Address: Indiana 

Pets Allowed: No aggressive pets allowed. Pets over 20 lbs require management approval.

Smoking Allowed: No

Parking: May Include one parking spot, on premises

Email: support@caritashomes.org

ROOM RESERVATION - Check in is 10am and check out is 12pm daily

This Reservation Agreement is subject to the terms and conditions stated below for any guest interested in making a reservation. By making a reservation, you agree to everything within this statement. If you do not agree, you must do so in writing and your reservation will not be accepted or made.

1. PREMISES. Property Manager, in consideration of the reservation payments provided in this Reservation, provides to Guest a room in 522 South Cherry Street, Columbus IN 47201(the “Premises”). No other portion of the building (hereinafter, the “Building”), in the Premises is included unless expressly provided for in this Agreement.

2. TERM. The reservation term will begin on the date requested by the Guest (“Commencement Date”) and will renew week-to-week unless the Guest states otherwise, or the daily rate is paid. Guest may terminate the reservation at any time, but refunds will not be given. Property Manager may terminate the reservation at any time if the Guest breaks any part of this statement. Guest shall vacate the Premises upon termination of the reservation, unless: (i) Property Manager and Guest have extended the reservation in writing or have signed a new Reservation; (ii) mandated by local law; or (iii) Property Manager accepts Payment from Guest (other than past due Payment). The terms cannot last more than 28 days before needing to be renewed. All other terms and conditions of this Agreement shall remain in full force and effect.

2.1 PRORATED PAYMENT.

For the period from Guest’s move-in date through Friday Guest will pay to Property Manager a prorated weekly payment unless the daily rate is paid. This amount will be paid on or before the date the Guest moves in.

3. PAYMENT; RESERVATION PAYMENTS. “Payment” shall mean all monetary obligations of Guest to Property Manager under the terms of this Reservation, except the Security Deposit.

(a) For weekly payments, Guest shall pay to Property Manager initial weekly base reservation payment per week, payable in advance on Friday of each week for the duration of the Reservation (“Weekly Payment”). A one-day grace period will be allowed. Guest’s Weekly Payment will be considered delinquent if not paid by Friday each week. Beginning Saturday, Guest will begin accruing late fees of $5.00 per day. If the Guest is not staying for the full week, they will pay the daily room payment price and it must be paid daily.

Reservation payments shall be made to Property Manager at the address noted in the Notices provision of this Reservation. which may be changed from time to time by Property Manager. If the Commencement Date of the Reservation falls on any day other than the day payment is payable under this provision, and Guest has paid one full week’s Payment in advance of the Commencement Date, payment for the second calendar week shall be prorated based on a 7-day period.

(b) Payment shall be paid by the following method(s):

Cash

Money Order

Cashier’s Check

Direct Deposit (this includes Zelle)

All checks are to be made out to and addressed to:

Caritas-Indiana LLC

At no time will an additional occupant be allowed without Property Manager’s written approval. In the event of Property Manager’s approval of additional occupants, Guest will be responsible for collecting payment from all occupants and submitting a single payment to Property Manager. Guest is responsible for any payment made by mail and not received by the due date stated herein. Mailed Weekly Payment payments must be received on or before the due date. Reservation payments for any partial week will be pro-rated at the rate of 1/30th or the 1/31st when that applies of the weekly reservation payment per day. Property Manager may apply any payment made by Guest to any obligation owed by Guest to Property Manager regardless of any dates or directions provided by the Guest that accompanies a payment.  Property Manager has complete discretion to accept or reject payments from third parties. Property Manager’s acceptance of a payment by a third party does not override the previous statement and Property Manager will continue to have full discretion to accept or reject payments submitted or written by third parties. Weekly reservation payments received in prior weeks to which the payment is due will be held by the Property Manager uncashed in a secured location and deposited on the first of the week.

4. SECURITY DEPOSIT. At the time of the signing of this Reservation, Guest shall pay to Property Manager a security deposit. No trust relationship between Property Manager and Guest is created because of the Security Deposit and Property Manager has full authority to commingle the Security Deposit with other funds of Property Manager. The deposit is only paid during the initiation of the reservation, if the reservation is renewed a new deposit is not paid. The deposit is non-refundable.

Property Manager may apply all or a portion of the Security Deposit as allowed by law including, but not limited to:

 (i) Guest’s obligation to restore, replace or return personal property, (ii) cure Guest’s default in payment of Weekly Payment (including late charges, non-sufficient funds or other amount due), (iii) repair damage, excluding ordinary wear and tear, caused by Guest or by a guest or licensee of Guest, and (iv) clean the Premises, if necessary, upon termination of the tenancy. Property Manager shall, within the time period allotted by law, refund any balance after such deductions to Guest after Guest has vacated the Premises. For the purposes of this paragraph Guest will have vacated the premises when Guest returns all keys to Property Manager and has surrendered the Premises.  The balance of the Security Deposit will be mailed to Guest at a forwarding address provided by Guest to Property Manager. If no forwarding address is provided, Property Manager will mail to the Premises. Property Managers check may be made to all Guests regardless of Property Managers knowledge of which Guest submitted the original Security Deposit. Guest may NOT apply any portion of the Security Deposit to the last Weekly payment. If any portion of the Security Deposit is applied by Property Manager to any obligations of Guest at any time during the Reservation Term, Guest must, upon 5 days written notice, reinstate the Security Deposit to its full original amount.

Property Manager and Guest agree that the Security Deposit is not payment and therefore not subject to the Payment Ordinance.

5. POSSESSION. Guest shall be entitled to possession on the first day of the term of this Reservation, and shall return possession to Property Manager on the last day of the term of this Reservation, unless otherwise agreed by both parties in writing. At the expiration of the Reservation Term, Guest shall remove its goods and effects and peacefully return the Premises to Property Manager in as good a condition as when delivered to Guest, ordinary wear and tear excepted.

6. USE OF PREMISES/ABSENCES. Guest shall occupy and may use the Premises as a full-time residential dwelling unit, but it is understood this is a daily rental that can be reserved up to a week at a time. Guest shall notify Property Manager of any anticipated extended absence from the Premises in advance of said extended absence. No retail, commercial or professional use of the Premises is allowed unless the Guest receives prior written consent of the Property Manager and such use conforms to applicable zoning laws. In such case, Property Manager may require Guest obtain liability insurance for the benefit of Property Manager. Property Manager reserves the right to refuse to consent to such use in its sole and absolute discretion. Smoking is not permitted in any common area around the building. In addition, the Premises is dedicated as non-smoking and Guest agrees to not smoke or permit smoking in the Premises. Notwithstanding any law to the contrary, the growing, cultivation, sale, or use in any form, of marijuana, for any purpose, is not permitted in or about the Premises, at any time, by Guest, or Guest’s guests, invitees or friends. The failure to abide by the provisions of this section shall constitute a material breach of this Reservation and is a just cause for removal from building.

7. OCCUPANTS. No more than 1 person may reside on the Premises unless the prior written consent of the Property Manager is obtained. This Reservation and occupancy of the premises is legally binding, jointly and severally, on each person(s) specifically named and who signs this Reservation, regardless of the named person’s occupancy of the Premises. Each Guest signing this Reservation, agrees to be jointly and severally liable to Property Manager for performance of the Reservation terms including, but not limited to, any written amendment to this Reservation, in which shall also include, but not be limited to, being held responsible for the entire amount due under this Reservation and for the acts and omissions of each Guest signing this Reservation and each Guest’s invitees. Guest may not have a guest on the Premises overnight, and guests may not spend over 12 hours at the premises any given day. Guest must obtain the prior written approval of Property Manager if a guest of Guest will be present at the Premises overnight.

7. 1. POLICE ACTIVITY. Any police activity on the property for any reason will be reported to the Property Manager within 24 hours.

8. FURNISHINGS. A shared kitchen and at least 1 bathroom will be provided. Guest shall keep shared areas in good condition. Leaving a shared area in a bad or dirty condition may result in the termination of this reservation.

9. WATERBEDS. Waterbeds and/or liquid filled furniture are PROHIBITED.

9.1. WEIGHT LIFTING EQUIPMENT.  At no time will weight lifting equipment be used or stored on the premises.

9.1.1 Electric Heaters. At no time can electric heaters be used. If you are found to be using an electric heater it is a $25 fee per infraction.

10. DAMAGES. Any damages to the following items of property located in or on the premises will result in a charge to the Guest as indicated herein:

10. 1. DAMAGES. Any damage to the property will be reported to the Property Manager within 24 hours.

10. 2. WALL HANGING DEVICES. At no time will lag bolts, large screws to be used to hang pictures or mount television sets on any wall surfaces, be allowed in the Premises. Large hanging device is by approval by Property Manager only. Television shall be on a stand and NOT wall mounted.

10.3. At no time will guest duplicate additional keys to access the premises.

11. PETS. No pets, dogs, cats, birds, fish or reptiles. No animals shall be allowed on the Premises, even temporarily or with a visiting guest, without prior written consent of Property Manager. If required by law, Service Animal(s) are the only exception to this rule. If a pet has been in the Premises or allowed into the building, even temporarily (with or without Property Manager’s permission) Guest may be charged for cleaning, de-fleaing, deodorizing or shampooing any portion of the building or premises at the discretion of Owner. Strays shall not be kept or fed in or about the Premises. Strays can be dangerous and Property Manager must be notified immediately of any strays in or about the premises.

12. KEYS. Guest will be given keys. If all keys are not returned to Property Manager following termination of the Reservation or if a key is lost, Guest shall be charged $75.00 for labor and $25 per key that needs to be replaced. Guest is not permitted to change any lock or place additional locking devices on any door or window of the Premises without Property Manager’s approval prior to installation. If allowed, Guest must provide Property Manager with keys to any changes lock immediately upon installation.

Key Listing:

1 Front Door Entrance Lock.

1 Room Key.

13. LOCKOUT. If Guest becomes locked out of the Premises, Guest will be charged $10.00 to regain entry per incident.

13.1 SMOKING POLICY. Absolutely no smoking on the premises at any time. This is to include inside the Premises and on the balcony or patio. If necessary, Guests or guests are required to smoke in the parking lot. All cigarette buds are to be distinguished and disposed of properly and safely.

Smoking is only allowed in designated areas. The designated area is in the parking lot 15 feet from the building in any direction. If you are found smoking in a different area, or leave cigarette butts on the ground, there is a $25 fee per infraction.

14. STORAGE. No additional storage space outside the premises is provided or authorized by this Reservation. Guest shall not store any property in any area outside of the Premises at any time. This includes the stairs and walking path to the front door.

15. ROOF/FIRE ESCAPES (if applicable). Use of the roof and/or the fire escapes by Guests and/or guests is limited to emergency use only. No other use is permitted.

16. PARKING. Parking is permitted as follows: guest shall be entitled to use 1 parking space for the parking of a motor vehicle. The right to parking is included in the payment charged pursuant to “Payment; Reservation Payments.” Parking space(s) are to be used for parking properly licensed and operable motor vehicles, except for trailers, boats, campers, buses or trucks. Guest shall park in assigned space(s) only. Parking space(s) shall be kept clean at all times. Vehicles leaking oil, gas, or other motor vehicle fluids shall not be parked on the Premises. Mechanical work or storage of inoperable vehicles is not permitted in parking space(s) or elsewhere on the Premises. All vehicles parked shall be correctly parked and even within the lines of the given space.

17. MAINTENANCE. Guest must promptly notify Property Manager in writing of any maintenance issues. Guest can also go to https://caritashomes.org/requests to submit a maintenance request. Guest will be responsible for: Keeping the Premises, carpet, shared areas, and/or appliances in clean and good working order.

Keeping the front door access walk way and stairs clear at all times including trash. Except in an emergency, all maintenance and repair requests must be made in writing (or by email) and delivered to Property Manager or its Agent. A repair request will be deemed permission for the Property Manager or its Agent to enter the Premises to perform such maintenance or repairs in accordance with Indiana IC 32-31-5-6 and ACCESS BY PROPERTY MANAGER TO PREMISES herein unless otherwise specifically requested, in writing or text by Guest. Guest may not place any unreasonable restrictions upon Property Managers or Property Manager’s Agents access or entry. Property Manager shall have expectation that the Premises is in a safe and habitable condition upon entry. Guest acknowledges that the Premises and the building from time to time may require renovations or repairs to keep them in good condition and repair and that such work may result in temporary loss of use of portions of the building or Premises and may inconvenience Guest. Guest agrees that any such loss shall not constitute a reduction in housing services or otherwise warrant a reduction in payment. Further, subject to local law, Guest agrees, upon demand of Property Manager, to temporarily vacate the Premises for a reasonable period, to allow for fumigation (or other methods) to control wood destroying pests or organisms, or other repairs to the Premises. Guest agrees to comply with all instructions and requirements necessary to prepare Premises to accommodate pest control, fumigation or other work, including bagging or storage of food and medicine and removal of perishables and valuables. Guest shall only be entitled to a credit of Payment equal to the per diem Payment for the period of time Guest is required to vacate Premises. Guest further agrees to cooperate in any efforts undertaken by Property Manager to rid the Building and the Premises of pests of any kind. Failure of Guest to cooperate may be deemed an obstruction of the free use of property so as to interfere with the comfortable enjoyment of life or property thereby constituting a nuisance. Guest shall properly use, operate and safeguard Premises, including if applicable, any landscaping, furniture, furnishings, and appliances, and all mechanical, electrical, gas and plumbing fixtures, and keep them and the Premises clean, sanitary, and well ventilated.

Guest shall immediately notify Property Manager, in writing, of any problem, malfunction, or damage of a smoke detector or fire suppression device/system. Guest shall be charged for all repairs or replacements caused by Guest, pets, guests, licensees or invitees of Guest, excluding ordinary wear and tear. Guest shall be charged for all damage to Premises as a result of failure to report a problem in a timely manner. Guest shall be charged for repair of drain blockages or stoppages, unless caused by defective plumbing parts or tree roots invading sewer lines. All fire alarms are subject to test and inspections every 4 weeks.

Guest agrees to comply with any environmental, waste management, recycling, energy conservation, or water conservation programs implemented by Property Manager.

18. NON-SUFFICIENT FUNDS. Guest shall be charged $50.00 as reimbursement of the expenses incurred by Property Manager for each check that is returned to Property Manager for lack of sufficient funds. In addition, a check returned due to insufficient funds will be subject to any and all Late Payments provisions included in this Reservation. All charges will be immediately due from Guest and failure to make immediate payment will constitute a default under the terms of this Reservation. Property Manager reserves the right to demand payment payments by cashier’s check, money order or certified funds on all future payments in the event of a check returned for insufficient funds. Nothing in this paragraph limits other remedies available to the Property Manager as a payee of a dishonored check.

Property Manager and Guest agree that three returned checks in any twelve-week period constitutes frequent return of checks due to insufficient funds and is considered a just cause for removal from building.

19. LATE PAYMENTS. Guest and Property Manager agree that Owner will incur costs and damage as a result of any late Weekly Payment payments. Due to the difficulty involved in assessing the exact amount of damages, Guest and Property Manager agree to the following set late fee as a fair and reasonable estimate of the cost and damages that Property Manager incurs due to late payment. For each payment that is not paid within 1 Day after its due date, Guest shall pay a late fee of $5.00 per day, beginning with the 2nd day after the due date.

This provision for payment of a late charge does not constitute a grace period. Property Manager and Guest agree Guest’s payment of reservation payments five days or more after due on at least three separate occasions within any twelve-week period constitutes habitual late payment of reservation payments and may be considered a just cause for removal from building. Payment of the late charge does not remedy the late payment for purposes of establishing habitual late payment of payment.

20. CREDIT REPORTING FOR FAILURE TO PAY. This section is notification that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations, such as your financial obligations under the terms of this Reservation.

21. DEFAULTS. Guest shall be in default of this Reservation if Guest fails to fulfill any Reservation obligation or term by which Guest is bound.

22. TERMINATION UPON SALE OF PREMISES. Notwithstanding any other provision of this Reservation, Property Manager may terminate this reservation at any time.

23. HABITABILITY. Guest has inspected the Premises and fixtures (or has had the Premises inspected on behalf of Guest), and acknowledges that the Premises are in a reasonable and acceptable condition of habitability for their intended use, and the agreed reservation payments are fair and reasonable consideration for such. If the condition changes so that, in Guest’s opinion, the habitability and value of the Premises are adversely affected, Guest shall promptly provide written notice to Property Manager.

24. HOLDOVER. If Guest maintains possession of the Premises for any period after the termination of this Reservation (“Holdover Period”), Guest shall pay to Property Manager reservation payment(s) during the Holdover Period at a rate equal to the deposit plus weekly payment.

25. CUMULATIVE RIGHTS. The rights of the parties under this Reservation are cumulative, and shall not be construed as exclusive unless otherwise required by law.

26. REMODELING OR STRUCTURAL IMPROVEMENTS. Guest shall NOT be allowed to conduct construction or remodeling.

27. ACCESS BY PROPERTY MANAGER TO PREMISES. Property Manager shall have the right to enter the Premises pursuant to IC 32-31-5-6 and to make inspections, provide necessary services, or show the unit to prospective buyers, mortgagees, guests or workers. Property Manager will provide reasonable notice via written, text or PHONE of 24 hours of Property Manager intention to enter the Premises. If Guest has, after written notice to cease, continued to deny Property Manager access to the unit, as required by State law, such failure is a substantial breach of this agreement and is a just cause for removal from building. However, Property Manager does not assume any liability for the care or supervision of the Premises. As provided by law, in the case of an emergency, Property Manager may enter the Premises without Guest’s consent. During the last three weeks of this Reservation, or any extension of this Reservation, Property Manager shall be allowed to display the usual “To Let” signs and show the Premises to prospective guests.

28. INDEMNITY REGARDING USE OF PREMISES. To the extent permitted by law, Guest agrees to indemnify, hold harmless, and defend Property Manager from and against any and all losses, claims, liabilities, and expenses, including reasonable attorney fees, if any, which Property Manager may suffer or incur in connection with Guest’s possession, use or misuse of the Premises, except Property Manager’s act or negligence. Guest hereby absolves the Property Manager and/or Agent from any and all liability for loss or damage to Guests property or effects whether in the Premises, or any other location in or about the Premises, arising out of any cause whatsoever, including but not limited to rain, plumbing leakage, fire or theft, except in the case that such damage has been adjudged to be the result of the gross negligence of Property Manager, Property Managers employees, heirs, successors, assignees and/or Agents.

29. DANGEROUS MATERIALS. Guest shall not keep or have on the Premises any article or thing of a dangerous, flammable, or explosive character that might substantially increase the danger of fire on the Premises, or that might be considered hazardous by a responsible insurance company, unless the prior written consent of Property Manager is obtained and proof of adequate insurance protection is provided by Guest to Property Manager.

30. ASBESTOS. The Premises may contain asbestos or have original construction materials that contain asbestos. Damaging or disturbing the surface of asbestos-containing materials may increase the risk of exposure. Therefore, Guest and Guest’s guests, contractors or invitees shall not allow any action which may, in any way, disturb asbestos-containing materials or any part of the premises that may contain asbestos or asbestos-containing materials. Guest shall notify Property Manager immediately if Guest knows or suspects that an asbestos-containing material has been disturbed or if Guest becomes aware of any asbestos-containing material that is showing signs of deterioration.

31. COMPLIANCE WITH REGULATIONS. Guest shall promptly comply with all laws, ordinances, requirements and regulations of the federal, state, county, municipal and other authorities, and the fire insurance underwriters. However, Guest shall not by this provision be required to make alterations to the exterior of the building or alterations of a structural nature.

32. MECHANICS LIENS. Neither Guest nor anyone claiming through the Guest shall have the right to file mechanics liens or any other kind of lien on the Premises and the filing of this Reservation constitutes notice that such liens are invalid. Further, Guest agrees to (1) give actual advance notice to any contractors, subcontractors or suppliers of goods, labor, or services that such liens will not be valid, and (2) take whatever additional steps that are necessary in order to keep the premises free of all liens resulting from construction done by or for the Guest.

33. ASSIGNABILITY/SUBLETTING. Guest may not assign any interest in the Premises.

34. INDIVIDUAL LIABILITY. Each person who signs this Reservation, whether or not said person is or remains in possession of the Premises, is jointly and severally responsible for the full performance of each and every obligation of this Reservation, including, but not limited to, the payment of all payment due and the payment of costs to remedy damages to the Premises regardless of whether such damages were caused by Guest, Guest’s Guests or Invitees.

35. INSPECTION OF PREMISES. Guest has inspected the Premises, furnishings and

equipment including smoke detectors, where applicable, and finds the Premises to be satisfactory and in good working order. All plumbing, heating and electrical systems are operative, and deemed satisfactory by Guest if Property Manager is not notified in writing.

36. NUISANCE. Guest agrees not to commit, nor permit to be committed, any waste or

nuisance, upon in or about the Premises, nor shall Guest create or permit a substantial interference with the comfort, safety, or enjoyment of Property Manager and other occupants of the property or their Agents, guests and/or invitees. Waste, nuisance, and substantial interference are substantial violations of a material term of the tenancy and constitute just cause for removal from building.

37. LEAD DISCLOSURE. Many motels and apartments built before 1978 have paint that contains lead (called lead-based paint). Lead from paint chips and dust can pose serious health hazards if not taken care of properly. The law requires that guests and lessees receive certain information of pre-1978 housing. By signing this Reservation, Guest represents and agrees that Owner has provided Guest with such information, including.

38. MOLD/MILDEW. Guest agrees to maintain the Premises and shared areas in a manner that prevents the occurrence of, and infestation of mold or mildew in the Premises and shared areas. Guest agrees to uphold this responsibility in part by complying with the list of responsibilities in the addendum entitled Mold Notification. By signing this Reservation, Guest represents and agrees that Property Manager has provided Guest with such information, including, but not limited to Mold Notification Addendum and Mold/Mildew Disclosure Form.

39. NOTICE. Notices under this Reservation shall not be deemed valid unless given or served in writing and forwarded by mail, postage prepaid, addressed to the party at the appropriate address set forth below. Such addresses may be changed from time to time by either party by providing notice as set forth below. Notices mailed in accordance with these provisions shall be deemed received on the third day after posting.

40. MEGAN’S LAW. The Indiana Department of Justice, sheriff’s departments, police

departments serving jurisdictions of 200,000 or more and many other local law enforcement authorities maintain for public access a data base of the locations of persons required to register pursuant to IC 11-8-8-7(a).

Notice: Pursuant to Indiana Code 10-13-3-27 of the Penal Code, information about specified registered sex offenders is made available to the public via an Internet Web site https://indianasheriffs.org/offender-watch/. Depending on an offender’s criminal history, this information will include either the address at which the offender resides or the community of residence and ZIP Code in which he or she resides.

41. GOVERNING LAW. The terms and provisions of this Reservation shall be construed in accordance with Indiana law.

42. ENTIRE AGREEMENT/AMENDMENT. This Reservation contains the entire agreement of the parties and there are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Reservation.

43. MODIFICATION. This Reservation may be modified or amended in writing, if the writing is signed by the party obligated under the amendment.

44. REMEDIES.

44.1 PROPERTY MANAGER’S REMEDIES FOR EVENT OF DEFAULT.    Upon the occurrence of any Event of Default, Property Manager may exercise any of the options below in addition to any other remedies or rights it has in law or equity.

a.      Re-entry. Property Manager may re-enter the Premises, without demand or notice, and resume possession by an action in law or equity or by force or otherwise and without being liable in trespass or for any damages and without terminating this Reservation. Upon re-entry, Property Manager may remove all persons and property from the Premises and store such property at cost to Guest.

b.      Re-Let Premises. Without terminating this Reservation, Property Manager may re-let the Premises without the same being deemed an acceptance of a surrender of this Reservation nor a waiver of Property Manager’s rights or remedies. Any re-letting by Property Manager may be for a period equal to or less than, or extending beyond the remainder of, the original term, for the whole or any part of the Premises, separately or with other premises, for any sum, to any guest, and for any use Property Manager deems appropriate.

c.      Terminate Reservation. At any time after an Event of Default and notice to Guest, Property Manager may terminate this Reservation. Guest’s liability for damages shall survive such termination.

d.      Property Manager Lien. To secure the payment of payment and other liabilities of Guest hereunder, Guest hereby grants to Property Manager a security interest in all of Guest’s personal property, whether now or hereafter acquired, nor or hereafter located at the Premises and in the proceeds thereof, (the “Collateral”). Upon the occurrence of a default, Property Manager shall have all the remedies of a Property Manager and secured party available under Indiana law.  These remedies include, without limitation, the right to take possession of the Collateral and for that purpose Property Manager may enter upon the Premises and remove the Collateral, and Guest shall hold Property Manager harmless from any liability sustained thereby, except through wanton or willful misbehavior.

e.      Damages. Upon termination Property Manager shall be entitled to all damages accruing under this contract, including unpaid payments for the term, late fees, attorney fees, damages to the premises and all other damages arising under this contract.

44.2 GUEST’S REMEDIES FOR PROPERTY MANAGER DEFAULT. Notwithstanding anything in this Reservation to the contrary, Guest shall look solely to the interest of the Property Manager in the real estate on which the Premises are located for the collection of any judgment (or other judicial process) requiring the payment of money by Property Manager, in the event of any default or breach by Property Manager with respect to any  term or provision of this Reservation, or of law, to be observed and/or performed by Property Manager, and no other asset or property of Property Manager shall be subject to levy, execution or other judicial process for the satisfaction of Guest’s claim, it being the intention of the parties that Property Manager or principal shall have no personal liability in connection with this Reservation.

45. CHOICE OF LAW; VENUE. The parties waive trial by jury for any dispute arising out of this Reservation. The parties hereby submit to the jurisdiction of the Bartholomew County Courts and stipulate to Bartholomew County as the county of preferred venue for any dispute arising from this Reservation.  Property Manager and guest waive any right to trial for any dispute arising out of this Reservation.

46. SEVERABILITY; WAIVER. If any portion of this Reservation shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Reservation is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. The failure of either party to enforce any provisions of this Reservation shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Reservation.

47. TIME OF ESSENCE. It is understood and agreed between the parties hereto that time is of the essence of this Reservation as it applies to all terms and conditions contained herein.

48. GUEST REPRESENTATION; CREDIT. Guest represents and warrants that all

statements in Guest’s application are accurate. Guest authorizes Property Manager and any broker to obtain Guest’s credit report periodically during the tenancy in connection with the modification or enforcement of this Reservation. Property Manager may cancel this Reservation (i) before occupancy begins, (ii) upon disapproval of the credit report(s), or (iii) at any time, upon discovering that information in Guest’s application is false.

49. BINDING EFFECT. The provisions of this Reservation shall be binding upon and inure to the benefit of both parties and their respective legal representatives, successors and assigns.

MOLD NOTIFICATION ADDENDUM

Property Manager has inspected the unit prior to reservation and knows of no damp or wet building materials and knows of no mold or mildew contamination. Guest is hereby notified that mold, however, can grow if the premises are not properly maintained or ventilated. If moisture is allowed to accumulate in the unit, it can cause mildew and mold to grow. It is important that Guests regularly allow air to circulate in the apartment. It is also important that Guests keep the interior of the unit clean and that they promptly notify the Property Manager of any leaks, moisture problems, and/or mold growth. Guest agrees to maintain the premises in a manner that prevents the occurrence of an infestation of mold or mildew in the premises. Guest agrees to uphold this responsibility in part by complying with the following list of responsibilities:

1. Guest agrees to keep the unit free of dirt and debris that can harbor mold.

2. Guest agrees to immediately report to the Property Manager any water intrusion, such as plumbing leaks, drips, or “sweating” pipes.

3. Guest agrees to notify owner of overflows from bathroom, kitchen, or unit laundry facilities, especially in cases where the overflow may have permeated walls or cabinets.

4. Guest agrees to report to the Property Manager any significant mold growth on surfaces inside the premises.

5. Guest agrees to allow the Property Manager to enter the unit to inspect and make necessary repairs.

6. Guest agrees to properly ventilate the bathroom while showering or bathing and to report to the Property Manager any non-working fan.

7. Guest agrees to use exhaust fans whenever cooking, dishwashing, or cleaning.

8. Guest agrees to use all reasonable care to prevent outdoor water from penetrating into the interior of the unit.

9. Guest agrees to clean and dry any visible moisture on windows, walls, and other surfaces, including personal property, as soon as reasonably possible. (Note: Mold can grow on damp surfaces within 24 to 48 hours.)

10. Guest agrees to notify the Property Manager of any problems with any air conditioning or heating systems that are discovered by the Guest.

11. Guest agrees to indemnify and hold harmless the Property Manager from any actions, claims, losses, damages, and expenses, including, but not limited to, attorneys’ fees that the Owner/Agent may sustain or incur as a result of the negligence of the Guest or any guest or other person living in, occupying, or using the premises.

GUIDELINES FOR RESERVATION: We have developed the following Guidelines for the purpose of maintaining a clean, quiet building that, with your cooperation, will help us maintain an attractive and desirable location for those looking to rent a room for a short period of time. Your suggestions are welcome and will be considered.

1.Guests shall at all times respect the rights of other guests and shall refrain from loud noise, public intoxication, profane and abusive speech and like misconduct. No guest will engage in physical acts which would endanger the person or property of others. Televisions, radios, car stereos, etc., must be kept at low volumes at all times. Any type of disturbing actions or noises will be subject to fine or removal from building.

2.Room may be occupied by no more than the immediate family. Only those occupants listed on the reservation agreement and approved by management will be permitted to sleep in the room. Any guest moving someone into their room without approval is subjecting themselves to Immediate removal from building. ALL potential guests are screened carefully before being admitted to our building.

3.Each guest will be held responsible for the misconduct, vandalism, or damages caused by their children, pets, and guests. Children 18 and under are NOT allowed to roam outside after 9:00 pm, unless accompanied by a responsible adult. All children must be supervised by a responsible adult at all times. Play is limited to the play area (if applicable. CHILDREN ARE NOT ALLOWED TO PLAY IN THE STREETS. The use of fireworks, slingshots, paintball gun, bb. guns, or any type of firearm use is not allowed and is subject to immediate removal from building.

4.No peddling, soliciting or commercial enterprises are allowed in or near the building. No political signs, no business signs, or any type of signs are to be displayed on individual windows.

5. No guest shall engage or be a part of any illegal activity. Any evidence supporting such activity will be cause for immediate removal from building.

6.The building owners and management are not responsible for damages or personal losses due to theft, fire, accidents or natural disasters.

7.Non-compliance or violation of any of the rules will be considered a violation of your reservation and will be subject to a fine or removal from building as follows (unless otherwise stated):

1st offense: Violation Notice and $25 fine.

2nd offense: Violation Notice and $50 fine.

3rd offense: Removal from building

Automobiles

1.                  The speed limit is 10 mph, starting at the entrance, ALL THE TIME. This will be strictly enforced. There is to be no “revving” or racing of your engine. Vehicles must be quiet and maintain a slow speed. No Cherry Bomb, straight pipes or any other type of loud muffler system is allowed. All loud vehicles will be banned from the area until such time as they have met the sound guidelines.

2.                  All vehicles must be properly registered and insured within the state and county. This means: NO recreational motorized vehicles not licensed for road use. NO: dirt bikes, mopeds (unless being driven by an adult), no razors, no go-carts, no ATVs. No semi-trucks or trailers, construction or farming equipment. Boats, RVs, or other types of trailers shall be stored, parked or kept within the storage area.

3.                  One space is provided for parking. This allows you to have only 1 vehicle.

4.                  Guest parking is not allowed for more than 30 minutes at a time. Guests should park on the street.

Automobile repairs, excepting fixing flat tires and minor adjustments, are not allowed to be made in the parking lot. These exceptions must be made within 24 hours of starting a project. No cars are allowed to be left sitting on a jack or blocks, for any reason, at any time. Liability issues. Unsightly junk or inoperative cars or trucks may not be kept on the home site or street. Management reserves the right to have such vehicles towed away at the cost of the guest. Any vehicle--which drips oil, gasoline, or other fluids, shall be repaired. Any drippings must be cleaned up by guest immediately.

Mail Handling Policy for Guests at Caritas Homes Motel

1.                  Mail Receiving Restrictions:

Guests are prohibited from having personal mail or packages sent to the Caritas Homes Motel unless prior written approval has been obtained from motel management.

2.                  Guest Acknowledgment of Status:

By accepting this policy, the guest acknowledges that they are reserving a room as a temporary accommodation and are not considered a tenant under Indiana law.

3.                  Recommendation for Long-Term Guests:

Guests who plan to stay for an extended period are advised to rent a P.O. Box for all personal mail and package deliveries.

4.                  Handling of Unauthorized Mail:

If mail is received for a guest without prior written approval, it will be secured by motel staff and made available for pick-up on designated days (Tuesdays and Fridays from 10am to 3pm).

5.                 Mail Notification:

Guests with written permission to receive mail at the motel will be notified when their mail arrives.

6.                 Package Policy:

Under no circumstances should packages be delivered to the motel. The motel cannot guarantee secure storage for packages, and any packages received will not be accepted by motel staff.

Thank you for considering Caritas Homes. Unfortunately the only way we can accept a reservation is if the statement is read and you agree to comply.