Terms and Conditions

Traverse Area Vacation Rentals Terms and Conditions
THE LEASE/TERMS OF AGREEMENT is made between Traverse Area Vacation Rentals (referred to as "AGENT"), and the Undersigned, (collectively referred to as "TENANT"), is as follows:
NOW, THEREFORE, in consideration of the premises, good and valuable consideration the receipt of which is hereby acknowledged and the parties intending to be legally bound AGENT and TENANT mutually agree as follows:
1.  Term.  The term of this Lease shall be for a period subject to the terms of this Lease agreed upon by both AGENT and TENANT.  Said lease shall commence at 4pm for said date (check in) and shall terminate at 10am on said date (check out), unless otherwise specified and agreed upon by both parties.
2.  Quiet Enjoyment.  TENANT shall use the PREMISES for residential purposes only, in a quiet and peaceable manner, yield and deliver the PREMISES to LANDLORD in like condition as when taken, reasonable wear, tear and damage by the elements accepted.  Please be courteous to the neighbors who occupy their homes year round, as you will be asked to leave the home if problems occur, with NO refund.
3.  Damages and Theft.  If damage is done on the premises, TENANT agrees to compensate for such damages (ie. broken window) at TENANTS own cost.  If linens, household items, pictures, nick nacks, et. are missing as a result of theft by TENANT or a guest; TENANT will also be responsible for replacement value.  The home provides many items hand picked to make the TENANTS rental experience enjoyable. In the event that an attorney is required to help facilitate legal action, all court and legal expenses will also become owed by TENANT. 
4.  Repairs and Access.  TENANT accepts the PREMISES in an "as is" condition.  AGENT has made no representations as to the condition of the PREMISES except as herein provided and AGENT shall not be liable for any latent or patent defects.  Repairs necessitated by acts or negligence of TENANT or visitors or guests of TENANT may be made by AGENT, but charged to TENANT.  AGENT shall have the right to enter the PREMISES during reasonable hours and upon reasonable notice to TENANT, to examine the PREMISES or to make such repairs or alterations as AGENT deems necessary.
5.  Indemnity.  TENANT agrees to indemnify and hold harmless the AGENT and OWNER from any and all claims, demands or liabilities of whatsoever kind or nature which in any way arise out of TENANT's use and occupancy of the PREMISES, whether or not such claims, demands or liabilities arose in part from the negligence of AGENT or OWNER.  Subsequently, the OWNER(S) of the PREMISES shall be effectively protected by insurance; provided, however, if such liability exceeds the amounts of the effective and collectible insurance in question, the liability of TENANT shall apply to the excess.
6.  Liability.  OWNER(S), his/her employees and AGENTS shall not be liable for any damages to or loss of the personal property, or injury to TENANT or other occupants, guest or persons, caused by the building, or any part thereof, becoming out of repair through no fault of OWNER, by any acts or neglect of TENANT, guests, other occupants, trespassers, or any other persons, or by the happening of any accident in or to the building, except such damage or injury caused by the act or neglect of OWNER in failing to comply with statutory provisions made a part of this Lease under Michigan law. 
7.  Costs Incurred Under Default.  If TENANT defaults in any provisions of this Lease, and AGENT retains the services of an attorney with respect thereto, TENANT shall pay to AGENT all reasonable costs or fees incurred by AGENT, including reasonable attorneys' fees, or insofar as the costs or fees are permitted by statute.
8.  Contract Liability.    Any/all contracts that are executed MUST be executed by a current employee of Traverse Area Vacation Rentals to be valid.
9.  Occupancy.  Any additional guests that are not included with your reservation may be charged an additional rental fee, or asked to vacate the premises.  Any pet(s) found in a “non-pet friendly” home will be asked to be boarded, or you will have to vacate the premises, with NO refund.
                                                                  SECURITY DEPOSIT/PAYMENT TERMS:
1.  Rental Payment.  TENANT shall pay AGENT the sum of which was APPROVED by Traverse Area Vacation Rentals.  The payment will be payable to Traverse Area Vacation Rentals, 811 WEST FRONT STREET, TRAVERSE CITY MICHIGAN, 49684. 
2.  Deposit.  A rental deposit is due to be paid to AGENT upon execution of this Lease, and is deducted from the Rental Payment as stated above.   The balance is due 30 days PRIOR to your reservation.
3.  Cancellation Policy.    Termination of the lease by TENANT 90 days, or more, prior to the date of arrival shall allow the TENANT a full refund of any/all monies paid towards renting said property.  Any cancellation 45-90 days prior to arrival will receive a fifty percent (50%) refund; in addition, cancellations within 45 days will result in forfeiting deposit.  Any exceptions are to be made by AGENT.    
4.  Security Deposit.    A credit card number must be given as a security deposit for any/all damages occurred with any/all aspects of your rental, and will be charged in the event of such damages.  Excess trash, pet droppings and/or cigarette butts that need to be removed from the property will be charged $50.00 per violation to your card automatically.  The security deposit is equal to the “rental amount” stated with your reservation.
5.  Smoking.   ALL of our homes are “smoke free” inside the premises.  TENANT shall forfeit their deposit if there’s any evidence of smoking in the interior of the home; this shall include testimonies of “smell” by any owner or AGENT.
                                                    WATER CRAFT AGREEMENT OF TERMS FOR PARTICIPATION:
Due to the prevailing insurance situation and legal atmosphere in Michigan, we must insist that each participant be familiar with and agree to the following document. If you have any questions regarding any of the contents, please contact us prior to signing the document. The form must be completed and submitted with your final payment. No one may participate without submitting this document.
Thank you in advance for your compliance with these requests.
Please read carefully.
Please note that this document must be signed and received by our office before you can participate with the water craft listed below. By signing this document you are up certain legal rights with any/all water craft that pertains to your rental whether it’s included with your rental, or it was rented in addition to your rental.
I agree to this Release of Claims and Waiver of Liability. I understand that by using such water craft involve certain dangers, not all of which can be listed here. Among the more obvious and frequent are:
1. Inclement and unpredictable weather; which may cause injury due to extremes of wind and rain.
2. Hazards related to water craft on lakes and land.
3. Submersion in cold water resulting from upset of falling out of the water craft.
4. Unfamiliar areas where the participant may become lost or be separated from the rest of the party.
5. No operable land line phones at the location and inability to get rescue or medical assistance quickly or easily without the use of personal cellular phones.
6. Medical problems arising before, during or after using the water craft.
7. Alcohol related judgments regarding water craft (speed, occupancy, etc.).
1.  Pet Charge.  In the event that a pet(s) will be occupying the home there will be an additional $100 per pet, will be charged.
2.  Security Deposit.    A credit card number must be given as a security deposit for any/all damages occurred with any/all aspects of your rental, and will be charged in the event of such damages.
3.  Pet Damages.   Damages caused by pets may include and are not limited to damages caused; ripped or torn screens, stains by urine and other species, excessive hair that needs to be cleaned on carpets and/or furniture, scratches to furniture and/or flooring, damage to carpet by nail tears and/or destruction of chewing, as well as time involved in "cleaning up the lawn after the pet" left by TENANTS pet.
I am not relying on any oral or written statements made by Traverse Area Vacation Rentals, LLC it’s officers, employees, guides, agents and representatives, or owners; whether in brochures, advertisements, videotapes, in individual conversations or otherwise to lead me to become involved on any basis other than my assumption of the risks involved.
I accept all of the risks including the possibility of death, personal injury, property damage and loss resulting from my involvement with the water craft that I’m choosing to use.
I release Traverse Area Vacation Rentals, LLC its officers, employees, guides, agents and representative, or owners from any and all liability for any personal injury, death, property damage or loss I may suffer as a result of my participation, for any cause whatsoever (including negligence) on the part of Traverse Area Vacation Rentals, LLC its officers, employees, guides, agents and representatives, or owners.
I certify that I am physically capable and fit to participate in this activity and I have no prior medical conditions that would prevent me from safely participating.
I confirm that I am eighteen years of age of older. (Younger participants must have a parent or guardian read and sign this document.)
I confirm that I have read over this agreement before signing, that I understand it, and that it will be binding not only on me, but it will include all persons in which may use said water craft while my contract is in effect.  This agreement also binds my heirs, my next of kin, my executors, administrators and assigns.
I hereby agree to permit other members of the trip to take part as well and follow the guidelines set forth above as applying to them as well.