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SHORT TERM RENTAL AGREEMENT

This Short Term Rental Agreement (the “Agreement”) is made by and between Glacier Bear Retreat, LLC as Owner and GUEST, (“Guest”) as of the electronic acceptance date 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 inside Glacier National Park at:
    348 Grist Road, West Glacier, MT, 59937 (406) 888-9889The property is furnished and includes household appliances, furnishings, decorations, artwork, linens, towels, kitchenwares, audio/video equipment and personal property.
    All bookings and payments must be made through VRBO, AirBnB, or paid directly through Owner.
  2. Rental Party/Maximum Occupancy:  The rental party shall be limited to the number listed on the rental reservation through the initial reservation.The maximum number of guests is limited to 8 persons, unless a specific written exception has been made by Owner. An additional charge of $100 per person per night for guests in addition to above guests will be assessed.
    At all times during said rental period, Guest agrees to have no more than the allowed number of guests for occupancy, (including children). If more than the stated number of guests are found to be occupying the unit, without prior written permission, Owner has the right to terminate this contract and Guest will forfeit all monies paid, including rent, cleaning, and deposits.
  3. Term of the Lease.  The rental period begins at 4pm on the dates in the reservation and will end at 10am, on the check out date. Check in time is 4pm and check out time is 10am.  Saturday is the turn day, unless other arrangements have been approved by Owner in advance.
  4. Rental Rules:  Guest agrees to abide by the Rental Rules attached as Addendum A and to abide by the Rules in the Guidebook provided upon booking, at all times while at the property and shall cause all members of the rental party and anyone else Guest permits on the property to abide by the following rules at all times while at the property. Should Guest violate these rules, Glacier Bear Retreat reserves the right to cancel this rental immediately with no refund due to Guest for any remaining time.
  5. Noise: Guest understands that Glacier Bear is located in a pristine environment and agrees that they, and all members of their rental party will be respectful to our neighbors, including, driving slowly on the road to the property, not creating any noise (including music) which the neighbors can hear, especially in the evening and during the night. Any violation of this rental agreement and Guest will be required to leave immediately, with no refund for any unused rental time.
  6. Access:  Guest shall allow Homeowner access to the property for purposes of repair and inspection.  Homeowner shall exercise this right of access in a reasonable manner.
  7. Rental Rate and Fees: The rental rate shall be as stated on the reservation, with additional guests permitted by special permission, at a rate of $100/night per extra person.
    1. Deposit:  A deposit of 50% of the rental amount is due to hold the reservation. The deposit is non-refundable and applied toward the rental fees.
    2. Balance:  The balance of the rental, (remaining 50%) and all taxes, insurance fees, security deposit and cleaning fees must be paid in full, 60 days prior to the Check-In Date.  See the booking confirmation for the financial details.
  8. Security Deposit: Guest shall deposit $1,500 as a security deposit for any damages to the property. Said security deposit shall be returned to Guest within 14 days of departure, less any deductions for damages. In addition, Guest shall purchase a $99 insurance policy through VRBO, AirBnB or booking site, to cover damages up to an additional $3000. Guest understands that any repair or replacement costs shall be deducted from said $1500 deposit prior to any insurance claim being filed. Should Guest wish to file a claim with the insurance company for reimbursement of any deduction from the $1500 deposit, they have the right to do so.Should said damages exceed coverage, Guest hereby assumes all liability for reimbursement to Owner for any damages caused by Guest and their party within 5 (five) business days of receipt of invoice from Owner.
  9. Condition of Property: Guest shall return the premises in the same condition as received. As a part of the rental agreement, Guest will pay a $350 cleaning fee, which includes normal “turn” cleaning. Guest agrees they will be responsible for excessive additional cleaning if needed, and hereby agrees to have excessive cleaning deducted from their security deposit, at Owner’s sole discretion. Guest also agrees to leave the property in good condition with all items, furniture, etc in the same place as where they found them upon move in.
  10. Cancellation Policy: Guests are advised that the initial 50% deposit and the full payment (if already paid) is NON-REFUNDABLE.Glacier Bear Retreat shall refund the balance ONLY in the case that Owner is able to re-rent the property for the same terms and conditions as the booking confirmation, attached and a part of this agreement. A 10% (of the rental fee) remarketing fee shall be charged. Rather than pay a 10% remarketing fee, Guest also has the option to receive a full credit to be used for a future rental of the property, within 18 months of cancellation.
    Should Owner not be able to re-rent the property for said canceled time, no refund or future credit shall be offered. Rental Insurance (as detailed in #11 below) is recommended.
  11. Travel and Vacation Rental Insurance:  Life is unpredictable, therefore, we encourage all guests to purchase the Carefree Rental Guarantee through VRBO. If purchased by you, this insurance reimburses you for prepaid non-refundable expenses due to certain unforeseeable circumstances that may jeopardize your vacation investment and force you to incur unplanned expenses. This can include but is not limited to sudden illness, death in the family, or property unavailability due to Force Majeure. It is strongly recommended that Guest purchase this valuable protection; however Guest has the option to decline to purchase travel insurance. You can purchase Travel Insurance from many providers. A summary of the policy offered by VRBO upon checkout is approximately $250. Should you have questions or wish to cover your stay, please contact VRBO directly online or at (877) 202-4291.Owner is not responsible for the relocation of Guest should the house become non-habitable due to acts of God, such as wildfire, floods, tornadoes, earthquakes and natural disasters, and are not liable for the costs of finding an alternative accommodation or for damages because alternative accommodation cannot be found. We recommend the purchase of trip insurance that would protect Guest from monetary loss from such an event.
  12. No Assignment or Subletting: This Agreement shall not be assigned, nor the premises sublet without the written consent of the Owner. Guest acknowledges that they will personally occupy the property for the entire lease or rental period and will not sublet any portion of the property. Violation of these terms shall give Owner the right to immediately evict Guest and terminate this Agreement, and Guest will forfeit any right of return of any monies paid to date including any security deposit.
  13. INDEMNIFICATION:  Guest agrees to indemnify Owner and Owner’s Agent and save Owner and Owner’s Agent from and against any and all claims, actions, damages, liabilities and expenses, including reasonable attorney’s fees in connection with the loss of life, personal injury and/or damage to the property arising from or out of any occurrence in, upon, or about the premises, occasioned by an act or omission by Owner, Owner’s Agent, Guest or other occupants.OWNER and OWNER’S AGENT SHALL HAVE NO LIABILITY FOR DAMAGES OR INJURY to Guest or Guests: It is expressly understood and agreed that Owner and Owner’s Agent will not be liable for any damages or injury to Guest or other occupants and their property from whatever cause arising from the occupancy of said premises, both inside and outside of the house, whether on the property or elsewhere.
    Guest specifically accepts ALL liability for use of bunk beds and hot tub on the property and understands that Owner and Owner’s Agent shall have no liability from any accidents, injuries, or death that may result from the proper or improper use of said bunk beds or hot tub. Guest accepts said liability by voluntary use of said bunk beds and hot tub.
    Owner provides recreational equipment, including but not limited to kayaks, bicycles, etc., for Guest’s use and enjoyment. Guest agrees that they are solely responsible and liable for any accident, injury or death from any and all use of such equipment.
    The property is known to have bears, mountain lions and other dangerous animals present. Guest accepts full responsibility to carry bear spray, know how to use it, and take precautions to minimize any danger. Regardless, Guest and all occupants accept understand the inherent risks of being on the premises, and specifically release Owners and Owner’s Agent from any and all liability if Guest or occupants experience injury or death.
    THE SUPERVISION AND SAFETY OF ALL CHILDREN ARE THE DIRECT RESPONSIBILITY OF GUEST OR PARENTS, OR CARETAKERS OF ANY CHILDREN ON THE PREMISES, including but not limited to streams, camp fires, and any other activities on the premises. Guests use the property including but not limited to the firepit, bridge, picnic area and hammocks at their own risk.
    Guest acknowledges that the lighting of appliances such as fireplaces and BBQ’s carry an inherent risk of injury if lit improperly, and Guest agrees to read the Welcome Book and exercise reasonable care when using such appliances, and release the Owners and Owner’s Agent from any and all liability should Guest be injured or killed in the use or misuse of such appliances.
  14. ENTIRE AGREEMENT: This document and any attached addenda constitute the entire agreement between the parties. No oral statements shall be binding. This Agreement may only be amended by a written document duly executed by all parties. It is the intention of the parties that if any portion of this Agreement is invalid for any reason, such invalidity shall not void the remainder of the Rental Agreement.
  15. DISPUTES AND JURISDICTIONS: This agreement shall be interpreted under the laws of the State of Montana. Any dispute under this Agreement shall be resolved in the County of Flathead, State of Montana. All disputes, controversies or claims arising out of or relating to this contract shall be submitted to mediation or arbitration in the County of Flathead. If either party brings an Action to enforce its rights under this agreement, the prevailing party may recover its expenses (including reasonable attorneys’ fees) incurred in connection with the Action and any appeal from the losing party.
  16. GUEST ACKNOWLEDGES THAT THEY HAVE REVIEWED AND UNDERSTAND THE TERMS OF THIS AGREEMENT and the Rules and Regulations attached, and agree to be bound by them.
  17. Guest and Owner acknowledge that electronic acceptance of this Agreement is legally binding acceptance of all terms and conditions, the same as if Guest had actually executed the Agreement in person.

ACKNOWLEDGEMENT of AGREEMENT On this day, the parties agree to the terms of this Short Term Rental Agreement, as evidenced by their electronic acceptance of this Agreement.

 

ADDENDUM A

RENTAL RULES

By making a reservation at Glacier Bear Retreat, Guest agrees that Guest and Guest’s party will abide by these Rules and Regulations, as well as any other Rules and Regulations posted in the Guidebook or on the property.

  1. The Guest understands and agrees that the Owners of Glacier Bear Retreat and Owner’s Agents are not responsible for any accidents, injuries or illness that occurs while on the premises or its facilities. Guest specifically indemnifies and holds the Owner and Owner’s Agent  harmless from any liability. The Homeowners are 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. If all guests on this reservation do not personally sign this waiver of liability, then the renting guest, below, accepts liability for his guests and hereby waives any Owner liability on their behalf.
  2. Owner and/or Owner’s Agent are not responsible for the loss of personal belongings or valuables of the guest.
  3. Keys to the property will be available at 4pm on Saturday, the starting day of your rental week. There is a key box on the front porch with a spare key, should you lock yourself out of the property. The code will be provided to you at check in. If you do use this key, please return it to the lock box immediately after use, so that it is there should you lock yourself out.
  4. People other than those in the Guest party set forth in the Rental Agreement may not stay overnight in the property. The property shall not be used for large gatherings (i.e. dinner parties, weddings, parties, etc.) without advance express written permission of the Owner.
  5. Guest promises to keep the property and all furnishings in good order and to leave the property in the same (or better) condition than when it was rented.
  6. Guest promises to only use appliances and amenities of the vacation rental for their intended uses.
  7. The Guidebook to Glacier Bear Retreat: This informative notebook will be available for you anytime prior to your stay. A hard copy will also be waiting for you in the dining room. This guide contains information about Glacier National Park, the area, the house and tips to help you enjoy your stay.
  8. Children: Glacier Bear Retreat is family friendly and welcomes well-behaved children who are respectful of the property. Parents hereby agree to supervise their children both indoors and outdoors, especially in and around the hot tub, by the fire pit and streams, and in the bunk bed areas.
  9. Housekeeping: Linens and bath towels are included in the rental rate. A washer/dryer are provided for Guest’s use. Mid-stay maid service can be arranged for an additional charge, if requested in advance by the Guest. Owner would greatly appreciate if Guest would start the first load of towels on the morning of check out.
  10. Fireplaces
    1. Interior Fireplace: The interior fireplace is only for the burning of firewood, which is provided. Please do not throw any refuse or other combustible materials in the fireplace. Please read the guidelines on how to use the fireplace insert properly PRIOR to starting a fire. This fireplace will get HOT so take precautions to keep children away from the fireplace when lit. Guest agrees to use fireplace at their own risk.
    2. Outdoor Fire Pit: Please keep your campfire SMALL and manageable. We are inside Glacier National Park and want to protect this beautiful wilderness. Therefore, use only small logs provided for burning. NEVER leave the fire unattended. Make sure you know where the water hose is (by the well house next to the fire pit – just pull up on the blue handle) and how to turn it on in case of an emergency. ALWAYS completely douse the ashes when leaving the fire.
  11. Water and Septic: Our home is on a well and sewer system. The system is very effective; however, it will clog if improper material is flushed. DO NOT FLUSH anything other than toilet paper. No feminine products should be flushed at anytime. Please use only the toilet tissue that is provided. If there is a clog in the septic system, Guest will be charged damages accordingly.
  12. Hot Tub: Guest understands that a hot tub is available on the property for their private use. Guest assumes any and all liability from use of said hot tub. Guest is aware that consuming alcoholic beverages while in the hot tub increases the alcoholic effect of the alcohol. Guest will keep the hot tub closed and tabs locked when not in use, and will supervise any children when using the hot tub. By using the hot tub guest agrees to assume all liability from said use and hereby indemnifies Owner and Owner’s Agent from any and all claims.
  13. Weather: Glacier Bear Retreat is located in snow country, in the scenic mountains inside Glacier National Park. We love the snow but local roads can be snow covered, curvy and steep. Access to Glacier Bear Retreat by car is prohibited by the Park from January 1st through March 15th to 30th, weather depending. If you are booking for a winter holiday, please plan to leave your car at the gate to our road, about 2/10th of a mile away. You will be responsible for shoveling your car out should we receive significant snow during your stay. Another option is to arrange a pick-up and delivery service for you – creating a true wilderness experience (in luxury, of course!). We highly recommend four wheel drive and/or chains during the winter months. We cannot refund due to road conditions due to weather. Again, Travel Insurance is recommended.
  14. Pets: Unfortunately, pets are NOT allowed on trails in Glacier National Park. Therefore, no pets are permitted at Glacier Bear Retreat at any time, not even visiting pets, inside or outside.
  15. Smoking: Smoking is NOT allowed on the property, either inside OR outside.
  16. Alcoholic Beverages & Drugs: Guest agrees that there will be no illegal activities on the premises, including but not limited to: possession, serving or consumption of alcoholic beverages by anyone under the age of 21; or the possession or use of any illegal drugs.Guest understands that there is a full bar and wine bar at Glacier Bear. Guest has full access to and accepts full responsibility for the alcoholic beverages unless they request that all alcohol be removed by Owner prior to occupancy. Guest understands that all alcohol is provided only as a convenience and that Owner is not selling alcoholic beverages and shall have no liability whatsoever. Guest acknowledges that alcohol is available on an honor system basis and agrees to replace anything Guest and Guest’s party consumes if they enjoy more than a bottle of wine or a substantial amount of any particular spirit.
    Guest accepts full responsibility and liability and hereby indemnifies Owner and/or Owner’s agents for anything that happens in reference to Guest and/or Guest’s party partaking of any alcoholic beverages or drugs on the property.

By making a reservation at Glacier Bear Retreat, Guest agrees that Guest and Guest’s party will abide by these Rules and Regulations, as well as any other Rules and Regulations posted in the Guidebook or on the property.