlet.com. On VRBO and Airbnb the Service Fee is equal to 25% of the total price in the form of a Mark Up, the (“Mark Up Fee”) collectively referred to as the (“Houzlet Fees”). You are deemed to accept the Houzlet Fee when you approve payment.
  4. SCHEDULED PAYMENTS: The reoccurring payment amount and payment scheduled date will be shown at the time of confirmation. By providing my credit card, debit card or bank account information (‘Payment Method”) the Tenant AGREES and approves the reoccurring payments. The Tenant authorizes Houzlet to charge the full amount required (once per month) and Tenant authorizes Houzlet to charge or debit the Tenant’s account and remit payment to the Landlord. This authority will remain in effect until the end of the Rental Period as required under this agreement.
  5. REFUNDABLE SECURITY DEPOSIT: Houzlet or Houzlet Channels may charge Tenant’s debit or credit card a Fee or a refundable security deposit at the time Tenant makes a Rental. If no damages or losses occur during the term of the Tenant’s Rental, the Landlord shall return the full security deposit to Tenant within 72 hours after check out of the Property.  Landlord will evaluate the Property for damages, including damaged, destroyed, missing, or stolen items, and determine and whether Landlord must apply any portion of the security deposit charged under this section to compensate such losses or damages, or if it shall be returned in full to Tenant.  Landlord will advise the Tenant if the security deposit will not be released in full, or if only a portion of the security deposit will be returned to Tenant, within 72 hours following the Tenant’s check out of the Property. Tenant understands that in the event of damage, destruction, or theft, Tenant’s damages to the Property or items within the Property may exceed the value of the security deposit allowed under this Section, and Tenant agrees to be fully liable for the total costs of replacement or repair, to  Landlord. Tenant shall immediately pay to Landlord,  or allow Landlord to charge Tenant’s debit or credit card, the amount due under this Section in the event of a loss.
  6. MOVE IN TIME: Tenant may arrive at the Property at 3:00 p.m. local time. Tenant shall leave the Property by 11:00 a.m. local time.
  7. REFUND POLICY:  Houzlet Fee is not refundable for any reason, Houzlet shall issue a 100% refund of the initial deposit less Houzlet Fee. The rent is not refundable if Tenant cancels the Rental within 30 days prior to arrival or if the Tenant entered into a lease with the Landlord.  If Landlord cancels the rental, the deposit less the Houzlet Fee will be refunded to Tenant. If Tenant wants to cancel Tenant must requests to cancel by emailing support@houzlet.com with their booking or Rental number. Houzlet will mediate when necessary and has the final say in all disputes.
  8. UNAVAILABILITY OF PROPERTY: In the event the Property is not available for use during a previously scheduled Rental due to circumstances beyond the control of Houzlet, then Houzlet will apply good faith efforts to locate a replacement property that equals the Property with respect to occupancy capacity, location, and value that meets the reasonable satisfaction of the Tenant. If such replacement property cannot be found and made available, Houzlet shall immediately return Tenant’s prepaid Rental Costs, but not the Houzlet Fee collected as specified in the preceding sections of this Agreement, whereupon this Agreement shall be terminated and Tenant and Houzlet shall have no further obligations or liabilities in any manner pertaining to this Agreement.
  9. CONDITION AND USE OF PROPERTY: The Property the Tenant Rents on Houzlet is provided in “as is” condition. The Landlord shall use their best efforts to ensure the operation of all amenities in the Property, such as internet access, satellite or cable TV access or hot tubs, fireplaces as applicable. Tenant shall not hold Houzlet responsible for such items’ failure to work. Ladnlord is responsible and will make every effort to correct any issues as reported by Tenant as quickly as possible. Tenant acknowledges that use of amenities such as hot tubs, pools, spas, fireplaces, decks, and the like may be potentially dangerous and involve potential risks if improperly used, particularly with regard to children, and such use is at the Tenant’s own risk. Tenant shall use the Property for residential purposes only and in a careful manner to prevent any damage or loss to the Property, and shall keep the Property in clean and sanitary condition at all times. Tenant and any additional permitted Tenants shall refrain from loud noise and shall not disturb, annoy, endanger, or inconvenience neighbors, nor shall Tenant use the Property for any immoral, offensive or unlawful purposes, nor violate any law, association rules or ordinance, nor commit waste or nuisance on or about the Property.
  10. DEFAULT: If Tenant breaches, defaults upon, or fails to comply with the conditions and obligations of this Agreement, Tenant shall surrender the Property, remove all Tenant’s property and belongings, return all keys, keycards, and other means to accessing the Property to Houzlet, and leave the Property in good order and free of damage.  Houzlet shall not refund any portion of the Rental costs and any or all fees specified in this Agreement to Tenant. If any legal action is necessary, or other dispute arises from or is related to this Agreement, the prevailing party shall be entitled to recovery from the other party for all costs incurred, including its costs and reasonable attorney’s fees.
  11. CHOICE OF LAW: All issuesand questions concerning the construction, validity, enforcement and interpretation of this Agreement and the exhibits and schedules hereto shall be governed by the State of Wyoming in the County of Laramie County without giving effect to any choice of law or conflict of law rules or provisions.
  12. RISK OF LOSS AND INDEMNIFICATION: Tenant agrees that all personal property, furnishings, personal affects, and other items belonging to Tenant or brought into the Property by Tenant or their permitted Tenants and visitors shall be at the sole risk of Tenant with regard to any theft, damage, destruction or other loss. Houzlet shall not be responsible or liable for any reason whatsoever for any such theft, damage, destruction, or other loss of Tenant’s personal property, or the personal property Tenant brings to the Property. Tenant hereby covenants and agrees to indemnify and hold harmless Houzlet and its agents, owners, successors, employees and contractors from and against any costs, damages, liabilities, claims, causes of action, declaratory or injunctive relief, administrative proceedings, arbitration, and other actions for any damages (including but not limited to special, general, consequential, incidental, and expressly including punitive or exemplary damages), costs, legal fees, and attorneys’ fees (and to pay them to  Houzlet as they are incurred and due) caused by any claims arising from or relating to destruction of property, personal injury or bodily injury to persons of any kind, or loss of life, sustained by Tenant, or family and visitors of Tenant, or any third parties, in or about the Property at the time of Tenant’s Rental. Tenant expressly agrees to save and hold Houzlet harmless in all such cases.
  13. RELEASE: Tenant hereby waives and releases any claims against Houzlet, the Property’s legal or beneficial owner, and their successors, assigns, employees, agents, or representatives, whether acting officially or otherwise, for any injuries, damages, or loss of any kind, including death, dismemberment, or disability however severe that may be sustained by Tenant on or near or adjacent to the Property, including any common facilities, activities or amenities. Tenant agrees to use any such facilities or amenities entirely at the Tenant’s own initiative, risk and responsibility.
  14. ADDITIONAL TERMS TO THE RENTAL AGREEMENT: In addition to the standard terms included herein, Tenant acknowledges and agrees that there may be additional terms and conditions that apply to the Tenant’s rental of the Property, which Landlord shall supply to Tenant after making any Approval of Rental, or Landlord may supply to Tenant upon Tenant’s earlier request.
  15. GENERAL PROVISIONS: This Agreement contains the entire agreement between the parties with regard to the rental of the Property, and any changes, amendments or modifications hereof shall be void unless the same are in writing and signed by both the Tenant and Landlord This Agreement shall be governed by the state laws where the Property is located without regard to its conflicts-of-laws provisions. The County where the property is located shall be the sole and exclusive venue for any and all disputes arising from or related to this Agreement by Tenant and Landlord, with each party waiving any and all objections on the grounds of personal jurisdiction and venue, including the doctrine of forum non convenience. EACH PARTY AGREES TO ARBITRATION BEFORE JUDICIAL ARBITRATION AND MEDIATION SERVICES (“JAMS”) AS THE SOLE AND EXCLUSIVE FORUM FOR RESOLUTION OF DISPUTES UNDER THIS AGREEMENT; THE PARTIES KNOWINGLY AND WILLFULLY WAIVE THEIR RIGHT TO JURY TRIAL AND AGREE TO ARBITRATION AS THE SOLE AND EXCLUSIVE MEANS TO RESOLVE DISPUTES, AND FURTHER WAIVE THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION LAWSUIT OR CLASS ACTION ARBITRATION AGAINST THE OTHER PARTY AS A CONDITION OF ENTERING THIS AGREEMENT. The words “Landlord” and “Tenant” shall include their respective heirs, successors, representatives. The waiver or failure to enforce any breach or provision of this Agreement shall not be considered a waiver of that or any other provision in any subsequent breach thereof. If any provision herein is held invalid by an arbitrator or other legal authority of competent jurisdiction, it shall be deemed severed from the Agreement, and the remainder of the Agreement shall not be affected. Any notice required to be given under this Agreement shall be in writing and sent to the contact information included herein. Both parties have had the opportunity to negotiate or participate in the negotiation of this Agreement, and thus its terms shall not be construed for or against any one of the parties hereto. This Agreement may be signed in one or more counterparts, each of which is an original, but taken together constitute one in the same instrument. Execution of a digital signature shall be deemed a valid signature. Nothing within this Agreement shall make Tenant, Landlord or Houzlet joint venturers, partners, or anything other than contractors with one another, and shall not operate to create any other employment or agency relationship between Tenant and  Houzlet. All dollar amounts and funds set forth in this Agreement shall be in United States Dollars.
  16. Counterpart & Electronic Execution. This Agreement may be signed with the digital equivalent of a signature in one or more counterparts, each of which shall be deemed an original hereof for all purposes, and all of which, taken together, shall be deemed to constitute but one agreement. When clicking I Agree to Rental Agreement shall be deemed equivalent to a signed original of this Agreement. This Agreement shall take effect on the latest date on which either Party Agreed to the Rental Agreement.

 

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