A 3 BR 2 Bath home within a gated community available for rent for Super Bowl week in Houston. The home is located a few blocks from Discovery Green and downtown Houston, where the Houston Super Bowl Festival will take place among other exciting events. The house is also located within a 8 mile drive from NRG Stadium, which makes for a cheap Uber/taxi ride or an easy train ride using METRORail.
This Short Term Stay Agreement (“Stay Agreement”) is made by and between ________________ (“Host”) and __________________ (“Guest”) as of the date last set forth on the online booking reservation. For good and valuable consideration, the sufficiency of which is acknowledged, the parties hereby agree as follows with the acceptance of this online booking:
1. Property: The Property is located at:
The Property is furnished and includes washer/dryer, refrigerator/freezer, gas stove, microwave, dishwasher, television, toaster, coffee maker, fresh bed linens and towels. The Property is privately owned and reflects our taste and requirements. Guest will not remove furnishings, kitchen items or any other items.
2. Guest’s Party: The Guest’s Party shall consist of Guest and the following persons:
FULL NAME AGE
ONLY PERSONS IN THE GUEST’S PARTY SHOULD BE ON THE PROPERTY DURING THE ENTIRETY OF THE STAY. OTHER PERSONS ON THE PROPERTY WILL RESULT IN AN OVER OCCUPANCY VIOLATION. OVER OCCUPANCY IS A SERIOUS VIOLATION OF THIS STAY AGREEMENT AND MAY BE SUBJECT TO IMMEDIATE EVICTION WITHOUT REFUND AND/OR ASSESSED FEES OF $1,000 PER NIGHT AND/OR LOSS OF THE ENTIRE DEPOSIT.
4. Term of Stay: The Term of Stay (“Stay”) begins at 3 p. m. CST on ______________ (“Check-in”) and ends at 11 a.m. CST on ________________ (“Checkout”). Check-in and Checkout dates and times are STRICT. If you will not be checking in by 8 p. m. the day of Check-in, please bring to the Host's attention as availability to troubleshoot issues with entry cannot be guaranteed unless proper accommodations are made. Earlier Check-in and/or later Checkout times may be allowed at the Host's discretion and could require additional fees. Luggage and other personal items are not to be kept on the property prior to Check-in or following Checkout.
5. Early Departure: Location changes and reduction in length of Stay changes cannot be accommodated. Early departure refunds are not allowed.
6. House Rules: Guest and all members in Guest’s Party agree to abide by the House Rules attached to this Stay Agreement at all times while on at Property. In addition, Guest and all members in Guest’s Party must use and operate all furnishings safely and only for their intended use, including electric and gas appliances, plumbing fixtures, electronic home entertainment property, and all other items of whatsoever kind or nature provided to Guest during the Stay for convenience. Guest will leave the home so that no extraordinary housekeeping will be required after departure. Guest will notify and reimburse for all necessary and reasonable repairs, replacement for damage or destruction or property caused by person mentioned above or for extra cleaning required. The Host will notify Guest of the costs of damages or extra housekeeping. Host may bill Guest for these costs or remove these costs from the Deposit in accordance with Airbnb policies.
7. Restrictions of Property Use: All persons on the Property are prohibited from engaging in any unlawful activity or any activity that constitutes a nuisance. Violation of this rule will result in immediate eviction without refund, and Guest will be held liable for any damages to the Property, contents and grounds. Property may not be used for any activity in violation or local, state or federal laws, or Texas Insurance rules and regulations. VIOLATION OF THE CITY OF HOUSTON NOISE ORDINANCE WILL RESULT IN A LOSS OF THE ENTIRE DEPOSIT AND IMMEDIATE EVICTION WITHOUT REFUND. SEE HOUSE RULES FOR FURTHER DETAILS.
8. Access: Guest shall allow Host/Host/Manager and their representative’s access to the Property for purposes of repair and inspection. Host/Host/Manager shall exercise this right of access in a reasonable manner.
9. Rates and Fees
If the Property appears dirty or damaged upon Check-in, Guest shall inform Host/Manager immediately. The Host/Manager will make every effort to assure that appliances in the home are in operating condition. The Guest will report any problems as soon as they are discovered. Parts or outside service may be required. Alleviation of these problems cannot be guaranteed by Checkout. Refunds cannot be made for inconvenience due to mechanical failure of appliances.
10. Payment Method: Booking through Airbnb, Guest agrees to pay the “Airbnb Booking Fee” charged to “Guest.”
11. Cancellation Policy:
12. Insurance: We encourage all renters to purchase traveler insurance. Please indicate Insurer and policy # if applicable (write N/A if no insurance):
13. Notification: It is Guest’s sole responsibility to inspect the Property upon arrival. In addition to inspecting the smoke detectors, Guest agrees to inspect Property to ensure that it is free of hazards and properly equipped for the elderly or handicapped. Guest assumes the entire risk of injuries arising from use of the Property. Guest will ensure that the Property has a secure shower or bathtub mat and that the Guest takes reasonable measures to prevent slips in the bathroom, on staircases, steps on balconies and throughout the Property. Guest agrees to take a higher degree of care in the use of the Property because of the type of the structures on the Property.
14. Smoking: Smoking ANYWHERE ON THE PROPERTY is prohibited and any violation will result in a fine. MINIMUM $500 FINE FOR EVIDENCE OF SMOKING ON THE PROPERTY.
15. Weather: There will be no refunds due to inclement weather or power outages.
16. Release of Liability: Guest and all persons of Guest’s Party agrees to release Host/Host/Manager and their representatives from and against all liability should anyone incur loss due to theft or other cause and/or be injured upon the premises during the term of occupancy resulting from any cause whatsoever, except in the case of personal injury caused by willful gross negligence on the part of the Host.
17. Attorney’s Fees: If Host consults legal counsel or a professional collection service for collecting any amounts due to Host under this Stay Agreement, Guest shall be responsible for all costs of litigation and/or collection in case of such, including actual attorney’s fees.
18. Limitations on Stay: Host will not be liable for circumstances beyond their control, including but not limited to appliances or air conditioning/heating failure, other mechanical failure, unfavorable weather, disruption of utility services including cable/satellite television, WIFI, etc. There will be no relocation, rate pro-ration or refund in the event of such circumstances. In the event Host is unable to deliver the Property to Guest because of property sale, fire, mandatory evacuation, eminent domain, Acts of Nature, or if the property is unavailable because of construction delays or lack of utilities, Guest agrees that Host’s sole liability, as a result of any of these conditions, will be a full refund of all payments tendered by Guest. Guest expressly acknowledges that in no event will Host be held liable for any other condition out of the control of the Host, or for any incidental or consequential damage, including but not limited to expenses that result from moving or for any other losses.
19. Tenancy: The Guest acknowledges that this in NOT a tenancy for the Property. The Property is not rented for more than 30 days. Property laws do not apply to license granted herein, and the Guest may be removed as a trespasser immediately upon termination of this license. Often a Guest is scheduled to begin a vacation in the Property on the same day as the checkout day of another prior Guest. If Guest stays even one additional minute, Host would face significant logistical problems with the next guest, including possible liability. As such, Guest agrees to vacate immediately upon Checkout. Failure to do so will entitle Host, in addition to all other remedies available to it, to have Guest ejected by law enforcement as trespasser and to physically remove Guest and all of Guest’s possessions from the Property (for which Guest hereby grant permission and consent) and obtain damages and injunctive relief against Guest.
20. Invalid provisions: If any provision of the Agreement is held to be illegal, invalid or unenforceable under present or future laws effective during the term hereof, such provision shall be fully severable and this Agreement shall be construe and enforced as if such illegal, invalid or unenforceable provision had never comprised a part hereof; and the remaining provisions hereof shall remain in full force and effect and shall not be affected by illegal, invalid or unenforceable provision or by its severance hereof. Furthermore, in lieu of such illegal, invalid or unenforceable provision there shall be added automatically as part of the Agreement a provision as similar in terms to such illegal, invalid or unenforceable provision as may by possible and still be legal, valid or enforceable.
21. Entire Agreement: This StayAgreement sets forth the entire understanding of the parties and supersedes all prior agreements or understandings, whether written or oral, with respect to the subject matter hereof. No amendment or modification hereto shall be binding unless made in writing and signed by the parties hereto.
22. Waiver: The wavier by either party hereto of a breach of any term or provision of this Agreement shall not operate or be construed as a waiver of a subsequent breach of same provisions by any party or of the breach of any other term or provisions of this Agreement.
23. Applicable Law: THE TERMS AND PROVISIONS OF THIS STAY AGREEMENT, SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. COURTS WITHIN THE STATE OF TEXAS SHALL HAVE JURISDICTION OVER ANY AND ALL DISPUTES BETWEEN THE PARTIES HERETO, WHETHER IN LAW OR IN EQUITY, INCLUDING BUT NOT LIMITED TO, ALL DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT; AND VENUE OF SUCH DISPUTE WHETER IN FEDERAL OR STATE COURT SHALL BE LAID IN TRAVIS COUNTY, TEXAS.
24. WAIVER OF JURY TRIAL: HOST, GUEST, AND PERSONS IN GUESTS PARTY, BY EXECUTION AND ACCEPTANCE OF THIS AGREEMENT, ACKNOWLEDGE THAT THE RIGHT TO A TRIAL BY JURY IS A CONSTITUTIONAL ONE, BUT THAT IT MAY BE WAIVED. EACH PARTY, AFTER CONSULTING (OR HAVING THE OPPORTUNITY TO CONSULT) WITH COUNSEL OF THEIR CHOICE, KNOWINGLY AND VOLUNTARILY, AND FOR THEIR MUTUAL BENEFIT, WAIVES ANY RIGHT TO TRIAL BY JURY IN EVENT OF LITIGATION REGARDING THE PERFORMANCE OR ENFORCEMENT OF, OR IN ANY WAY RELATED TO, THIS STAY AGREEMENT, THE PARTIES’ OBLIGATION THEREUNDER, OR THE PROPERTY.
25. Headings: Headings of the paragraphs herein are used solely for convenience and shall not be used for interpretation or construing any word, clause, paragraph, or provision of this Agreement. Reservation, Guest hereby agrees and accepts all the terms and condition stated above.
26. Emergency Contacts:
1) Name: _______________________________________
Contact Phone Number: _________________________
2) Name: _______________________________________
Contact Phone Number: _________________________
The parties agree to the terms of this Short Term Stay Agreement, as evidenced by THE ACCEPTANCE OF THE AIRBNB RESERVATION ONLINE.
It is IMPERATIVE that each member in the Guest’s Party reads the "House Rules" as infringement of these rules could lead to substantial fees removed from the Deposit.
IN GENERAL: Please respect our house and our neighbors. This is not a place to throw a loud party. Please leave the place like you found it, clean.
1. OCCUPANCY: Rates are quoted based on the number of persons in the Guest’s Party that were PROVIDED. All persons entering the Property are counted as chargeable guests. ONLY PERSONS IN THE GUEST’S PARTY SHOULD BE ON THE PROPERTY DURING THE ENTIRETY OF THE STAY. OTHER PERSONS ON THE PROPERTY WILL RESULT IN AN OVER OCCUPANCY VIOLATION. OVER OCCUPANCY IS A SERIOUS VIOLATION OF THIS STAY AGREEMENT AND MAY BE SUBJECT TO IMMEDIATE EVICTION WITHOUT REFUND AND/OR ASSESSED FEES OF $1,000 PER NIGHT AND/OR LOSS OF THE ENTIRE DEPOSIT.
2. NOISE AND USE: PARTIES, OUTDOOR DRINKING, ORAGNIZED SOCIAL EVENTS, ALL COMMERICAL USES ARE STRICTLY PROHITIED. Violations are grounds for the loss of the entire Deposit and immediate eviction. Sound/lighting equipment (other than provided by Host), margarita machines, foam machines, fog machines, ice luges/blocks, are strictly prohibited.
Your respect for the neighbors is very important. Please keep all noise on the Property to a minimum. Please refrain from drinking, playing loud music and talking loudly/yelling outside the home.
PLEASE OBSERVE THE CITY OF HOUSTON NOISE ORDINACE RESTRICTIONS FROM 10p. m. CST to 7 a. m. CST. VIOLATION OF THE CITY OF HOUSTON NOISE ORDINANCE WILL RESULT IN THE LOSS OF THE ENTIRE DEPOSIT AND IMMEDIATE EVICTION WITHOUT REFUND.
3. PARKING: Parking is limited to 1 vehicle on the Property IN THE DRIVEWAY ONLY, also you will be issues one parking pass to park inside the premise in the designated areas. Loss of the Pass will result in a $75.00 loss of deposit. If additional parking is required please park on street. Pay attention to all street signs. Any illegally parked cars are subject to towing; applicable fines/towing fees are the sole responsibility of the vehicle owner.
4. TRASH: Please take full garbage bags into the garage and place inside the garbage bins. Leave garbage bins outside the garage on Monday nights and Thursday nights as the waste company picks up garbage on Tuesday and Friday mornings.
5. LAUNDRY: Can be done at your leisure. Detergent and dryer sheets available.
6. THERMOSTAT: While I want you and your party to be very comfortable during your stay, I also would like to keep my electricity bill reasonable. Do not turn down thermostat below 68 degrees Fahrenheit (cool) or above 78 degrees Fahrenheit (heat). During hotter temperatures, please turn thermostat up to 80 or above during the day when not at the house.
7. SMOKING: Smoking ANYWHERE INSIDE THE HOME is prohibited. Smoking can be done in the garage or outside the front door.
8. DISHES AND COOKWARE: Please wash all dishes and cookware used. Place clean dishes back in their respective drawer/cupboard/area. Place all final dirty dishes in the dishwasher. Please start dishwasher before final departure.
9. Housekeeping: There is no daily housekeeping service. Fresh linens and bath towels are included. Daily maid service is not included in the rental rate. For bigger groups, I suggest bringing some towels. We do not permit towels or linens to be taken from the house. Please leave all used towels in the bathtub(s) before departure. Please leave all linens on their respective sleeping spaces.
Please make sure:
1) The space is clean like you found it.
2) Trash is bagged and removed.
3) All lights are turned off.
4) You and your belongings are out.
5) All windows/doors are closed and locked (with all window coverings closed).
6) All other items in the House Rules have been followed.
Please send a Airbnb message to Host/Manager when all tasks are complete, before or at 11am (or agreed upon Checkout time).
11. Host/Host/Manager and their representatives are not responsible for any accidents, injuries or illness that occurs while on the premises or its facilities. By accepting this reservation, it is agreed that all Guests are expressly assuming the risk of any harm arising from their use of the premises or others whom they invite to use the premise. Host/Host/Manager is not 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 as soon as possible and, if found, arrangements for shipment will be made. Any shipping cost will be charged to Guest or deducted from Deposit to cover the expense. Administration fee may apply.
12. Tampering, disabling, or damaging the thermostats, cameras, door locks, window locks, and/or smoke/CO detectors will result in a MINIMUM, $500.00 fine.
13. MAKEUP: Do not use provided towels for makeup removal. Please bring/purchase necessary items to accommodate.
14. Decorations: The home may be decorated, but items may only be posted to the wall with BLUE PAINTERS TAPE. Pushpins and other types of tape will damage the paint and the drywall in the home.
15. Only use appliances for their intended uses.
16. DO NOT FLUSH anything other than toilet paper. No feminine products should be flushed at anytime. If it is found that feminine products have been flushed and clog the septic system, you could be charged damages of up to $500.
17. Report any problems with the property to Host as soon as noticed by calling the contact number provided.
18. No refunds will be given for storms. We do not refund due to road conditions.
19. Illegal substances are prohibited and grounds for loss of the entire deposit and immediate eviction.
20. Lock all doors/windows and shut/close all blinds every time you leave the house to keep your personal items safe. It is also encouraged to leave a couple lights on when away at night.
21. A lien may not be placed on the property.
22. Subsequent leases/subleases/rentals by Guest during the Stay without Host’s written consent is prohibited.
23. Guest is not to enter onto the roof; attic space.
24. Removal of household items is a serious infringement of your rental agreement. Any items removed from the home will result in fines outlined in the agreement on top of replacement costs.
25. Furnishings and amenities will be furnished as described whenever possible. In the event that an item is damaged/broken/lost the owner will restock as soon as possible. All items in description/pictures are not guaranteed.
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