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Vacation Rental Agreement This Vacation Rental Agreement, herein, (“This Agreement”) is made effective as of this_______day of _____________ , __________ by and Martin and Stephanie Digler whose address is 6406 Muirfield Dr, Rapid City, SD 57702 and _______________________________________, whose address is _____________________________________________________________________________herein (“Renter(s)”): By entering into this transaction with Martin and Stephanie Digler, you agree to be bound by the Terms and Conditions. Until booking is confirmed, rates are subject to change without notice. TERMS and CONDITIONS These Terms and Conditions apply to any transactions between you and Martin and Stephanie Digler in the rental of the property address 6406 Muirfield Dr, Rapid City, SD 57702. 1. CHECK-IN TIME IS AFTER 3 P.M. Mountain Standard Time AND CHECK-OUT IS 11A.M. Mountain Standard Time. 2. The inside of the property, including the garage, is NON SMOKING. Smoking is NOT permitted anywhere on the property. If smoking occurs, you will be charged a $500.00 penalty, plus the additional costs as incurred by Martin and Stephanie Digler to clean the property. 3. No pets are permitted on the property. If pets are on the property, your rental of the property will be terminated, your payment will be forfeited and you will be charged a $500.00 penalty, plus the additional costs as incurred by Martin and Stephanie Digler to clean the property. 4. RESERVATION DEPOSIT- 50% of the reservation amount is required at time of booking the property. All payments must be through VRBO (Vacation Rentals By Owner.) 5. BALANCE OF RENTAL PAYMENT – The balance of the rental, together with the applicable taxes and fees, is required 30 days prior to arrival and will be charged through VRBO. 6. CANCELLATIONS – Booking canceled at least 60 days before the start of the stay will receive 100% refund. Bookings canceled at least 30 days before the start of the stay will receive a 50% refund. Cancellations must be made by 12 PM (Central Standard Time) on the appropriate day. 7. REFUNDABLE DAMAGE DEPOSIT – A $500 refundable damage deposit will be collected when property is reserved. This deposit will be refunded 7 days after the last day of the stay if no damage had occurred to the property. 8. MAXIMUM OCCUPANCY- The maximum number of guests is limited to sixteen (16) persons. A charge of $25.00 per person, per night, for guests in addition to sixteen (16) will be assessed against you for exceeding the maximum occupancy. 9. MINIMUM STAY. This property requires a four (4) night minimum stay. If the property is taken for less than required minimum stay, you will be charged the rate for the minimum stay. 10. PROPERTY DAMAGE INSURANCE - Property damage insurance of $5,000 is required to be purchased through VRBO. 11. NO DAILY MAID SERVICE - While linens and bath towels are included at the property there is no daily maid service. 12. OTHER RULES AND LAWS – You agree to abide by all Rules and Regulations posted by Martin and Stephanie Digler, as well as abide by all applicable federal, state and local laws, rules and regulations. Failure to do so will result in termination of your rental. 13. FALSIFIED RESERVATIONS - Any reservation obtained under false pretense will be subject to forfeiture of reservation deposit and you will not be permitted to check in. 14. WRITTEN EXCEPTIONS - Any exceptions to the Terms and Conditions must be in writing by Martin and Stephanie Digler. 15. CHILDREN – This a newly built home. Children are not allowed to run in the house, jump on beds or furniture, keeps their hands off walls, and act in a respectful manner while in the home. If any damage occurs during the stay, the cost to replace or fix the damage will be taking out of the damage deposit or filed with insurance. 17. STORMS/EVACUATIONS/ROAD CONDITIONS - No refunds will be given for your inability to use the property because of storms, evacuations or your inability to access the property by local roads, transportation issues or because of weather conditions. 18. DEPARTURE – Upon departure, you agree to leave the property in the condition in which it was provided to you, including: a. No damage is done to property or its contents. b. All debris and rubbish is discarded and placed in refuse containers outside and soiled dishes are placed in the dishwasher and cleaned. c. All counters and cooking appliances are wiped clean. d. All soiled linens shall be placed in the laundry area and all blankets and comforters folded. 19. ADDITIONAL CHARGES–You agree to pay additional charges as set forth herein, including:. a. Excessive utility bills incurred during your stay on the property. b. Excessive cleaning fees incurred by BDP due to your stay on the property. c. Expenses incurred by BDP to repair damage to the property, or to repair or replace damaged contents of the property, caused by you. All charges will be deducted from the damage deposit or filed with insurance depending on amount of damages. 20. LEGAL – This Agreement shall be construed in accordance with the laws of the State of South Dakota and any legal actions shall be venued in the circuit courts of Pennington County, South Dakota. You agree to waive any right to a jury trial. If any action is brought to enforce or interpret the provisions of this agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and all other costs from the other party. 21. WAIVER OF SUBROGATION - Notwithstanding anything to the contrary, each party hereby waives any and all right of recovery, claim, action or cause of action against the other, their agents, officers, directors, shareholders or employees, for any loss or damage that may occur to property for any cause which is insured against under the terms of any insurance policies, to the extent of payment by the insurance policy, regardless of cause or origin, including negligence of the other party hereto, its agents, officers or employees, and covenants that no insurer shall hold any right of subrogation against such other party. 22. INDEMNITY - You will protect, indemnify, defend and save harmless Martin and Stephanie Digler, from and against any and all claims, actions, damages, suits, judgments, decrees, orders, liability and expense (including costs and attorneys'fees) in connection with loss of life, bodily injury, personal injury and/or damage to property of whatever kind or character, howsoever caused, arising from or out of any occurrence in, upon or about the property, or in the occupancy or use you of the property or any part thereof, oroccasioned wholly or in part by any act or omission you and your guests, notwithstanding anypossible negligence (whether sole, concurrent or otherwise) on the part of Martin and Stephanie Digler. Dated in _ Rapid City__, South Dakota, this _______ day of ______________ , _______. By: Martin S. Digler, Owner Stephanie Digler, Owner Renter Signature: __________________________________________ Renter Signature: __________________________________________ Rules and Regulations • Check-in 3 pm or later / Check-out 11 am or sooner. • Absolutely NO SMOKING anywhere on the property. • No under age alcohol consumption. • All minors must be occupied by an adult. • Absolutely NO pets allowed. • Be mindful of your neighbors - Keep music levels to a respectable level. • No outside music after 10 pm. • Clean BBQs after each use. • Furniture needs to stay in its original location…please do not move it around. • Upon departure a. All debris and rubbish is discarded and placed in garbage containers located in garage and soiled dishes are placed in the dishwasher and cleaned. b. All counters and cooking appliances are wiped clean. c. All soiled linens shall be placed in the laundry area and all blankets and comforters folded. • You are responsible for your guests. All items are counted and inventoried after each stay .