Schaffer’s Mill Exclusive Accommodations – Vacation Rental Agreement

THIS IS A VACATION RENTAL AGREEMENT UNDER THE CALIFORNIA VACATION RENTAL ACT. THE RIGHTS AND OBLIGATIONS OF THE PARTIES TO THIS AGREEMENT ARE DEFINED BY LAW AND INCLUDE UNIQUE PROVISIONS PERMITTING THE DISBURSEMENT OF RENT PRIOR TO TENANCY AND EXPEDITED EVICTION OF TENANTS. YOUR E-SIGNATURE ON THIS AGREEMENT, OR PAYMENT OF MONEY OR TAKING POSSESSION OF THE PROPERTY AFTER RECEIPT OF THE AGREEMENT, IS EVIDENCE OF YOUR ACCEPTANCE OF THE AGREEMENT AND YOUR INTENT TO USE THIS PROPERTY FOR A VACATION RENTAL.

Schaffer's Mill Exclusive Accommodations (SMEA) c/o Schaffer's Mill Golf & Lake Club ("SMEA")
9045 Heartwood Drive
Truckee, CA 9616
Phone: 530.582.6964
Email: memberservices@schaffersmill.com

Persons who secured reservation online or by phone ("Tenant")

SMEA, as an authorized representative of the owner, hereby rents to Tenant, and Tenant hereby rents from SMEA, the vacation property described below (referred to hereafter as the "Premises") on the terms contained in this Agreement.

1. "Premises" is defined as the property which the Tenant has chosen to reserve online or by phone.
2. "Term" is defined as the length of stay the Tenant will be on the Premises in accordance to Check-In & Check-Out times.
3. "Rent" is the monetary amount the Tenant has agreed to pay upon during reservation in accordance to the terms set forth in Paragraph 4.
4. "Financial Terms" include advance rent, security deposit, rent balance, other fees, & taxes*. All payments shall be required to be secured via a valid credit card provided at the time of reservation. *Tax rates are calculated as of the time of this Agreement. Tenant shall be responsible for payment of all applicable taxes according to rates in effect at the time of occupancy.
5. Disbursement of Rent and Third Party Fees. Tenant authorizes SMEA to disburse up to fifty percent (50%) of the rent set forth in paragraph 3 above to the owner (or as the owner directs) prior to Tenant's occupancy of the Premises, and the balance of the rent upon the commencement of the tenancy, a material breach of this Agreement by Tenant, or as otherwise permitted under the Vacation Rental Act. Tenant agrees to pay a $25 processing fee for any check of Tenant that may be returned by the financial institution due to insufficient funds or because Tenant did not have an account at the financial institution. Tenant also authorizes SMEA to disburse prior to Tenant's occupancy of the Premises any fees owed to third parties to pay for any goods, services, or benefits procured by SMEA for the benefit of Tenant, including but not limited to any fees set forth herein payable to SMEA for reservation, transfer or cancellation of Tenant's tenancy.
6. Security Deposit. Any security deposit provided for in paragraph 4 above may be applied to actual damages caused by Tenant as permitted under the Tenant Security Deposit Act. In addition, SMEA may deduct from the security deposit the amount of any unpaid long distance or per call telephone charges and cable television charges that are not specifically described in this Agreement (including any addendum hereto) as being included with the Premises. SMEA shall apply, account for, or refund Tenant's security deposit within 45 days following the end of the tenancy.
7. Damages. Lessees assume financial responsibility for damages or loss caused by negligence or deliberate abuse to the structure, furnishings, appliances, landscaping, recreational equipment and any other provided items or materials of the rental property (wear and tear arising from reasonable and customary use and damage by the elements are excepted). By reserving a home, the lessee hereby grants consent for Schaffer's Mill Exclusive Accommodations to charge their credit card in any amount of actual damages to the Property, excessive cleaning or missing items incurring from their stay. SMEA reserves the right to include costs related to staff and administrative time within the total costs of damages. There will be no charges provided that no damage is done to the unit or its contents, beyond normal wear and tear.
8. Trust Account. Any advance payment made by Tenant shall be deposited in a trust account with designated bank during the reservation process. Tenant agrees that any advance payment may be deposited in an interest-bearing trust account and that any interest thereon shall accrue for the benefit of, and shall be paid to, the owner (or as the owner directs) as it accrues and as often as is permitted by the terms of the account.
9. Tenant Duties. Tenant agrees to comply with all obligations imposed by the Vacation Rental Act on Tenant with respect to maintenance of the Premises, including but not limited to keeping the Premises as clean and safe as the conditions of the Premises permit and causing no unsafe or unsanitary conditions in the common areas and remainder of the Premises that Tenant uses; and notifying SMEA in writing of the need of replacement of or repairs to a smoke detector, and replacing the batteries as needed during the tenancy. Tenant agrees not to use the Premises for any activity or purpose that violates any criminal law or governmental regulation. Tenant's breach of any duty contained in this paragraph shall be considered material, and shall result in the termination of Tenant's tenancy.
10. SMEA Duties. SMEA agrees to provide the Premises in a fit and habitable condition. If at the time Tenant is to begin occupancy of the Premises, SMEA cannot provide the Premises in a fit and habitable condition or substitute a reasonably comparable property in such condition, SMEA shall refund to Tenant all payments made by Tenant. SMEA shall conduct all brokerage activities in regard to this Agreement without respect to the race, color, religion, sex, national origin, handicap or familial status of any tenant.
11. Down Payment / Cancellations. Upon booking, 50% of the total estimated balance is due (the down payment). Cancellations made more than 60 days before arrival will receive a refund of 50% of the down payment amount. Cancellations made from 30-60 days before the dates of stay will forfeit the entire down payment amount. Cancellations within 30 days of the stay will be charged the full amount of the total stay. All bookings are at the risk of the Renter. Regardless of weather, road closures, family emergencies, health, personal loss, or any other reason, the parameters above will not be adjusted. Travel insurance from third parties is available for those who would like additional protection.
12. Transfer of Premises.
1. If the owner voluntarily transfers the Premises, Tenant has the right to enforce this Agreement against the grantee of the Premises if Tenant's occupancy under this Agreement is to end 180 days or less after the grantee's interest in the Premises is recorded. If Tenant's occupancy is to end more than 180 days after such recordation, Tenant has no right to enforce the terms of this Agreement unless the grantee agrees in writing to honor this Agreement. If the grantee does not honor this Agreement, Tenant is entitled to a refund of all advance rent paid by Tenant (and other fees owed to third parties not already lawfully disbursed). Within 20 days after transfer of the Premises, the grantee or the grantee's SMEA is required to: (i) notify Tenant in writing of the transfer of the Premises, the grantee's name and address, and the date the grantee's interest was recorded; and (ii) advise Tenant whether Tenant has the right to occupy the Premises subject to the terms of this Agreement or receive a refund of any payments made by Tenant. However, if the grantee engages SMEA to continue managing the Premises after the transfer, the grantee shall have no obligation under (i) or (ii) above if this Agreement must be honored under the Vacation Rental Act or if the grantee agrees in writing to honor this Agreement.
2. Upon termination of the owner's interest in the Premises, whether by sale, assignment, death, appointment of a receiver or otherwise, the owner, owner's SMEA or real estate SMEA is required to transfer all advance rent paid by Tenant (and other fees owed to third parties not already lawfully disbursed) to the owner's successor-in-interest within 30 days, and notify Tenant by mail of such transfer and of the transferee's name and address. However, if Tenant's occupancy under this Agreement is to end more than 180 days after recordation of the interest of the owner's successor-in-interest in the Premises, and the successor-in-interest has not agreed to honor this Agreement, all advance rent paid by Tenant (and other fees owed to third parties not already lawfully disbursed) must be transferred to Tenant within 30 days.
3. If the owner's interest in the Premises is involuntarily transferred prior to Tenant's occupancy of the Premises, the owner is required to refund to Tenant all advance rent paid by Tenant (and other fees owed to third parties not already lawfully disbursed) within 60 days after the transfer.
13. Mandatory Evacuation. If State or local authorities order a mandatory evacuation of an area that includes the Premises, Tenant shall comply with the order. Upon compliance, Tenant will be entitled to a refund of the prorated rent for each night that Tenant is unable to occupy the Premises because of the order. However, Tenant will not be entitled to a refund if, prior to taking possession of the Premises: (i) Tenant refused insurance offered by SMEA that would have compensated Tenant for losses or damages resulting from loss of use of the Premises due to a mandatory evacuation order, or (ii) Tenant purchased such insurance from SMEA.
14. Expedited Eviction. If the tenancy created hereunder is for 30 days or less, the expedited eviction procedures set forth in the Vacation Rental Act will apply. Tenant may be evicted under such procedures if Tenant: (i) holds over in possession after Tenant's tenancy has expired; (ii) commits a material breach of any provision of this Agreement (including any addendum hereto) that according to its terms would result in the termination of Tenant's tenancy; (iii) fails to pay rent as required by this Agreement; or (iv) has obtained possession of the Premises by fraud or misrepresentation.
15. Indemnification and Hold Harmless; Right of Entry; Assignment. Tenant agrees to indemnify and hold harmless SMEA and the owner from and against any liability for personal injury or property damage sustained by any person (including Tenant's guests) as a result of any cause, unless caused by the negligent or willful act of SMEA or the owner, or the failure of SMEA or the owner to comply with the Vacation Rental Act. Tenant agrees that SMEA the owner or their respective representatives may enter the Premises during reasonable hours to inspect the Premises, to make such repairs, alterations or improvements thereto as SMEA or owner may deem appropriate, or to show the Premises to prospective purchasers or tenants. Tenant shall not assign this Agreement or sublet the Premises in whole or part without written permission of SMEA.
16. Acts of God; Construction Noise. SMEA shall not be liable for events beyond their control which may interfere with Tenant's scheduled occupancy, including but not limited to Acts of God, acts of governmental agencies, strikes, terrorism, war, inclement weather, flooding, construction noise from nearby sites, and so forth. NO REBATE OR REFUND will be offered in these circumstances.
17. Pets. Unless otherwise specifically stated in your rental home booking (listed under property overview/house rules), no pets shall be allowed. Tenant's breach of this provision shall be considered material, and shall result in the termination of Tenant's tenancy. Furthermore, failure to notify SMEA of your dog in any rental unit (or discovery of animal during/after your stay) will result in a $500 fee.
18. Max Occupancy. The maximum occupancy is the number each property sleeps. Each Premises has a designated max occupancy that should be adhered to. Exceeding occupancy limits is considered a serious violation of this Rental Agreement and local law. SMEA reserves the right to deny access or to have the premises vacated with no refund should the occupancy limit be exceeded.
19. Property Rules. Tenants must adhere to any and all property rules. These include no illegal drugs at any time on the premises or within the Schaffer's Mill community and each Premise's policies which may include smoking, parties, large group gatherings, and noise levels.
20. Addenda. Any addenda to this Agreement are described in the following space and readily available for review on the website for SMEA, www.schaffersmillvacations.com:
    • California Vacation Rental Act
    • SMEA Policies & Procedures (online and next page)

Reservations:

• Reservations may be made in person, by phone, or online at our website (www.schaffersmillvacations.com).
• A credit card is required for all reservations.
• Upon confirmation of your reservation, we require a down payment of 50% of the total amount of your stay.
• The balance of your reservation is due two weeks prior to your arrival and your credit card will be charged the remaining amount. If for any reason the credit card on file is not accepted and the situation is not rectified in less than 48 hours, SMEA may proceed, without further notice, to rent the property to other parties.
• SMEA makes every effort to provide you with the most accurate information; please note that verbal misquotes on rental rates, house descriptions, or policies will not be honored.

Check-In:

• For your convenience, your home will be available for check-in beginning at 4:00pm. Early arrivals may be arranged pending other reservations and the housekeeping schedule, and are strictly prohibited during the peak Summer period. Please contact us 24-48 hours prior to your arrival to make these arrangements. Unless you have specifically arranged for an early arrival time, please do not arrive at the property before your scheduled check-in time.
• Our homes are accessed via a lockbox or door code (keyless!). Access codes are provided prior to arrival.

Check-Out:

• Check-out is at 10:00am. Your prompt departure is appreciated so we can prepare the home for any incoming guests.
• If you would like to request a late check-out time, please contact our team at vacations@schaffersmill.com in advance. Please note that this will be subject to availability and fees will apply. Late checkouts without prior arrangements may be charged $50 per hour without exception.
• If necessary, luggage storage is available at the Club.
• Prior to check-out please place all trash in the trash cans, located in the Bear Box generally just off the garage. Please don't forget to lock the door to the Bear Box from the inside.
• Please ensure you lock the home and return all keys to the lock box.

Keys/Garage Door Openers

• Please return all keys upon check-out to the lockbox and leave garage door openers (if applicable) in the home.
• If all keys/garage door openers are not returned, the renter will be charged $75 per each unreturned item.

Taxes:

• The state of California requires a sales tax and an occupancy tax that will be collected on your behalf in addition to your rental fee.
• A one-time cleaning fee will be charged.

Damages:

• All renters must leave the rental unit in an undamaged condition. Renters are responsible for any damages which occur during their stay. This could include but isn't limited to repair costs and cleaning fees.
• Renters must report all damages and problems immediately.
• All renters are responsible for any missing items from the rental unit and their replacement cost, plus possible service fees.

Payments: Payment may be made by Visa, MasterCard, or American Express. Personal checks or cash are not accepted.

Last Minute Reservations: Renters who reserve homes less than 21 days before arrival must pay in full at the time of reservation.

Facilities Usage: We invite you to enjoy the facilities at Schaffer's Mill during hours of operation. To view Clubhouse Amenities, visit our website at www.schaffersmill.com

Golf: The majority of the our homes in Exclusive Accommodations grant guests access to the award-winning private golf club at Schaffer's Mill. (If you are unsure of the homes eligibility of golf access please reach out to vacations@schaffersmill.com). Note that there will be a $195 fee per person. Guest play is restricted, and our dress code policy must be followed. Please contact the sports shop if you have any questions 530.214.7374 and to reserve tee times.

Tennis: Tennis lessons and clinics operate all spring and summer, on an on-demand basis. Please contact our Member Services team at memberservices@schaffersmill.com for more information or to sign up.

Fitness: If you would like to sign up for fitness classes please contact our Member Services team at memberservices@schaffersmill.com or inquire at the clubhouse.

Pool/Spa on the Rocks: The pool is open seasonally and is located at the clubhouse, along with the family jacuzzi (open year-round). Enjoy the adults only Spa on the Rocks jacuzzi experience available exclusively by those 21 years and older (outside food and beverage is not permitted).

Welcome Packet: Welcome packets including (but not limited to) such items as arrival instructions, WiFi info, local eats and area attractions can be found inside the home.

Items Furnished: Every rental home is furnished with kitchenware (coffee maker), appliances, bed linens and towels. We provide a starter kit of expendable cleaning supplies such as hand soap, dish soap, laundry detergent, toilet paper, paper towels and garbage bags. Please bring additional if you feel this will not be adequate. If you have specific questions about items included, please contact us at vacations@schaffersmill.com.

Items Left Behind: SMEA is not responsible for any personal items left by renters. SMEA will make every effort to retrieve personal property, and items found may be shipped at the renters' expense.

Emergencies/Maintenance: In the event of a problem getting in the home or if there are problems with condition or functionality of the home, please immediately contact our office at 530.214.7381(leave a voice message if there is no answer, we will make every effort to return your call as soon as possible).

Inspection/Entry: SMEA and its agents and contractors reserve the right to enter the premises to perform maintenance or repairs. Advance notice will be given whenever possible.

Recreational Vehicles: All renters at Schaffer's Mill are subjected to all restrictions under the CC&R's of Schaffer's Mill and all unlicensed recreational vehicles are prohibited within the community.

The Golden Rule: Renters are asked to please respect these homes as if they were their own. Renters must report all damages and/or problems in the rental unit right away in order for SMEA to address them immediately.

In consideration for being permitted to participate in activities and events at Schaffer's Mill Golf & Lake Club ("Coordinator"), I for myself my personal representatives, spouse, assigns, estate, heirs and next of kin (collectively "I"):

1. Voluntary Participation: Acknowledge, understand and agree I am participating voluntarily and agree to be completely responsible for my own actions. I further agree to abide by all safety standards, rules and guidelines, which may be imposed by the Coordinator.
2. Acknowledgment and Assumption of Risks: Fully understand that: (a) use involves risks of serious bodily injury, including permanent disability, paralysis and death ("Risks"); (b) these Risks and dangers may be caused by my own actions, or inactions, the actions or inactions of others, the Coordinator, the conditions, or the negligence of the Releases (defined below); (c) there may be other risks and social and economic losses either not known to me or not readily foreseeable at this time; and I fully accept and assume all such Risks and all responsibility for losses, costs and damages I incur as a result.
3. Release: Covenant, promise and agree I will not prosecute or present any claim for personal injury, property damage or wrongful death or any other action against the Coordinator, others, or their respective, officers, trustees, administrators, executors, personal representatives, next of kin or any other representatives ("Releases") and hereby release, waive, discharge, relinquish any action or causes of action, which may hereafter arise from any and all liability, claims, demands, losses or damages on my account caused or alleged to be caused in whole or in part by the negligence or other acts or omissions of the Releases or otherwise, including injuries received or that may have been compounded or increased by negligent operations or procedures of the Releases.
4. Indemnification: Covenant, promise and agree to defend, indemnify and hold the Releases harmless from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorneys’ fees, that arise out of or are in any way related to my involvement or participation.
5. Miscellaneous: Hereby declare I am of lawful age and legally competent to sign this Agreement, I understand the terms herein are contractual and not a mere recital and I have signed this document of my own free will. I further acknowledge, understand and agree that the covenants and releases in this Agreement are intended to be as broad and inclusive as is permitted by the laws of the State of California and if any portion of this Agreement is held invalid, I agree that the balance, notwithstanding, continue in full legal force and effect. If any claim arises, I agree that this Agreement shall be interpreted under the laws of the State of California.

In the case of the Premises including a hot tub or spa, the following additional acknowledgements are made:

Guest is responsible for the safety of their own self, your children (if any), and all guests in your party. Guest acknowledges that the safety of all adults and children depends on the Guest. The Premises’ hot tub/spa is not fenced or gated and there is no alarm on any door to the hot tub area. Guest’s attentive supervision is absolutely required to avoid risk of serious injury and/or death. Hot tubs/spas present serious safety risks and hazards – including injury and death – if not used with attentive care and caution.

By signing this Agreement, Guest is aware of and assumes the risk for yourself, any children, and for all guests or invitees during your stay at the Premises. The Premises, Landlord and owner(s) is/are not responsible for any accidents caused by Guest or any individuals in Guest’s party. Guest agrees to indemnify and hold harmless the Premises, Landlord, owner(s) and agents from any and all liability resulting from harm or injury caused by Guest and all individuals in Guest’s party using the Premises’ spa and equipment.

Guest hereby agrees and accepts the spa may contain necessary chemicals (salt and others) that can cause skin rashes, harm or discoloration of swimwear. Guest and all individuals in Guest’s party including guests and invitees agree they use the spa completely at their own risk.

HOT TUB RULES – There is NO LIFEGUARD on duty at any time. There is absolutely NO diving allowed. (Diving into shallow water can cause serious injury, paralysis or even death.) There is also NO running near or around the spa areas. Please avoid immersion in the spa for prolonged periods of time, warnings exist that suggest it may be dangerous for children, elderly and pregnant people to immerse in hot water (102F +/- several degrees) for longer than very brief amounts of time.

It is the Guest’s responsibility to learn about safety precautions, warning signs of water conditions, and safety procedures concerning swimming in or being around the hot tub/spa. Guest agrees to have a responsible adult supervising minors at all times while they swim in the spa. Guest is hereby notified that the spa can be dangerous, and Guest fully accepts the risks involved. Guest is further notified to be cautious when exiting or entering the spa because the surrounding surfaces may become slippery/icy and present slipping hazards. There are no rails to prevent a fall into the spa or onto the deck. Be careful - the deck and steps can be very slippery/icy. Safety cover must remain closed at all times when the spa is not in use, including when away from the property, at night or when not actively monitored. Violation of these rules, including neglecting to close the spa as indicated, may result in a withholding of your security deposit. High winds may damage the cover, and wild animals have been known to enter spas to warm up.

NO glassware or bottles are allowed in or near the hot tub.

CHILD SAFETY – Never leave a child unsupervised near a hot tub, not even for a second. During social gatherings at or near the spa, appoint a designated adult to protect young children from water accidents. Children must be watched closely while swimming. Do not use floatation devices as a substitute for supervision. Toys can entice young children into the spa area. When not in use, clear the spa area of all toys.

ALCOHOL USE IN SPA – Consuming alcoholic beverages and/or drugs and use of the spa can be dangerous and cause serious health risks. Also, excessive drinking in or near the spa may result in behavior that may cause serious physical accidents including death.

By signing this form, Guest agrees to all terms and conditions of this Hot Tub Rules & Liability Release.

Tenant agrees that Tenant has received and read any such addenda, and that they shall constitute an integral part of this Agreement.

21. Signatures. By filling out the form below, you are agreeing to everything that has been stated above.

SMEA acknowledges and agrees to the terms stated in the above.

I acknowledge that I have read this agreement, fully understand its terms, understand that I have given up substantial rights by signing it, and have signed it freely and without inducement or assurance of any nature and intend it to be a full release of all liability to the greatest extent permitted by law.

Tenants agree to pay all Club fees, charges, any applicable taxes, and any late fees resulting in amounts not paid on a timely basis.

Tenants understand that privileges at the Club may be revoked at the sole discretion of the Club. The temporary membership privileges acquired hereunder shall be issued in the name of:

The following information is REQUIRED to be completed in case of an emergency. The Coordinator reserves the right to contact the emergency contact; such contact may be without the approval of the guest(s).