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SHORT – TERM LICENSE AGREEMENT THIS SHORT – TERM LICENSE AGREEMENT (this “Agreement” or “License”) constitutes a contract between the person(s) listed on page 2 (“Licensee”) and Robert L. Hines, Jr. (“Licensor”), to use the Dwelling described on page 2. LICENSE. It is understood and agreed that this Agreement is intended to be a license granting Licensee the limited use of the Dwelling defined on page 2, subject to the terms, conditions and limitations contained herein. Licensor does not grant Licensee any permanent or enduring interest in the land, building or other realty whatsoever nor shall any other relationship between the parties, including that of landlord and tenant, be implied or created by virtue of this License. This Agreement is not a Lease. LICENSEE MAY NOT CHECK-IN UNTIL AFTER 3:30 PM. LICENSEE SHALL CHECK OUT OF THE DWELLING NO LATER THAN 10:30 A.M. If Licensee fails to vacate the Dwelling prior to 10:30 Licensee will be subject to an additional charge of $25 per hour. PAYMENT POLICY: a. Damage Deposit. A 20% Damage Deposit is required to hold Licensee’s reservation and must be received by Licensor within 7 days after making the reservation. Payment of the Damage Deposit must be made by personal check or in Cash as defined herein. Licensor must receive payment of the Damage Deposit within 7 days of Licensee’s receipt of electronic confirmation of the reservation. CANCELLATION POLICY. No refunds will be given for any reason after October 15 regardless of when the reservation is made or when payment is made for the reservation. Licensee is advised to secure cancellation insurance. No refunds will be given for early check-outs or no-shows. No Refunds will be given for cancellation or interruption that occurs due to weather conditions. DAMAGE DEPOSIT. Licensor reserves the right to require a Damage Deposit of $500.00 at any time prior to full payment. If Licensor requires a Damage Deposit, Licensee shall have the right to request a full refund at that time. If the Damage Deposit is paid, it shall be refunded within 30 days after Licensee vacates the Dwelling to the extent it has not been utilized to pay for repairs to the Dwelling. GENERAL BEHAVIOR GUIDELINES. Licensee understands that Licensor will accept families (including children), married couples and responsible adults over the age of 21 only. House parties are strictly prohibited. Licensee certifies that he/she acknowledges and understands that the Dwelling can accommodate no more than 6 individuals (the “Maximum Capacity”) and agrees to abide by such limitations. Licensee will be required to vacate the Dwelling with no refund if Licensee exceeds the Maximum Capacity. Any complaints will be dealt with on an individual basis and Licensor may require an additional Damage Deposit if the situation warrants. REPAIRS – SUBSTITUTE PRMISES. Licensee understands that the Dwelling is a privately owned home and is being made available for use by Licensee. Should the Dwelling need repairs such that the Dwelling becomes temporarily uninhabitable, Licensor may provide Licensee with substitute comparable accommodations. In the event of a failure in heating or a major appliance and Licensor is unable to secure timely repair of the same after notice of such failure, a rate adjustment may be made at the discretion of Licensor at a rate not to exceed 10% of the basic daily rate. Licensor also reserves the right to move Licensee to comparable accommodations, if deemed necessary by Licensor, with no rate reduction. INDEMNIFICATION. Licensee agrees to defend, indemnify and hold Licensor, its employees and subcontractors and East-West Resorts, Moonlight Basin and Big Sky Resort harmless from and against damage whatsoever arising from, related to, or in connection with the rental and use of the Dwelling, including but not limited to any claim or liability for personal injury or damage or loss of property which is made, incurred or sustained by Licensee or any Licensee guest, family member, other licensees and invitees, including without limitation any personal injury or damage arising from the rental of equipment from Moonlight Basin and Big Sky Resort for use by Licensee or any Licensee guest, family member, other licensees and invitees. If any damage results from Licensee’s occupancy, Licensor is authorized to utilize the Damage Deposit to reimburse Licensor for the cost of repairing said damage. Licensor will not be liable for any damage to property or liable for any injury or death that may occur to Licensee or Licensee’s guests during Licensee’s occupancy in or on the Dwelling. KEYS AND PASSES: Licensee shall be issued 1 set of keys at check-in. Licensee shall be solely responsible for lost keys. If Licensee loses any keys Licensee shall pay for the cost of re-keying the Dwelling. Licensee shall not keep more than 2 cars at the Dwelling. Motor homes and/or recreational vehicles in the parking areas are strictly prohibited. LONG DISTANCE CALLS. Licensee agrees not to charge long distance telephone calls to Licensor’s phone. If Licensee charges any long distance telephone calls to the Licensor’s phone, Licensee will be liable for all charges incurred by Licensor, plus an administrative fee of $25.00 per call. PETS. PETS ARE NOT PERMITTED IN THE DWELLING. This policy will be STRICTLY ENFORCED. Licensor reserves the right to cancel Licensee’s reservation and occupancy with no refund, plus a charge $300.00 to clean the carpet and treat the Dwelling for fleas. SERVICE CHARGES. A $50.00 service charge will be incurred for any returned checks. Foreign Travelers: Licensee’s checks must be issued in U.S. funds and drawn on a bank that operates within the U.S. Federal Reserve System. There will be a $100.00 collection fee for checks not meeting this criterion. Licensor is not responsible for articles left in The Dwelling. There will be a $25.00 charge in addition to shipping charges for handling the return of any articles found by housekeeping. Items found and not claimed for 30 Days after the last day of Licensee’s occupancy shall be disposed of as determined by Licensor in Licensor’s sole discretion. TERMINATION. If Licensee breaches any conditions of this License, Licensor may terminate this License and enter the Dwelling. Upon notice of termination of this License, Licensee shall vacate the Dwelling immediately. GOVERNING LAW – ATTORNEY FEES – VENUE. This License shall be construed in accordance with the laws of the State of Washington. If Licensor and/or Licensor initiate legal proceedings to enforce rights under this License, the prevailing party shall pay the other party’s reasonable attorney fees and court costs. Licensee agrees that venue in any action to enforce the terms of this License shall be the state and federal courts sitting in King County, Washington and hereby consents to the personal jurisdiction of any proper court located therein. CONSTRUCTION. Because tourism is the largest industry in Big Sky, new houses, townhomes and condominiums are always being built. Licensee agrees to exercise care in and around any construction sites in Moonlight Basin and Big Sky Resort. RATES. Prices are subject to change at any time prior to payment, in Licensor’s discretion. Licensor is not responsible for typographical errors in any written or electronic advertisement, brochure or web site on the Internet. THE DWELLING: SADDLE RIDGE TOWNHOUSE F-4 ARRIVAL DATE: _____________________ No. of Adults (18 and over): ________ DEPARTURE DATE: _____________________ No. of Children (0-17): ________ TOTAL COST: _____________________ DAMAGE DEPOSIT: _____________________ LICENSEE: _________________________________________ ADDRESS: _________________________________________ _________________________________________ ________________________________________ |
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