Lakemore Resort

Rental Agreement, to be signed electronically after online payment is made. Minimum age to rent is 30 years old.  Rental agreement Draft is printed below:

This Short Term Weekly Rental Agreement (the “Agreement”) is made by and between Lakemore Resort, LLC (“Homeowner” or “We”, “Us” or “Our”) and You (“Guest” or “You”) 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: This Agreement entitles You to use one Lakemore Resort home and exterior grounds, including the dock, and premises located at:

1751, 1755, 1763, 1825, 1827, 1839 or 1841 Memory Ln Traverse City, MI 49696 (whichever your reservation indicates)

The property (“Property”) is furnished and includes linens, towels, and full-service kitchen, beach access, dock, gas grill and hot tub, canoes, kayaks, stand-up paddle boards and other amenities offered, including, without limitation, those made available on the premises, though subject to change (hereinafter “Amenities” and collectively incorporated into and referred to as the “Property”). BY USING ANY AND ALL AMENITIES, YOU RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE US FROM ALL LIABILITY FOR ANY INJURY, DEATH OR PROPERTY DAMAGE TO YOU, YOUR PERSONAL REPRESENTATIVES, HEIRS, AND NEXT OF KIN, FOR ANY CLAIMS, CAUSES OF ACTION, OBLIGATIONS, LAWSUITS, CHARGES, COMPLAINTS, CONTROVERSIES, DAMAGES, COSTS OR EXPENSES OF WHATSOEVER KIND, NATURE, OR DESCRIPTION, WHETHER DIRECT OR INDIRECT, IN LAW OR IN EQUITY, IN CONTRACT OR IN TORT, OR OTHERWISE, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR CONNECTED WITH YOUR (OR YOUR CHILD/WARD’S) UTILIZATION OF THE AMENITIES.

2. Rental Party: The rental party shall consist of Guest and those identified in the Booking Confirmation only.  All members of the Rental Party agree to the terms of this Agreement, though Guest is ultimately responsible for compliance with all of the obligations of this Agreement.  By accepting this Reservation, it is agreed that Guest and Your invitees are expressly assuming the risk of any harm arising from their use of the Property or others whom they invite to use the premise.

3. Maximum Occupancy: The maximum number of guests is limited to 8 adults and up to 5 additional children per home, unless otherwise agreed to in writing by Homeowner.

4. Term of the Reservation: The reservation begins at 4 p.m. on the date set forth in your online booking "checkin date"  and ends at 10 a.m. on the date set forth in your online booking "checkout date"  It is expressly understood and agreed that this is a short-term vacation rental agreement and is not a reservation or other long-term residential tenancy agreement, creates no Property rights for Guest and no rights for renewal or recurring usage, absent separate written agreement.  This Agreement is not a Time-Share sale, a Plan of Time-Share Development or a Vacation Club.

5. Rental Rules and Additional Terms and Conditions: Guest agrees to abide by the Rental Rules and additional Terms and Conditions attached, all of which are incorporated into this Agreement, 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 same at all times while at the Property.

6. Rental Rate, Fees and Payment You agree to pay the rent and all fees to Homeowner as outlined in the attached quote or invoice.
A Reservation Deposit equal to fifty percent (50%) of the Total Amount Due is due upon signing this Agreement, with the Total Amount Due no later than sixty (60) days prior to your Check-In Date.  No reservation is effective until receipt by Homeowner of the Total Amount Due.  Any check returned by the bank or other payment charge-back for any reason will be charged a $50 fee and possible cancellation of the Reservation. Your Security Deposit will be refunded within thirty (30) days of departure, provided no damage to the Property, or anything provided therein and thereon, or additional charges have occurred.  Guest will be notified of any damage and additional costs in writing.  Guest, by signing below, assumes full responsibility for any items found to be missing and any damage, including, without limitation, excessive utility usage, except in the case of normal wear and tear reported and damage found and reported to Homeowner upon arrival.

Acceptable payment methods are credit card or direct deposit (ACH).  In the event of credit card payment, an additional 4% charge will be owed by Guest.  

7. Cancellation Policy: If Guest wishes to cancel his/her reservation, the deposit will be refunded as follows:

If cancelled 60 days prior to the Check-in Date: Full refund minus processing fees (4% if CC used, or $10 if Electronic Bank Transfer)
0% if cancelled 59 days or less prior to the Check-in Date

If, at 59 days or less prior to the Check-in Date, the Guest cancels this Agreement and the Reservation Deposit and any other portion of the Total Amount Due (if received by Homeowner) will be forfeited.

Failure to pay the Total Amount Due when due will be considered a cancellation of the Reservation.  No refunds or discounts are given for late arrival or early departure.  No refund or discount will be made for any reason, including, without limitation, inclement weather or Guest’s dissatisfaction with the Property.


8. Repairs and Maintenance: Repair and maintenance problems must be brought to Homeowner’s attention immediately, and in no event more than within 24 hours of occurrence, or Guest will be held responsible for repairs resulting from damage or unaddressed maintenance.  Homeowner will not be responsible for any unauthorized expenses incurred by Guest or its invitees, and Guest will be charged for the same.
Homeowner and Guest agree to the terms of this Short Term Rental Agreement, and its incorporated Rental Rules and Terms and Conditions, as evidenced by the signatures set forth below.

Rental Rules
1. NO Smoking. Smoking is NOT allowed inside the Property, including the enclosed porch.  Evidence of smoking inside the Property will result in immediate termination and forfeiture of all amounts paid and will result in additional cleaning fees to Guest.  While smoking is permitted on the outside of the Property, Guest is responsible for ensuring that any smoking products are properly distinguished and product remains, such as cigarette butts, are properly disposed of and not left on the Property.

2. NO Pets. Pets are not permitted unless given written permission from Homeowner. 

3. Limited Guests. People other than those in the Guest party set forth above may not stay overnight in the Property. Any other person on or in the Property is the sole responsibility of Guest.

4. Your Stuff.  The Homeowners are not responsible for the loss of personal belongings or valuables of the Guest.  You are solely responsible for maintaining Your belongings when used in and around the Property.  You are encouraged to use the security system.

5. Our Stuff. Keep the Property and all furnishings in good order.  Do not remove any Property or furnishings from the Property, for any reason, including, without limitation, the iPad, Sonos Sound System and/or other items in or on the Property.  Only use appliances, including the outside gas grill, and provided furnishings for their intended uses.  You must also: 

a.     Keep all windows, glass, window coverings, doors, locks and hardware in good, clean order and repair;
b.     Not obstruct or cover the windows or doors;
c.     Not leave windows or doors in an open position during any inclement weather;
d.     Not hang any laundry, clothing, sheets, etc. from any door, window, rail, porch or balcony nor air or dry any of same within any yard area or space, unless so designated for the same;
e.     Not cause or permit any locks or hooks to be placed upon any door or window without the prior written consent of Homeowner;
f.      Keep all bathrooms, sinks, toilets, bathtubs, showers and all other water and plumbing apparatus in good order and repair and shall use same only for the purposes for which they were constructed.  Guest shall not allow any sweepings, rubbish, sand, rags, ashes or other substances to be thrown or deposited therein;

(i) commercial general liability insurance in amounts of $1,000,000 per occurrence with $2,000,000 in the aggregate or such other amounts as Homeowner may from time to time reasonably require, insuring Homeowner, Homeowner’s agents and their respective affiliates against all liability for injury to, or death of, a person or persons or damage to the Property arising from the use and occupancy of the Property; and
(ii) insurance covering the full value of Guest’s Property and the Property of others on the Property. 

(A) ANY INJURY, DEATH OR DAMAGE TO THE PROPERTY, LIFE OR NATURAL RESOURCES SUSTAINED IN CONNECTION WITH GUEST’S OCCUPANCY OF AND/OR USE OF THE PROPERTY;
(B) ANY INTENTIONAL CONDUCT OR NEGLIGENCE OF GUEST OR GUEST’S AGENTS, EMPLOYEES, CONTRACTORS, OR INVITEES; 

(C) ANY BREACH OR DEFAULT IN THE PERFORMANCE OF ANY OBLIGATION ON GUEST’S PART TO BE PERFORMED UNDER THIS AGREEMENT; OR

(D) THE FAILURE OF ANY REPRESENTATION OR WARRANTY MADE OR OTHER COMPLIANCE WITH THIS AGREEMENT BY GUEST HEREIN TO BE TRUE WHEN MADE, EXCEPT TO THE EXTENT CAUSED BY THE INTENTION ACTS OR OMISSIONS OF HOMEOWNER.  IN NO EVENT SHALL HOMEOWNER’S LIABILITY ARISING OUT OF, OR RELATED TO, THIS AGREEMENT, FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED IN THE AGGREGATE AMOUNT OF FEES PAID OR OWED BY GUEST TO HOMEOWNER FOR THE RESERVATION. IN NO EVENT SHALL HOMEOWNER HAVE ANY LIABILITY TO GUEST FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE PROPERTY, INCLUDING, BUT NOT LIMITED TO, THE USE, OR INABILITY TO USE, THE PROPERTY, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AS PERMITTED BY LAW. THIS INDEMNITY SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT AS TO CLAIMS RISING OUT OF EVENTS THAT OCCUR PRIOR TO TERMINATION OF THIS AGREEMENT.  NOTWITHSTANDING ANY PROVISION OF THIS AGREEMENT, THE PROVISIONS OF THIS SECTION AND GUEST’S COVENANTS TO PROVIDE INSURANCE AS PROVIDED IN THIS LEASE SHALL IN NO EVENT EXTEND TO HOMEOWNER’S INDEPENDENT LIABILITY, WHICH INDEPENDENT LIABILITY SHALL MEAN ANY LIABILITY THAT IS NOT ASSERTED ON A RESPONDENT SUPERIOR THEORY BASED ON GUEST’S CONDUCT.