TRANSIENT OCCUPANCY LODGING/LICENSE AGREEMENT WITH THE LAUTNER COMPOUND (TLC)

 

I, the Licensee, agree to the following:

 

1. LODGING AGREEMENT: Licensee (or you) hereby agrees to license from The Lautner Compound, LLC (“TLC”) the Property, located in Riverside County, CA, for use solely as a private transient occupancy vacation residence and for no other purpose (“Occupancy”). Licensee acknowledges and agrees that his/her occupancy is as a lodger of the Property and not as a tenant under landlord/tenant law, and that California Civil Code Sections 1940 et seq (including, but not limited to California Civil Code §1950.5) shall not be applicable to Licensee since Licensee’s occupancy is transient and subject to tax under Section 7280 of the Revenue and Taxation Code. This Agreement is subject to termination by TLC without recourse to eviction proceedings under California Code of Civil Procedure §1161 or any other formal or informal proceedings. This Licensee has no interest in the realty, and the Property, for purposes of this agreement, shall at all times remain under the direct control and supervision of TLC.

2. PAYMENT POLICY: Licensee is responsible for full payment of the Total Occupancy Rate for the entire license period. One hundred percent (100%) of the Total Occupancy Rate is payable to HL in order to book and hold the Property (Daily Rate * number of days in license period plus tax and other fees) (“Booking Deposit”). The Property will not be reserved until the 100% Booking Deposit has been received by TLC.

3. ACCEPTANCE OF PROPERTY: Licensee agrees to accept the Property upon arrival, provided the Property substantially meets the basic description as described on website.

4. REPORTING DAMAGE TO TLC: Licensee agrees to keep the Property in good condition, and upon Licensee’s departure, the Property will be left in good and habitable condition. Any damage to furnishings, fixtures, or furniture or other notable conditions found upon arrival will be reported to TLC within two (2) hours of Occupancy.

5. RESERVATION CONFIRMATION: Reservation of the Property is not confirmed until (i) this Lodging Agreement has been executed by Licensee, and a signed copy is returned to TLC, (ii) the 100% Booking Deposit is received by TLC, and (iii) TLC accepts the reservation, which acceptance shall be in TLC’s sole and absolute discretion.

6. MAKING PAYMENTS: Failure to make payments when due will result in cancellation of this Agreement.

7. MINIMUM AGE TO RENT: Licensee must be at least 25 YEARS OF AGE to enter into this Agreement and reserve this Property. TLC will require “Proof of ID” prior to arrival.

8. CANCELLATION POLICY: A minimum of thirty (30) days notice is required for a fifty percent (50%) refund of the amount paid. If Licensee cancels the reservation less than thirty (30) days before or on the Check-in date, Licensee shall not receive a refund of any amounts paid. Zero cancellation policy for special events such as Coachella Music Festival, Modernism Week in February and October, BnP Paribas, Stagecoach and Palm Springs Film Festival. Zero cancellation policy for Holidays such as Christmas, New Years Eve and Day, Thanksgiving, Easter, Labor Day

and Memorial Day weekends.

LICENSEE HEREBY CONFIRMS THAT HE/SHE UNDERSTANDS THAT CANCELING THE RESERVATION LESS THAN THIRTY (30) DAYS PRIOR TO THE CHECK-IN DATE OR ON THE CHECK IN DAY WILL RESULT IN A FORFEITURE OF THE BOOKING DEPOSIT (THE FULL COST OF THE RESERVATION).

NO TRANSFERS ALLOWED. ALL RESERVATIONS MUST BE KEPT BY THE NAME ON THE RESERVATION.

9. DAMAGE POLICY: Licensee shall be responsible for all damage, breakage, and/or loss to the Property, except for normal wear and tear and unavoidable casualties (as deemed by TLC in its sole discretion) which may result from Licensee’s occupancy. Licensee agrees that all pipes, wires, glass, plumbing, household contents, and other equipment and fixtures will be in the same condition upon departure as at the time if check-in, reasonable wear and tear, and damage by unavoidable fire and casualties are the only exceptions. Licensee understands that the Property will be inspected prior to Licensee’s arrival and upon Licensee’s departure. You acknowledge any loss and/or damage to the Property will result in a charge or charges for repair and/or the replacement value. 

LICENSEE HEREBY CONFIRMS THAT HE/SHE UNDERSTANDS THESE CHARGES MAY BE POSTED TO THE CREDIT CARD ON FILE, OR, IF HL IS UNABLE TO CHARGE THE CREDIT CARD, HE/SHE WILL PROMPTLY (AND IN NO EVENT MORE THAN 10 DAYS) SUBMIT THE MONEYS DUE TO LICENSEE FOR FULL COST OF THE REPLACEMENT OR REPAIR.

10. PROPERTY TOURS: A tour of the Property may be available upon request, but is subject to availability. If licensee or proxy of licensee tours the Property after the reservation is confirmed, licensee is subject to the terms and conditions of the cancellation policy including any and all cancellation fees.

11. SMOKING: This is a non-smoking property. You are permitted to smoke outdoors on the patio or courtyard. Butts are to be disposed of properly and not left anywhere on the property. Any violation of the smoking policy will incur a $1,000.00 Additional “Smoke Damage” Cleaning Fee to remove smoke odors from the house and/or linens. 

12. PETS: There are to be no pets on the Property - except with prior authorization and fee. Guests who bring a pet or pets without approval will be charged a $100 fee and may be immediately evicted from the Property.

13. MAXIMUM NUMBER OF OCCUPANTS: The Property is to be occupied by no more than the maximum sleep number stated on the listing website unless approved in writing by TLC. If Licensee exceeds the occupancy limit and falsifies occupancy information at the time of reservation, Licensee shall be subject to eviction. “Occupants” includes small children, infants and overnight visitors. If more than the maximum number is found to be occupying the Property, you agree that a charge of $100.00 per person/ per day will be made to your credit card. Additionally, this Agreement may be immediately terminated without a refund of any amounts paid. Exceptions: Licensee may have an additional four (2) daytime guests at the Property beyond the maximum sleep number stated on the website. All parking, noise and community rules and restrictions must be followed. A daytime guest is understood to be any guest not sleeping at the home. Daytime guests can arrive no earlier than 10AM and must depart on or before 10PM.

14. EVENTS/VENDORS: Any vendors entering the Property or events held at the Property must be disclosed by Licensee to TLC and are subject to vendor/event fees to be determined by TLC. Failure of Licensee to notify TLC of any vendors or events could result in additional charges as determined by HL and/or removal from the Property. HL retains the right to determine if a gathering constitutes an event. All vendors must be licensed and insured and will provide proof of insurance if requested by TLC.

15. RETURN OF SECURITY/DAMAGE DEPOSIT (if applicable): Your Security/Damage Deposit, minus any charges against it, will be refunded to your credit card within twenty-one (21) days of your departure. If there are damages that require us to retain part of your Security/Damage Deposit, there may be a delay in its return.

16. CHECK-IN: Check-In is no earlier than 4 pm on the day of arrival.

17. CHECK-OUT: Check-out is on or before 11am. Check-out is defined as completely off the Property with the key back in the lockbox if applicable. The entire 5-hour window between check-out and check-in is needed to adequately clean & prepare the home/property for the next guest. Out of respect for our housekeeping staff and newly arriving guests we ask that you adhere to our arrival/departure times. If you fail to be completely out by 11 am without prior approval you will be charged a minimum of $50. Special arrangements must be made ahead of time to be sure that a longer stay will not pose a problem. Please understand this is not meant to be an inconvenience but to ensure that everyone has the same opportunity to enjoy their stay at this Property. There shall be no pro-ration of the Total Occupancy Rate for late arrivals or early departures.

18. LICENSEE’S RESPONSIBILITY FOR CHECK-OUT: Prior to vacating the home, Licensee is responsible for placing all trash into the proper containers and cleaning all dishes and cookware that were used during the stay. Leaving a pile of dirty dishes for the cleaning crew will result in additional housekeeping fees to be charged to the card on file. 

19. ADDITIONAL RULES: Additional House Rules and Procedures may be clearly posted within the Property or in the Property Binder by TLC, and are to be followed in addition to the rules and procedures set forth herein.

20. NEIGHBOR COMPLAINTS: Actions by Licensee and/or guests that result in neighbor complaints or Police being called to the Property will result in a minimum $250 charge. If the Police are called out a second time, Licensee and/or guests will be immediately evicted. Licensee shall be liable for any and all costs incurred by TLC as a result of the breach of this Section 22.

21. ILLEGAL SUBSTANCES: Illegal substances are strictly prohibited and grounds for immediate eviction from the Property. You, your guests and visitors, agree that any drug use on the Property, or using the Property for any immoral or unlawful purpose, or violation of any law or ordinance on or about the Property will immediately terminate your occupancy and be grounds for immediate eviction from the Property. You shall be liable for any and all costs incurred by TLC as a result of the breach of this Section 21. 

22. ENTERING PREMISES: Owner, Owner’s Agent or TLC may enter the Property at any time, with no prior notice in order to perform necessary repairs and/or maintenance and at their sole discretion.

23. MOVING FURNITURE: The Owner shall provide furniture and fixtures, linens and towels, and a fully equipped kitchen. Licensee is responsible to return any furniture that was moved to its original position.

24. ITEMS LEFT BEHIND: Owner or TLC shall not be liable or responsible for personal items left behind, lost or stolen. If you leave an item after checking out and wish to have it returned, call HL as soon as possible and we will arrange for shipment. We will inform you of the shipping cost and with your approval, charge the credit card on file to cover the expense.

25. LIABILITY: Owner or TLC shall not be liable to Licensee, its guests or invitees or any other person for any injury, loss or damage to any person or property on or about the Property or pool. Licensee shall hold Owner and TLC harmless and indemnify Owner and TLC from and against all loss, injury or damage occasioned by the use or misuse or abuse of any part of the Property or pool and from or against any omission, neglect, or default of Licensee, its guests, licensees or invitees.

26. PLUNGE POOL SAFETY RULES – ASSUMPTION OF RISK – RELEASE OF LIABILITY: Licensee acknowledges that the safety of yourself, your guests, children or pets depends on you. Your attentive personal supervision is absolutely required to avoid risk of serious injury and/or death. By signing this agreement you are aware of and assume the risk for yourself, your party and for any guests or invitees during your rental period. You agree to indemnify and hold harmless from any and all liability (active or passive) the Property owner, its owners, and management or employees from any harm or injury caused by using the pool and/or spa. You hereby agree/accept that pools and spas contain necessary chemicals that can cause skin rashes, harm or discoloration of swimwear. You and your guests and invitees agree that you use the pool and spa completely at your own risk.

Gates to the interior pool courtyard are self-closing and must remain closed at all times. Under no circumstances are gates to be propped open.

No Lifeguard is on duty. No diving or running is allowed around the pool. By agreeing to  this rental agreement at time of booking and liability release, you agree to honor all important pool safety guidelines as posted in the pool area.

•Child Safety. Never leave a child unsupervised near a pool, not even during social gatherings. Appoint a designated adult to protect young children from pool accidents. Children must be watched closely while swimming. 

•No Glassware. Do not use glassware in or near the pool or spa. There are plastic glasses and tableware provided in every apartment for use in the pool area.

•Spa Safety. Please note that consuming alcoholic beverages and/or drugs and use of the spa can be dangerous and cause serious health risks. Avoid immersion in the spa for prolonged periods of time. 

•No Diving. Diving into shallow water can cause serious injury, paralysis or death.

27. SUBLETTING: This Agreement may not be assigned or the Property sublet or occupied by anyone other than Licensee and its guests.

28. CHANGING THE LOCKS: No physical changes to the Property or changing of locks on the Property are permitted.

29. FILM/VIDEO: The Property shall not be used as a location for amateur or professional film/video without the prior written consent and arrangement with Owner and TLC and fees, permits and insurance. Any and all violates will be expelled from the property with zero refund and will be prosecuted in a court of law.

30. INDEMNIFY AND HOLD HARMLESS: You agree to indemnify and hold Owner and TLC harmless from all liability, loss or damage arising from any nuisance or harm made or suffered on the Property by you, your guests or invitees, or from any carelessness, neglect, or improper conduct of any persons occupying or visiting the Property during your occupancy pursuant to this Agreement.

31. EXCEPTIONS: Any exceptions to the rules and regulations as written herein must be approved in writing in advance by TLC.

32. BOOKING POLICY: Occupancy rates naturally fluctuate throughout the year based on market conditions. When reservation confirmation is received, occupancy rates are locked in for the dates in the reservation. Should occupancy rates go up, you understand you will not be required to pay more. In addition, should occupancy rates go down, you understand you will not be entitled to a refund.

33. AMENITIES: TLC make every attempt to ensure the Property lives up to the cleanliness & amenities of the pictures and/or video as seen on TLC’s website. Naturally, some of the Property’s amenities will need to be replaced or changed over time and may not be the specific amenity shown in the pictures and/or video.

34. FLOOR PLAN: The Property floor plan is for basic, informational purposes only. Please be aware that the Property may have a closet, pantry or small garage bay that is locked and used as an “owner’s closet” or “maintenance closet” and unavailable to Licensee.

35. POOL/SPA: We do everything in our power to make sure that the private pool and/or spa at the rental home are functioning properly for your stay. If circumstances beyond our control cause the private pool and/or spa to not function properly, you may be entitled to a refund of daily pool/utility fee for as many full days as the pool and/or spa were not functioning, provided however, you must report the malfunction to TLC immediately and TLC must be given the opportunity to verify the situation. As used herein, pool and/or spa malfunction shall mean a breakage of the heater or pump.

36. EXTRAORDINARY CIRCUMSTANCES: There may be circumstances in which the Property might not be available for your stay. Examples of these include (but are not limited to) destruction of or damage to the Property, changes in local occupancy regulations, or other reasons. In the event the Property is not available, for whatever reason, we will do our best to make alternative arrangements for you where possible. If we cannot, or if the alternative arrangements are not acceptable to you, then we will refund all monies paid. This will be the full extent of our liability to you in such circumstances, and we will not be responsible for any other costs connected with any such cancellation, howsoever arising.

37. NO REFUND POLICY: While every attempt is made to keep properties in good working order, occasionally things break, fail or go out of adjustment. This is an unavoidable part of life. This may include, but is not limited to, disruption in internet service, pool or spa heat, or AC system. When these types of things happen, TLC will make every attempt to correct or repair the problem as soon as possible, but only after HL has been alerted to the problem. However, it may happen that a repair cannot be made during the time the Licensee occupies the Property. For example, if internet service is disrupted over a weekend and Time Warner Cable cannot schedule an appointment until the following Monday, the repair will not happen over the weekend. No matter what happens, if the Property is otherwise habitable and the Licensee remains in the Property, the Licensee hereby confirms and agrees that no refunds will be issued.

38. GOVERNING LAW, VENUE AND TIME OF ESSENCE: This Agreement shall be governed by and construed in accordance with the laws of the State of California. Time is of the essence. Any legal action arising out of or relating to this Agreement shall be filed in a court of competent jurisdiction in Riverside County, California.

39. WAIVER OF JURY: The parties agree to waive any and all rights to a jury in any legal action between them arising out of or relating to this rental agreement.

40. ATTORNEY’S FEES AND COSTS: The prevailing party in any action between the parties, including arbitration proceedings, arising out of or relating to this Agreement shall be entitled to recover their reasonable attorney’s fees and costs, up to an amount not to exceed $2,500.

41. ARBITRATION: If the Licensee becomes dissatisfied for any reason with the Property or the fees charged, we encourage the Licensee to bring that to our attention immediately. We believe most problems can be rectified by communication and discussion. However, a dispute could arise which cannot be resolved by negotiation. We believe that such disputes are most satisfactorily resolved through binding arbitration rather than by litigation in court. Therefore, any controversy between the parties under this Agreement and any claim arising out of or relating to this Agreement or its breach, shall be submitted to binding arbitration in Riverside County, California before a retired judge or justice. If we are unable to agree on a retired judge or justice, each party will name a retired judge or justice and the two named persons will select a neutral judge or justice who will act as the sole arbitrator. The prevailing party in any arbitration or other court proceeding shall be awarded its reasonable costs and attorneys' fees incurred in connection with the dispute. Licensee confirms that it has read and understands the above paragraph regarding arbitration, and voluntarily agrees to Binding Arbitration.

42. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the parties relating to the Property, and it supersedes any and all prior memoranda, options, oral agreements and understandings of the parties respecting the subject matter of this Agreement, and supersedes all other prior documents made by the parties in connection with the transaction described herein.