This Vacation Rental Short Term Lease Agreement (this “Agreement”) is made by and between Hearts of Arden Estate & Cottages LLC (“Owner”) and (“Guest”) of the date last written on the signature page of this Agreement. Owner and Guest may be referred to individually as “Party” and collectively as “Parties.” For good and valuable consideration, the sufficiency of which is acknowledged, the Parties agree as follows:  

  1. Property.  The property is described as Cottage located at 208 Sumter Ave, Summerville, SC 29483 (the “Property”). The Property is owned by Owner and resides on 1.2 acres of grounds at the same address known as Hearts of Arden Estate & Cottages (the “Estate”).
  2. Rental Party.  All persons in the rental party will be bound by the terms of this Agreement. Only persons added on the previous screen may stay in the Property. “Rental Party” includes all of the following persons you initially typed in the reservation form while reserving your cottage.  
  3. Maximum Occupancy.  The maximum number of persons allowed to stay in the Property is limited to four (4), unless the Owner gives prior written consent. 
  4. Visitors.  A Visitor is an occupant of the Property who is not staying overnight (“Visitor”). The total number of persons permitted in the Property at any given time, including Visitor, is eight (8). Visitors are not allowed to stay overnight, and a charge of $100.00 per person per night will be assessed for each Visitor who stays in the Property in addition to the Rental Party. Guest will be charged without notice for additional persons staying in the Property and not disclosed to Owner. No Visitor will be allowed to use the common facilities including the pool, bicycles, swing or walking paths, when Guest is not on the Property. 
  5. Rental Period, Check-In & Check-Out. The Property will be ready for Guest’s occupancy beginning at 3:00 pm on the Desired Arrival Date and the Property must be vacated by 10:00 am on the day after the Desired Departure Date, unless otherwise agreed by Owner. If Guest or any member of the Rental Party remains on the Property beyond the Departure Date, Guest will be responsible to pay the same rental rate per day between Departure Date and the actual date Guest and all members of the Rental Party vacate the Property.  
  6. Access Codes.  Owner will provide Guest with an access code, which will unlock the front door to the Property. Owner will also provide Guest with access codes to the parking gate.  
  7. Reservation Payment. Guest agrees to pay the rent, fees and taxes in full when completing the reservation process.
  8. Rental Rules & Restrictions. Guest agrees to abide by the following restrictions by Owner (the “Rules”):  
        1. Smoking or vaping is not permitted anywhere on or in the Property and Estate  
        2. Pets are not permitted on or in the Property and Estate 
        3. Quiet hours are from 10:00 PM to 8:00 AM 
        4. Garbage must be placed in the proper receptacles
        5. Guest must be twenty five (25) year old or older to rent the Property
        6. Minimum stay is two (2) nights unless approved by Owner  

             If any person in the Rental Party or Visitor fails to follow any of the Rules, the Rental Party may be asked to vacate the Property and Guest will forfeit all rent paid.  

  1. Assumption of Risks and Release. Guest recognizes that there are certain inherent risks associated with the activities listed below and agrees to assume full responsibility for personal injury to Guest, Rental Party and Visitors, and further releases and discharges Owner for injury, loss or damage arising out of use of or presence upon the facilities at the Property or Estate, whether caused by the fault of Guest, Rental Party, Visitor or Owner.

            Guest, Rental Party and Visitors will participate in the following activities at their own risk:  

        1. Swimming in the swimming pool on the Estate, no lifeguard is on duty
        2. Use of bicycles on the Estate and in the surrounding community 
        3. Walking the brick pathways on the Estate
        4. Swinging on the swing in the secret garden on the Estate
        5. Use of the fire pit area on the Estate
        6. Consuming alcohol on the Estate or in the privacy of the Property, including the interior of the Property and the porch area of the Property.
  1. Cancellation. If a Guest finds for any reason that they must cancel their reservation, Owner will allow their full payment to be used as credit for a new reservation within the following twelve months (1 year) in lieu of processing a refund.

            Guest who cancel their reservation and choose to NOT use their payment as credit toward a new reservation, will (1) receive a full refund if they cancel the reservation at least thirty (30) days before the Arrival Date, (2) receive a 50% refund if they cancel the reservation between fifteen (15) and twenty nine (29) days before the Arrival Date and (3) will not receive a refund for a cancellation fourteen (14) days or less from the Arrival Date.

  1. Cleaning. A cleaning fee will be charged to the Guest at the end of your stay. Daily housekeeping services are not included in the rental rate. Throughout the rental period, Guest will be responsible for keeping the Property clean and in good condition. Any unsafe or dangerous condition must be reported to Owner immediately. Guest acknowledges that on the Arrival Date, the Property is in good condition, except for any defect Guest may report to Owner within one hour of arrival on the Arrival Date. The Property should be left in the same condition as it was found by Guest on the Arrival Date. Guest promises to leave the Property in good repair. 
  2. Furnishings. Furnishings are subject to change without notice. Furniture, bedding, kitchen equipment, utensils, and any other personal property supplied with the Property must not be removed from the Property. Loss of any items within the Property or damage to the Property or furnishings in excess of normal wear and tear will be charged to Guest. The Property will be inspected by Owner after Guest’s departure. All contents of the Property are the property of Owner. If an item should break, Guest must notify Owner immediately. Guest is not permitted to alter the furniture, furnishings or the wiring of the television and internet wifi equipment.
  3. Parking.  Parking is limited to one (1) assigned space on the property. A second vehicle may be parked in the gravel overflow parking if a spot is available, otherwise the second vehicle must part along Sumter Ave. Guest may only park in designated parking area and any illegally parked cars may be subject to towing and/or fines.
  4. Mechanical Failures.  Owner attempts to properly maintain the Property. While all electrical and mechanical equipment within the Property are in good working order, Owner cannot guarantee against mechanical failure of electrical service, stopped plumbing, water supply, heating, air conditioning, audio visual equipment, internet access, cable service, or appliances. Guest agrees to report any inoperative equipment or other maintenance problem to Owner immediately. Owner will make every reasonable effort to have repairs done quickly and efficiently. Guest will allow Owner or a person permitted by Owner access to the Property for purposes of repair and inspection. Owner is not responsible for any inconvenience that may occur and no refunds or rent reductions will be made due to failure of such items.
  5. Acts of God. If there is a storm or severe weather and a mandatory evacuation order is issued by state or local authorities, Guest shall be entitled to a prorated refund for each night Guest is unable to occupy the Property. Owner will not be liable or deemed in default under this Agreement for any failure to perform or delay in performing any of its obligations due to or arising out of any act not within its control, including, without limitation, acts of God.
  6. Limitation on Liability.  Owner is not responsible for any accidents, injuries or illness that occur to any member of the Rental Party or Visitor while in the Property or on the Property. Owner is not responsible for loss of personal belongings or valuables belonging to any member of the Rental Party or Visitor. Guest agrees to assume the risk of any harm arising from use of the Property and Estate, including use of the swimming pool, bicycles, swing, walking paths and fire pit. Guest also agrees to assume the risk of any harm arising from consumption of alcohol on the Estate or in the privacy of the Property, including the interior of the Property and the porch area of the Property. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, SHALL OWNER BE LIABLE TO GUEST OR ANY OTHER PERSON FOR ANY DAMAGES OF ANY NATURE WHATSOEVER INCLUDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR GUEST’S RENTAL OF THE PROPERTY OR USE OF THE PROPERTY. IN NO EVENT WILL OWNER BE LIABLE FOR ANY DAMAGES IN CONNECTION WITH THIS AGREEMENT, EVEN IF OWNER SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
  7. Indemnification.  Guest acknowledges that the use of the Property by the Rental Party and Visitor is entirely at their own risk. Guest will indemnify and hold harmless Owner from any and all expenses, costs, damages, suits, actions, or liabilities whatsoever arising from or related to any and all loss of or damage to personal property, including injury or death resulting from the use or occupancy of the Property or the failure of any member of Rental Party or Visitor to observe the rules and restrictions set forth in Paragraph 7.  
  8. Violation of Agreement. If Guest or any member of the Rental Party violates any of the terms of this Agreement, including but not limited to maximum occupancy, visitors and rental rules and restrictions, Owner may evict Guest and the Rental Party from the Property and Guest will forfeit all rent and security deposit paid.
  9. Governing Law. This Agreement and all transactions contemplated by this Agreement will be governed by, and constructed and enforced in accordance with the laws of the State of South Carolina (not including its conflicts of laws provisions).  Any dispute arising from this Agreement shall be resolved  through mediation. If the dispute cannot be resolved through mediation, then the dispute will be resolved through binding arbitration conducted in accordance with the rules of the American Arbitration Association.  
  10. Amendments. This Agreement may be amended or modified only by a written agreement signed by both Owner and Guest.
  11. No Waiver. Neither Owner nor Guest shall be deemed to have waived any provision of this Agreement or the exercise of any rights held under this Agreement unless such waiver is made expressly and in writing.
  12. Severability. If any provision of this Agreement is held to be invalid or unenforceable in whole or in part, the remaining provisions shall not be affected and shall continue to be valid and enforceable as though the invalid or unenforceable parts had not been included in this Agreement.
  13. Notices. Any notice or communication under this Agreement must be verbal or in writing and communicated via personal conversation, phone call, text message or email.
  14. Successors and Assigns. This Agreement will inure to the benefit of and be binding upon Owner, its successors and assigns, and upon Guest and its permitted successors and assigns.
  15. Entire Agreement. This Agreement represents the entire understanding and agreement between the Parties with respect to the subject matter of this Agreement and supersedes all other negotiations, understandings and representations (if any) made by and between the Parties.

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Signed by Allison Yeager
Signed On: June 1, 2024

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February 19, 2024 2:40 pm EDTHOA-VACATION RENTAL SHORT TERM LEASE AGREEMENT Uploaded by Allison Yeager - allison@heartsofarden.com IP