PLEASE NOTE BEFORE BOOKING:
This rental agreement includes a Zero Tolerance Policy for noise disturbances, over-occupancy, parties, or gatherings. Violations of the terms of this agreement will result in fines from $500.00 up to (and not exceeding) $10,000, as well as forfeiture of security deposits, and immediate termination of occupancy with no refunds. See Section 3 and 13 for details.
Please also note that, as opposed to a hotel room, vacation rentals typically have more square footage, bedrooms, mechanical systems, appliances, electronics, etc. Because of this, there is a much greater chance that something may need attention during your stay. In the event something does need attention, we promise to do everything within reason to remedy the situation; however we do not offer refunds.
See Sections 31, 32 and 33 for details.
Please do not proceed with booking if you, or anyone in your group, are not comfortable with these policies.
I herein referred to as (“Guest”), agrees to read and abide by the Terms of this agreement and ensure all other occupants abide by these terms. As consideration for the booking and use of Vacation Rental Property during the lease term, I agree to pay Luxury Rental Group, Inc. DBA Luxury Rental Group (“Manager”) for all items specified.
1. RESPONSIBLE PARTY: Guest is an adult at least 25 years of age and will be an occupant of Property during the entire reserved period, unless other arrangements have been pre-approved in writing by Manager. Guest’s valid form of government issued I.D. (Driver’s License, Passport) and a Guest List including full names and all ages are required to confirm any reservation. Guest agrees that all other occupants must present identification to Manager upon request. No keys or entry codes will be issued to anyone who is not 25 years of age and who is not the reservation holder unless other arrangements have been pre-approved in writing by Manager. Any reservation found to be obtained under false pretense will not be permitted to check-in and will be reported to the appropriate law enforcement agency. In addition, Guest will be subject to forfeiture of all monies paid to Manager. Guest agrees to comply with all posted condominium or homeowner rules and regulations applicable to use of the Property and the common areas and assumes responsibility for all other occupants.
2. CANCELLATION BY GUEST: Should Guest wish to cancel their reservation, notice of cancellation must be in writing, and it is Guest’s responsibility to verify receipt by Manager. Cancellation prior to 60 days of check-in will result in the forfeiture of Guest’s initial 50% deposit. Cancellation within 60 days of check-in will result in the forfeiture of Guest’s entire rent. If Property is rented and paid in full by another Guest at the same rate for the same time period, Guest will receive a refund of all rents paid, less a 25% cancellation fee. Trip cancellation insurance is highly recommended.
3. CANCELLATION BY MANAGER: If the property is deemed uninhabitable by Manager for reasons beyond Manager’s control including but not limited to deterioration, construction, loss of utility services, or if the house is being sold, etc every reasonable effort will be made by Manager to relocate Guest to comparable accommodations mutually acceptable to the parties (see section 36 for details). Should all other reasonable comparable options be unavailable manager may choose to refund all monies.
4. BREACH OF RENTAL AGREEMENT AND TERMINATION: Guest agrees that use of Property for any unlawful purpose including but not limited to the possession, serving, or consumption of alcoholic beverages by persons less than 21 years of age, parties, gatherings and other events conflicting with the provisions of this agreement or the rules of the homeowner’s association, are prohibited and furthermore, constitute a breach of this rental agreement. BY SIGNING THIS RENTAL AGREEMENT, GUEST ACKNOWLEDGES THE PRESENCE OF SECURITY CAMERAS LOCATED OUTSIDE THE HOME, AS WELL AS DEVICES FOR MONITORING EXCESSIVE NOISE AND CAPACITY INSIDE THE HOME. Tampering or disabling these devices constitutes a breach of contract and immediate termination of this agreement. Guest acknowledges that should Manager form reasonable suspicion that the terms of this agreement are being violated, Manager has the right to immediately inspect the premises at any time during Guest’s stay. Furthermore, Manager reserves the right to deploy a Patrol officer to enforce the terms of this agreement, including issuing warnings, fines and removal from property. Should Guest or any other occupants violate the terms of this Agreement, Guest agrees to vacate property in accordance herewith. Guest also agrees that a refusal to vacate Property constitutes trespassing, incurring possible criminal charges, and that Manager’s representatives and local law enforcement agencies may enter the premises and remove Guest, all occupants, and their belongings from Property. In this case, Guest forfeits all monies paid. In addition, Manager may impose fines that may exceed (3) times the rental amount.
5. RENTS AND PAYMENTS: In addition to the full security deposit, an advance payment of 50% of the rental fees is required up to 60 days prior to check-in date. The remaining balance is required at 60 days from the check-in date, and for reservations made less than 60 days from the arrival date, 100% of the balance is due upon booking. Initial payments must be made within 48 hours of this rental agreement being sent by Manager. Failure to return this signed agreement within 48 hours will result in the cancellation of Guest’s reservation. Accepted forms of payment are Visa, MasterCard and Discover, wire transfers, direct deposits, bank money orders, cashier's checks. Security deposits will be processed separately and must be paid for by credit card. Should Guest wish to use a different party’s credit card for payment, it must be pre-approved by Manager. Guest assumes all liability for any disputed or charged back amounts by said party. If Guest’s credit card is declined, the reservation will be considered null and void by Manager. If paying by check and check is returned for NSF, a $50 service fee per occurrence will occur. For reservations exceeding $20,000.00, funds must be paid by direct deposit or wire transfer. Should Guest fail to make final payment by the due date, Manager may in its sole discretion deem the reservation null and void. In the event incorrect rates are quoted due to a typographical, verbal or other website pricing error, Manager reserves the right to refuse any reservations listed incorrectly. Rates are confirmed once initial payment is processed. In the event the rate increases after initial payment, Manager will not require Guest to pay the difference. In the same way, should the rate decrease after initial payment, Manager will not adjust the price or offer a refund.
6. SECURITY DEPOSITS AND DAMAGES: A security deposit is always due in connection with all reservations. The security deposit is fully refundable and held up to 21 days after check-out. At this time, should no damages have been reported by Guest or Manager, the security deposit will be fully refunded on the same credit card it was charged. In the event Guest or any other occupant damages property during the course of their stay including but not limited to broken, lost, scratched, or stained items, reprogramming or reconfiguring of any audio/visual equipment and smart home technology the cost for repairs will be deducted from Guest’s security deposit. Should Manager be unable to recover costs from the security deposit or credit card on file, Guest is responsible to provide an alternative method of reimbursement within 48 hours of notification.
7. RESERVATION TRANSFERS: Should Guest need to transfer the reservation to a substitute Guest, substitute Guest must be approved in writing by Manager, and must agree to all terms and conditions. In addition, a $150 transfer processing fee will apply. Manager reserves the right to decline substitute Guest. In this event, the reservation will be deemed cancelled by Guest and normal cancellation fees will apply (see section 2 for details).
8. CHECK-IN PROCEDURES: Standard check-in time starts at 4:00 PM. Early check-in requests cannot be guaranteed and must be pre-approved in writing by Manager. Guest may secure an early check-in at a day-use rate, typically 50% of the nightly rate (some exceptions may apply, your Villa Specialist will confirm cost upon request). Keys or entry code will be provided once all fees and charges have been collected and on the day of check-in only. The reservation holder must be present upon check-in and to receive keys, all guests must sign and comply to Good Neighbor Brochure policies and City noise ordinances. In the event the home is not ready for check-in by 4:00 PM for reasons including but not limited to damages caused by prior guests, Guest Services will advise you of check-in time, however, no refunds will be issued. Upon check-in, a Client Ambassador will greet you at the property, review Good Neighbor Brochure, have all guests sign City Ordinance compliance, hand you the keys, give you a tour of the property and answer any questions you may have about the property and/or neighborhood. Please do not attempt to check-in or visit the home prior to notificationthat the home has been cleared for check-in.
9. CHECK-OUT PROCEDURES: Check out time is 10:00 AM at which time, housekeeping and maintenance staffs are scheduled to enter Property. Late check-out requests cannot be guaranteed and must be pre-approved in writing by Manager. Guest may secure a late check-out at a day-use rate, typically 50% of the nightly rate (some exceptions may apply, your Villa Specialist will confirm cost upon request). A $250 fee will be charged for each hour (or portion thereof) past the required check-out time and Guest will be liable for any additional damages incurred, but not limited to the cost of supplying alternative accommodations for arriving guests.
Each Property will be inspected, sanitized and cleaned prior to your arrival and after your departure. Guest should leave the Property in the same general condition as check-in :
I. All trash items must be removed from the home.
II. Any mess incurred by cooking, including dishes must be cleaned and properly stored.
III. Indoor and outdoor furniture must be in the same place as at time of check-in.
IV. All remote controls must be left in plain sight.
V. Refrigerator and Property must be clean and free of perishable foods.
VI. BBQ must be cleaned with brush.
VII. Lights; heater; air conditioner; fans; appliances, etc. must be turned off.
VIII. All doors and windows must be closed and locked.
XIX. If applicable, leave keys, garage openers, and/or parking passes on the kitchen counter.
The cleaning fee is for a standard cleaning only. If the home is left in poor condition and additional housekeeping is required, additional cleaning fees will be charged to Guest’s credit card on file at the rate of $50 per hour. A $50 per item fee will be charged for each lost key, and $100 for each garage door opener and remote control that is damaged or not left at the Property upon check-out.
10. OCCUPANCY: Guest understands and agrees that Property shall be occupied by no more than the number of individuals indicated on the website unless pre-approved in writing by Manager. A fee of $100 per day per person applies for additional occupants and may incur additional charges including but not limited to extra bed fees. Day/ evening guests are limited to 4 persons and must vacate the premises by 10:00pm. While Manager understands Guest may wish to entertain, Guest is responsible for getting more than 4 guests pre-approved by Manager in writing. All Guests must entertain in a reasonable manner and in accordance with the “Good Neighbor” policy and the City Ordinance (see section 13 for details).
11. AMENITIES: The Property is fully furnished, and includes ready-made beds, one set of towels per occupant and an equipped kitchen. Guest may request extra towels at an additional cost (your Villa Specialist will confirm cost upon request). Otherwise, most homes are equipped with washers and dryers for Guest’s convenience. Towels and linens are not to be taken from Property and fees will be enforced due to any lost or missing items. In addition, as opposed to a hotel room, vacation rentals typically have more square footage, bedrooms, mechanical systems, appliances, electronics, etc. Because of this, there is a much greater chance that something may need attention during Guest’s stay. In the event something does need Manager’s attention, Manager will make every attempt within reason to resolve the situation; however, no refunds will be issued. Guest acknowledges that furnishings and amenities are not new and may exhibit signs of wear and tear. Amenities and furnishings are subject to change and may or may not be the exact same as represented online. Manager will provide a starter kit which includes toiletry items, dish detergent, laundry detergent, toilet paper, paper towels, and other disposable items. Since a limited supply is provided, Guest should plan to shop to replenish these items if necessary. Manager assumes no responsibility for the quality or contents of any food products left on the premises and Guest’s use and/or consumption of same is not recommended and shall be at Guest's own risk(s).
12. TELEPHONES: Use of landlines is not typically provided and at Manager’s sole discretion. If provided, Guest agrees not to make long distance telephone calls or pay for any long distance or collect calls occurring during Guest’s stay. Emergency medical, fire and police service can be called by dialing 911. Many Properties are located in areas with poor cell phone coverage. Please verify with Manager if a land line is necessary or you are concerned with cell phone signal strength. No refund will be provided due to poor cell phone or internet coverage.
13. DISTURBANCES: This rental agreement includes a Zero Tolerance Policy for all noise related disturbances including but not limited to unauthorized parties, gatherings, and/or other events. In addition, all outdoor and some indoor speaker systems have been disabled in compliance with the Zero Tolerance Policy. Violations of the terms of this agreement will result in immediate termination of occupancy without the possibility of a refund and may result in fines up to or exceeding three (3) times the rental amount. Guest and other occupants shall obey the “Good Neighbor” policy meaning that they shall not create any disturbances disruptive to the quiet enjoyment of the premises. Guest agrees that no more than the maximum number of guests listed for the home will be staying at the home unless pre-approved in writing by Manager (see section 10 for details). Furthermore, daytime guests are limited to 4 per home. Anything over that constitutes an unauthorized party and subjects the Guest to possible cancellation without refund. Quiet hour starts at 10:00 PM, and outdoor noise or noise carrying outside from inside the home should be kept to a minimum regardless of the hour, and in compliance with the local Noise Ordinance.
14. GUEST’S NOTIFICATION RESPONSIBILITIES: Upon arrival, Guest agrees to examine the Property, all furniture, furnishings, appliances, fixtures, landscaping, if any, and shall immediately report within 12 hours of the discovery to Manager. If any items in the home are not in operating condition or in disrepair that should also be reported within 12 hours to the manager. Guest also agrees to address any housekeeping concerns at time of check-in. Failure to do so will release Manager from any responsibility in addressing these concerns at Manager’s cost during your stay. Guest agrees to immediately notify Manager of any occurrences that may cause damage to Property or adjacent properties and to take reasonable measures to mitigate damage. Guest acknowledges that any damage, breakage, lost or missing items on the Property during the occupancy will be Guest's responsibility and must be reported to Manager and paid prior to departure. In the event Guest does not notify Manager of any damages during their stay, cost for repairs and/or replacements and other service fees will be deducted from Guest’s Security Deposit (see section 6 for details).
15. MULTIPLE HOME RENTALS: Should Guest or acquaintance of Guest rent another property in proximity to Property, no items shall be moved from home to home. Having too many guests in one house creates extra wear and tear, risk of sewer problems and noise complaints.
16. GARBAGE: Guest shall dispose of all waste material generated during the rental period in a lawful manner and put the trash in the exterior trash bins provided for pickup. Contact Manager for garbage collection days. Guest is cautioned not to leave trash outside for long periods of time because it attracts pests. 17. SUBLEASING: Guest shall not sublet the Property. Subleasing is considered a breach of the rental agreement (see section 4 for more details).
17. SUBLEASING: Guest shall not sublet the Property.
18: SMOKING: No smoking is allowed on the premises. If smoking does occur on the premises, Guest will be held responsible for all damage caused by smoking including, but not limited to, stains, burns, odors remediation, removal of debris and loss of revenue in the event the home is not rentable after Guest's stay. Fines start at $2,000.00. In addition, Manager reserves the right to remove Guests from the home without the possibility of a refund.
19. PETS: Pets are strictly prohibited unless pre-approved in writing by Manager and a separate Pet Addendum has been signed in advance of occupancy. In this case,additional fees and/or deposits may be required (your Villa Specialist will confirm cost upon request). If an/several unauthorized pets (s) is/are found on the premises, Guest may and/or pet may be ordered to vacate the Property immediately and will be held responsible for any and all damage and remediation caused by pet(s), including pet allergen remediation, flea remediation and reimbursement to Manager for any refunds necessary to compensate affected future occupants.
20. TRANSIENT OCCUPANCY: Guest expressly acknowledges and agrees that this Agreement is for transient occupancy of the Property and that Guest does not intend to make the Property a residence or household.
21. OWNER’S PROPERTY: Guest agrees not to access the owner's storage area, even if unlocked, which contains the owner's personal property and may contain cleaning supplies and chemicals that could be hazardous to children and adults.
22. FIRE EXTINGUISHER: The Property is equipped with a minimum of one (1) fire extinguisher. The fire extinguisher was fully charged at the last inspection. It is the duty of the Guest locate the fire extinguisher, notify all other occupants and guests of its location, and to inform management immediately should the fire extinguisher be missing, or be less or become less than fully charged.
23. SMOKE / CARBON MONOXIDE DETECTORS: The Property is equipped with smoke detectors and a carbon monoxide detector and they are believed to function properly at the time of rental. Guest will notify management without delay if detectors are missing, uninstalled or “beeping”.
24. PARKING: Property parking may or may not be offered and it is Guest’s responsibility to ask Manager whether the home offers parking and ask for measurements. Guest is advised that in many high-density communities, parking is at a premium, and garages and parking spaces may be smaller than normal. Guest is advised to ask for measurements if parking is needed and to confirm parking is available. No refunds will be issued if parking is not available or if vehicles do not fit in designated spaces.
25. SECURITY: Alarm systems may or may not be offered and it is Guest’s responsibility to ask Manager whether Property is equipped with an alarm system. Furthermore, Guest shall take steps to ensure their own safety and the security of the Property by locking doors, windows, garage doors, etc. when it's prudent to do so when all guests are absent and at time of check-out. Guest acknowledges property’s security system may or may not include exterior cameras for security purposes.
26. PROPERTY ALTERATIONS: Guest shall not make or permit any alterations to be made on the premises, change or add any lock without prior written consent from Manager. Any unauthorized alteration made to the Property will be considered damage done and incur repair costs and other fees which will be deducted from Guest’s security deposit (see section 6 for details).
27. LOST ITEMS: Manager shall bear no responsibility for lost, stolen or abandoned items. Every reasonable effort will be made to contact the Guest for return of items. A $25 handling fee plus shipping costs for any found items returned at Guest's request will be charged. Manager shall not be held liable for condition of said items. Any items not claimed for longer than 30 days, may be donated or sold.
28. TV/CABLE/INTERNET/SATELLITE: These services may or may not be offered and it is Guest’s responsibility to ask Manager whether the home is equipped with such systems. If provided, no refund of rents shall be given for the number of devices, outages, content, or lack of content and any other personal preferences with regards to cable/ internet/satellite services. Services are provided as a convenience only and are not integral to this agreement.
29. AIR CONDITIONING / HEATING: Properties may or may not be equipped with air conditioning and it is Guest’s responsibility to ask the Manager whether the home is equipped with such systems. If so equipped, and if not regulated otherwise, Guest agrees that Air conditioning shall not be set below 72 degrees and heat shall not be set above 78, and that the fan setting shall be set on "Auto". Doors and windows shall be closed when either heat or air conditioning is being used. No refunds will be issued for lack of, or malfunctioning HVAC units.
30. POOL AND SPA: Properties may or may not offer a pool/jacuzzi and it is Guest’s responsibility to ask Manager whether the Property is equipped with such features. If so equipped, spa heating is included in the rental fees. Pool heating, unless solar equipped, will be charged at an additional $100.00 / day fee for the entirety of Guest’s stay and may not be prorated based on usage. Pool heating fees must be paid for at the time of booking. Guest agrees not to tamper with pool heat controls or manipulate heater in any way. Pool heat shall not exceed 86 degrees. Higher temperatures will incur double the fees. Guest understands that the area surrounding the pool and spa may not be fenced or secure. Guest also understands and agrees to be responsible and liable and will pay Manager upon request for any damages that occur to the pool and spa and its support equipment through misuse and/or gross negligence.
31. SYSTEM(S) / FURNISHING / AMENITY FAILURES: In the event the Property sustains a failure of a system, including but not limited to water, sewer, septic, electrical, gas, plumbing, mechanical, appliances, heat pump, ventilating, pool, hot tub or other system or structural systems, furnishings or amenities, Manager will make every reasonable effort to repair or replace the failed system or equipment, and in such event, Guest agrees to grant reasonable Property access to Manager or its service provider to inspect and make such repairs. Neither the Property Owner nor the Manager shall be liable to the Guest for damages, nor will any refunds be issued for such failures.
32. NOISE TRANSMISSION: Insulation varies from Property to Property. Furthermore, the home may not be equipped with noise canceling windows and it is Guest’s responsibility to ask if Property is equipped with such features. Guest is aware that if Property is located in a high-density neighborhood, it is, therefore, subject to noise from nearby residences, businesses- and general traffic. Nearby construction could also affect Guest’s stay. If Property shares common walls, ceilings or floors, noise with another Property, Guest acknowledges that noise may travel in between. No refund will be issued for disturbances caused to Guest by noise transmissions as described herewith.
33. FORCE MAJEURE: In the event cancellations or alterations are due to circumstances amounting to “force majeure” or reasons beyond Manager’s control including but not limited to fire, natural disasters, civil unrest or other reasons beyond its control. In such cases, Manager cannot be held responsible. Trip cancellation insurance is highly recommended.
34. SALE / LEASE OF PROPERTY: If Property is actively listed for sale or lease, Manager will notify Guest prior to booking as viewings and other inspections may be scheduled during Guest’s stay.
35. CONSTRUCTION: Manager is not responsible for any construction noise beyond the Property. Guest acknowledges that Manager has no control over the hours of work or noise level of any construction beyond the Property. Audible construction noise shall not void or negate this Agreement, nor shall it serve as a basis for claim for refund, price reduction, or any other compensation.
36. WAIVER OF LIABILITY: For spa, hot tub, Jacuzzi, whirlpool, pool, sauna, pond, etc. herein referred to as “Special Feature”. If so equipped, it is the Guest's responsibility to learn about safety precautions, warning signs of water conditions, and safety procedures concerning swimming in or being around the Special Feature. Guest understands that the area surrounding the Special Feature is not fenced or secure, and there are special risks that may be involved for anyone, in particular children who are not carefully supervised, person(s) intoxicated, on any kinds of drugs or medication, with health risks, or if pregnant. Guest agrees to explain the risks of the presence and use of the Special Feature to all guests at the Property. Guest agrees to instruct all guests on premises not to access any off-limit, or unsafe sections of the Property including roof-tops. Guest agrees to assume all responsibility for Guest and other guests, for the consequences of those risks and to be fully and solely responsible for any accidents that may occur. Guest agrees to waive any claim whatsoever against Property Owner or Manager for accidents or claims and to fully indemnify and hold Property Owner and Manager harmless from any claims arising out of injuries resulting from use or presence of any spa, hot tub, Jacuzzi, whirlpool, pool, sauna, pond, or other body of water.
37. RELOCATIONS: If for any reason, the Property is not available or becomes unavailable or uninhabitable for the reservation dates, every effort will be made to locate substitute accommodations. If the substituted Property rents for more during the same period, or remaining period respectively, Guest may be asked to pay any additional charges. However, if the substitute Property rents for less for the same period, the difference will be refunded to Guest.
38. LIMITATION OF LIABILITY: Liability under this agreement, and liability stemming from the relationship created by this agreement, shall be limited to the amount of the rent payment collected hereunder and, under no circumstance shall Manager be liable for damages exceeding the rental price, such damages including but not limited to consequential damages, punitive damages or emotional distress damages. It is highly recommended that Guest considers the purchase of travel insurance.
39. AGENCY: It is mutually understood and agreed that Manager is acting as Agent. Furthermore, Guest understands that Agent is being compensated in this transaction by the Property Owner and is contractually obligated to protect the interest of same.
40. HOLD HARMLESS: The Guest shall indemnify and hold harmless Manager, from any and all actual or alleged claims, demands, causes of action, liability, loss, damage and/ or injury (to Property or persons, including without limitation wrongful death), whether brought by an individual or other entity, or imposed by a court of law or by administrative action of any federal, state, or local governmental body or agency, arising out of Guest’s stay at the Property and the performance of the Agreement. Guests also expressly recognize that any insurance for Property damage or loss which the Landlord may maintain on the Property does not cover the personal property of Guests and that Guests should purchase their own insurance if such coverage is desired.
41. WRITTEN EXCEPTIONS: Any exceptions to the above mentioned policies must be pre-approved in writing by a Manager.
42. DISPUTES: This agreement shall be governed by and construed in accordance with the laws of the state of California. All disputes hereunder, which exceed $10,000 in value, shall be submitted to binding arbitration in the county of Los Angeles California before ADR Services, Inc. For disputes exceeding $10,000, the parties expressly waive their right to a jury trial. All disputes in amounts less than $10,000 shall be submitted to small claims court in the county of Los Angeles, California. Guest agrees to pay all reasonable costs, attorney's fees and expenses that shall be made or incurred by Manager enforcing this agreement.
43. SIGNATURES: Facsimile signatures are deemed original signatures and approving online terms and conditions constitute approval of the terms and conditions.
44. CREDIT CARD AUTHORIZATION: Guest agrees to provide Manager with a valid credit card for the duration of the reservation. Guest is providing the credit card as a guarantee. Guest certifies that he/she has read and agrees to abide by the terms of this agreement and agrees to pay and authorize the Manager to charge any rental amounts, taxes, security deposits, extra cleaning, missing property and any damages and fines or charges pertaining to violations of the rental agreement. Guest understands that all credit card sales are final. Should manager be unable to recover costs from the credit card on file, Guest is responsible to provide an alternative method of reimbursement within 48 hours of notification.
45. EVENTS: Any event including but not limited to birthday celebrations, weddings and networking events must be pre-approved in writing by Manager. Event fees may apply (your Villa Specialist will confirm cost upon request). Any unauthorized event will be considered a breach of this rental agreement and immediate termination of occupancy and subsequent financial penalties will apply (see section 4 for details). Property film footage for commercial use is strictly forbidden unless pre-approved in writing by Manager. In addition, filming permits will be required and additional fees may apply (your Villa Specialist will confirm cost upon request).
46. OUTSIDE VENDORS: Manager provides full Guest and Concierge services and Guest agrees to fulfill any additional service requests including but not limited to housekeeping, rental equipment, private chef and wellness services via Manager’s Guest and Concierge services. Should Guest wish to use Guest’s own vendors, these must be pre-approved in writing by Manager. In no case should Guest have vendors that were not pre-approved by Manager on the premises. Damages not abiding by these policies may incur additional fees or withholding of deposit.
47. MEDIATION AND ARBITRATION: Any dispute arising under this Agreement shall be resolved through a mediation-arbitration approach. The parties agree to select a mutually agreeable, neutral third party to help them mediate any dispute that arises under the terms of this Agreement or the relationship created by this agreement. Costs and fees associated with the mediation shall be shared equally by the parties. If the mediation is unsuccessful, the parties agree that the dispute shall be decided by a single arbitrator by binding arbitration under the rules of the ADR Services Inc. in Los Angeles, California, the cost of which shall be borne equally by both parties. The decision of the arbitrator shall be final and binding on the parties and may be entered and enforced in any court of competent jurisdiction by either party. The prevailing party in the arbitration proceedings shall be awarded reasonable attorney fees, expert witness costs and expenses, and all other costs and expenses incurred directly or indirectly in connection with the proceedings.
48. OTHER TERMS:
SEVERABILITY: If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.
BINDING EFFECT: The covenants and conditions contained in the Agreement shall apply to and bind the parties and the heirs, legal representatives, successors and permitted assigns of the parties.
GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the laws of the State of California.
ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the parties and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement. This Agreement may be modified in writing and must be signed by both Property Manager and Tenant.
NOTICE: Any notice required or otherwise given pursuant to this Agreement shall be in writing and mailed certified return receipt requested, postage prepaid, or delivered by overnight delivery service, or sent via email, if to Guest, at the Premise or Guest’s provided email address, and if to Property Manager, at the address for payment of rent or firstname.lastname@example.org. Either party may change such addresses from time to time by providing notice as set forth above.
CUMULATIVE RIGHTS: Property Manager’s and Guest’s rights under this Agreement are cumulative, and shall not be construed as exclusive of each other unless otherwise required by law.
WAIVER: The failure of either party to enforce any provision of this Agreement shall not be deemed a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement. The acceptance of rent by Property Manager does not waive Property Manager’s right to enforce any provision of this Agreement.