Terms of License
TERMS OF LICENSE
The Licensed Unit is being contracted "As-Is." Management will NOT provide any additional appliances, furnishings, services, or amenities. Guest shall provide their own personal affects including but not limited to television(s), clothing, towels and washcloths, bed linens, flat wear and utensils, bath towels, bath supplies, decorations (NO HOLES IN WALLS), light furnishings (i.e. coffee table, side table, extra chairs, etc.). All warranties, including implied warranties, are disclaimed.
CONDITION:
By executing this Agreement, Guest acknowledges and agrees that they have inspected the Licensed Unit, and it is in good condition and is adequate for Guest use, as further set forth on the Conditions Checklist attached hereto. Upon termination or expiration of this Agreement, Guest agrees to surrender the Licensed Unit to Management in a substantially similar, good condition. If Guest fails to leave the Licensed Unit in good condition, Management will assess reasonable charges to Guest for returning the Licensed Unit to good condition. If any item is missing or damaged, Guest will be responsible for replacement or repairs of item and may forfeit their deposit(s) and Guest will be responsible for payment of any further amount necessary to replace such item or repair such damage. It is Guest's responsibility to tell Management of an item in disrepair. Items (including all items listed on the Conditions Checklist) identified as damaged by the Guests during regular maintenance, the quarterly inspection of the homes and/or upon termination of this Agreement, will be billed to the Guest and will be immediately payable in addition to the next weekly Rate on the next Payment Deadline.
ACCESS:
Management has the right to access the Licensed Unit without prior notice at any time to enforce the terms of this Agreement, including but not limited to maintenance, repairs, and quality control inspections. Management shall have a right of entry upon the land on which a Licensed Unit is situated for maintenance without prior written consent. Management may enter a Licensed Unit without the prior written consent of the Guest in the case of an emergency or when the Guest has abandoned or vacated the Licensed Unit. Maintenance inspections will be performed upon Management's discretion. Management has the right upon twenty-four (24) hours' notice to relocate Guest to a substantially equivalent Licensed Unit on the Property.
BACKGROUND CHECKS:
Management reserves the right to run any background check on Guest (credit, criminal, employment, OFAC, etc.) at any time during the Term. Guest is responsible for immediately notifying Management if the status of their criminal, credit, employment, background, or other information changes. If Management determines there is a status change without Guest notification, Management may terminate this Agreement immediately. Further, Guest hereby acknowledges and agrees that Management reserves the right to terminate this Agreement immediately if there is a status change.
RULES AND REGULATIONS:
Guest and their guests, invitees, and all occupants, shall comply with the written rules and regulations provided to Guest by Management from time to time, including but not limited to the terms of this Agreement and the Property Rules and Regulations attached hereto. Guest agrees to comply with all state and federal laws, rules, ordinances, and regulations applicable to the Property. Changes to the Rules and Regulations may be made at any time by Management in compliance with applicable law and will become effective immediately upon posting on the Property or changing of the Rules and Regulations which are available electronically.
NON-DISPARAGEMENT:
Guest shall not make any statements, written or oral, or cause or encourage others to make any statements, written or oral, or otherwise participate by any means or in any form whatsoever (including but not limited to blogs, Twitter, Facebook, YouTube, Instagram, or any other social networking or other websites whether now existing or hereafter created) that defame, disparage or in any way criticize the Property, a Licensed Unit, or the personal or business reputation, practices or conduct of Management, the Owners, their affiliates and their employees, owners, directors, managers and officers. Guest acknowledges and agrees that this prohibition extends to statements, written or oral, made to anyone, including but not limited to, the news media, other or potential guests, past and present employees, investors, board members, vendors, service providers, and strategic partners of Management, Owners, and their affiliates. Notwithstanding the foregoing, this provision does not prohibit disclosures that Guest is required to make to comply with applicable laws or regulations. If a Guest is found to make disparaging and/or untrue statements after the termination of the Agreement but before the deposit(s) is refunded, Management may not refund the deposit in its sole discretion.
NON-INTERFERENCE:
Guest agrees to take no action that could reasonably be expected to adversely affect in any way Management's operations or the Owners' business.
NONDISCLOSURE:
Guest acknowledges that during their stay within the Property, certain factual and strategic information specifically related to Management, the Owners, and their affiliates, including certain confidential and proprietary information, may be disclosed to Guest in confidence. Guest agrees to keep such information confidential, not to make use of such information on Guest's own behalf or for any other purpose, and to return all tangible forms of such information to Management no later than the final date of the Term. In addition, the Guest agrees to keep facts, terms discussions and negotiations leading to or related to the Agreement confidential.
ACKNOWLEDGEMENT:
Guest expressly acknowledges and agrees that the covenants and restrictions contained in this Agreement are reasonably tailored to protect the confidential information, trade secrets, and other legitimate business interests of Management, the Owners, and their affiliates, and are reasonable in all circumstances in scope, duration, and all other respects.
CHANGES:
Management reserves the right to change or modify without notice the Property Rules and Regulations, terms and conditions, standards, services, utilities, appearances, equipment, and physical improvements. Some changes may require Guest signature. If Guest refuses to sign a new Agreement requested by Management, automatic weekly renewal is terminated, and Guest is required to vacate the Property at the end of the then applicable Term.
NOTIFICATIONS:
- BEWARE FALLING ITEMS: Structures, trees, items, or debris falling, tipping over, sliding closed, or otherwise causing injury or death.
- NO FENCES: The detention pond, lake, ditches, drainage, slopes, undulating terrain and topography do not have security or a safety fence in place.
- NO LIFEGUARD OR EMERGENCY PERSONNEL ON DUTY.
- NO MEDICAL TRAINING BY PERSONNEL.
- NO OBLIGATION BY PERSONNEL OR OTHER GUEST TO ATTEMPT TO RESCUE GUEST IN THE EVENT OF EMERGENCY.
- NO SAFETY OR FLOATATION DEVICES.
- NO STEPS OR LADDERS TO AID IN THE EGRESS OF THE LAKE, DETENTION POND, DITCHES AND DRAINAGE.
VEHICLE INSURANCE:
Guests must provide proof of liability insurance with coverage at State minimums for all registered motor vehicles at the Effective Start Date and provide Management with an updated copy if there is a change of insurance or coverage. If a vehicle causes damage to the Property or affiliated property, Guest is liable for damages. Management may file a claim against Guest insurance or file suit against Guest for any such damages.
CHILDREN:
Guests are responsible for the safeguard and control of all family members. Parents are responsible for the supervision, conduct, and behavior of their children at all times. Children are never to be left unattended.
MINOR CUSTODY:
Guests must have legal custody of all minors who access and occupy the Property. Documentation must be presented to establish and prove legal custody. Management must be notified immediately if the status of legal custody changes or if a minor no longer occupies the Property.
PHOTOGRAPHY:
Guest understands and agrees that photos, videos, and other media (herein and after collectively referred to as "Images") are occasionally taken by Management and that any Images taken of Guest, Guest's minor child, Guest's invitees and or Guest's property may be used by Management. Guest hereby authorizes Management to license the Images and to use the Images in any media for any legitimate business purpose(s) which may include, among others, advertising, promotion, marketing or packaging for any product or service. Guest agrees that the Images may be combined with other images, text, and graphics, and cropped, altered, or modified. Guest agrees that they have no rights to the Images, and all rights to the Images belong to Management. Guest acknowledges and agrees that they have no right to consideration, financial reparations, or accounting, and that they will make no claim for any reason to Property.
INTERNET:
Wi-Fi Internet service is provided as a convenience only and is not integral to this Agreement. There will be no refund of Guest's Rate or other charges or fees for outages, content, lack of content, speed, access problems, lack of knowledge of use, or personal preferences with regard to Internet service. Management reserves the right to block websites. Guests may not visit malicious sites nor conduct malicious activity on the Property network. Guests may not hack or attempt to hack into other devices. Guests may not access other devices. Management reserves the right to terminate Guest participation on the network at any time for any reason. Guest shall notify Management of any damage to or malfunction of Wi-Fi equipment in Guest's Licensed Unit. Management has the right to enter the Licensed Unit and access such equipment without Guest's prior written consent for the purpose of inspecting, maintaining, or repairing such equipment.
PROPANE:
Guests will provide and install their own propane tank. Propane has a strong, unpleasant smell added deliberately by propane manufacturers to help alert users to propane leaks, which can create a safety hazard.
IF YOU SMELL AN UNPLEASANT SMELL, PLEASE CALL MANAGEMENT IMMEDIATELY AND DO NOT TURN ON ANY LIGHTS, ELECTRICAL EQUIPMENT, STRIKE ANY MATCHES OR LIGHTERS, ETC. PROPANE IS HIGHLY EXPLOSIVE AND CAN CAUSE BODILY INJURY OR DEATH.
AIR CONDITIONER:
On Licensed Units with mini-split air conditioners (non-window units), Guest are responsible for replacing batteries in the air conditioner remote control and changing. Guests can tell if the batteries are not working, because the temperature reading on the remote control will be different than that on the air conditioner control panel mounted to the wall. The head unit of the air conditioner must be cleaned every three (3) months. Management has the right to enter Guest's Licensed Unit without prior consent to clean the air filter. If Guest damages the air conditioner, they may be liable for all cost and payable by Guest in addition to any other fees, charges, or Rates regularly payable by Guest on the next occurring Payment Deadline.
CABLE TV:
Cable TV is NOT provided by Management. Should Guest wish to contract outside cable services (i.e. Dish Network, etc.), outside cable services must be pre-approved and coordinated by Management. Satellites and other communication devices CANNOT be attached to the Licensed Unit. Management may approve or deny the installation of any or all outside cable services (i.e. Dish Network, etc.), at its sole discretion.
DOOR LOCKS:
Guest may NOT change and or alter door handles and locks. Altering the door locking systems in any way constitutes a violation of this Agreement.
EMERGENCY OVERFLOW DRAIN (BATHROOM):
Should the emergency overflow drain be utilized to shed excess water, Guest must immediately notify Management. Guest must immediately notify Management of any water leaks in Guest's Licensed Unit.
EXTERNAL LIGHTS:
Should Guest wish to have more external lighting, they must submit such request to Management.
SMOKE AND CARBON MONOXIDE DETECTOR:
The Guest's Licensed Unit has smoke and carbon monoxide detectors installed which function properly as of the Effective Start Date. Guest is responsible for notifying Management if a detector begins "chirping" or making alarm noises. This is a mandatory requirement of all Guests. Management is responsible for changing batteries in the detector upon notice from Guest. Management reserves full right to check the status of detectors at any time. Guest is strictly prohibited from accessing or tampering with the detector system and/or removing detector batteries. If Guest disarms a detector, this Agreement may be terminated, and Guest will have to vacate the Property.
FIRE EXTINGUISHER:
Licensed Units are equipped with a fire extinguisher. The fire extinguisher was fully charged at the last inspection. It is the duty of the Guest to inform Management immediately should the fire extinguisher become less than fully charged. Guest agrees to use the fire extinguisher only for true emergencies and to contact Management if used. If Guest cannot locate a fire extinguisher, Guest must immediately notify Management.
KEYS:
Access to the Licensed Unit is provided by key. Guest agrees to return the set of keys after departure. All extra sets of keys should be left on the kitchen counter of Guest' Licensed Unit. No copies may be retained by Guest.
LOCATION:
Licensed Units must be always kept on Property. Trailer hitch and wheels have been removed to stop Guest from illegally moving the Licensed Unit.
PROHIBITED USE:
The Licensed Unit and Property shall be used only for private personal purposes and no business or commercial activity of any nature shall be conducted within the premises. The following acts or uses are prohibited and constitute material breaches of this Agreement:
- Towing or attempting to move the Licensed Unit
- Placing signs or lettering on the outside of the Licensed Unit
- Placing loudspeakers or other sound equipment on the exterior of the Licensed Unit
- Failing to summon the police or emergency personnel for an emergency
- Damaging the Licensed Unit by intentional, wanton, willful or reckless conduct
- Maintaining an animal within the Licensed Unit without prior written consent
- Sitting, standing or lying on the roof or structural exterior of the Licensed Unit (excluding porches or other foundations clearly intended for such use)
- Smoking in the Licensed Unit.
- Stringing a clothesline to the exterior of the Licensed Unit.
- Otherwise materially violating the terms of this Agreement and the Property Rules and Regulations attached hereto.
PROPERTY, PERSONAL EFFECTS, VALUABLES:
Valuable items must be secured by Guest. Management is not responsible for theft or loss of property. Upon termination of this Agreement, any property, personal effects, or valuables remaining on site will become the property of Owner. Guests are encouraged to obtain insurance covering the Guest's personal property.
RENTING OR SUBLETTING:
Guests shall not sublicense or otherwise grant or sell access to or use of all or any portion of Guest space or Licensed Unit. Guests shall not assign or encumber his or her interest in this Agreement, the Licensed Unit, or the Property. No consent to any assignment, encumbrance, sublicense, or other rent shall constitute a further waiver of the provisions of the paragraph. If Guest consists of more than one person, a purported assignment, voluntary, involuntary, or by operation of law, from one person to the other shall be deemed an assignment with the meaning of this paragraph.
REPAIRS:
Management must be notified immediately if Guest discovers any item that needs attention. If Management suspects a maintenance emergency, Management can access the Licensed Unit without Guest's prior written consent.
REPORTING:
Guests must immediately notify Management if there is a problem with the Licensed Unit, including but not limited to leaks of any type, flooding, electrical smells, smoke, electrical switches not working, loose, or wobbly cabinetry / appliances / furnishings / steps / any item that should have structural stability, smells of gas or propane, electrical concerns, etc. Guest must immediately notify Management if Guest becomes aware of any condition on the Property that could reasonably be expected to negatively affect the health, safety or security of Guest or any other person on the Property.
RESIDENCY:
Guest expressly acknowledges, represents and agrees that this Agreement is for transient, short- and medium-term use only, and that Guest does not intend to make the Property a long-term residence.
SECURITY:
Guest shall see to their own security while in the Property by locking doors and windows. Management is not responsible for providing any additional security services for Guest.
TELEPHONE:
Telephone service is NOT provided by Management. Guest can purchase a mobile phone for outside communication. No telephone landlines will be permitted.
USE:
Guest shall maintain the Licensed Unit in a good, clean, and ready to use condition, and use the Licensed Unit only in a careful and lawful manner. Guest shall leave the Licensed Unit in a ready to use condition at the expiration or termination of the Agreement, defined by Management as being immediately habitable by the next guest. Guest shall pay for maintenance and repairs if the Licensed Unit is in a lesser condition.
GUEST RESPONSIBILITIES:
All occupants are required to perform typical household duties, including, but are not limited to garbage removal, locking doors, cleaning in and around the Licensed Unit and notification to Management of any damages or problems with the Property or Licensed Unit.
WATER HEATER:
Some Licensed Units may have water heater switches located in the corner of the kitchen. As a safety precaution and to conserve electricity, Management suggests turning the water heater off when not in use. Consequently, if Guest does not have hot water, it may be a result of the switch being turned off.
WEATHER, ACTS OF GOD:
Management is not responsible for any weather conditions or acts of God or nature that happen during Guest's stay on premises and Guest is not entitled to any refund associated with same (including, without limitation, due to temporary electricity outage, water shutoff, or other discontinuation or interruption to utility or other services). Any damage to the Licensed Unit or Property caused by natural disaster (flood, earthquake, drought, wind, etc.), vandalism and or theft shall be covered at the Guest's expense and the Guest is encouraged to obtain renters insurance at the Guest's expense.
PESTS:
(i.e. ROACHES, BUGS, etc.). If Guest does not report pests (i.e. roaches or other bugs) in their Licensed Unit upon check-in (with the checklist attached hereto) or if Guest doesn't timely report them during the Term, Guest will forfeit their deposit. Guest must report pests to retain deposit.
APPLIANCES:
If the heating and or air conditioning fails, Management will provide Guest with other reasonable air cooling or heating devices until such repairs can be made. Food that is spoiled or any other damage to Guest property due to power outage, appliance malfunction or similar issues, will not be paid for by Management.
CARE OF LICENSED UNIT AND DAMAGES:
You must promptly pay or reimburse Owner for loss, damage, consequential damages, government fines or charges, or cost of repairs or service in the apartment community because of a violation of this Agreement; improper use, negligence, or other conduct by you, your invitees, your occupants, or your guests; or, as allowed by law, any other cause not due to our negligence or fault, except for damages by acts of God to the extent they couldn't be mitigated by your action or inaction.
Unless damage or wastewater stoppage is due to our negligence, we're not liable for—and you must pay for—repairs and replacements occurring during the term of this Agreement or renewal period, including: (A) damage from wastewater stoppages caused by improper objects in lines exclusively serving your apartment; (B) damage to doors, windows, or screens; and (C) damage from windows or doors left open.
PETS:
PETS MUST BE APPROVED. The right to keep a house pet in the Property must be obtained from Management in advance and in writing. A house pet is defined as a pet that spends any substantial amount of time indoors (within a Licensed Unit), and specifically includes (without limitation) any cat or dog. Management reserves the right to deny Guest a pet if a proposed pet poses a threat to the health, safety and or welfare of other Property guests and/or the risk to damaging the Licensed Unit and/or the Property. Guest agrees to comply with all additional rules and regulations related to the Property that may be incorporated by Management from time to time, including but not limited to as set forth in this Agreement. Management may change rules and regulations governing pets on the Property without advance notification. Outdoor pets are not permitted and house pets, if taken out of the Licensed Unit, must be on a leash unless in the dog park with the gate properly closed.
PET DEPOSIT:
Guest shall pay the amount of $500.00 deposit for each pet, which may be refunded (minus applicable cleaning, maintenance and or repair fees) upon termination of this Agreement, provided that any necessary repairs to the Licensed Unit or Property caused by the Guest's pet do not exceed such amount. A minimum cleaning fee of $150 will be deducted from the pet deposit. For example, if the Licensed Unit is left in good condition, Guest may only be eligible for a maximum of $350 refund from the pet deposit ($500 pet deposit - $150 cleaning fee). If Guest is in Guest Default, Guest will forfeit the pet deposit. All other terms that apply to the security deposit also apply to the pet deposit. Management may limit or restrict the number of or types of pets a Guest may have.
PET SITTING:
All animals must be pre-approved in writing for temporary pet care ("pet sitting") and a pet deposit must be paid. Upon the end of the pet sitting arrangement, an inspection will be conducted, and if the Licensed Unit is in good working order, the pet deposit will be returned minus the cleaning fee.
PET RULES:
If Management allows Guest to have pets on the Property, Guest is responsible for the pet's behavior, waste, and noise level. Guest agrees to immediately clean up after his or her pet and to be considerate of other Property Guest. Guest is liable for any damage or injury caused by his or her pet. Management is not responsible for accident, injury, or death of pet. Guest permitted to have pets must follow strict rules and standards including but not limited to those outlined herein and in the Property Rules and Regulations attached hereto. FAILURE TO COMPLY WITH ANY RULES MAY RESULT IN FINES AND OR THE TERMINATION OF THE AGREEMENT AND REQUIRE GUEST TO VACATE THE PROPERTY IMMEDIATELY.
LIMITATION OF LIABILITY:
ASSUMPTION OF RISK. Guest understands that utilizing the Licensed Unit and the Property entails inherent risks of physical and mental injury, including, without limitation: acts of God, amputation, animal bites, assault, bad actors, brain injury, broken bones, bruising, death, disease, drowning, electrocution, explosions, external bleeding, fire, flood, injury, internal bleeding, loss of income, loss of property, loss of work, mechanical failure, medical conditions, mental anxiety, mental stress, mud slides, paralysis, pest bites, poisonous animals, poisonous gasses, poisonous plants, property destruction, pulled muscles, scratching, sink holes, slipping and falling, structural collapse, structural failure, theft, twisted joints, wind. Guest has been given the chance to ask questions concerning the Licensed Unit and the Property, and all such questions have been answered to Guest's satisfaction. By utilizing the Licensed Unit and the Property, Guest is exposed to inherent risks, including but not limited to those listed herein. Guest shall utilize the Property and the Licensed Unit with the safety of themselves and others in mind.
THREAT REPORTING:
Guest shall immediately notify Management if there is an issue or threat that may harm any person or property.
WARRANTY OF PHYSICAL CONDITION:
Guest warrants that they are in a physical condition that will allow them to safely use the Property and Licensed Unit. Guest understands Management has not made, nor will make, any investigation into Guest's physical fitness or ability to use the Property and Licensed Unit, and Management is relying on Guest's warranty of physical condition. Should Guest's condition deteriorate to a point they can no longer safely utilize Property or Licensed Unit, they are to notify Management.
NO LIABILITY:
GUEST HEREBY INDEMNIFIES, RELEASES, AND AGREES TO PROTECT AND HOLD HARMLESS MANAGEMENT AND THE OWNER AND THEIR RESPECTIVE CURRENT AND FORMER, DIRECT AND INDIRECT PARENTS, SUBSIDIARIES, DIVISIONS, AFFILIATES, AND RELATED PARTNERSHIPS, JOINT VENTURES, OR OTHER ENTITIES; AND, WITH RESPECT TO EACH SUCH ENTITY, ALL OF ITS PAST, PRESENT, AND FUTURE MEMBERS, PARTNERS, PRINCIPALS, SHAREHOLDERS, DIRECTORS, OFFICERS, MANAGERS, AGENTS, EMPLOYEES, OWNERS, INSURERS, EMPLOYEE BENEFIT PROGRAMS (AND THE TRUSTEES, ADMINISTRATORS, FIDUCIARIES, AND INSURERS OF SUCH PROGRAMS) REPRESENTATIVES, AND ANY OTHER PERSONS ACTING BY, THROUGH, UNDER OR IN CONCERT WITH ANY OF THE PERSONS OR ENTITIES LISTED IN THIS SECTION, AND THE PREDECESSORS IN INTEREST, SUCCESSORS AND ASSIGNS OF EACH OF THEM (EACH AN "OWNER PARTY" AND COLLECTIVELY THE "OWNER PARTIES"), FROM ANY AND ALL CHARGES, COMPLAINTS, CLAIMS, DEMANDS, OBLIGATIONS, PROMISES, AGREEMENTS, DAMAGES, ACTIONS, CAUSES OF ACTION, SUITS, RIGHTS, COSTS, LOSSES, DEBTS, EXPENSES (INCLUDING ATTORNEY'S FEES AND COSTS), LIABILITIES, AND INDEBTEDNESS, OF EVERY TYPE, KIND, NATURE, DESCRIPTION OR CHARACTER, WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, LIQUIDATED OR UNLIQUIDATED (COLLECTIVELY, "CLAIMS"), ARISING OUT OF OR RELATED TO GUEST'S USE OF THE LICENSED UNIT, THE PROPERTY, AND ANY CONDITION THEREON, OR THIS AGREEMENT, WITHOUT LIMIT AND WITHOUT REGARD TO THE CAUSE OR CAUSES THEREOF OR THE NEGLIGENCE, GROSS NEGLIGENCE OR FAULT OF THE OWNER PARTIES. THIS INDEMNITY INCLUDES AN INDEMNITY FOR OWNER PARTIES' NEGLIGENCE, GROSS NEGLIGENCE, OR FAULT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANY OWNER PARTY BE LIABLE TO GUEST FOR ANY DAMAGES RELATING TO THE BREACH OR ALLEGED BREACH OF THIS AGREEMENT OR GUEST'S USE OF THE LICENSED UNIT IN EXCESS OF THE RATE.
LIABILITY RELEASE:
As a precondition to utilizing the Property, Guest agrees he/she will not sue the Owner Parties, and Guest, on behalf of himself or herself and his or her successors and assigns, does hereby forever release, discharge and acquit the Owner Parties from any and all Claims arising out of any loss, damage, or injury, including death, that may be sustained by Guest (or his/her guests and invitees) or to any property belonging to Guest, arising from the use of the Property and Licensed Units. Guest acknowledges and agrees that the release made herein constitutes a final, unconditional, irrevocable, and complete release of the Property Parties with respect to all released Claims, and that by signing this Agreement, Guest is forever giving up the right to sue or attempt to recover money, damages, or any other relief from the Property Parties for all claims Guest has or may have. To the maximum extent permitted by applicable law, this Agreement shall act as a release of all claims that may arise from the Agreement, whether such claims are currently known or unknown, foreseen, or unforeseen including, without limitation, any claims for damages resulting from the acts or omissions which occurred on or after the date of this Agreement.
MEDICAL EXPENSES:
As a precondition to utilizing the Property, Guest assumes full responsibility for payment of medical expenses incurred because of their use of the Property and Licensed Unit.
Miscellaneous:
ATTORNEYS' FEES:
In the event any legal proceedings of any kind are instituted to collect unpaid Rates, fees or other charges, or form damages to the Licensed Unit or the Property, Management may collect from Guest all reasonable costs and attorneys' fees incurred in pursuing such action.
WAIVER:
Management's failure to insist on strict compliance with the terms or conditions of this Agreement shall not be deemed a waiver of that term or condition, nor shall any waiver or relinquishment of any right or power at any one time be deemed a waiver or relinquishment of the right or power for all or any other times. The subsequent acceptance of payment of Guest's Rate, charges or fees by Management shall not be a waiver of any preceding breach of this Agreement by the Guest or any violation of Management's rules or regulations or failure of Guest to pay any Rate, charges, or fees, regardless of Management's knowledge of the preceding breach or violation of rules or regulations or failure to pay.
NOTICES:
All written notices and communications regarding this Agreement, should be sent to the designated undersigned persons at the addresses set forth herein unless notified in writing to the contrary by the receiving party in accordance with this sentence. Notice shall become effective as of the date of mailing by certified mail, or upon delivery by personal delivery or via a computer or phone-based application if provided by Management to the Guest for related Property communications, or upon Guest usage of the Payment Kiosk if integrated into the payment screens of the Payment Kiosk.
SEVERABILITY:
Should any provision of this Agreement be found, held, declared, determined, or deemed by any arbitrator or court of competent jurisdiction to be void, illegal, invalid, or unenforceable under any applicable statute or controlling law, the legality, validity, and enforceability of the remaining provisions will not be affected, and the illegal, invalid, or unenforceable provision will be deemed not to be a part of the Agreement.
SUCCESSORS AND ASSIGNS:
This Agreement and all its terms, provisions, covenants, conditions, rights, and obligations shall be binding upon and insure the benefit of the parties hereto and their respective successors, assigns, heirs, executors, and administrators. It is Guest's expressed intent that this Agreement shall bind the members of their family, including their spouse (if any), estate, heirs, administrators, assigns, and personal representatives.
ASSIGNMENT:
Guests shall NOT have the right to assign or sublet the Licensed Unit to any entity, person or persons.
PERSONAL INFORMATION:
Guest hereby agrees that Management may disclose personally identifiable information about Guest to law enforcement or other third parties in connection with enforcement of Management's rights under this Agreement and other business functions related to the Property.
ALTERATION OF THIS AGREEMENT:
This Agreement may be altered only by written Agreement signed by both of the parties or as required by applicable law.
EFFECT ON THIS AGREEMENT:
Guest agrees that this Agreement contains the entire agreement between the parties regarding the use of the Licensed Unit and the Property. All prior negotiations or stipulations concerning this matter which preceded or accompanied the execution of this Agreement are conclusively deemed to have been superseded by this written Agreement. This Agreement completely supersedes any prior agreement of the parties, whether in writing or oral.
ARBITRATION OF DISPUTES:
Property, Guest, members of Guest family including spouse, estate, heirs, administrators, assigns and personal representatives, agree to resolve any disputes and or claims they may have with each other through final and binding arbitration, including any claim or dispute rising from use of the Property. Guest also agrees to resolve through final and binding arbitration any disputes Guest has with any other Owner Party who elects to arbitrate those disputes under this subsection. Any legal proceedings necessary to remove Guest and their property from the Property or to prevent or otherwise stop Guest from violating any applicable law shall be excluded from the Arbitration of Disputes clause. Any arbitration shall be held in [Harris] County, Texas as its sole and exclusive venue. This agreement to arbitrate does not apply to government agency proceedings. Guests acknowledge that they understand the requirements in this section, that arbitration would be in lieu of a jury trial and GUEST HEREBY WAIVES ANY RIGHT TO A JURY TRIAL.
THEFT OF SERVICE:
According to TEXAS PENAL CODE SECTION 31.04, a person commits theft of service if, with intent to avoid payment for service that the actor knows is provided only for compensation, the actor intentionally or knowingly secures the performance of the service by agreeing to provide compensation and, after the service is rendered, fails to make full payment after receiving notice demanding payment. "Intent to avoid payment" is presumed if the actor absconded without paying for the service or expressly refused to pay for the service in circumstances where payment is ordinarily made immediately upon rendering of the service. Any Guest who leaves without paying for use of the Licensed Unit when due may be subject to criminal prosecution. Management reserves the right to prosecute any violations under the "THEFT OF SERVICE LAW."
CRIMINAL TRESPASS:
According to TEXAS PENAL CODE SECTION 30.05, a person commits an offense if the person enters or remains on or on property of another, without effective consent and the person had notice that the entry was forbidden or received notice to depart but failed to do so. That is, any Guest who receives notice to leave and refuses to do so may be subject to criminal prosecution. If we ask you to leave, you must vacate the Licensed Unit and Property. Management reserves the right to prosecute any violations under the "CRIMINAL TRESPASS LAW."
CLASS ACTION WAIVER:
To the maximum extent permitted by applicable law, Guest agrees that Guest hereby waives their ability to participate either as a class representative or member of any class action claim(s) against any Owner Party. While Guest is not waiving any right(s) to pursue claims against any Owner Party related to this Agreement, Guest hereby agrees to file any claim(s) against any Owner Party solely in their individual capacity, and Guest may not be a class action plaintiff, class representative, or member in any purported class action lawsuit ("Class Action"). Accordingly, Guest expressly waives any right and/or ability to bring, represent, join, or otherwise maintain a Class Action or similar proceeding against any Owner Party in any forum. Any claim that all or any part of this Class Action waiver provision is unenforceable, unconscionable, void, or voidable shall be determined solely by a court of competent jurisdiction. GUEST UNDERSTANDS THAT, WITHOUT THIS WAIVER, GUEST MAY HAVE POSSESSED THE ABILITY TO BE A PARTY TO A CLASS ACTION LAWSUIT. BY SIGNING THIS AGREEMENT, GUEST UNDERSTANDS AND CHOOSES TO WAIVE SUCH ABILITY AND CHOOSES TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY. THIS CLASS ACTION WAIVER SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT.
WAIVER OF LANDLORD-TENANT LAWS:
GUEST ACKNOWLEDGES AND AGREES THAT NEITHER THIS AGREEMENT, NOR THE USE OF THE LICENSED UNIT PROVIDED FOR HEREIN, CREATES A LANDLORD / TENANT RELATIONSHIP. ACCORDINGLY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GUEST HEREBY VOLUNTARILY AND KNOWINGLY WAIVES ALL RIGHTS AND BENEFITS OF GUEST UNDER TITLE 4, CHAPTER 24, AND TITLE 8 OF THE TEXAS PROPERTY CODE, AS SUCH STATUTES NOW EXIST OR AS MAY BE HEREAFTER AMENDED OR SUCCEEDED.
ACKNOWLEDGMENT:
Guest acknowledges that he and/or she have read, understood, and received copies of this Agreement, together with a copy of the Property Rules and Regulations, and further that he and/or she have read and understand each of these documents. Guest understands that by executing this Agreement, he and/or she will be bound by the terms and conditions thereof.