PLEASE READ ALL HOUSE RULES AVAILABLE ON WEBSITE AND/OR PROVIDED BEFORE BOOKING. ALL GUESTS ON RESERVATION MUST UNDERSTAND AND FOLLOW ALL RULES.
My house is in a residential neighborhood and all Guests will need to acknowledge they agree to respect my neighbors and the surrounding community to be accepted. Noise levels will be closely monitored. PARTIES ARE NOT ALLOWED. See below for more information.
Welcome to my home! I look forward to hosting you!
This is the perfect vacation rental home in downtown Austin! I strive to provide guests with the perfect home base with all the creature comforts, in the perfect location for exploring what Austin has to offer. I have lived in Austin my entire life and I want to help make your trip one-of-a-kind! I’m available for suggestions of trendy new hot spots, and unique, only in Austin activities!
Your perfect stay in the perfect location for the perfect vacation!
A must stay! 2 blocks from the trendy, up and coming East 6th Street Bar and Restaurant District! This area is a truly unique part of Austin and a great young professional nightlife scene. A short walk anywhere else downtown, including Rainey Street and Central 6th Street. Walk to Lady Bird Lake. Walk/Run/Bike the scenic Hike and Bike Trail or Kayak/Paddle Board on the lake as the sun sets. Kayak/Paddle Board/Small sailing and paddle boat rentals available blocks away. Walking distance to 6th Street, Congress, Paramount Theater, restaurants, bars, music venues, Texas Longhorn tailgating, DKR stadium, museums, a public pool, grocery store, coffee shops, comedy shows, improv shows, movie theaters (Alamo Ritz and Violet Crown), breweries (Hops & Grain), theater, art galleries, and other nightlife. The perfect location for the vacationer who wants to walk to everything unique that Austin has to offer. The home has tons of upgrades. Real wood floors. Large master bedroom with big bathroom. Modern kitchen with granite counters and stainless steel appliances. High ceilings. The perfect fenced in yard for hanging out/re-cooperation. Ping pong table in the garage, foosball table, beer pong table, 2 cornhole sets, a washer set, 2 arcades (4-player TMNT and Area 51 Shooter), tons of patio chairs, 8-foot picnic table, a Weber grill and tons of games.
Everything you need! (More about the home)
-The home is very well maintained and very clean.
-Tons of windows to let in light for a very open feel.
-1st floor: Big fully furnished living room with a LED TV. Amazon Fire Stick with streaming Netflix subscription and other Apple TV content. There is an antenna that picks up the major networks and some other channels, but this is not guaranteed. There is no cable TV. Great place to recoup while watching some Netflix or grabbing a provided local magazine to find out more about what Austin has to offer. Custom coffee table made from steel and bowling alley wood! (Locally made!) A large granite counter with several stools divides the kitchen and living area. There is also a tall Ikea table island with more stools in an expansive kitchen. Perfect for meal preparation, dining, a game of cards or just socializing. A state of the art kitchen complete with stainless steel appliances, gas stove, refrigerator/freezer, garbage disposal, dishwasher, microwave, toaster, blender, and coffee maker. Large surfaces for cooking and serving. All needed basic cooking ware and dining ware. Stained concrete flooring throughout. Large one half bath. Game room has a foosball table and 2 arcades – 4-player Teenage Mutant Ninja Turtles and a 2-player Area 51 Shooter.
-2nd floor: Wood flooring and carpeting in the 2 smaller bedrooms. Big master bedroom. Brand new, energy efficient, front-loading Washer/Dryer located on 2nd floor washroom. Master full bath with double vanity and large mirror. Garden bathtub and a walk-in shower. Some soap, shower gel, shampoo and conditioner typically provided. Hair dryer provided. 2 more carpeted bedrooms with tons of comfortable sleeping spaces. 1 more full bathroom with garden tub/shower.
-Yard: The perfect yard with privacy fence for rest, relaxation and socializing. 2 cornhole sets, a washer set, tons of chairs, 8-foot picnic table, and a Weber grill.
-Garage: Top of the line, outdoor Stiga ping pong table
-Big front patio with chairs.
-Central Energy Efficient HVAC.
-1 parking spot on the lot with plenty of free street parking.
-High speed WIFI.
-Fresh towels provided.
-Cards and tons of games.
-BBQ tools. (Bring your own charcoal, lighter fluid and matches)
-Laundry detergent, softener and bleach provided for on-site laundry.
-Iron and ironing board.
Easy to Find!
Arriving by car: 2 blocks off East 6th Street. Very easy to find with plenty of parking in the area.
Arriving by plane: Capitol Metro Bus Route '100-AIRPORT FLYER' drop offs downtown. 15 minute cab ride from the airport. Remember, Austin cabs only take 4 persons at one time. Uber/Lyft/Car2go all available in Austin.
*15% LOCAL AND STATE TAXES ARE TYPICALLY INCLUDED IN THE ONLINE QUOTE .
Austin City Code - Chapt(PHONE NUMBER HIDDEN) – “Except as otherwise provided in this section, not more than six unrelated adult may reside in a dwelling unit.” (Ordinance No. (PHONE NUMBER HIDDEN)). THIS APPLIES TO ALL SHORT TERM/VACATION RENTALS IN AUSTIN. Please inquire further if you have any questions or concerns.
***Furnishings and amenities will be furnished as described whenever possible. In the event that an item is damaged/broken/lost/consumed the Host will restock as soon as possible. All items in description/pictures are not guaranteed.***
Let me help you have the perfect vacation! Thank you for looking! Have a great day!
OL (PHONE NUMBER HIDDEN)
A Short Term Stay Agreement will need to be signed to complete booking. It will be sent to the email provided through Docusign. PLEASE CHECK YOUR SPAM FOLDER IF YOU DON’T SEE IT.
House Rules are to be followed by Guest and every member in the Guest’s Party. It is IMPERATIVE that each member in the Guest’s Party reads the "House Rules" as infringement of these rules could lead to substantial fees removed from the Deposit.
IN GENERAL: Please respect the house, the neighbors and the neighborhood. This is not a place to party. Please leave the place like you found it, clean. Thank you!
WEDDINGS, BACHELOR/BACHELORETTE PARTIES, CONCERTS, OR SPONSORED EVENTS ARE NOT ALLOWED.
1. OCCUPANCY: Rates are quoted based on the number of persons PROVIDED. All persons on the Property are counted as chargeable Guests.
ONLY GUEST AND PERSONS IN THE GUEST’S PARTY SHOULD BE ON THE PROPERTY DURING THE ENTIRETY OF THE STAY. OTHER PERSONS ON THE PROPERTY WILL RESULT IN AN OVER OCCUPANCY VIOLATION. OVER OCUPANCY IS A SERIOUS VIOLATION OF THIS STAY AGREEMENT AND MAY BE SUBJECT TO IMMEDIATE EVICTION WITHOUT REFUND AND/OR ASSESSED FEES OF $2,000 PER NIGHT AND/OR LOSS OF THE ENTIRE DEPOSIT.
Per the City of Austin:
1) MAX OCCUPANCY IS 10 PERSONS.
2) MAX OCCUPANCY IS 6 UNRELATED ADULTS (18 years of age or older) per City of Austin Land Use Code. IN OTHER WORDS, EACH GROUP OF INDIVIDUALS RELATED TO EACH OTHER, IN YOUR PARTY, COUNTS AS 1 TOWARDS THE 6. "UNRELATED" means not connected by consanguinity [blood relation], marriage, domestic partnership or adoption [OR a combination of these relations.] DOMESTIC PARTNERSHIP means adult living in the same household and sharing common resources of life in a close, personal, and intimate relationship.
3) Guest and members of Guest Party will not assemble, loiter or hangout as group of more than 6 adults outside on the Property between the hours of 7:00 a.m. CST and 10:00 p.m. CST. SEE QUIET HOURS BELOW.
4) Guest and members of Guest’s Party will not assemble, loiter or hangout outside on the Property between the hours of 10:00 p.m. CST and 7:00 a.m. CST. SEE QUIET HOURS BELOW.
#3 & #4 IN SUMMARY: Don’t be outside on the Property as a group of more than 6 at any time during the Stay other than to quickly and quietly enter and exit the house. Between 10p-7a, don’t be outside on the Property AT ALL, other than to quickly and quietly enter and exit the house.
2. NOISE: The house is in a great community. Respect for the neighbors is very important. Please keep all noise on the Property to a minimum at all times. Neighbor complaints may result in fines taken from the Deposit. Please refrain from drinking, playing loud music and talking loudly/yelling outside the home.
IF APPLICABLE, NOISE IN GARAGE CAN EASILY BE HEARD OUTSIDE. TREAT THE GARAGE AS IF YOU WERE OUTSIDE. MOVE ALL SOCIALIZING INTO THE MAIN HOUSE, WITH ALL DOORS AND WINDOWS CLOSED, AFTER NIGHTFALL.
CITY OF AUSTIN NOISE RESTRICTIONS, ORDINANE CHAPTER 9-2
•“A person may not make noise or play a musical instrument audible to an adjacent business or residence between 10:30 p.m. and 7:30 a.m.”
•“A person may not use sound equipment that produces sound audible beyond the property line of a residence in a residential area between 10:00pm and 10:00am.”
•“A person may not use sound equipment audible beyond the property line of a residence in a residential area that produces sound in excess of 75 decibels.”
GUEST AND ALL MEMBERS OF GUEST’S PARTY WILL OBSERVE PROPERTY QUIET HOURS of 9:30 p.m. CST through 8:30 a.m. CST.
VIOLATION OF THE CITY OF AUSTIN NOISE ORDINANCE WILL RESULT IN THE LOSS OF THE ENTIRE DEPOSIT AND IMMEDIATE EVICTION WITHOUT REFUND.
3. PARKING: Parking is limited to 1 vehicle on the Property in the driveway only. Vehicles are to be parked in the driveway in such a manner that does not block any part of pedestrian sidewalks where applicable. Only use curb parking directly in front of house. If additional parking is required please park on major streets (Waller, Cesar Chavez, Holly, 6th) away from the front of neighbors homes. Many neighbors in this area do no have driveways and use curb parking in front of their homes. Pay attention to all street signs. Any illegally parked cars are subject to towing; applicable fines/towing fees are the sole responsibility of the vehicle owner.
DO NOT HAVE/ALLOW BUS/VAN/ETC. PICK UP YOUR GROUP IN FRONT OF OR NEAR THE PROPERTY. PLEASE MOVE PICK-UP AREAS TO A MAJOR STREET OR A VENUE.
4. TRASH: Do not to leave any trash outside visible to the street during your stay. (EX: bags of trash, pizza boxes, beer cans). Don't leave beer cans out in front of the house. Empty all trashcans. All garbage must be bagged, removed from the premises and placed in the TAN garbage collection bin provided. RECYCLING IS ENCOURAGED. All recyclable items can be bagged and placed in the BLUE collection bin. I, OR MY STAFF, MAY COME BY ON THURSADAY TO PULL BINS OUT FOR COLLECTION (WHICH IS FRIDAY, USUALLY EARLY IN THE MORNING). STAFF MAY ALSO COME BY FRIDAY TO PULL BINS BACK IN.
5. LAUNDRY: Only use the beds, sleeping spaces, sheets, blankets, pillows, towels, etc. that you need during you stay. Leave all non-used items as they were at check-in. THIS SAVES TIME AND IT HELPS ENSURE EFFECIENT TURNOVER FOR THE NEXTS GUESTS; AND IT SAVES THE ENVIRONMENT! Leave used towels in the bathtub(s). If you use a sleeping space, please leave it un-made so that staff knows it needs to be turned over. Leave all bedding/blankets/pillows on the respective sleeping surfaces.
6. THERMOSTAT: While I want you and your party to be very comfortable during your stay, I also would like to keep my electricity bill reasonable. Do not turn down thermostat below 70 degrees Fahrenheit (cool) or above 78 degrees Fahrenheit (heat). DURING HOTTER TEMPERATURES, PLEASE TURN THERMOSTAT UP TO 79 or ABOVE DURING THE DAY WHEN NOT AT THE CONDO. Homeowner monitors thermostat remotely. Please visit (URL HIDDEN) for operation instructions.
7. SMOKING: Smoking is allowed outside only. All butts/ashes/other remnants must be removed or trashed appropriately before Checkout. Collect butts in a disposable receptacle (ex: solo cup) and discard in sealed trash as described below. NEVER THROW YOUR BUTTS ON THE GROUND. IT IS A FIRE HAZARD. Failure to comply with this result could result in a $300 fine.
8. GRILLING: Use any grill apparatus on the Property with EXTREME CAUTION. The grill must NEVER be left unattended when in use. Clean the grill surface with the brush supplied before and right after each use. It is best to clean directly after taking last foods off the grill while it is still hot. NOTICE: There is a fire extinguisher located under the sink in the kitchen. If any incident occurs and/or the fire extinguisher is discharged the Homeowner is to be notified immediately. ANY EVIDENCE OF DANGEROUS BEHAVIOR WITH THE GRILL WILL RESULT IN LOSS OF DEPOSIT. Not cleaning the grill in the manner described will result in a fine up to $300.
9. DISHES AND COOKWARE: Please wash all dishes and cookware used. Place clean dishes back in their respective drawer/cupboard/area. Place all final dirty dishes in the dishwasher. Please start dishwasher before final departure.
10. Housekeeping: There is no daily housekeeping service. Fresh linens and bath towels are included. Daily maid service is not included. Towels or linens are not to be taken from the Property. Please leave all used towels in the bathtub(s) before departure. Please leave all beds used unmade and linens on their respective sleeping spaces.
11. Checkout is at 11am Sharp! (Unless otherwise agreed upon by Host/Homeowner/Manager) Not observing this rule could result in the loss of the a significant portion of the Deposit.
Please make sure:
1) trash is bagged and removed.
2) the space is clean like you found it.
3) all lights are turned off.
4) all windows and doors are closed and locked (with all window coverings closed).
5) all House Rules have been followed.
6) you and your belongings are out.
Please send a text to Host/Homeowner/Manager when all tasks are complete, before or at 11am (or agreed upon Checkout time). ((PHONE NUMBER HIDDEN). Host/Homeowner/Manager is not responsible for any accidents, injuries or illness that occurs while on the premises or its facilities. Host/Homeowner/Manager is not responsible for the loss of personal belongings or valuables of the guest. By accepting this reservation, it is agreed that all Guests are expressly assuming the risk of any harm arising from their use of the premises or others whom they invite to use the premise.
13. House parties or organized social events are strictly prohibited and grounds for immediate eviction. Sound/lighting equipment (other than provided by Homeowner), margarita machines, foam machines, fog machines, ice luges/blocks, are strictly prohibited.
14. MAKEUP: Do not use provided towels for makeup removal. Please bring/purchase necessary items to accommodate.
15. Decorations: The home may be decorated, but items may only be posted to the wall with BLUE PAINTERS TAPE. Pushpins and other types of tape will damage the paint and the drywall in the home.
16. Keep the property and all furnishings in good order
17. Only use appliances for their intended uses.
18. Pets are permitted only with prior approval. Please clean up after your pet.
19. DO NOT FLUSH anything other than toilet paper. No feminine products should be flushed at anytime. If it is found that feminine products have been flushed and clog the septic system, you could be charged damages of up to $500.
20. On departure please close and lock all windows and doors.
21. Report any problems with the property to Host/Homeowner/Manager as soon as noticed by calling the contact number provided.
22. No refunds will be given for storms. We do not refund due to road conditions.
23. Illegal substances are prohibited and grounds for immediate eviction.
24. Lock all doors/windows and shut/close all blinds when you leave the Property to keep your personal items safe.
25. Host/Homeowner/Manager is not liable or responsible for personal items left behind, lost or stolen. If you leave an item after checking out and wish to have it returned, call as soon as possible and, if found, arrangements for shipment will be made. Any shipping cost will be deducted from Deposit to cover the expense. Administrative fee may apply.
26. A lien may not be placed on the property.
27. Subsequent leases/subleases/rentals by Guest during the Stay without Homeowner’s written consent is prohibited.
28. Guest is not to enter onto the roof.
29. Guest is not to use the water for unreasonable amounts of time. Bathing must be conducted in a reasonable time frame.
30. Removal of household items is a serious infringement of your rental agreement. Any items removed form the home will result in fines outlined in the agreement on top of replacement costs.
***Furnishings and amenities will be furnished as described whenever possible. In the event that an item is damaged/broken/lost the Homeowner will restock as soon as possible. All items in description/pictures are not guaranteed.***
This Short Term Stay Agreement (“Agreement”) is made by and between ________________ (“Homeowner”) and __________________ (“Guest”) as of the date last set forth on the signature page of this Agreement. For good and valuable consideration, the sufficiency of which is acknowledged, the parties hereby agree as follows:
1. Property: The Property is located at:
__________________________, Austin, TX 78702
The Property is furnished and includes washer/dryer, refrigerator/freezer, gas stove, microwave, dishwasher, televisions, toaster, blender, coffee maker, fresh bed linens and towels. The property is privately owned and reflects our taste and requirements. Guest will not remove furnishings, kitchen items or any other items.
2. Guest’s Party: The Guest’s Party shall consist of Guest and the following persons:
FULL NAME AGE
3. Maximum Occupancy:
MAX OCCUPANCY IS __ PERSONS per International Property Maintenance Code. THIS APPLIES SPECIFICALLY TO THE _______________ HOUSE BASED ON FLOOR PLANS.
FURTHERMORE, MAX OCCUPANCY IS 6 UNRELATED ADULTS (18 years of age or older) per City of Austin Land Use Code. IN OTHER WORDS, EACH GROUP OF INDIVIDUALS RELATED TO EACH OTHER, IN YOUR PARTY, COUNTS AS 1 TOWARDS THE 6. THIS APPLIES TO ALL SHORT TERM OR VACATION RENTALS IN THE CITY OF AUSTIN. "UNRELATED" means not connected by consanguinity [blood relation], marriage, domestic partnership or adoption [OR a combination of these relations.]
__ related guests (all to each other) and __ unrelate(URL HIDDEN) OK
__ or more related guest(URL HIDDEN)NO
__ related guests and __ unrelate(URL HIDDEN) NO
5 married couples and ____________ ( ___________________________ ) OK
Groups of 2, __ and 4 related persons and 3 unrelated (6 groups of related) OK
If more than 6 persons in the Guest’s Party, explain relation of persons in #2 above:
[DESCRIBE WHO (FULL NAME) IS RELATED AND HOW IN DETAIL]
ONLY PERSONS IN THE GUEST’S PARTY SHOULD BE ON THE PROPERTY DURING THE ENTIRETY OF THE STAY. OTHER PERSONS ON THE PROPERTY WILL RESULT IN AN OVER OCCUPANCY VIOLATION. OVER OCUPANCY IS A SERIOUS VIOLATION OF THIS STAY AGREEMENT AND MAY BE SUBJECT TO IMMEDIATE EVICTION WITHOUT REFUND AND/OR ASSESSED FEES OF $2,000 PER NIGHT AND/OR LOSS OF THE ENTIRE DEPOSIT.
4. Term of Stay: The Term of Stay (“Stay”) begins at 4 p. m. CST on ______________ (“Check-in”) and ends at 11 a.m. CST on ________________ (“Checkout”). Check-in and Checkout dates and times are STRICT. Earlier Check-in and/or later Checkout times may be allowed at the Homeowner’s discretion and require additional fees. Luggage and other personal items are not to be kept on the property prior to Check-in or following Checkout.
5. Early Departure: Location changes and reduction in length of Stay changes cannot be accommodated. Early departure refunds are not allowed.
6. House Rules: Guest and all members in Guest’s Party agree to abide by the House Rules attached to this Stay Agreement at all times while on at Property. In addition, Guest and all members in Guest’s Party must use and operate all furnishings safely and only for their intended use, including electric and gas appliances, plumbing fixtures, electronic home entertainment property, and all other items of whatsoever kind or nature provided to Guest during the Stay for convenience. Guest will leave the home so that no extraordinary housekeeping will be required after departure. Guest will notify and reimburse for all necessary and reasonable repairs, replacement for damage or destruction or property caused by person mentioned above or for extra cleaning required. The Homeowner will notify Guest of the costs of damages or extra housekeeping within 14 days after your departure. Homeowner may bill Guest for these costs or remove these costs from the Deposit before refunding.
7. Restrictions of Property Use: All persons on the Property are prohibited from engaging in any unlawful activity or any activity that constitutes a nuisance. Violation of this rule will result in immediate eviction without refund, and Guest will be held liable for any damages to the Property, contents and grounds. Property may not be used for any activity in violation or local, state or federal laws, or Texas Insurance rules and regulations. VIOLATION OF THE CITY OF AUSTIN NOISE ORDINANCE WILL RESULT IN A LOSS OF THE ENTIRE DEPOSIT AND IMMEDIATE EVICTION WITHOUT REFUND.
8. Access: Guest shall allow Homeowner/Manager access to the Property for purposes of repair and inspection. Homeowner/Manager shall exercise this right of access in a reasonable manner.
9. Rates and Fees
a. Deposit: The Deposit is due at least 30 days prior to the Check-In Date unless booked online or otherwise noted in the Payment Breakdown/Payment Schedule.
The Deposit is for security and shall be refunded within 14 days of the Checkout Date provided no deductions are made due to:
i. violating City of Austin noise ordinance will result in loss of the entire deposit.
ii. damage to the property or furnishings;
iii. dirt or other mess requiring excessive cleaning;
iv. missing linens or other household items; replacement costs of any missing items plus a $200 administration fee per missing item;
v. replacement lock fee of $500 if home entry keypad is damaged;
vi. late checkout fees (minimum $400);
vii. all costs of litigation and/or collection, if Homeowner consults legal counsel or a professional collection service;
viii. over occupancy violations;
ix. fees for violations of the House Rules
x. any other cost incurred by Homeowner due to Guest’s Stay.
If the Deposit is collected in online, it will be returned according to the applicable website policies.
If the Property appears dirty or damaged upon Check-in, Guest shall inform Homeowner/Manager immediately. The Homeowner/Manager will make every effort to assure that appliances in the home are in operating condition. The Guest will report any problems as soon as they are discovered. Parts or outside service may be required. Alleviation of these problems cannot be guaranteed by Checkout. Refunds cannot be made for inconvenience due to mechanical failure of appliances.
b. Rates and Payment Schedule: Payment in full of the following fees shall be due within 30 days of the Check-in Date, unless otherwise noted.
$_____ - _ nights
$___ - cleaning fee
$___ - 15% city/state taxes (9% paid to city / 6% paid to state)*
$___ - Deposit (refundable)
$___ – TOTAL
*15% LOCAL AND STATE TAXES ARE COLLECTED BY THE HOMEOWNER AND THEN PAID TO THE CITY (9%) AND STATE (6%) MONTHLY OR QUARTERLY.
(if left blank, terms are as agreed upon online and no further payment is required)
1) $_____ paid by _____ to reserve.
2) $_____ paid on or before __________.
(if left blank, terms are as agreed upon online)
10. Payment Method: If booked through Airbnb, Guest agrees to pay the “Airbnb Booking Fee” charged to “Guest.” If booked through (SENSITIVE CONTENTS HIDDEN)/(SENSITIVE CONTENTS HIDDEN), Guest agrees to pay any fees charged to Guest. Payment accepted through Airbnb or (SENSITIVE CONTENTS HIDDEN)/(SENSITIVE CONTENTS HIDDEN) at discretion of Homeowner. Acceptable payment methods outside of booking online are credit card (invoiced through (SENSITIVE CONTENTS HIDDEN), add 3% fee or divide payment by 0.97) or payment to (EMAIL HIDDEN) through (SENSITIVE CONTENTS HIDDEN) Wallet, (SENSITIVE CONTENTS HIDDEN), or Chase QuickPay. Payment also accepted through (SENSITIVE CONTENTS HIDDEN) to (EMAIL HIDDEN) Guest agrees to pay all fees associated with these forms of payment. If by (SENSITIVE CONTENTS HIDDEN), "Send money to friends or family" with no fees to recipient. If you prefer to send as "Pay for goods or services" or a payment that has (SENSITIVE CONTENTS HIDDEN) fees paid by the recipient, include enough to cover payment and the associated fees.
11. Cancellation Policy: If Guest wishes to cancel his/her reservation, any and all money paid to Homeowner will not be refunded, including the Deposit, unless otherwise agreed upon buy rules and conditions through Airbnb, (SENSITIVE CONTENTS HIDDEN), or (SENSITIVE CONTENTS HIDDEN) websites. Homeowner may cancel reservation. In the event the Homeowner cancels the reservation, the Homeowner will refund all money paid from Guest to Homeowner for this Agreement.
12. Insurance: We encourage all renters to purchase traveler insurance. Please indicate Insurer and policy # if applicable (write N/A if no insurance):
13. Notification: It is Guest’s sole responsibility to inspect the Property upon arrival. In addition to inspecting the smoke detectors, Guest agrees to inspect Property to ensure that it is free of hazards and properly equipped for the elderly or handicapped. Guest assumes the entire risk of injuries arising from use of the Property. Guest will ensure that the Property has a secure shower or bathtub mat and that the Guest takes reasonable measures to prevent slips in the bathroom, on staircases, steps on balconies and throughout the Property. Guest agrees to take a higher degree of care in the use of the Property because of the type of the structures on the Property.
14. Smoking: Smoking inside or near windows or a door is prohibited and any violation will result in forfeiture of all payments and or deposits and be subject to additional charges.
15. Weather: There will be no refunds due to inclement weather or power outages.
16. Release of Liability: Guest agrees to release Homeowner from and against all liability should anyone incur loss due to theft or other cause and/or be injured upon the premises during the term of occupancy resulting from any cause whatsoever, except in the case of personal injury caused by willful gross negligence on the part of the Homeowner.
17. Attorney’s Fees: If Homeowner consults legal counsel or a professional collection service for collecting any amounts due to Homeowner under this Agreement, Guest shall be responsible for all costs of litigation and/or collection in case of such, including actual attorney’s fees.
18. Limitations on Stay: Homeowner will not be liable for circumstances beyond their control, including but not limited to appliances or air conditioning/heating failure, other mechanical failure, unfavorable weather, disruption of utility services including cable/satellite television, WIFI, etc. There will be no relocation, rate pro-ration or refund in the event of such circumstances. In the event Homeowner is unable to deliver the Property to Guest because of property sale, fire, mandatory evacuation, eminent domain, Acts of Nature, or if the property is unavailable because of construction delays or lack of utilities, Guest agrees that Homeowner’s sole liability, as a result of any of these conditions, will be a full refund of all payments tendered by Guest. Guest expressly acknowledges that in no event will Homeowner be held liable for any other condition out of the control of the Homeowner, or for any incidental or consequential damage, including but not limited to expenses that result from moving or for any other losses.
19. Tenancy: The Guest acknowledges that this in NOT a tenancy for the Property. The Property is not rented for more than 30 days. Property laws do not apply to license granted herein, and the Guest may be removed as a trespasser immediately upon termination of this license. Often a Guest is scheduled to begin a vacation in the Property on the same day as the checkout day of another prior Guest. If Guest stays even one additional minute, Homeowner would face significant logistical problems with the next guest, including possible liability. As such, Guest agrees to vacate immediately upon Checkout. Failure to do so will entitle Homeowner, in addition to all other remedies available to it, to have Guest ejected by law enforcement as trespasser and to physically remove Guest and all of Guest’s possessions from the Property (for which Guest hereby grant permission and consent) and obtain damages and injunctive relief against Guest.
20. Invalid provisions: If any provision of the Agreement is held to be illegal, invalid or unenforceable under present or future laws effective during the term hereof, such provision shall be fully severable and this Agreement shall be construe and enforced as if such illegal, invalid or unenforceable provision had never comprised a part hereof; and the remaining provisions hereof shall remain in full force and effect and shall not be affected by illegal, invalid or unenforceable provision or by its severance hereof. Furthermore, in lieu of such illegal, invalid or unenforceable provision there shall be added automatically as part of the Agreement a provision as similar in terms to such illegal, invalid or unenforceable provision as may by possible and still be legal, valid or enforceable.
21. Entire Agreement: This Agreement sets forth the entire understanding of the parties and supersedes all prior agreements or understandings, whether written or oral, with respect to the subject matter hereof. No amendment or modification hereto shall be binding unless made in writing and signed by the parties hereto.
22. Waiver: The wavier by either party hereto of a breach of any term or provision of this Agreement shall not operate or be construed as a waiver of a subsequent breach of same provisions by any party or of the breach of any other term or provisions of this Agreement.
23. Applicable Law: THE TERMS AND PROVISIONS OF THIS AGREEMENT, SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. COURTS WITHIN THE STATE OF TEXAS SHALL HAVE JURISDICTION OVER ANY AND ALL DISPUTES BETWEEN THE PARTIES HERETO, WHETHER IN LAW OR IN EQUITY, INCLUDING BUT NOT LIMITED TO, ALL DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT; AND VENUE OF SUCH DISPUTE WHETER IN FEDERAL OR STATE COURT SHALL BE LAID IN TRAVIS COUNTY, TEXAS.
24. WAIVER OF JURY TRIAL: HOMEOWNER AND GUEST(S), BY EXECUTION AND ACCEPTANCE OF THIS AGREEMENT, ACKNOWLEDGE THAT THE RIGHT TO A TRIAL BY JURY IS A CONSTITUTIONAL ONE, BUT THAT IT MAY BE WAIVED. EACH PARTY, AFTER CONSULTING (OR HAVING THE OPPORTUNITY TO CONSULT) WITH COUNSEL OF THEIR CHOICE, KNOWINGLY AND VOLUNTARILY, AND FOR THEIR MUTUAL BENEFIT, WAIVES ANY RIGHT TO TRIAL BY JURY IN EVENT OF LITIGATION REGARDING THE PERFORMANCE OR ENFORCEMENT OF, OR IN ANY WAY RELATED TO, THIS AGREEMENT, THE PARTIES’ OBLIGATION THEREUNDER, OR THE PROPERTY.
25. Headings: Headings of the paragraphs herein are used solely for convenience and shall not be used for interpretation or construing any word, clause, paragraph, or provision of this Agreement. Reservation, Guest hereby agrees and accepts all the terms and condition stated above.
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