By booking this property, the Guest confirms acceptance of the following terms of the Rental Agreement as stated below:
This Rental Agreement and Contract (the “Agreement") is a legally binding agreement made and entered into as of the Reservation Date by and between the person(s) or company (the “Guest") and the owner, manager or agent of the Mercara Farmstead (“Rental Agent"), pursuant to which the Guest has agreed to rent the residence described on this site (the “Property"), for the duration of the Rental Term for the Total Rental Fee and other good and valuable consideration as described herein.
OCCUPANCY: Guest agrees that no more than the persons paid for shall be permitted on the Property at any time during the Rental Term, all of whom shall comply with the conditions and restrictions imposed upon Guest under this Agreement.
CONDITION AND USE OF PROPERTY: The Property is provided in “as is" condition. The Guest accepts that the Rental Agent has used its best efforts to ensure the operation of all Amenities in the Property, such as chattels, furniture, internet access, TV access, plumbing, hydro, equipment, and all other services on the Property that are accessed by The Guest during the period of their Stay at the Property. The Rental Agent shall not be held responsible for such items failure to work, but will make every effort to correct any issues as reported as quickly as possible. Guest acknowledges that use of Amenities such as the waterfront, barbecue, like may be potentially dangerous and involve potential risks if improperly used, particularly with regard to children and such use is solely at the Guest's own risk.
DEFAULT: If Guest should fail to comply with the conditions and obligations of this Agreement, Guest shall surrender the Property, remove all Guest's property and belongings and leave the Property in good order and free of damage. No refund of any portion of the Total Rental Fee shall be made and if any legal action is necessary, the prevailing party shall be entitled to reimbursement from the other party for all costs incurred.
RISK OF LOSS AND INDEMNIFICATION: Guest agrees that all personal property, furnishings, personal affects and other items brought into the Property by Guest or their permitted guests and visitors shall be at the sole risk of Guest with regard to any theft, damage, destruction or other loss and the Property shall not be responsible or liable for any reason whatsoever. Guest hereby covenants and agrees to indemnify and hold harmless Rental Agent and their agents, owners, successors, employees and contractors from and against any costs, damages, liabilities, claims, legal fees and other actions for any damages, costs, attorneys fees incurred by Guest, permitted guests, visitors or agents, representatives or successors of Guest due to any claims relating to destruction of property or injury to persons or loss of life sustained by Guest or family and visitors of Guest in or about the Property and Guest expressly agrees to save and hold Rental Agent harmless in all such cases.
RELEASE: Guest hereby waives and releases any claims against Rental Agent, the Property owner and their successors, assigns, employees or representatives, officially or otherwise, for any injuries or death that may be sustained by Guest on or near or adjacent to the Property, including any common facilities, activities or amenities. Guest agrees to use any such facilities or amenities entirely at the Guest's own initiative, risk and responsibility.
ENTRY AND INSPECTION: Rental Agent reserves the right to enter the Property at reasonable times and with reasonable advance notice for the purposes of inspecting the Property or showing the Property to prospective purchasers, renters or other authorized persons. If Rental Agent has a reasonable belief that there is imminent danger to any person or property, Rental Agent may enter the Property without advance notice.