RULES & TERMS and CONDITIONS
(the “Guest Agreement”)
By booking a reservation at a property (the “Property”) owned or operated by (the Host) Joni Kerley, you (the “Guest”) agree that you have read, understand, executed and agree to the terms and conditions herein. It is the responsibility of the Guest to ensure that all guests and members of the Guest’s party and persons using the property during the term of the License Period are familiar with and will abide by all policies pertaining to licensing and using the Property.
PERIOD REQUIREMENTS
The Guest agrees to be the person placing the reservation for the period of time that begins with the check-in date and ends with the checkout date (the “License Period”) and the Guest is the credit/debit card holder for the reservation. All discussion regarding reservation, cancelation, damage and any additional fees resulting from the License Period will be discussed with and be the sole responsibility of the Guest, not the Invitees. The Guest understands that the Host only license its property to responsible adults over the age of 25 and acknowledges he/she is of this age.
OCCUPANCY
The Property is for the sole use as a personal vacation residence for families and responsible adults. Guest acknowledges the Host is issuing Guest a license to use the Property and that by execution of this Agreement, Guest does NOT become a tenant and the Host does NOT become a landlord. Guest additionally agrees not to use the Property for nonresidential purposes (i.e.: restaurant, special events, retail, banquets, filming or other commercial or activity requiring permits). Guest acknowledges that they will personally occupy the Property during the License Period and will not sublet. Guest will familiarize itself with applicable laws and will not use the Property for any illegal or unlawful purpose, nor will the Property be used in a fashion that disturbs or offends the neighbors in the surrounding community. Occupancy is restricted to the number of Guest listed at the time of booking by the Guest. Additional Invitees are subject to Host’s approval and will incur an extra nightly rate unless mutually agreed by Host and the Guest. A list of the first and last names and ages of all persons occupying the property may be required at the time of booking with Invitees required in writing prior to check-in. The Host has the right to evict any Guest or Invitee for failure to comply with this Agreement; no refunds will be issued in such event.
AGE REQUIREMENT
The Guest booking the reservation for the Property must be 25 years of age to book the Property, and must physically occupy the Property overnight for the duration of the license period. Guest’s may be required to provide proof of age prior to or after booking. Large groups of unrelated guests, guests, or invitees must receive prior written approval from the Host, which shall be determined in Hosts sole discretion. Requests may be made by contacting the Host at 425-343-4545 or EdgemontHouse@protonmail.com
AMENITIES
The Property is fully furnished and includes a ready-made bed for 8 guests total (6 adults & 2 children), one set of bath towels per guest and an equipped kitchen. Furnishings and amenities are not always 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 due to replacement, substitution or other reasons. The Host provides a starter kit of soaps, shampoo, toilet paper, paper towels, and other dispensable items. The hosts assume no responsibility for the quality or contents of any food products left on the premises by prior guests; Guest or Invitees use and/or consumption of the same is not recommended and shall be at Guest's and Invitees’ own risk. No items will be removed from the Property by Guest except refuse.
CHANGE DATES POLICY
There is no guarantee that the Hosts can accommodate a Guest-requested change to the start or end dates of a License Period once a Guest has made a reservation. But the Hosts will make an effort to accommodate such a request.
DAMAGE POLICY
The Host reserves the right to charge the Guest for any and all Guest/Invitee-caused losses and damages sustained to a property during the License Period, as determined in the sole discretion of the Host, including, but not limited to, excess cleaning, eviction, service calls, service charges, fines/assessments, theft or missing items, repairs or replacements, or any other damage, plus all applicable taxes.
HOUSE RULES
The Property may have additional House Rules published in the Property. Please inquire about additional House Rules for the Property you are licensing. Guest agrees that it has read, understands and accepts the House Rules and that the same terms of this Agreement apply to the House Rules.
ADDITIONAL FEES NOT INCLUDED IN RESERVATION
Additional fees may apply to your reservation, including, but not limited to additional guest fees, electrical surcharges and additional cleaning, as well as any concierge services Guest requests including, Pool Heating (must be paid a minimum of 48 hours in advance of check in at the rate of $100 per day). Heating fee are subject to change if needed. Such fees will be paid to the Host.
UPON ARRIVAL
Guest and Invitees may enter the property after CHECK IN TIME which is 4pm on the first day of the License Period, unless otherwise mutually agreed by the Guest and Host. If the home is ready and available early the Host will let the Guest know and allow a early check in. Guest agrees to inspect the Property on the first day of the License Period. If there are concerns, issues with or damage to the Property, the Guest will contact Host immediately by messaging app, text or phone, including leaving a voice mail if there is no answer to a phone call. Contact information can be found in the Property. No refunds or considerations are given unless the Host is notified of such concerns or issues within 24 hours of the start date/time of Guest’s reservation. Guest acknowledges that unless the Host has been notified within 24 hours of the start date/time of Guest’s License Period of any damage, Guest will be liable for such damage.
EMERGENCIES/ MAINTENANCE
In the event of a problem getting into the Property or if there are problems with condition or functionality of the Property during the License Period, please immediately contact the Host.
UPON DEPARTURE
Guest and Invitees must leave the property by CHECK OUT TIME which is 10 am on the last day of the License Period, unless otherwise mutually agreed by the Guest and Host, so that Host can prepare the Property for the next guest. At check-out, Guest agrees to leave the Property in tidy condition similar to that upon arrival and to comply with the guest departure requirements in the Property’s House Rules. If you have not arranged for a late check out, you may be charged $100/hour beyond the checkout time (there is a 15 minute grace period), however if the unit has not been vacated by 12:00 p.m., a fee equal to the next day’s published daily rate will be assessed. Cleaning crews will handle routine cleaning of linens, towels, kitchens, floors and bathrooms, but if excessive cleaning is required in the sole discretion of the Host, it will be charged at $100/hour and the Guest agrees to pay for such excessive cleaning fees.
GARBAGE
Guest shall dispose of all waste material generated during the License Period in a lawful manner, as instructed in the House Rules and place such material in the exterior trash & recycle bins of the Property. Guest is cautioned not to leave unsealed trash inside or outside for long periods of time to avoid pests. Host does have a trash service who takes the can to and from the curb.
NO SMOKING
Smoking or Vaping anywhere in or on the Property is strictly forbidden. Guest(s) agrees that they will not smoke anywhere (including the garage) on the Property. Guest(s) will be charged and agrees to pay the greater of $250.00 any cost experienced by the Host in excess of $250.00 for any damage to the Property caused by smoking, including the cost to clean, repair or replace any items and the cost to remove odor, plus lost reservations or refunds related to future reservations that are a result of any such damage.
NO PETS/ANIMALS
Pets and other Animals are forbidden in or on the Property. Guest(s) agrees they will not allow pets of any type anywhere on the Property. Guest will be charged and agrees to pay the $500 or any cost experienced by the Host in excess of $500 for any damage to the Property caused by pets, including the cost to clean, repair or replace any items and the cost to remove odor or allergens, plus lost reservations or refunds related to future reservations that are a result of any such damage.
WATER FEATURES
As a pool and/or a spa is located on the Property, Guest and Invitees will not permit use of the pool or spa by unsupervised children or any others not defined as registered guests without prior Host permission. No Children under 5 years of age is allowed in the Spa. Guest will use the pool or spa at their own risk. Guest(s) understand that there is NO fencing around the pool area or spa.
TV/INTERNET/WIFI
Roku Televisions, WiFi and Internet are provided as a convenience only, and are not integral to Guest’s reservation or this Agreement. No refund will be given for outages, content, lack of content, speed, access problems, lack of knowledge of use, or personal preferences with regard to using such services. All of the TV’s are Roku TV’s so there is plenty of free channels if Guest(s) want they are free to log in to their own streaming accounts and Guest(s) are responsible for Logging out of their personal accounts before Check out. Guest are not to cover up, disconnect, block or remove, tamper with the Internet WiFi network and camera’s connected to internet/WiFi if this is done it is a automatic cancellation of your reservation with No refunds.
SECURITY
Guest will see to their party’s own security and to that of the Property by locking doors, windows and garage doors when prudent, and always when the Guest and Invitees are absent from the Property. Guest shall not permit or make any alterations to change or add any lock without consent from the Host. Home is equipped with a Ring doorbell camera at the front door facing the street that is motion activated recording 24/7 of images & sound. Recordings may be stored. Camera’s (Blink) are located on the both sides of the house to monitor the gate & side yard. There is also a (Blink) camera located inside the garage facing "Locked Cabinets" they are motion activated & recording 24/7 of images & sound & recordings may be stored. Guest(s) are NOT to block, tamper, remove, disconnect, cover up the camera’s if done it is a automatic cancellation of your reservation with NO refunds.
LOST ITEMS
Host bears no responsibility for lost, stolen, misplaced or abandoned items. Every reasonable effort will be made by the Host to search the Property for such items and to contact the Guest to arrange the return of items. There will be a minimum $75 fee plus a charge for shipping costs for the return of any found items. Host will not be held liable for the condition of items when and if returned. Any items not claimed for longer than 30 days following a License Period end date may be donated, sold or disposed by Host.
CANCELLATION POLICY
If the Guest’s reservation is made through an agent or reservation platform, and if Host has instituted a cancellation policy for the Property through such agent or reservation platform, that cancellation policy governs cancellations under this Agreement. In all other events, the cancellation policy is:
(1) If a cancellation notice is received by the Host from the Guest within 48 hours of booking and 14 full days or more days before the first date/time of the Guest’s License Period, there will be no cancellation fee and 100% of the reservation fees will be refunded to the Guest.
(2) If a cancellation notice is received by the Host from the Guest less than 14 full days but before seven full days before the first date/time of the Guest’s License Period, there will be a cancellation fee of 50% of the reservation fee and the Host will refund to the Guest the remaining 50% of the reservation fees.
(3) If a cancellation notice is received by the Host from the Guest less than seven full days before the first date/time of the Guest’s License Period, there will be a cancellation fee of 100% of the reservation fee and the Host will not refund any reservation fees to the Guest.
(4) In each of the three instances above, the security deposit and any pre-collected cleaning fees will be refunded by the Host to the Guest. All refunds and returns will be paid by the Host to the Guest within seven days from receipt of the cancellation.
NOISE
The Host is not responsible for any construction or other non-construction noise occurring near the Property. Guest acknowledges that the Host has no control over the hours of work or noise level of any such noise near the Property and such noise will not void or negate this Agreement, nor will it serve as a basis for claim for refund, price reduction, or other compensation. Additionally, the Property is situated in a neighborhood or municipality with certain noise ordinances or restrictions in order to provide neighboring residents ongoing peace and tranquility in the use of their properties. For the purposes of monitoring the level of noise produced by Guest and Invitees, the home is equipped indoor and outdoor with Minut noise monitoring system in order to ensure that neighborhood noise levels are respected. It DOES NOT record actual sounds or conversations, it simply monitors the noise level in measured decibels.
QUIET HOURS
Guest acknowledges the Property is situated in a residential neighborhood within an area where neighbors and other residents within the larger community may hear, see, or otherwise experience the activities conducted by the Guest(s). Guest agrees to ensure all members of the Guest’s party conduct themselves in a way that does not disturb the peace, security, or quiet enjoyment of the neighboring residents and properties, including noise reduction and the observance of quiet hours (i.e.: no outdoor speakers or excessively loud activities) between the hours of 10:00 p.m. and 7:00 a.m. during the License Period.
ENVIRONMENTAL DISCLOSURE
Guest hereby acknowledges the location of the Property is exposed to environmental hazards common to the surrounding area, including but not limited to, severe wind and rainstorms, intense heat, wildlife and pests (“Environmental Matters”). The Host property are treated regularly for pest control maintenance; however, pests are a normal part of life in Arizona and the Host does not issue refunds due to any Environmental Matters of the Property.
PRIVATE PROPERTY
Guest(s) acknowledge that the Property is a privately-owned home, not a hotel. As such, hotel-like amenities such as daily cleaning and bell service are not provided as part of the reservation fees. Guest(s) agree not to access any locked storage areas or areas not expressly meant for Guests, even if unlocked, which contain Hosts property. Guest shall not permit or make any alterations to the Property.
REPAIR AND SERVICE CALLS
The Host does not guarantee against mechanical or electrical failure of air conditioning, fans, lights, televisions, or any other equipment on the Property. Guest agrees to promptly report any inoperative items to Host, and the Host agrees to make reasonable efforts to have maintenance performed promptly. Should a repair person conclude that equipment is in working order, or that failure was due to the actions of the Guest, then the charge for the service call will be billed to Guest and Guest agrees to pay the charge. No refund, reduction in fees, or other deduction will be made due to failure of such equipment.
PARKING
Guest(s) agrees to park no more than two (2) vehicles, in the driveway and one (1) vehicle inside the garage. There is NO Overnight parking allowed on the street per the HOA rules. Street parking is for daylight hours and visiting guests. HOA will tow vehicles left overnight that are parked in the street. The Host has no responsibility for lost/stolen items or vehicles during the licensed period.
VIOLATIONS
The Property is situated in a municipality or community association that governs common areas, shared streets, and properties located within the bounds of the community through certain codes, covenants, restrictions, statutes or ordinances related to the Property (“Governing Documents”). A community association board and municipal enforcement officials have the right, under the Governing Documents to issue tickets, violations, fines, and other fees when violations of the Governing Documents or other codified restrictions occur. Guest(s) agrees to be held liable for any tickets, violations, fines, or other fees issued to, or as a result of, the activities of the Guests. If such a violation cannot be cured by monetary means, Guest(s) agrees to cure through performance.
RIGHT TO ENTER
If necessary, the Host or their designated vendors may enter the Property in order to inspect or make necessary or requested repairs. he Host will give Guest reasonable notice before entering the Property and will only enter during reasonable hours except in the case of emergency. Regular vendors to the Property including pool, yard and cleaning services, garbage collection will be allowed to enter property grounds at normally scheduled times. Guest understand that some of these services start very early in the morning because of the Arizona weather. Pool services is on Monday & Thursdays. These days and time may change not guaranteed.
MAIL AND DELIVERIES
The Host is not responsible for mail or deliveries sent to the Property during or after any License Period. Guest hereby acknowledges that mail may not be deliverable to the Property, and in no circumstance will the Host be held liable for mail that is lost, damaged, delayed or returned to sender.
FORCE MAJEURE
There may be circumstances beyond the control of the Host including, but not limited to, destruction of Property, sale of Property, construction nearby, water, gas or sewer leaks, fire or any other damage to the Property making it uninhabitable or potentially uninhabitable, in which the Property may not be available for your License Period. In such event, the Host will do its best to make alternative arrangements for the Guest at another property. If these alternative arrangements are not acceptable to the Guest, then the Host will refund all monies paid. This will be the full extent of the Host liability to the Guest in the event of force majeure, and the Host will not be responsible for any other costs connected with any such cancellation or change.
PAYMENT OF ADDITIONAL FEES
Any additional fees charged by the Host to Guest as a result of violation of any of the terms and conditions contained herein (including to recover for any fines, fees, or costs resulting from Guest or Invitees’ violations of the Governing Documents) will be paid by Guest to the Host within ten (10) days of notification.
INDEMNITY/DISPUTES/JURISDICTION
Guest(s) agree to fully indemnify, defend and hold harmless the Host and its owners, employees, representatives, assigns, agents and contractors from and against any and all claims, demands, costs, expenses, liabilities, causes of action and damages of every kind and character (including attorney fees) which may be asserted by it or any third party in any way related or incident to, arising out of, or in connection with this Agreement or the use of the Property by the Guest and Invitees, including but not limited to loss, damage, injury or death to Guest and Invitees or their personal property. Guest and Invitees are also aware of the inherent risks to person and property while occupying properties with water features such as a pool, bath, spa, or with furniture or facilities such and accepts the use of such attributes at its own risk. This Agreement will be governed by and construed in accordance with the laws of the State of Arizona. All disputes or claims pertaining to the Agreement will be adjudicated in the State of Arizona, County of Maricopa.
DAMAGE PROTECTION
All Guest's will be required to purchase Damage protectiion policy for a charge of $79.00 for $5000 worth of damage protection to the home.
ID VERIFICATION
As stated in the listing description, as part of the booking validation process the Guest is required by Arizona State Law to be verified. The Guest agrees to go to https://my.superhog.com/widgets/one-step-booking/f375a00a-d605-492f-9b99-91946775e3ee to complete the ID verification process. The Guest also agrees to upload a picture of their drivers license to the Host.
AGREEMENT
By making a reservation, a) Guest warrants that it has read, understands, executes and agrees to all of the terms set forth in this Agreement, b) Guest understands the terms and conditions in this Agreement govern the relationship and the license between the Host and Guest and that if any provision herein is in conflict with a provision found in the verbiage on whatever listing platform Guest found the Property upon, that the terms and conditions herein will supersede the same, c) Guest acknowledges that the Property may have additional House Rules that are provided upon or prior to arrival to the Property, and Guest agrees to abide by the House Rules for the Property, as well as all terms of this Agreement, and d) Guest further understands and represents that it will explain all of the contents of this Agreement to all Invitees prior to their arrival and that Guest is executing this Agreement on behalf of all individuals in Guest’s group including Invitees, who also agree to be bound by this Agreement.