On Pointe Lakefront Resort Information

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Receipt of deposit constitutes guests acknowledgement of this Rental Agreement.

 Quincy-Coldwater Parties and Vacation Resorts, Inc 

VACATION RENTAL AGREEMENT

Upon the terms and conditions herein stated, this Vacation Rental Agreement (“Agreement”) is entered into between Quincy-Coldwater Parties and Vacation Resorts and the Guest identified below (“Guest”).

Guest Information:

(Security deposit refund will be mailed to the below address unless otherwise requested.)

Name: ______________ _______________ Home Phone: _____________  ______

Address: _____________ _____ _ ____  Cell:___ _______

__________ _ _ ______ _  E-mail:_   __

1. Term: Check-in is 3:00 p.m. on the Arrival Date and Check-out is 11:00 a.m. on the Departure Date.  Guests are not allowed on the property until after 3:00 p.m. on the arrival date. Guests that do not vacate the property by 11:00 a.m. will be subject to a fee equal to one rental day.

2. Property: This Agreement entitles the Guest to use the cottage(s) in which they are renting, as well as, the patio or deck and fire pit that goes with the cottage(s).  Use of any canoe or kayak on a first come first serve basis and if used will be put back on the rack. The use of any other cottage, patio or deck, or fire pit that is not being rented by the Guest, is not permitted. The use of the workshop or red storage shed is not permitted.  The remaining premises must be shared by all Guests. Each Guest must dock their boat on the Channel side dock. No docking or mooring is allowed in the beach area or the T-dock.  All Cottages on the property are furnished and include a refrigerator, stove, microwave, coffee pot, dishwasher, outdoor grill, and bed linens. Any furnishings are subject to change without notice. Any property items supplied for each cottage must not be transferred from one cottage to another. Loss or damage to any of the property or furnishings in excess of normal wear will be charged to the Guest. The owner of the property reserves the right to inspect any of the cottages at any reasonable given time.  The vacation rental property is located at: (directions available upon request) 

218 Valley Lane

Coldwater, MI 49036

Note 1– No wake area between beach and 20 ft past the swim raft. Any Guest found not adhering to the no wake area or determined to be using their watercraft in an unsafe manner vicinity the shore or other guests will be asked to remove their watercraft from the water and premise. Note 2 - No Lifeguard on Duty.  All guests are responsible for understanding the local boating and water safety rules. (See Michigan DNR website, for details). 

3. Occupancy Limit: Guests shall not exceed the maximum number of people allowed at each cottage. Additional guests, if found, will be charged $50 per person. This number also includes “Day Guests”. If Guests are found to be in violation of this, they may be evicted and all amounts paid will be forfeited by Guest and there will be no refund of money. The maximum number of people allowed at each cottage is:

Cottage 1- Lake House: Twelve (12) people

Cottage 2- Bungalow: Seven (7) people

Cottage 3 – Getaway: Four (4) people 2 adults, 2 children under 12

Cottage 4 – Long House: Eight (8) people

Cottage 5- Channel House: Eight (8) people

4. Rental Amount, Fees and Payments: As stated in the invoice or IAW third party payment schedule.

Any returned payment by the supporting institution for any reason will be charged a $40 fee and possible cancellation of Reservation and all rights and privileges hereunder. 

5. Cancellation Policy: As stated on the company website or in the third party reservation.

6. Refund Policy:  No refunds or discounts are given for late arrival or early departure. No refund is due, or will be made, for inclement weather. No refunds or discounts are given due to tenants dissatisfaction of homes décor, breakdown of appliances or other conditions over which there is no control. Please report any inoperative equipment to the owner immediately. Owner will make every reasonable effort to have repairs done quickly and efficiently.

7. Security Deposit Refund: Your Security Deposit will be refunded within 30 days of departure, provided no damage or additional charges have occurred or in accordance with the third party site reservation was booked through. Guest will be notified of any damage and additional costs in writing. Guest, by signing below or making reservation through third party site, assumes full responsibility for any items found to be missing and any damage due to misuse, negligence or action on Guest's or Guest’s visitors part. If charges exceed security deposit the lessee agrees to pay all additional costs to include a $50-100 administration charge.

8. Repairs and Maintenance: Repair and maintenance problems must be brought to managers attention within 24 hours of occupancy or occurrence or Guest could be held liable for all such damages or repairs. Manager will not be responsible for any unauthorized expenses incurred by Guest or his/her Guests. Costs of needless or unauthorized service will be charged as damage cost. 

9. Smoking: Smoking (of any kind) is strictly forbidden inside all the cottages including the enclosed porch as well as the fish shack and camp store. Evidence of smoking inside the dwellings will result in immediate termination and forfeiture of all amounts paid and will result in an additional $250 Cleaning Fee to Guest as damage cost. Smoking is permitted on the outside of the dwellings. Guest is responsible for ensuring that smoking products, if used, are properly distinguished and product remains, such as cigarette butts, are properly disposed of and not left on the grounds. 

10. Pets: All pets must be declared prior to check in or a $150 fee will be assessed. A maximum of two, clean, well behaved pets under 80 lbs each are welcome. A $50 pet fee for the 1st pet and $30 for the 2nd will be collected prior to check-in. All guests with pets are required to use the pet covers provided for the furniture for the duration of their stay. Additionally, since there is shared space with other families, children, and pets a current shot record showing current Rabies, Bordatella, Distemper/Parvo/Lepto is required and your pet will be checked for fleas. To keep the grounds clean for all guests and to reduce the risk of yard "bombs" there is a designated dog walking area on the grounds and waste disposal area. However, as pet owners ourselves, we understand accidents happen and just expect you to be considerate of those coming after you and clean up after your pet.

11. Fireworks: Fireworks of any kind are not permitted on the property, with the exception of July 3-5 each year. During those dates non-aerial fireworks are permitted on the beach, or in the gravel parking lot and must be done by 10:00pm. NO M80 or other “Banger” type fireworks. Bottomline if it is louder than a whistler, it is too loud!

12. Noise: All Guests agree to use common sense in keeping noise volume low during quiet hours. QUIET HOURS: SU-TH 10:00pm - 7:30am/ F-SA 11:30pm - 7:30am. Any police enforcement actions are at the sole risk and expense of the registered Guest and may result in damage cost and/or immediate eviction and forfeiture of all amounts paid. 

13. Parking/Speed Limit: Speed Limit is 5 MPH on all portions of Valley Lane Rd. Parking is limited. Each cottage is allowed the following number of vehicles plus one boat trailer, unless other arrangements are made with management. If Guest does not have boat trailer the spot maybe used for an additional vehicle. Guests must adhere to all posted parking signs.

Cottage 1: 3 vehicles, Cottage 2: 1 vehicle, Cottage 3: 1 vehicle, Cottage 4: 2 vehicles, Cottage 5: 2 vehicles

All parking must occur in the property’s driveway and gravel areas. No parking is permitted on the private road or yard, or on neighbors’ property.

14. Access to Property: Guest agrees to allow the Manager and/or maintenance/service personnel access to the premises when necessary for inspections, repairs, or maintenance. Manager shall exercise this right of access in a reasonable manner. 

15. Compliance with Laws: Guest agrees to comply with all Local, State and National laws at all times while present on the property and will cause and be responsible for compliance by any invitees with these same laws. Guest shall be responsible for and shall indemnify Manager for any damages caused by any breach of this section. 

16. Liability and Damage: Guest agrees to defend, indemnify and hold Quincy-Coldwater Parties and Vacation Resorts, Inc harmless from any and all liability, claims, loss, property damage or expenses, arising by reason of any injury, death or damage sustained by any person, or to the property of any person, in or on the property during the Term of this Agreement, including Guest, additional invitees or visitors of Guest, where such injury, death or damage is caused by a negligent or intentional act of Guest, additional guest or any of Guest’s visitors or invitees. 

17. Cause for Eviction: The Guest and all parties with the Guest will be subject to immediate eviction from the property if the Guest or parties of the Guest violate any terms of this Agreement, including but not limited to, violation of the occupancy limit, pet restriction, smoking, illegal drug use, and excessive noise. In the event of eviction from the Property, the Guest shall forfeit all amounts paid and there will be no refund of money. 

18. Casualty or Destruction: Should the Property be destroyed or rendered uninhabitable by an Act of God (including, but not limited to, tornados, storms, floods or fires), or by environmental disaster, or loss of utilities prior to occupancy, this Agreement shall become null and void, and all payments made hereunder shall be refunded to Guest. 

19. Attorney’s Fees and Costs: If Manager employs the services of an attorney to enforce any conditions of this Agreement, to collect any amounts due, the eviction of the Guest, or because Guest takes any action to recover funds not due, Guest shall be liable for reasonable attorney's fees and costs incurred by Manager. 

20. Short-Term Rental: It is expressly understood and agreed that this is a short-term vacation Rental Agreement and is not a lease or other long term residential tenancy agreement. This Agreement is only for the licensed use of the Property for the stated Term. It creates no property rights of Guest and no rights to renewal or for recurring usage. This Agreement is also neither a Time-Share sale or a Plan of Time-Share Development, nor a Vacation Club. 

21. Linens and Departure Cleaning Service: A basic supply of bed linens are provided for each cottage. It is the Guest’s responsibility to make the beds in which they use. Guest’s linens are not changed during their stay. The startup set of hand soap, toilet tissue, and other household conveniences are not replenished. The Guest is required to leave the cottage(s) picked up and in an orderly manner. See posted Checkout checklist for additional checkout instructions. Charges for missing items, repairs or excessive cleaning, such as stains or spoiled food left behind, will be charged to Guest. 

22. Cable Television: Basic cable television is provided to the property at no charge. Quincy-Coldwater Parties and Vacation Resorts, Inc is not responsible for content of movies and shows viewed by Guests. Quincy-Coldwater Parties and Vacation Resorts, Inc does not warrant that the service will be uninterrupted and error-free at all times. Guests are not permitted to subscribe to additional services, such as Premium Channels or Special Event Programs.  

23. Internet:Basic internet service is provided to the property at no extra charge. Guests may use this service at their own risk. Quincy-Coldwater Parties and Vacation Resorts, Inc does not warrant that the service will be uninterrupted, timely, secure or error-free at all times or will meet Guest’s requirements. Quincy-Coldwater Parties and Vacation Resorts, Inc is not responsible for the security, integrity, accuracy or completeness of any information that is transmitted or received by the Guest while using this Service.

24. Succession, Assignment: This Agreement is binding on, and the benefits inure to, the heirs and personal representatives of the parties. However, neither this Agreement nor any rights hereunder may be assigned (in whole or in part) by Guest. 

25. General Terms: This Agreement is made in, and shall be governed solely by the laws of, the State of Michigan. Venue for enforcement shall be the Courts of Branch County, Michigan.  If any section, clause, paragraph or term of this Agreement is held or determined to be void, invalid or unenforceable, for any reason, all other terms, clauses or paragraphs herein shall be severed and remain in force and effect. This Agreement is taken in full compliance with federal, state and local Fair Housing Laws, without regard to race, color, religion, sex, country of origin, handicap or familial status. Guest is to be mindful that this Property is located in a residential area. All Guests are expected to be courteous to all neighbors, to be respectful of the rights of others, and to not be noisy, including loud music. 

26. Acknowledgment: I understand and accept the terms and conditions on all pages of this Agreement. Any reservation made under a third party site or paid in full from the company website will be considered acknowledgement and acceptance of this agreement.

________________________________________________ _________________________________________

Guest Date

The Guest signing this Agreement must be at least 18 years of age and will be held responsible for all other parties and/or Guests of the Guest for compliance with this Agreement, with listed policies, ordinances, rules and regulations and for any losses incurred by Manager or to the Property due to negligence or vandalism.