Guest’s rental of the Property (as defined below) from Bennington Properties, LLC (“Bennington”) is made subject to the following terms and conditions:              

1.             Authorized Use.  Guest will use the Property only as a personal vacation residence.  Guest will use the Property for lawful purposes only and will comply with any and all Legal Regulations (as defined below).  Guest will not damage or destroy the Property (or permit another to damage or destroy the Property) or create a nuisance on or about the Property.  Guest will not permit the Property to be occupied beyond the Property’s maximum occupancy.  Only Guest and his or her authorized guests may reside at the Property.  Guest will not assign any interest in, or sublet any part of, the Property.  For purposes of this Vacation Rental Agreement (this “Agreement”), the term “Property” means the vacation rental identified on Guest’s confirmation and any and all Equipment (as defined below); the term “Legal Regulation(s)” means any and all laws, statutes, ordinances, codes, regulations, orders, rules, covenants, conditions, bylaws, easements, declarations, leases, liens, and restrictions directly or indirectly affecting or concerning the Property and/or the Property’s use, renting, occupation, maintenance, ownership, and/or control.

2.             Guest Inspection.  Guest will, on arrival, examine the Property and will immediately report any damage discovered and any Equipment not in operating condition.  Reporting damages does not give Guest the right to cancel his or her reservation or receive a refund of any payments made.  If Guest fails to report any Property damage, Guest will be responsible for any Property damaged discovered after Guest’s tenancy. 

3.             Guest – General Duties.  Guest will maintain the Property in a good and clean condition, and will use the Property in a careful and lawful manner.  Guest will pay for any damage to the Property, including, without limitation, any necessary or appropriate maintenance and/or repairs.  Guest is responsible for securing the Property.  Guest will be responsible for any losses incurred due to Guest’s failure to properly secure the Property.  Upon termination of Guest’s occupancy, Guest will have the following obligations in addition to any other applicable obligations under this Agreement: (a) Guest will leave the Property in a good and clean condition and in the same condition (less ordinary wear and tear) as received by Guest upon Guest’s arrival; (b) Guest will place his, her, or their waste and trash (and any waste and trash of Guest’s guests) in the appropriate trash container(s); (c) Guest will return all keys and opening devices to the Property; and (d) Guest will vacate the Property and surrender it to Bennington empty of all persons and Guest’s personal property.

4.             Operation of Equipment.  Guest will use and/or operate all furniture, furnishings, appliances, bikes (and any related equipment), and all mechanical, electrical, gas, and plumbing fixtures and equipment located on or at the Property (collectively, “Equipment”) safely and for their intended use.  If Guest does not know how to properly use and/or operate any Equipment, Guest will contact Bennington for instructions concerning such Equipment’s use and/or operation.  Any damage caused to Equipment through Guest’s misuse will be Guest’s responsibility.  If Guest finds any Equipment that is not working properly, Guest will contact Bennington immediately at 541-593-6300. 

5.             Property Alterations.  Guest will not make any alterations in or to the Property, including, without limitation, moving furniture, paintings, wallpapering, adding or changing locks, installing antenna or satellite dish(es), placing signs, displays, or exhibits, or using screws, fastening devices, nails, or adhesive materials.

6.             Noise and Disturbances.  Guest will behave in a civilized manner and will be a good neighbor respecting the rights of surrounding property owners and guests.  Guest will not disturb, annoy, endanger, and/or interfere with surrounding property owners and guests.  Bachelor or bachelorette parties and parties involving large quantities of alcohol are not permitted in or at the Property.  If excessive noise or disturbances occur resulting in notification by police or neighbors, Guest will vacate the Property and will forfeit the reservation and any monies paid. 

7.             Hot Tub.  If the Property contains a hot tub, Guest’s use of the hot tub is at Guest’s sole risk.  Bennington makes no representations or warranties concerning the condition and/or use of the hot tub.  Guest is fully aware that the hot tub and surrounding patio/deck may be dangerous.  Guest must be cautious when entering and exiting the hot tub.  Guest is aware that use of the hot tub may result in injury or death.  Guest will learn about safety precautions and safety procedures concerning sitting in or being around the hot tub.  If at anytime the hot tub looks cloudy or dirty, Guest will cease any further use of the hot tub and will call Bennington immediately at 541-593-6300.  The hot tub is cleaned and serviced by professional hot tub companies and Bennington is not responsible for its service or condition.  A $25.00 per night refund will be issued for every 24 hours the hot tub is not working during Guest’s stay, if applicable.

8.             Indemnification.  Guest will defend, indemnify, and hold Bennington, and Bennington’s members, managers, employees, agents, contractors, and authorized representatives, harmless for, from, and against any and all claims, actions, proceedings, damages, liabilities, injuries, losses, and expenses of every kind, whether known or unknown, including, without limitation, reasonable attorney fees, resulting from or arising out of, whether directly or indirectly, the following: (a) any injury or death to any person; (b) any loss, theft, vandalism, and/or damage to the Property; and/or (c) Guest’s breach and/or failure to perform any Guest obligation under this Agreement.

9.             Inspection of Property.  Bennington and Bennington’s representatives and agents may enter the Property, at any time with or without prior notice, for any of the following purposes: (a) making necessary or agreed maintenance, repairs, decorations, alterations, or improvements to the Property, or to supply necessary or agreed services; (b) to verify that Guest has complied with the terms of this Agreement; and/or (c) in case of an emergency (as determined by Bennington).

10.           Weather and Property Conditions.  Bennington will not provide any refunds due to the occurrence of any of the following events: (a) inclement weather; (b) malfunction of Equipment and/or any Property amenities (e.g., TVs, DVDs, computer equipment, telephone services, internet services, etc.), air conditioning, kitchen appliances, electrical equipment, hot tubs, and/or plumbing; and/or (c) failure of public utilities.  Notwithstanding the foregoing, Bennington will make a commercially reasonable effort to ensure repairs are made and that all Equipment is kept in good working order and condition.  Bennington will not provide a refund because of shortened stays or ruined expectations due to work or family emergencies or other commitments.   Bennington does not warranty amenities provided by or through any homeowner associations, including, without limitation, pools, hot tubs, club houses, tennis courts, golf facilities, and picnic and bike paths.

11.           Damages.  Guest is responsible for all Property damages, whether caused by Guest and/or his or her guests.  Costs and expenses incurred to repair or replace damaged Property will be billed to Guest’s credit card on file with Bennington.  After completion of any necessary repairs or replacements, Bennington will send Guest a letter describing the charges in reasonable detail. 

12.           Credit Card Required.  A VISA, Discover, American Express, or MasterCard is required as a guarantee that Guest will fulfill Guest’s rental obligations.  If Guest fails to perform any Guest obligation under this Agreement or otherwise breaches the terms of this Agreement, Guest authorizes Bennington to charge Guest’s credit card for any necessary charges or damages.  If the charges or damages exceed Guest’s credit limit, Guest will pay the difference immediately upon Bennington’s demand.

13.           Payment of Rental Amount.  Guest will pay 35% of his or her total reservation amount if Guest’s reservation is made more than 45 days in advance of Guest’s scheduled check-in date.  Guest will pay Guest’s total reservation amount not less than 45 days prior to Guest’s scheduled check-in date.  If Bennington does not receive payment of Guest’s total reservation amount not less than 45 days prior to Guest’s scheduled check-in date, Guest’s credit card will be charged for the unpaid balance of the reservation amount.  If Guest’s credit card is declined and/or payment in full is not received within 45 days prior to Guest’s scheduled check-in date, Guest’s reservation will be cancelled and any rental payment made will be forfeited.  Upon Bennington’s receipt of the payment of Guest’s total reservation amount, Bennington will email Guest a final confirmation of the reservation, along with the Property’s lock box code. 

A reservation may not be made by any person less than 21 years of age.  Reservations made by persons less than 25 years of age require a minimum security deposit of $500.00, which deposit must be made by cash, cashiers or travelers check.  The amount of the security deposit will be determined by Bennington in Bennington’s sole discretion.  Security deposits must be received by Bennington not later than 48 hours before the scheduled check-in date.  Upon receipt of the $500.00 deposit and final payment, final confirmation of the reservation (including the Property’s lock box code) will be emailed to Guest.  Bennington will return the Security Deposit (or the balance thereof) to Guest within 10 days after Guest’s check-out date.

14.           Cancellation Policy.  If Guest cancels his or her reservation not less than 45 days prior to Guest’s scheduled check-in date, Bennington will provide Guest a full refund of any rent paid, less a $50.00 processing fee.  If Guest cancels his or her reservation less than 45 days prior to Guest’s scheduled check-in date, Bennington will make a commercially reasonable effort to rebook the Property for the number of days equal to Guest’s scheduled reservation.  If Bennington is able to rebook the Property for the number of days equal to Guest’s scheduled reservation, Bennington will provide Guest a full refund for any rent paid, less a $50.00 processing fee.  If Bennington is unable to rebook the Property for the number of days equal to Guest’s scheduled reservation, Guest will receive a credit for the rental of the Property equal to the number of days reserved and paid for by Guest.  Any Property rental credit issued to Guest must be used during the low or ski/shoulder season and within one-year of Guest’s scheduled check-in date.  Re-booking is limited to one time only.

15.           Pets.  Pets are not permitted in, at, or around any pet-free properties.  If the Property is a pet-free property and a pet is brought in, at, or around the Property, Guest will be in breach of this Agreement and Bennington may require Guest to immediately leave the Property (or, if Guest fails to leave, Guest will be removed from the Property) without refund.  Guest is responsible for any and all injuries and/or damages to person or property caused by any pet brought in, at, or around the Property.  Guest must clean and properly dispose of all pet excretions immediately upon discovery.  If the Property is pet-friendly, any dog brought on the Property must be one year or older.  Pets brought onto any pet-friendly property must be registered prior to arrival.  Bennington has many dog-friendly properties available in Sunriver.  Therefore, if Guest discovers that he or she has mistakenly rented a pet-free property, Bennington will make a commercially reasonable effort to help Guest find accommodations for Guest’s dog.  Any changes made within 45 days prior to Guest’s scheduled check-in date will be subject to Section 14, Cancellation Policy.  Guest will comply with any and all applicable pet laws, ordinances, regulations, rules, policies. 

16.           No Smoking.  No smoking is permitted on, at, or in any part of the Property. 

17.           Bikes.  Guest’s use of any bikes (and related equipment and accessories) located at the Property will be done at Guest’s sole risk.  Guest must carefully inspect all bikes (and related equipment and accessories) before use.  Guest acknowledges and agrees that the use of a bike (and related equipment and accessories) may be dangerous and may result in injury or death.  Guest will observe and adhere to any and all laws, rules, and regulations concerning the use and/or operation of bikes including, without limitation, Oregon’s bicycle helmet law (which law requires any person less than 16 years of age riding a bike or when a passenger on a bike in any public place (e.g., streets, roads, sidewalks, parks, etc.) to wear bicycle helmets labeled ANSI and/or Snell approved.  Guest will learn about safety precautions and safety procedures concerning the proper operation of the bikes (and related equipment).  Bennington is not liable for, and makes no representations or warranties concerning, the quality or safety of any bikes (and related equipment and accessories) provided at the Property. 

18.           Parking Restrictions.  Sunriver Rules and Regulations prohibit parking on the roadways or common areas at any time.  No recreational vehicle, trailer, and/or boat may be parked at the Property except for loading and unloading and for no longer than 24 hours.  Contact the Sunriver Homeowners Association at 541-593-2411 for information concerning the storage of a recreational vehicle, boat, or trailer storage.

19.           Early Check-In and Late Check-Out.  Check-in time is 4:00 p.m.  Check-Out time is 11:00 a.m.  There are no exceptions made during the busy seasons (especially Christmas, New Years, and summer).  Guest may call Bennington 24 hours before Guest’s check-in or check-out to inquire about coming in early or staying longer.  Bennington will consider early arrivals or late departures only during off season months.  Guest will timely vacate the Property at the end of his or her scheduled reservation. 

20.           Lost and Found.  Bennington is not responsible for any lost, stolen, or damaged personal items.  Any personal property Bennington discovers after Guest’s tenancy will be held by Bennington for 30 days from the date the item was found.  If Guest does not claim his or her lost personal property items within the 30-day period, Bennington will donate or dispose of the personal property items.  Guest will pay for any and all shipping and handling charges necessary to return Guest’s items of personal property.

21.           Property Rules and Regulations.  Guest will perform and comply with the Property Rules and Regulations attached hereto as Schedule 21 and any rules and regulations that are posted on or at the Property and/or delivered to Guest from time to time.

22.           Miscellaneous.  Each provision contained in this Agreement will be treated as a separate and independent provision.  The unenforceability of any one provision will in no way impair the enforceability of any other provision.  Any exhibits, schedules, and other attachments referenced in this Agreement are part of this Agreement.  This Agreement contains the entire agreement and understanding between the parties with respect to the subject matter of this Agreement and contains all of the terms and conditions of the parties’ agreement and supersedes any other oral or written negotiations, discussions, representations, or agreements.  This Agreement will be governed by and construed in accordance with the laws of the State of Oregon, and venue for any action concerning this Agreement will lie in Deschutes County, Oregon.  If litigation or arbitration is instituted to enforce or determine the parties’ rights or duties arising out of the terms of this Agreement, the prevailing party will recover from the losing party reasonable attorney fees incurred in such proceeding to the extent permitted by the judge or arbitrator, in arbitration, at trial, on appeal, or in any bankruptcy proceedings.  If there is more than one Guest, each Guest will be jointly and severally liable for the performance of each and every Guest obligation arising out of or under this Agreement.  Time is of the essence with respect to each and every Guest obligation contained under this Agreement.  The termination of this Agreement, regardless of how it occurs, will not relieve a party of any obligations that have accrued before termination.  If Guest fails to perform any of his, her, or their terms, covenants, conditions, and/or obligations under this Agreement, Bennington may, in addition to any other remedy provided to Bennington under this Agreement, pursue any and all remedies available to Bennington at law or in equity.  All available remedies are cumulative and may be exercised singularly or concurrently.