Vacation Rental Rental Disclaimer

Your signature on this agreement, or payment of money, or taking possession of the property after receipt of this agreement, is evidence of your acceptance of the agreement and your intent to use the property in accordance to the following vacation rental guidelines.  Please take a few minutes to make certain that you understand what we provide and what is expected of you, our tenant, and that of your guest(s). 

 
Crystal Water Villas, Inc., homeowner(s), tenant, and tenant’s guest(s) agree to the following: You, as the reserving tenant, are a mature adult (at least 30 years of age) and will be an occupant of the home during the entire reserved rental period. Other occupants will be family members or friends. If the stay is not family oriented with children or multiple generations, then everyone in the group must be 30 years of age or older. Use of the premises will be denied to any persons not falling within the foregoing categories, and as a result they would have to vacate the property immediately without any refund.

Some properties provide various water toys for the enjoyment of tenants, such as kayaks, paddle boats, paddle boards, lily pads, etc., (hereinafter referred to as “Water Toys”). You and your guests must sign the attached Waiver and Release of Liability and Assumption of Risk Form in order to stay at a property with Water Toys available for use. Additionally, the Water Toys must be used in an appropriate way and for the Water Toys intended purpose.

No keys/access code will be issued to anyone who is not at least 30 years of age and we reserve the right to refuse house access to anyone without proper identification. Children will not be admitted without their parent(s).

You will be responsible for any and all legal fees, and any other expenses, which may result in addition to any right or remedy by law.

[ACCOMMODATIONS:] Each rental home reflects the taste of its Owner(s). Specialty items will vary. If you are renting more than one home, please do not mix the contents or rearrange furniture. Many homes have an Owner(s) locked closet. Tampering with locked closets will result in a charge to the credit card on file.

[PAYMENT METHODS:] Cash, money orders, cashier’s check, personal checks, Visa, MasterCard, Discover, American Express are accepted as forms of rental payment(s). A major credit card is required to hold all reservations. A house deposit is required to reserve the home and the rental balance is due thirty (30) days prior to your arrival. We will send checks through the bank only once. There will be a $50 charge for any checks returned for insufficient funds or account closed, and your reservation will be canceled immediately. All funds must be paid in U.S. currency.

[CABLE /INTERNET/SECURITY SERVICE POLICY:] – Security systems, Internet and TV services are setup for the enjoyment of everyone at the most reasonable costs incurred by the homeowner. Do not tamper with any service setting or contact the service provider to add or increase the level of services provided. Tampering with the service will result in credit card charges for full reimbursement of charges incurred along with a $250 fine for re-establishing initial service settings.

[CANCELATION/REFUND POLICY:] - Cancelations for daily and weekly reservations require fourteen (14) days prior to arrival date notice. Monthly reservation cancelations require thirty (30) days prior to arrival date notice. If a cancelation occurs within 14 days of arrival, or on the day of arrival, no refund will be issued and all funds are forfeited. There is a $50 processing fee for all cancelations. No refunds are given for early departure or inclement weather, unless a mandatory evacuation is issued.

[CHECK IN:] Check in is 4:00 p.m. (central time). Early check in may be available on a limited basis and is restricted to a two hour time frame. To receive details, call and request information on early check in. Added cost is $75.

[CHECK OUT:] Check out is at 11:00 a.m. (central time) and late check out may be available on a limited basis and is restricted to a two hour time frame. To receive details, call and request information on late check out within 24 hours of departure. Added cost is $75.

[CLEANING:] All rentals will include a mandatory cleaning fee upon departure, which prepares the home for the next rental. You and your guests(s) are required to: A) Ensure that the home receives reasonable cleaning during your stay, i.e. vacuuming, sweeping, etc. and prior to departure: B) Wash and put away all dishes/pots/pans/silverware. C) Remove all food from refrigerator and freezer, D) Remove all trash from house and place trash in outside trash container(s) or roll cart(s). E) Leave furniture and other contents in original location and condition, and F) lock all doors and windows. The housecleaner will handle the rest! If excessive cleaning is required due to failure to follow these specified rules, an extra $100 cleaning charge will be applied to the credit card on file.

[CONSTRUCTION:] New construction or remodeling is a part of the Lake of the Ozarks. If your rental property is near construction activity, please be understanding. No refunds or moves will be made.

[CREDIT CARD AUTHORIZATION:] Your signature on this document confirms authorization for CWV to debit the known credit card account (Visa, MasterCard, Discover or American Express) for the initial house deposit, balance of rental charges due upon arrival and/or to reimburse CWV for costs incurred to repair/replace damaged or lost items. Charges to the credit card may include but are not limited to: damages over and above normal wear and tear, theft, smoking violation, phone charges, excessive clean up, excessive trash, unauthorized pets, unreturned keys, lockout charges, unauthorized early check in or late check out, and/or exceeding occupancy limits. If a fee is charged, an email will be sent to you explaining the reason for the additional credit card charges.

[DISTURBANCES:] You and your guest(s) will be required to vacate the premises and forfeit the rental fee for any of the following reasons: A) Using the premises for any illegal activity including, alcoholic beverages by or to persons less than 21 years of age. B) Setting off any form of fireworks on property, decks or docks, C) Causing damage to premises rented or to any of the neighbors’ properties. D) Any other acts which interfere with the neighbors’ right to quiet enjoyment of their property.
Quiet hours are from 11:00 p.m. to 7:00 a.m. If for any reason, CWV staff, our property owners, or law enforcement are notified due to disturbances emanating from the premises, grounds or lakefront, there will be a $500 charge to your credit card per incident.

[ERRORS AND OMISSIONS:] Crystal Water Villas, Inc. has made every effort to provide accurate information in our brochure and web site; however we cannot be held responsible for error, omissions or changes made by owner, or government entities.

[HOLD HARMLESS:] Crystal Water Villas, Inc. does not assume any liability for loss, damage, or injury to persons or their personal property. Neither do we accept liability for any inconvenience arising from any temporary defects or stoppage in supply of water, gas, electricity, or plumbing. Nor will Crystal Water Villas, Inc. accept liability for any loss or damage caused by weather conditions, natural disasters, acts of God, or other reasons beyond its control. Refunds will not be issued for any of the aforementioned items.

[HOUSE PARTIES:] Properties are patrolled/monitored on a regular basis by our staff, owner(s), property neighbor(s), or representatives. We have a right to and will terminate any rental, with no refund, if, in our opinion, the rental is detrimental to the property. Absolutely no house parties (of any kind) are allowed within our homes or on any of the property premises - including decks, swim platforms or boat docks. We reserve the right to refuse occupancy to a suspected house party and evict tenant and guests without refund.

[KEYS & ACCESS CODE:] All properties have a Security System and Keyless entry lock on the front door of the property. You will be provided with an access code one week prior to arrival. For your protection this code is valid for the duration of your stay. If the access code does not work, call us immediately. We can grant temporary access with another code or grant you access to keys found in a lockbox at the property. Access codes will not be issued with a balance due on the reservation or without a signed agreement in Crystal Water Villa’s possession. After 8:00 p.m. key delivery due to lockouts will be charged at $25. Upon departure, please lock the front door and return any keys to the lockbox and return extra keys, remote controls, and garage door openers (if issued) to their initial locations. A replacement fee will be charged for each lost key ($50), remote control ($200) or garage door opener ($200).

[MAINTENANCE/REPAIRS:] All equipment in each home should be in working order. Please report any inoperable equipment to our office promptly (573-372-3555). We will make every reasonable effort to have the problem corrected. Keep plumbing free of toys and other foreign items. Under no circumstances will there be any reduction of rent or refund for any mechanical failure of air conditioning, heating units, dishwasher, washer, dryer, TV, VCR, DVD, blender, toaster, or other appliance. No refunds will be made for disruption of utilities including power, water, cable or dish network. While rare, all pools/hot tubs are subject to temporary closings due to extenuating circumstances. No refunds or rent reduction will be given if this occurs.

[OCCUPANCY LIMITS:] Our occupancy limits are determined by local health laws on homes served by septic systems and well water, and must be adhered. In the description of each property, the maximum number of people the property will accommodate is stated (excluding children under 2 years of age). Occupancy limits apply to occupancy inside and outside of the home. Campers and motor homes cannot be parked on the property for the purpose of extra sleeping. Any violation of the maximum occupancy may be grounds for immediate eviction and subject to an additional fee of $500.

[PETS:] We do have a few properties (INQUIRE WHEN BOOKING) where your pets (limit 2) are welcomed with a nonrefundable $25 per day per pet fee. Pets must be leashed at all times when outside. Waste pick-up and removal is a must. Please bring your pet’s crate, as pets must be crated if unattended. Pets are not allowed on furniture or beds, and wet pets are not allowed in the home. Verification of flea control is required. Any violation of these house pet rules, or pet occupancy in homes that do not permit pets will result in immediate evacuation, and additional cleaning charges ($100). You will be held responsible for damages done by the pet(s). If you prefer to bring a pet and board at the lake, we will gladly try to arrange that for you. State laws with regards to the handicapped owners of pets are honored unless the owner of the property suffer from severe allergies to pets.

[PERSONAL PROPERTY:] We will not be responsible for personal items left behind. We do make every effort to locate and return them to you. We will package and return items for the cost of $25 plus postage.

[PROPERTY CONDITIONS/DAMAGES:] We do expect you to respect our lakefront properties and to leave the property in the same general condition in which it was received. Please report to our office any damages or concerns upon your check in, or as soon as any incident occurs. Once you have checked out our inspectors will ensure that the property has been left in proper order and is damage free for our next tenant and guest(s).

[RESERVATIONS] - Reservations made under false pretense(s) will result in cancellation of reservation(s) and forfeiture of all rental payments and deposits received or processed.

[RIGHT OF ENTRY:] Our staff, the owner(s), and/or our representatives have the right to enter premises during tenancy to inspect, and to make necessary property repairs. If a service call is made and entry is refused, tenant will be held liable for the service call fee.
[SMOKING:] You and your guest(s) understand that smoking is prohibited in all homes, sunrooms, porches and garages. We reserve the right to cancel occupancy, plus charge $500 if smoking is discovered in the home.

[SUBSTITUTION/NON-AVAILABILITY:] We reserve the right to substitute properties. Should the home you reserved become unavailable for any reason whatsoever, CWV will inform you when non-availability is absolutely certain. Every attempt will be made to relocate you and your guest(s) to a comparable home. If you wish to upgrade to another property, you are responsible for costs associated with the rental upgrade. If the owner has not made the property available on the rental dates and in the condition we require, you will receive a rental refund.

[TAXES:] All home rental prices are subject to Missouri state sales & use tax, and county lodging tax. If a property is also within any city limits, additional local taxes may apply. Taxes are subject to change and are assessed on the date of occupancy.

[TELEPHONE USAGE:] Since cell phone service works at most locations, very few properties at the Lake have land lines. Land line telephones must be used for local calls only. To make long distance calls, you and your guest(s) are required to use a credit card, calling card, or call collect. If long distance charges are incurred (excluding calls made directly to our staff), you will be charged $20 in addition to the cost of the phone calls.

[VACATION RENTAL ACCIDENTAL DAMAGE:] We offer a security deposit insurance plan at a cost of $49.00 for your reservation. This plan will cover up to $3,000 in accidental damages during your stay and protects both you and the property owner from accidental damage. Damages should be reported prior to departure or you will be charged upon discovery. Any intentional or negligent damage will be charged to the credit card on file. If you choose to decline the security deposit insurance plan you will be charged a refundable security deposit payable with 14 days of your arrival. Refundable security deposits will be refunded after the departure cleaning and inspection are completed - within 7 days of your departure provided there is no damage to the unit.

This Security Deposit Protection plan covers unintentional damages to the rental unit interior that occur during your stay, provided they are disclosed to management prior to check-out. The policy will pay a maximum benefit of $3,000. Any damages that exceed $3,000 will be charged to the credit card on file. If, during your stay at one of our Rental Properties, an Insured Person causes any damage to real or personal property of the unit as a result of inadvertent acts or omissions, the Insurer will reimburse the Insured for the cost of repair or replacement of such property up to a maximum benefit of $3,000. Certain terms and conditions apply. Full details of the Security Deposit Protection coverage are contained in the Certificate of Insurance or Insurance Policy (www.vacationrentalinsurance.com/10sdi ). The Security Deposit Protection can be purchased up to, and including at, check-in. By submitting payment for this plan, you authorize and request CSA Travel Protection and Insurance Services to pay directly Crystal Water Villas any amount payable under the terms and conditions of the Security Deposit Protection. Please contact Crystal Water Villas directly if you do not wish to participate in this plan or assignment.

[ASSUMPTION OF RISK, RELEASE AND INDEMNIFICATION:] The signer and his/her guests agree to assume all risk for injury, death, or damage to persons or property in any way arising from the rental of an owned or leased Crystal Water Villa or Boat Slip and participation in recreational or other activities on or about the premises and related facilities. Further, said parties hereby release Crystal Water Villas, Inc., its agents and employees from any and all liability for such injuries and/or damages in any way arising out of their use of the premises, related facilities, and Water Toys, and agree to indemnify and hold them harmless from any claims, demands, losses or causes of action arising out of said use. Signer and his/her guests also agree to be responsible for any and all damage to the property owned or leased by Crystal Water Villas, Inc. which in any way arises out of the use of the premises and related facilities by said parties.

THE SIGNER AGREES TO THE INFORMATION ON THE CONFIRMATION NOTICE AND RENTAL DISCLAIMER.
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[Customer Signature]
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[Date]
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[Print Full First Name & Last Name]
List NAMES AND AGES of All Guests Occupying the Property During Your Stay (Must not Exceed Maximum Occupancy of (10). Children 3 or under are not included in the total head count.)
1._____________________________________________ Age ______
2._____________________________________________ Age ______
3._____________________________________________ Age ______
4._____________________________________________ Age ______
5._____________________________________________ Age ______
6._____________________________________________ Age ______
7._____________________________________________ Age ______
8._____________________________________________ Age ______
9._____________________________________________ Age ______
10.____________________________________________ Age ______
11.____________________________________________ Age ______
12.____________________________________________ Age ______


WAIVER AND RELEASE OF LIABILITY AND ASSUMPTION OF RISK

In Consideration of permitting the undersigned adult(s) and the child or children listed below to stay at the property rented by Crystal Water Villa, Inc., (hereinafter referred to as “the Property”) the undersigned adult(s) individually, and as parent(s) or legal guardian(s) of the child or children, acknowledge and agree to the following:

Upon or before check in to the Property, all guests age eighteen and over MUST sign this Waiver and Release of Liability and Assumption of Risk (hereinafter referred to as “Waiver”). To stay at the Property, this Waiver must be signed upon your arrival or brought with you already executed before you are permitted to stay at the Property.

The undersigned understand and represent that each child who is under eighteen (18) years of age and named below is the responsibility of the undersigned while at the Property. By signing this Waiver below, the undersigned includes the child or children below and all such children, whether or not listed below, who may be at the Property with the undersigned and who are under the age of eighteen (18) years of age in all aspects of the Waiver, including all minors under the coverage of this Waiver.

The undersigned agree to assume all risk for injury, death, or damage to persons or property, whether or not caused by the fault, negligence, or carelessness of Crystal Water Villa, Inc., its agents and employees, in any way arising from the use of various water toys available at properties rented by Crystal Water Villa, Inc., including items such as kayaks, paddle boats, paddle boards, lily pads, etc. (hereinafter referred to as “Water Toys”). The undersigned agree that use of Water Toys are at the undersigned’s own risk and that the undersigned assume all responsibilities for any and all aspects of use of the Water Toys. Further, by signing below, the undersigned agree to hereby release Crystal Water Villas, Inc., its agents and employees from any and all liability for such injuries and/or damages in any way arising out of the use by the undersigned of Water Toys and agrees to indemnify and hold harmless Crystal Water Villa, Inc., its agents and employees from any claims, demands, losses or causes of action arising out of said use, including their attorney’s fees.

I HEREBY AGREE TO ALL ASPECTS OF THE ABOVE WAIVER AND RELEASE OF LIABILITY AND ASSUMPTION OF RISK.
Guest 1: ________________________ _____________
              Signature                                   Date
               ________________________
               Print Full Name
Guest 2: ________________________ _____________
              Signature                                   Date
              ________________________
              Print Full Name
Guest 3: ________________________ _____________
              Signature                                  Date
              ________________________
              Print Full Name
Guest 4: ________________________ _____________
              Signature                                  Date
              ________________________
              Print Full Name
Guest 5: ________________________ _____________
              Signature                                  Date
              ________________________
              Print Full Name
Guest 6: ________________________ _____________
              Signature                                  Date
              ________________________
              Print Full Name
Guest 7: ________________________ _____________
              Signature                                  Date
              ________________________
              Print Full Name
Guest 8: ________________________ _____________
              Signature                                  Date
              ________________________
              Print Full Name
Guest 9: ________________________ _____________
              Signature                                  Date
              ________________________
              Print Full Name
Guest 10:________________________ _____________
               Signature                                  Date
               ________________________
               Print Full Name
Guest 11:________________________ _____________
               Signature                                  Date
               ________________________
               Print Full Name
Guest 12:________________________ _____________
               Signature                                  Date
               ________________________
               Print Full Name

Names of Children (under the age of eighteen) staying on the property:
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