Rental Agreement

HIDDEN GEM HOMES RENTAL AGREEMENT

This Short-Term Rental Agreement, referred to as the “Agreement,” is entered into between Hidden Gem Homes LLC and/or the applicable property owner or operator, referred to as “Owner,” and the person making the reservation, referred to as “Guest.”

The Agreement applies to the vacation rental property identified in the reservation confirmation, referred to as the “Property.” “Rental Party” means Guest and all other occupants, visitors, and invitees permitted to enter the Property during the reservation.

By completing a reservation, making payment, signing this Agreement, or entering the Property, Guest acknowledges that Guest has read, understands, and agrees to this Agreement.

Guest is responsible for ensuring that every member of the Rental Party complies with this Agreement.

INCORPORATED RESERVATION TERMS

The reservation confirmation, listing description, House Rules, cancellation policy, payment terms, and any property-specific policies disclosed to Guest before booking are incorporated into this Agreement.

If there is a conflict between this Agreement and a reservation-specific term provided in writing by Owner, the reservation-specific written term will control. Applicable laws and mandatory booking-platform policies will control where required.

ACCOMMODATION TERMS AND GUEST CONDUCT

Guest and the Rental Party must comply with all applicable laws, ordinances, permit requirements, House Rules, and Property restrictions.

Guest and the Rental Party must behave respectfully and avoid disturbing neighbors or interfering with neighboring properties.

Quiet hours are from 9:00 PM to 7:00 AM unless the House Rules for the Property establish stricter quiet hours. During quiet hours, noise must not be audible beyond the Property line.

Neighbor complaints, excessive noise, disruptive conduct, or violations of quiet hours may result in immediate termination of the reservation, removal from the Property, and charges for resulting costs or damages.

The Property may not be used for any illegal, unlawful, or unauthorized commercial purpose.

Guest may not sublease the Property, transfer the reservation, sell access to the Property, or allow the Property to be occupied by anyone other than the registered Rental Party without Owner’s prior written approval.

OCCUPANCY AND EVENTS

The number of overnight occupants and daytime visitors may not exceed the limits stated in the listing, reservation confirmation, House Rules, or applicable permit.

Guest may not host or permit any party, wedding, reception, celebration, meeting, commercial gathering, or other event at the Property without Owner’s prior written consent.

Unauthorized events, gatherings, visitors, or excess occupancy may result in immediate termination of the reservation without a refund, to the extent permitted by applicable law and booking-platform policy.

PARKING

Parking is permitted only in designated parking areas.

Unless otherwise stated in the House Rules, no more than two vehicles may be parked at the Property, and vehicles must be parked in front of the garage or in other designated spaces.

Guest and the Rental Party may not block neighboring driveways, roads, emergency access areas, sidewalks, or unauthorized parking spaces.

PROPERTY CONDITION, DAMAGE, AND ADDITIONAL CHARGES

Guest is responsible for damage, breakage, loss, theft, excessive cleaning, missing items, unauthorized alterations, or other costs caused by Guest or any member of the Rental Party.

Guest must promptly notify Owner of any damage, maintenance problem, accident, or unsafe condition discovered during the stay.

Guest is responsible for charges arising from conduct outside the normal course of a rental stay, including:

Damage to the Property, furnishings, appliances, landscaping, or amenities;

Missing or damaged household items;

Excessive mess or cleaning beyond a normal turnover;

Smoking violations;

Unauthorized animals;

Unauthorized guests, events, or excess occupancy;

Late checkout;

Quiet-hour or noise violations;

Improper disposal of garbage or hazardous materials;

Service calls resulting from Guest misuse; and

Other documented costs caused by Guest or the Rental Party.

Charges may be collected from the security deposit, charged to the payment method used for the reservation, requested through the applicable booking platform, or recovered through any other method permitted by law.

Guest authorizes Owner to charge the payment method used for a direct reservation for valid amounts due under this Agreement, subject to applicable law and any applicable payment-processing requirements.

PROPERTY ACCESS

Guest must allow Owner and Owner’s employees, contractors, cleaners, repair personnel, or representatives reasonable access to the Property when reasonably necessary for inspection, maintenance, repairs, or protection of the Property.

Owner will provide reasonable notice when practicable.

Owner or Owner’s representative may enter the Property without advance notice in an emergency, when urgent maintenance is required, when Guest cannot be reached, when there is a reasonable concern for the safety of persons or property, or when there is a reasonable belief that this Agreement is being materially violated.

ALTERATIONS

Guest may not move, alter, repair, decorate, install, remove, or make changes to the Property or its furnishings without Owner’s prior written consent.

CHECK-IN

Check-in time is after 3:00 PM unless an earlier time has been approved in writing by Owner.

Access is generally provided through a keypad, smart lock, or lockbox. Access instructions will be provided before arrival, subject to completion of required payments, identification, signatures, or other reservation requirements.

Early access to the Property is not permitted unless approved in writing by Owner.

CHECKOUT AND UNAUTHORIZED LATE CHECKOUT

Checkout time is 10:00 AM unless a later checkout time has been approved in writing by Owner.

A 15-minute grace period is provided. Guest must fully vacate the Property no later than 10:15 AM.

The Property is considered occupied until all members of the Rental Party, vehicles, and personal belongings have been removed and possession of the Property has been returned to Owner.

An unauthorized checkout after 10:15 AM but no later than 11:00 AM will incur a $75 late-checkout charge.

Beginning at 11:01 AM, Guest will incur an additional $150 for each additional hour or portion of an hour that the Property remains occupied.

For example, an unauthorized checkout between 2:01 PM and 3:00 PM will incur a total late-checkout charge of $675.

Late-checkout charges are intended to compensate Owner for cleaner standby time, alternative cleaner scheduling, additional labor, delayed turnover, interference with inspections or maintenance, disruption to an incoming reservation, and related administrative costs.

Payment of a late-checkout charge does not extend the reservation, grant Guest permission to remain at the Property, or prevent Owner from requiring immediate departure.

If Owner incurs documented third-party costs, incoming-guest compensation, lost reservation revenue, or other direct costs exceeding the accumulated late-checkout charges, Guest will be responsible for the amount by which those documented costs exceed the late-checkout charges. Owner will not recover the same loss twice.

Any grace period, exception, or waiver provided by Owner on one occasion does not modify the scheduled checkout time or create a right to a late checkout during any future reservation.

RATES AND FEES

Rental rates may vary based on availability, demand, seasonality, occupancy, special events, length of stay, and other market conditions. Owner may use automated pricing software, including PriceLabs, to help establish rates.

Rates may change until the reservation is confirmed.

After confirmation, the reservation price will be governed by the reservation confirmation, except for approved reservation modifications, applicable taxes, charges disclosed during booking, and additional amounts due under this Agreement.

SECURITY DEPOSIT

Owner reserves the right to require a security deposit in the amount disclosed at the time of booking.

After Guest’s departure, Owner may inspect the Property. Any refundable security deposit will be returned after inspection, less valid deductions permitted under this Agreement.

Deductions may include damage, missing property, excessive cleaning, unauthorized animals, smoking, late-checkout charges, quiet-hour violations, unauthorized events, excess occupancy, unpaid reservation amounts, or other costs caused by Guest or the Rental Party.

The security deposit does not limit Guest’s responsibility. Guest remains responsible for valid charges exceeding the amount of the security deposit.

PETS AND ANIMALS

Pets are not permitted unless approved in writing by Owner and allowed under the Property’s Pet Rules.

Guest is responsible for all damage, additional cleaning, waste removal, noise, injuries, or other costs caused by an approved animal.

Nothing in this section is intended to limit rights concerning service animals under applicable law.

POOL AND HOT-TUB SAFETY

This section applies to any Property containing a pool, spa, or hot tub.

There is no lifeguard on duty. Use of a pool, spa, or hot tub is voluntary and entirely at the user’s own risk.

Guest is responsible for supervising all members of the Rental Party. Children and any person unable to swim safely must be continuously supervised by a responsible adult.

Guest acknowledges that pools, spas, and hot tubs involve inherent risks, including slipping, falling, drowning, overheating, illness, injury, or death.

Guest and the Rental Party must follow all posted instructions and House Rules, including restrictions concerning children, glass, food, covers, temperature settings, operating equipment, and hours of use.

To the fullest extent permitted by law, Guest assumes the risks associated with use of these facilities and agrees to release and hold harmless Owner and Hidden Gem Homes from claims arising from Guest’s or the Rental Party’s use or misuse of the facilities.

ADDITIONAL PROPERTY POLICIES

Minimum-stay requirements, smoking rules, maximum occupancy, minimum booking age, child policies, amenity restrictions, and other property-specific requirements are governed by the listing, reservation confirmation, and House Rules.

CANCELLATIONS AND REFUNDS

The cancellation policy displayed to Guest at the time of booking and stated in the reservation confirmation controls the reservation.

Unless a different cancellation policy is displayed or agreed to in writing, cancellation fewer than 30 days before the scheduled arrival date will result in forfeiture of the amounts paid.

Any mandatory booking-platform refund policy or applicable law will control where required.

MECHANICAL FAILURES AND MAINTENANCE

Owner makes reasonable efforts to maintain the Property and its equipment in working condition. Owner cannot guarantee that electrical service, plumbing, water supply, heating, air conditioning, internet, television service, audiovisual equipment, appliances, pools, spas, hot tubs, or other equipment will operate without interruption.

Guest must promptly report any maintenance issue or inoperative equipment.

Owner will make reasonable efforts to inspect and repair reported problems. Guest must provide reasonable access for inspection and repair.

Temporary interruption or failure of an amenity does not automatically entitle Guest to a refund or rent reduction, except as required by applicable law, the reservation terms, or a mandatory booking-platform policy.

MANDATORY EVACUATIONS AND EVENTS OUTSIDE OWNER’S CONTROL

If a government authority issues a mandatory evacuation order that legally prevents Guest from occupying the Property, Guest will be entitled to a prorated refund for each affected night that Guest is unable to occupy the Property, subject to applicable law and any controlling booking-platform policy.

Owner will not be liable or considered in default for a delay or failure to perform caused by events outside Owner’s reasonable control, including severe weather, wildfire, earthquake, utility interruption, government action, public emergency, labor disruption, natural disaster, or other act of God.

ASSUMPTION OF RISK AND LIMITATION OF LIABILITY

Guest acknowledges that use and occupancy of the Property involve ordinary and inherent risks.

To the fullest extent permitted by law, Guest and the Rental Party assume the risks arising from their use of the Property, its grounds, furnishings, equipment, recreational features, and amenities.

Owner is not responsible for accidents, injuries, illnesses, or losses suffered by Guest or the Rental Party except to the extent directly caused by Owner’s gross negligence, willful misconduct, or another basis of liability that cannot legally be waived.

Owner is not responsible for the loss, theft, or damage of money, jewelry, electronics, luggage, vehicles, or other personal belongings belonging to Guest, the Rental Party, or visitors.

Guest is responsible for securing personal property and locking doors and windows when leaving the Property.

To the fullest extent permitted by law, Owner will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages arising from the reservation or use of the Property.

Nothing in this Agreement excludes or limits liability that cannot legally be excluded or limited.

INDEMNIFICATION

To the fullest extent permitted by law, Guest agrees to defend, indemnify, and hold harmless Owner, Hidden Gem Homes, and their employees, contractors, representatives, successors, and assigns from third-party claims, losses, damages, liabilities, and reasonable costs arising from:

Guest’s or the Rental Party’s use or occupancy of the Property;

The acts or omissions of Guest, the Rental Party, or Guest’s visitors;

Damage or injury caused by Guest, the Rental Party, or Guest’s visitors; or

A violation of this Agreement, the House Rules, or applicable law.

This indemnification does not apply to the extent a claim was caused by Owner’s gross negligence, willful misconduct, or conduct for which indemnification cannot legally be required.

TERMINATION OF RESERVATION

Owner may refuse entry to the Property or terminate the reservation if Owner reasonably believes that Guest or the Rental Party:

Is engaging in illegal, dangerous, threatening, or disruptive conduct;

Has caused or is likely to cause material damage;

Is holding an unauthorized event or gathering;

Has exceeded the permitted occupancy;

Is materially violating quiet hours or disturbing neighbors;

Has provided materially false reservation information;

Has failed to make required payments; or

Is otherwise materially violating this Agreement.

When a reservation is properly terminated for a material violation, Guest and the Rental Party must leave the Property immediately. No refund will be provided except where required by applicable law or a mandatory booking-platform policy.

GOVERNING LAW AND DISPUTE RESOLUTION

This Agreement and the transactions contemplated by it will be governed by and interpreted under the laws of the State of California, without regard to conflict-of-law principles.

The Parties agree to first attempt to resolve any dispute through good-faith written communication.

If the dispute cannot be resolved informally, the Parties agree to attempt mediation before initiating binding arbitration, except for claims that may properly be brought in small claims court or where another procedure is required by law.

If mediation does not resolve the dispute, the dispute will be resolved through binding arbitration administered under the applicable rules of the American Arbitration Association, except to the extent prohibited by law or controlled by a mandatory booking-platform dispute process.

NOTICES

Any notice or communication under this Agreement must be in writing.

Written notice may be delivered by email, text message, or the messaging system of the booking platform used for the reservation.

Notice will be considered received when sent to the email address, telephone number, or booking-platform account associated with the reservation, unless the sender receives notice that delivery failed.

AMENDMENTS

This Agreement may be amended only by a written agreement between Owner and Guest.

A reservation modification, approved exception, or other written agreement communicated by email, text message, booking-platform message, or updated reservation confirmation will satisfy this requirement.

NO WAIVER

A failure or delay by Owner or Guest to enforce any provision of this Agreement does not waive that provision or any other right.

A waiver is effective only when expressly made in writing.

SEVERABILITY

If any provision of this Agreement is found invalid or unenforceable, that provision will be enforced to the maximum extent permitted by law.

The remaining provisions will continue in full force and effect.

SUCCESSORS AND ASSIGNS

This Agreement is binding upon and benefits Owner and Guest and their permitted successors and assigns.

Guest may not assign or transfer the reservation or this Agreement without Owner’s prior written consent.

ENTIRE AGREEMENT

This Agreement, together with the reservation confirmation, listing, House Rules, cancellation policy, payment terms, and any written reservation modifications, represents the entire agreement between the Parties concerning the reservation.

It supersedes prior discussions, representations, negotiations, or understandings concerning the same subject matter.