The McKey

MCKEY HOTEL ROOM RENTAL AGREEMENT THIS MCKEY HOTEL ROOM RENTAL AGREEMENT (this “Agreement”) is entered into and made effective as of the signing date by and between 101 East Central Properties, LLC, a Georgia limited liability company (the “Owner”) and the person executing this Agreement (the “Guest”). Guest and Owner are sometimes collectively referred to herein as the "Parties" and individually as a "Party".The Parties agree as follows:
1.     Limited and Revocable License. Guest is granted a limited and revocable license to use the Room and Hotel pursuant to the terms and conditions set forth in this Agreement and in the booking, confirmation received by Guest confirming their Room reservation (the “Confirmation”).
2.     Room Rental. The Owner agrees to rent to Guest, and the Guest agrees to rent from Owner the room specified in the Guest’s Confirmation (the “Room”), located in the McKey Hotel at 101 E Central Avenue, Valdosta, Georgia 31601 (the “Hotel”).
3.     Rental Term. This term of this Agreement begins on the arrival date indicated in the Confirmation (the “Arrival Date”) and ends on the departure date indicated in the Confirmation (the “Departure Date”) (collectively referred to as the “Rental Term”).
4.     Check-In and Check-Out. Check-in time is after 3:00 P.M. on the Arrival Date and Check-out time is before 11:00 A.M. on the Departure Date. Guest may request early Check-in or late Check-out and Owner may grant such early Check-in or late Check-out subject to availability.
5.     Rental Rate. Guest agrees to pay to Owner the rental rate specified in the Confirmation (the “Rental Rate”). Full payment of the Rental Rate is due at the time of booking.
6.     Identification and Falsified Reservation. Guest must send Owner a valid photo identification at the time of booking. Guest must be at least twenty-one (21) years of age or older to make a reservation with the Hotel. Any Confirmation obtained under false pretenses will be subject to forfeiture of any advance payment, deposit, or rental fee and Guest will not be permitted to check-in.
7.     Cancellations. (a)        Cancellations By Guest. Cancellations by the Guest must be made via email and are not valid until received by the Owner. The Owner will confirm the Guest’s cancellation by email within twenty-four (24) hours of the requested cancellation. If receipt of notice of cancellation is received by Owner more than one (1) day before the Rental Term, Owner shall refund one-hundred percent (100%) of the sums paid to Owner for the reservation. If notice of cancellation is not received at least one (1) day prior to the Rental Term, Guest is a no-show, or does not use the Room for the entire reservation, there will be no refund of any monies paid to Owner by Guest.(b)        Cancellations By Owner. If the Room becomes unavailable to Guest as the result of it being (a) sold by Owner, or (b) Owner no longer making the Room available, and Owner cannot relocate Guest to another room of comparable value within the Hotel, Owner agrees to refund all monies paid by Guest towards the Confirmation, and Guest agrees to release any and all claims against Owner and its employees and agents.
8.     Permitted Occupancy. The maximum occupancy for the Room is 2 persons (the “Permitted Occupancy”), which number shall include Guest and any guests accompanying the Guest (the “Visitors”). In no event may the Permitted Occupancy be exceeded.  
9.     Permitted Use and Rules. Guest shall not permit any illegal activities or conduct at the Hotel and shall not use the Room or Hotel for any illegal purpose. The Guest may not use the Room  or Hotel for any commercial purposes. Guest shall abide by all of the Owner’s rules for the use of the Room and Hotel (the “Rules”), which are incorporated herein and attached hereto as Exhibit “A”. Guest shall ensure that all its Visitors fully comply with the Rules. Failure to comply with any of the Rules, without the prior written permission of the Owner, may result in immediate termination of the Confirmation or Rental Term and a forfeiture of any fees and payments made by Guest. Guest waives all rights to recourse against Owner for enforcing this Section 8.By signing below, Guest agrees that Guest has reviewed the Rules and agrees to act in accordance with the Rules.
10.  Cleaning. No cleaning service is provided during the Guest’s stay.
11.  Quiet Enjoyment. Guest agrees not to violate the quiet enjoyment and privacy of other guests of the Hotel. Owner is not responsible for the actions of other Hotel guests.
12.  Safety. Guest acknowledges and agrees that they are responsible for the safety of themselves and their Visitors with respect to the premises, property, and amenities. Guest acknowledges and agrees to hold harmless from any injuries to them or their Visitors.
13.  Guest’s Personal Property. Guest shall be solely responsible for all personal property stored, located, or used at the Hotel. All such property kept, stored, or maintained at the Hotel shall be at Guest’s sole risk. Owner shall not be liable to Guest or any other owner of such property for any damage to such property, nor shall Guest assert a claim for any indirect, incidental, punitive, or consequential damages to the same. Owner shall have no responsibility to Guest for any personal effects and possessions left in the Room or Hotel before, during, or after the Rental Term. 
14.  Condition and Damage.(a)        The Room and Hotel, including all furniture, fixtures, and appliances, will be provided to Guest in good working condition. Guest agrees to use the Room and Hotel in such a manner so as to take good care of and maintain the condition of all furniture, fixtures, and appliances and Guest agrees to leave the same in the same condition in which they are found, normal wear and tear excepted.(b)        Any damage to the Room or Hotel by Guest, its Visitors, and any other person under Guest’s control, beyond normal wear and tear, shall be Guest’s sole responsibility. Guest shall immediately inform Owner of any damage to the Room or Hotel that may occur. Owner reserves the right to thoroughly inspect the Room and identify damages after the Departure Date. If any damages are discovered, Owner will provide Guest with a written notice itemizing such damage within thirty (30) days after the Departure Date.
15.  Indemnification. Guest shall defend, indemnify and hold Owner and its affiliates, officers, directors, shareholders, employees and agents harmless from and against any claims, actions, demands, lawsuits, losses, damages, costs, expenses, judgments, fines, penalties, and liabilities (including reasonable attorney's fees and courts costs) incurred in connection with any third-party demands, assertions, claims, suits, actions or other proceedings arising out of or resulting from (1) the use and rental of the Room and Hotel; (2) any breach of this Agreement by Guest, its Visitors, or any other person under Guest’s control; (3) any negligence or willful misconduct of Guest, its Visitors, and any other person under Guest’s control; and for (4) any property damage or any injury or death to any person while at the Hotel, without regard to the cause of such injury or damage, including any acts or omissions by Guest, its Visitors, or any other person under Guest’s control.
16.  Force Majeure. Owner shall not be liable for any failure or delay in its performance of its obligations under this Agreement if such failure or delay is on account of causes beyond its reasonable control, including civil commotion, war, fires, floods, accident, earthquakes, inclement weather, electrical outages, network failures, governmental regulations or controls, casualty, strikes or labor disputes, terrorism, pandemics, epidemics, local disease outbreaks, public health emergencies, acts of God, or other similar or different occurrences beyond the reasonable control of Owner. If Owner is forced to cancel the reservation at any time prior to the Arrival Date due to a force majeure occurrence, Owner shall promptly provide notice to Guest and refund all fees and deposits paid by Guest towards the reservation within thirty (30) days of such notice. Guest acknowledges and agrees that Owner shall not be responsible to Guest or any third party for any lost fees or expenses, or any subsequent fees and expenses Guest may incur, as a result of Owner’s cancellation of the reservation due to a force majeure occurrence.
17.  Governing Law and Venue. This Agreement will be governed by and interpreted in accordance with the laws of the State of Georgia, without giving effect to the principles of conflicts of law of such state. The Parties hereby agree that any action arising out of this Agreement will be brought solely in any state court located in Lowndes County, Georgia. Both Parties hereby submit to the exclusive jurisdiction and venue of any such court.
18.  Collection Expenses. If Owner incurs any costs, expenses, or fees, including reasonable attorney's fees and professional collection services fees, in connection with the collection or payment of any amounts due under this Agreement or the Confirmation, Guest agrees to reimburse Owner for all such costs, expenses and fees.
19.  Reservation of Owner’s Rights. Owner reserves the right to cancel this Agreement and the Confirmation for non-payment, material breach of this Agreement, or for any failure to comply with any of the Rules. Owner’s rights set forth in this Agreement are in addition to any rights or remedies which may be available to Owner at law or equity.
20.  Compliance with Laws. The Parties agree to comply with all applicable City, County, State, and Federal laws.
21.  Severability. If any provision or portion of this Agreement shall be rendered by applicable law or held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect.
22.  Notices. All notices or other communications required under this Agreement shall be in writing and shall be deemed effective when received and made in writing by either (i) hand delivery, (ii) registered mail, (iii) certified mail, return receipt requested, (iv) overnight mail, or (v) email. All notices or other communications addressed to Guest shall be sent to the address provided by Guest in the Confirmation. All notices or other communications addressed to Owner shall be sent to the following address:Owner: PO BOX 1128 Valdosta, Ga 31603 Attention: Manager Email: info@themckey.com
23.  Entire Agreement; Modification; Waiver. This Agreement, the Confirmation, and any exhibits attached hereto, is the entire agreement between the Parties with respect to the subject matter hereof and supersedes any prior agreement or communications between the Parties, whether written, oral, electronic, or otherwise. Each Party acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any Party, or anyone acting on behalf of any Party, which are not contained in this Agreement, and that no other agreement, statement, or promise not contained in this Agreement will be valid or binding. No change, modification, amendment, or addition of or to this Agreement or any part thereof shall be valid unless in writing and signed by authorized representatives of the Parties. No waiver of any term or right in this Agreement shall be effective unless in writing, signed by an authorized representative of the waiving Party. The failure of either Party to enforce any provision of this Agreement shall not be construed as a waiver or modification of such provision, or impairment of its right to enforce such provision or any other provision of this Agreement thereafter.By booking, the Parties further agree and acknowledge that if the Confirmation is accepted by Owner, Guest’s stay at the Hotel shall be subject to the terms and conditions recited herein. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date of the last party to sign this Agreement.                                                          

EXIHIBIT A RULES:
1.     No smoking or vaping is allowed inside the Room or the Hotel by anyone at any time. If Guest is found to be smoking or vaping in the Room or Hotel, Guest may be charged a fee of no less than $500.00 per incident and Owner may treat such violation of this Rule as a breach of the Agreement.
2.     Furniture fixtures, and appliances may not be moved without the prior written permission of the Owner. 
3.     No nails, tacks, tape, uncovered wire, or sticky material may be used on the walls of the Hotel, including the Room.
4.     Guest shall not make any alterations, additions, or improvements to the Room or Hotel without Owner’s prior written consent.
5.     No firearms are permitted with the exception of security detail or law enforcement.
6.     No entry is permitted in areas marked “No Admittance.” There is no public access to the _____ floors of the Venue.
7.     The Guest may not hold events (such as parties, celebrations, or meetings) in the Room or Hotel without the prior written permission of the Owner.
8.     The Guest must supervise their visitors while in the Room and Hotel.
9.     Noise in the Room must be kept at a reasonable level as not to cause a disturbance to the Hotel or public.
10.   Except for service animals or approved support animals for persons with disabilities, no pets are allowed in the Room or Hotel without the prior written permission of the Owner. If Guest is found to be in possession of any prohibited pet, Guest may be charged a fee of no less than $250.00 per incident and Owner may treat such violation of this Rule as a breach of the Agreement.
11.  Parking is available at in the streetside parallel parking and in the allotted areas on Toombs Street and McKey Street. Owner is not responsible for any damage to vehicles kept in these or other such parking areas.