UNAVAILABILITY: If for any reason beyond the control of Management the reserved rental unit becomes unavailable including, without limitation due to failure of the property basic structure that may compromise the safe inhabitability of the property, Management may substitute a comparable rental unit with Guest’s approval. In the event that Management does not offer a comparable rental unit and Guest does not approve, this Agreement shall be void and Management shall refund in full all payments made by Guest. In the election to void this Agreement, Guest waives any and all claims arising out of this Agreement, including without limitation any failures by Management to perform under this Agreement.
UNFORESEEN OCCURRENCES: Guest hereby assumes all risks arising out of unforeseen occurrences not under the control of Management. Accordingly, Management will not be liable for any loss, damage, or inconvenience caused by any unforeseen occurrences, including, without limitation, weather conditions, natural disasters, pandemics, pests, construction, public/private events, acts of God, wildfire/smoke, road closures, lack of snow, interruption of services and utilities or other reasons beyond its control. Guest acknowledges and agrees that in no event shall Management be responsible for travel restrictions, restaurant closures, recreational facility closures, restrictions issued by any public authority, or low snow-pack conditions. Without limiting the generality of the foregoing, Management cannot and does not guarantee that conditions will be suitable for any particular ski conditions, including but not limited to: ski-in/ski-out access, ski run access, or walk-to ski access. The lack of any such conditions neither constitute a material breach of this Agreement nor a basis for any refund by Management. Management strongly encourages guests with concerns about snow conditions to purchase the Cancellation Waiver.
STRICT NOISE ORDINANCE: Whitefish and/or some HOAs have strict noise ordinances that must be followed. Loud noises, music, and/or loud vehicle noises are not permitted between the hours of 10:00 pm and 7:00 am. If Guest violates this provision or Whitefish’s and/or HOA ordinances, Guest may be fined by Whitefish and/or the HOA and Management may evict Guest and Guest’s visitors and licensees from the residential rental unit, and Guest may forfeit the entire rental amount and security deposit.
SECURITY DEPOSIT/DAMAGE WAIVER: Prior to, during, and continuing after the conclusion of the Guest’s reservation detailed in this Agreement, a valid credit Card shall be kept on file. Any deposit is provided in the itemized list herein. Guest had the option of paying $99.00 for a damage waiver (“Damage Waiver”) to cover up to $3,000.00 in accidental damages or a deposit, provided that the manager is informed by the tenant of such damages before, or at check out. Any damage costs that are above the coverage of the Damage Waiver or deposit as provided in the itemized list herein, or not informed to the manager before, or at check out, the credit card on file will be charged. Guest hereby grants consent for Management to charge credit card on file for any damages, missing items, excessive cleaning, fines, and, if necessary, cost incurred to remove Guest from property.
CLEANING: Premises will be delivered to Guest in a professionally cleaned condition. Upon termination of occupancy, Management will arrange for a professional cleaning service to clean premises. Guest is responsible for cost of this cleaning, which is included in the fees ("Cleaning Fee") charged at the time of the reservation. Cleaning fee is mandatory, nonnegotiable, and nonrefundable. Should Guest use and activity of the property necessitate something other than Management’s regular cleaning services, Guest will be charged for associated excess costs.
AMENITIES: I Love Whitefish provides the property with a complimentary starter pack of amenities including rolls of paper towels, dishwasher tablets, trash bags, dishwashing liquid, hand soap, shampoo, conditioner, body lotion, toilet paper, detergent and basic condiments. You are responsible for the purchase of any additional items you may require during your stay.
PETS: Pets are NOT allowed. In some, limited circumstances Owner and Management may pre-authorize the presence of pet(s) Valid pre-authorization requires the submission of a pet addendum and such addendum must be signed by Management to be authorized. Guests who violate this policy by bringing a pet to a non-pet friendly property will be charged an additional $2000, plus the expense of any cleaning deemed necessary by I Love Whitefish in its sole discretion. Violations will also result in immediate eviction and forfeiture of rent. Notwithstanding this provision, Manager is committed to providing reasonable accommodation to protect the rights of guests with disabilities to bring a “service animal” (as defined by Montana and federal law) under the terms of The Fair Housing Amendments Act of 1988, Section 504 of the Rehabilitation Act of 1973, and Title II of the Americans with Disabilities Act. If a guest needs a service animal who has been trained to do work or perform tasks for a disability, he or she should request a reasonable accommodation, in writing, from the Manager at the time of their reservation. The request should state that the guest has a disability and provide the specific work or task that the service animal has been trained to perform. Guests need not disclose the details of their disability nor provide a detailed medical history. Guests will be responsible for any damages caused by a service animal, including any additional cleaning fees required at the end of the stay to prepare the Property for incoming guests. Emotional support animals are only permitted in properties that permit pets.
NO SMOKING: No smoking is allowed on the premises. If smoking does occur on the premises, Guest is responsible for any and all damage caused by the smoking including but not limited to stains, burns, odors and removal of debris. Guest acknowledges and consents to the credit card on Guest’s account being charged for any access amount required to remedy any and all damages resulting from smoking that is in excess to that of the Damage Waiver or deposit. Guest also acknowledges and consents to the credit card on Guest’s account being charged for any future cancellations to the property to complaints of smoke or restoration associated to smoking.
Guest agrees to defend and indemnify Management from any and all claims, damages, disputes, suits, and judgments relating to this provision made by any person, including without limitation Owners, future renters, property homeowner’s association, and property neighbors.
If discovered during this Agreement’s reservation, Guest’s breach of this provision will result in eviction of Guest and Guest’s visitors and licensees from the residential rental unit, and forfeiture of entire rental amount and security deposit.
CONDITION OF PREMISES: Guest shall, on arrival, examine the premises, all furniture, furnishings, appliances, fixtures, and landscaping, if any, and shall immediately report in writing to Management of anything that is not in operating condition or are in disrepair. The presence of non-operating condition or disrepair and any reports of such does not give Guest the right to cancel this Agreement or receive a refund of any payments made.
NEARBY CONSTRUCTION: There may be construction ongoing at properties adjacent to or close by the property being rented by guest. The rules regarding acceptable noise levels, start and finishing times, and other restrictions relating to any such construction are governed by local ordinances and/or community specific rules and regulations beyond the control of the Manager. The Manager will use its best efforts to ensure that the appropriate parties are notified and appropriate remedial action taken in the event that it receives notice that the construction at issue may be in violation of any such regulations or ordinances.
LOST ITEMS OR LEFT ITEMS: Guest is solely responsible for any lost, stolen, or abandoned possessions or items. Management assumes no responsibility for lost, stolen or abandoned items. Upon discover of possessions or items not originally in the rental unit, Management will make a reasonable effort to contact the Guest for return. Guest is responsible to pay for shipping costs in addition to a $25.00 handling fee. At no point does Management assume liability for any possessions or items or for the condition of said possessions or items. Any items not claimed for longer than 30 days may be donated or sold.
SHIPPING: Guest and their guests may ship items to Management’s secure facility prior to their reservation at the cost of $10.00 PER PACKAGE that will be charged to the credit card on file. At no point does Management take on liability for any of the items shipped to the secure facility. Delivery may take up to 24 hours once received by Management. Shipping of perishable items and any other time-sensitive materials are not recommended. Management’s approved shipping label format must be used for ALL Guest packages. Management shall not be responsible for any lost, damaged or delayed deliveries.
If packages are received after departure, Guest will incur shipping charges and a $25 handling fee for Management’s return of any packages to Guest or Guest’s visitors. Management is not responsible for any lost, damaged, or delayed deliveries.
Guest may ship directly to the residential rental unit using FedEx or UPS while occupying said unit. However, Management does not guarantee delivery or security of the items shipped; this will be up to the shipping client and the shipping receiver to arrange.
MAXIMUM OCCUPANCY: The residential rental unit is for the sole use as a personal vacation residence for only approved guests. Guest is responsible for any guests that use the property during the term of this Agreement. No guests in excess of the maximum occupancy specified in the Rental Agreement shall occupy the property. A charge of $250.00 per person per night will be assessed for each unapproved guest. Guest may be charged without notice for additional persons staying in the Property whom are not disclosed to Management. In addition, breach of this provision will result in immediate termination of the Rental Agreement, with eviction of Guest and Guest’s visitors and licensees from the residential rental unit, and forfeiture of the entire Guest’s Reservation Fee and/or security deposit, and it may incur extra charges.
NO PARTIES: All of Management’s rental units are in residential areas and may NOT be used for weddings, receptions, parties, or any other large gatherings. Any disruptive events could result in the immediate termination of this Agreement, eviction of Guest and Guest’s visitors and licensees, and forfeiture of entire rental amount and security deposit.
FIREWORKS: Fireworks are prohibited on property premises. In case fireworks are utilized within the property, Guests will be held liable to any damages that might occur to the property itself and/or surrounding areas.
ILLEGAL SUBSTANCES: No illegal substances are allowed on the premises, including without limitation minors possessing alcoholic beverages. Violations will result in eviction of Guest and Guest’s visitors and licensees from the residential rental unit, and forfeiture of entire rental amount and security deposit.
TV/CABLE/INTERNET/SATELLITE: Any internet, TV, and cable or satellite subscription services are provided as a convenience only and are not integral to this Agreement. Management will not be in breach for any and Guest will not receive a refund for outages, content, lack of content, speed, access problems, lack of knowledge of use, or personal preferences with regard to service.
AIR CONDITIONING/HEATING: Most residential rental units are not equipped with air conditioning, but if so equipped, Guest agrees that air conditioning shall not be set below 72 degrees. There are no refunds for lack of or malfunctioning HVAC units. Heat shall not be set above 78. All fan settings shall be set to "Auto". Doors and windows shall be closed when either heat or air conditioning is in operation.
POOL AND SPA: Not all residential rental units have spa(s)/pool(s). Guest hereby acknowledges and agrees that the area(s) surrounding pool(s) and/or spa(s) may not be fenced or secure. Guest understands and agrees to be responsible and liable for any damages that occur to the pool(s), spa(s) and their support equipment through Guest misuse and/or negligence. Use is at Guest’s own risk.
SYSTEM(S) FAILURES: In the event the residential rental unit sustains a failure of a system, including but not limited to water, sewer, septic, electrical, gas, plumbing, mechanical, appliances, heat pump, ventilating, pool, hot tub or other system or structural systems, neither the Owner nor the Management shall be liable to Guest for any damages as result of or associated with such system failures. Management will make an effort to promptly repair or replace the failed system or equipment, and in such event, Guest agrees to permit manager or its service provider to have reasonable access to the property to inspect and make such repairs. Any failure does not serve as a termination of this Agreement and no refunds will be given for such system failures.
RULES, REGULATIONS, NO COMMERCIAL USE: Guest agrees to comply with any and all rules and regulations that are at any time posted on the premises or delivered to Guest. Guest shall not, and shall ensure that Guest’s visitors and licensees of Guest shall not: (i) disturb, annoy, endanger, or interfere with other Guests of the building in which premises is located or its neighbors; (ii) use the premises for any commercial or unlawful purpose including but not limited to using, manufacturing, selling, storing, or transporting illicit drugs or other contraband; (iii) violate any law or ordinance; (iv) commit waste or nuisance on or about the premises; or (v) violate any homeowner’s association or similar entity’s rules, regulations, or other terms. Any and all homeowner’s associations attached to the property are provided to Guest in the pre-check-in email with the rental details, check-in processes, and security codes. Guest is on notice of any homeowner’s association’s or similar entity’s by-laws, CC&R’s, and any other applicable rules and regulations. Guest also agrees to not use residential rental unit for any commercial use. Violation of these provisions may result in eviction of Guest and Guest’s visitors and licensees from the residential rental unit, and forfeiture of entire rental amount and security deposit.
MAINTENANCE & REPORTING: Guest shall properly use, operate, and safeguard the residential rental unit including any landscaping, furniture, furnishings, appliances, and all mechanical, electrical, gas, and plumbing fixtures. Guest agrees to keep the residential rental until clean and sanitary. Guest shall immediately notify Management of any problem, malfunction, or damage. Guest will be liable and shall pay for all repairs or replacements caused by Guest, excluding ordinary wear and tear. Guest will be liable and shall pay for all damage to the premises as a result of failure to report a problem, malfunction, or damage in a timely manner.
ENTRY: Management and Management’s representatives and agents have the right to enter the premises, at any time: (i) for the purpose of making necessary or agreed repairs, decorations, alterations, improvements, for maintenance, or to supply necessary or agreed services; (ii) to verify that Guest has complied with the terms of this Agreement; or (iii) in case of emergency. Management and its representatives and agents have the right to enter the premises, upon reasonable notice of at least 24 hours, to show the premises to prospective or actual purchasers, tenants, mortgagees, lenders, appraisers, or contractors.
PARKING: During the winter months, snow removal for the driveway is provided. During severe storms, there may be inherent delays due to accumulation. Whitefish and/or the HOAs have strict parking rules. No parking allowed on the street year-round. Guest acknowledges that vehicles will get ticketed and/or towed for violating Whitefish’s and/or the HOA’s parking rules and regulations. Any costs or damages resulting from such parking violations shall be Guest’s sole responsibility, and in no event shall Management be held liable for any costs or damage resulting from Guest or Guest’s visitors or licensees parking in violation of Whitefish’s and/or the HOA’s parking rules, regulations, ordinances, or any other governing terms.
TERMINATION OF OCCUPANCY: Upon termination of occupancy, Guest shall: (i) return all copies of all keys or opening devices to the premises, including those for the garage door and common areas; (ii) vacate the premises and surrender it to Management empty of all possessions and persons at the agreed upon time; (iii) vacate any/all parking and/or storage space; and (iv) deliver the premises to Management in the same condition less ordinary wear and tear as received upon arrival.
MEDIATION: Guest agrees to mediate any dispute or claim arising out of this Agreement or any resulting transaction before resorting to arbitration or court action. Mediation fees, if any, shall be divided equally among the parties involved.
VENUE AND CHOICE OF LAW: This Agreement shall be governed and construed in accordance with the laws of the State of Montana and Flathead County. Flathead County shall have personal jurisdiction over the parties and the county in which the premises are located shall be the forum for any legal action brought in relation to this Agreement.
ENTIRE CONTRACT: Time is of the essence. All prior agreements between Owner and Guest are incorporated in this Agreement, which constitutes the entire contract. This Agreement is a final expression of the parties’ agreement and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. The parties further intend that this Agreement constitutes the complete and exclusive statement of its terms, and that no extrinsic evidence whatsoever may be introduced in any judicial or other proceeding, if any, involving this Agreement. Any provision of this Agreement that is held to be invalid shall not affect the validity or enforceability of any other provision in this Agreement. Any waiver of any breach of the terms of this Agreement shall not be construed as a continuing waiver of the same or any subsequent breach.
INSURANCE AND INDEMNIFICATION: (i) Owner Insurance: Guest’s personal property including vehicles are not insured by Management, Owner, or, if applicable, homeowner’s association against loss or damage due to fire, theft, vandalism, rain, water, criminal or negligent acts of others, or any other cause. Owner and Management does not insure against personal injury to Guest or Guest’s visitors or licensees due to any reason other than the condition of the premises; (ii) Renter Insurance: Management recommends that Guest carry or obtain insurance to protect Guest, Guest’s visitors and licensees, and their personal property from any loss or damage; (iii) Indemnity and Hold Harmless: Guest agrees to indemnify, defend, and hold harmless Owner and Management from any and all claims, disputes, litigation, judgments, costs, and attorney fees resulting from or associated to any loss, damage, or injury to Guest, Guest’s visitors and licensees, and/or their personal property. Guest agrees to release to the fullest extent allowed by law, Owner, Management, and their members, officers, associates, employees, agents, representatives, attorneys, assigns, and affiliates (collectively, the affiliates) from all liability or responsibility of any kind whatsoever for any personal injury, death, property damage, or other loss sustained by Guest, Guest’s visitors and licensees, Guest’s children, any guest identified on this form, and any other person allowed onto the property during Guest’s rental dates as a result of Guest’s, Guest’s visitors and/or licensees, Guest’s children’s or the Guest’s participation in a visit to the home, due to any cause whatsoever, including without limitation negligence on the part of Owner or Management. Guest understand that this release binds any and all heirs, administrators, executors, assigns, and any other person or entity seeking to claim under or through Guest.
JOINT AND INDIVIDUAL OBLIGATIONS: If there is more than one Guest, each one shall be individually and completely responsible for the performance of all obligations under this Agreement, jointly and individually with every other Guest.