Rental Agreement

1. Designation of the rented premises

The present agreement concerns the rental of the premise located at 4211 Clairemont Dr, San Diego 92117, CA, United States. During the rental period, all parts of this property are privatized. The rental areas are strictly non-smoking. Pets are allowed.

2. Equipment available to the guest

The Host undertakes to provide the Client with all the household appliances and kitchen equipment included in the Property. This equipment must be returned in perfect condition and clean.

3. Use of rented accommodation

It is forbidden to bring more people than indicated on the reservation. The host will provide the bathroom linen for every guest on the reservation as well as the sheets. The guest will enjoy the premises, supplies, and equipment, and will return them at the agreed time in the same state.

4. Cleaning and Maintenance

The guest agrees to return the premises in a decent state, but is not required to perform a complete cleaning. The cleaning service is included in the rental price. The host reserves the right to apply a surcharge if the general state of the premises requires it. The Guest must tidy up the premises before his departure. Waste paper, household & organic waste, and recyclable items must, after conditioning, be deposited in the containers provided in the building.

5. Duration and price of the rental

The duration of the rental cannot exceed the reservation period. The guest agrees to pay the agreed rental amount for the reservation on the date it is due.

Obligations of the host

The Host is obliged to make the premises available to the guest on the date and at the time agreed for the beginning and end of the rental period. The host agree not to hinder the Customer’s enjoyment of the premises during the entire rental period.

6. Guest obligations

The guest agrees to:

● Pay the rent including tax at booking or when rent is due.

The guest reservation will be considered firm upon payment of the balance of the rent.

It is specified that the present contract will be terminated by right if any sum is not paid when due

or if a check issued by the Client is not honored by his bank.

The Client agrees to use the premises in a “good and orderly manner”. The Client and his guests must refrain from accessing any areas not stipulated in the contract.

7. Litigation and Liability

The host declines all responsibility for any physical accident occurring during the rental, and cannot be held responsible for thefts and damages on the goods of the guest or his group.

All guests must read and sign this release before receiving entry onto the property and into the hot tub. It applies to the primary guest, as well as all registered, invited and uninvited guests regardless of the reservation status and or age.

The maintenance of this hot tub is very costly for operation and cleaning. Please keep the tub clean. Do no enter without bathing and removing lotions, oils, soaps or debris. Do not enter the hot tub directly from the lake.

All guests accept all liability and agree to use extreme caution and care during their stay at the property. All that enter the hot tub assume all liabilities and waive all rights from the host of the property and business, H&D Stays LLC. Risks include:

Being injured or harmed in any way, including death or drowning.

The owner keeps the hot tub in good working condition and keeps the hot tub chemically balanced. The property uses a weekly survey to maintain the chemicals and cleanliness of our hot tub and to keep it in proper running condition.

When a guest departs, we shock the hot tub to get it ready for the next guest. It is normal to see white particles in the water, which is the bromide sanitizer. The hot tub should not be used for 24 hours after a chemical treatment.

Be clean before entering the hot tub. Shower and clean your feet before each use. When entering the hot tub, wash off all lotions and sun protection, along with any hair products.

Do not add anything to the hot tub, no oils, no soaps, no bubble bath, no other liquids, or any other type of harmful material shall be added to or used in the hot tub.

No glass products whatsoever are allowed in or around the hot tub. Please keep your drinks and bottles away from the hot tub.

If any items such as soaps, bath products, food, alcohol, et cetera, are found in the hot tub. The renter will be charged a cleaning fee of a hundred dollar minimum. If the renter or the above-mentioned person or persons damage the hot tub, the booking guests accept full responsibility and will pay for all damages and repairs.

You are using the hot tub at your own risk.

Do not use the hot tub while under the influence of alcohol or impaired by other medications. This increases your risk of drowning and or other accidents. High water temperature in a hot tub or spa will accelerate drowsiness. If a person has consumed alcohol or is taking drugs, there is an increased risk of drowning.

No children in the hot tub. This rule is imperative because children are at a greater risk for drowning. Children cannot regulate the extreme temperatures of a hot tub. Children may not be tall enough to stand in all areas of the hot tub. Hot tubs are dangerous for kids in every way. Supervise your children at all times during your stay.

Pregnant women, persons with heart disease, diabetes, or high blood pressure problems and elderly people should not use a hot tub or spa without doctor’s permission.

Hot Tub temperatures cannot by law exceed 104 degrees. Never use a hot tub or spa alone or unsupervised.

Limit time in the hot tub to 15 minutes.

Keep the cover on the hot tub at all times when not in use.

Carefully remove and replace the cover so as not to damage it, do not set anything on the cover. Do not walk or sit on the hot tub cover. If using the cover lifter, do not allow the arms to be over extended as they will break.

Do not use the hot tub if it is especially windy.

The renter agrees that there will be no horseplay in the hot tub. The guests agree to use the hot tub in a proper manner and to pay for all repair charges for damages caused by the guests.

No checks will be accepted for damages to the hot tub or hot tub cover. We do not charge an extra fee for the hot tub. The renter agrees that if they choose not to use the hot tub, no money will be refunded to them. The renter agrees that within 60 minutes of arrival, the renter will report any problems with the hot tub as this will give us the greatest chance of making repairs so that it can be used during the stay.

The renter further agrees to defend, indemnify, and hold harmless, Airbnb or other booking platforms, property managers, the property’s owners and employees from any, and all claims, damages, liabilities, or losses whatsoever arising out of, or in any way associated with the renter’s use of the hot tub, including, but not limited to death, personal injury or property damage. Staying in this property with a private hot tub involves risks.

Everyone on the premises accepts all risks and accepts the risk for the minors in their care.

The host declines any responsibility if any event occurs in the common areas of the house.

Any dispute relating to the execution of the present contract will be submitted, in the absence of an amicable agreement to the relevant authorities.

8. Sub-letting

The guest is prohibited from subletting the rented premises.

9. Supplies provided by the Host to the guest

The Host provides the guest with the following supplies in each space: dishes, glassware, household appliances, tables, and chairs.

10. Special rental conditions

– No moving of objects or equipment is allowed

– The elements of the wifi cannot be moved.

– Selective sorting is requested.

– Respect of the cleanliness of the place: cigarette butts and confetti are forbidden.

In case of non-respect of the above provisions, the host will be able to request monetary compensation for damage.

11. Conditions of termination and cancellation

a) Termination at the guest initiative

Any cancellation of this contract at the initiative of the guest must be sent to the Host by email. The sums paid can be refunded by the host if the cancellation occurs in the refund cancellation period.

If the guest does not show up within 24 hours following the arrival date indicated in Article 4, the present contract will become null and void and the host will then be able to dispose of the premises. The sums paid under the present contract will be retained by the host.

If the stay is shortened, or if it does not take place, the price of the rental will be retained by the host except in the case of force majeure (death of the Client or a close relative of the first degree or disabling illness of the guest). In this case, the host will reimburse the sums received minus the deposit(s).

b) Cancellation at the initiative of the host.

In case of force majeure or due to a third party, the host will be able to terminate the present contract and will propose another rental period to the Customer.

If the guest does not accept the new period proposed, the Host will proceed to the reimbursement of the sums received.

The refund of the amounts due will be sent to the guest.

The Host is exempt from any liability in the execution, partial or total, of the contract resulting from a fortuitous event caused by a third party or an act of force majeure.

The force majeure and the fact of a third party are understood to be any event that would make the premises unfit for rental.

The agreement and release are hereby incorporated into and made a part of any other agreement between the renter and owner-managers of the property. In the event legal action is commenced, to interpret or enforce the terms of this agreement, all costs, whether incurred during litigation or trial or on appeal will be paid for by the renter/guests. By signing this document, the renter acknowledges and represents that he or she has read the terms hereof and understands the legal effect of his or her signature.

I, the signer of this document, have read and agree with the terms of this agreement. I also recognize and fully understand certain things. No lifeguard will be on duty. My use of the hot tub and having a hot tub onsite involves certain risks. There is a risk of injury resulting from possible malfunction of pool equipment. There is a risk of possible injury from slipping or falling on wet surfaces or tripping over obstacles in the area. I recognize and fully understand that the above list is not a complete or exhaustive list of all the possible risks. The list only provides examples of the types of risks that I am assuming by staying at the property.

I hereby agree to the conditions of this document. I fully intend and choose to give up all my legal rights as stated. I agree to waive all claims that I have, or may have in the future against the owners, managers, employers, agents, and representatives herein referred to.

I, the signer of this document, am over the age of 18. This waiver release and agreement is fully effective and shall be effective and binding upon me and my heirs, next of kin, executors, administrators, and assignees or anyone else authorized to act on my behalf or on the behalf of my estate. I will follow all rules and guidelines.

I have read and understood this document. I am aware that by signing this document, I am waiving certain legal rights that I may have against the releasees, and I fully agree to do so.

By placing your name in the boxes below and submitting the form you will be signing the document. Please be aware that this document is signed via submission of this page