Please sign our STVRA
Our guests are required to sign our Short Term Vacation Rental Agreement (STVRA). Please click on the button below labeled (Sign Docusing Document Here) to access the docusign to review and sign. You will be asked to initial each page and sign the final page as well as provide your name, email, photo ID, and bed type selection for the guest bedroom. The docusign process is very easy to use. If you have any questions or concerns please reach out to me (Chad) at info@dakonacondo.com or on my personal cell phone 805-391-3100. Mahalo
Here is a copy of the agreement below:
SHORT TERM VACATION RENTAL AGREEMENT (STVRA)
Beach Villas at Kahalu’u
78-6721 Alii Drive, Kailua Kona, HI 96740
(GE-060-786-3808-01 and TA-060-786-3808-01)
STRV REGISTRATION NUMBER: STRV-19-346951
STRV REGISTRATION NUMBER: STRV-19-360794
DEFINITIONS
Owner is defined as Daymon Chad Merrill and Cassandra Anne Merrill
Renter is defined as YOU the undersigned Renter.
Overnight Guest(s) is defined as any additional adult or child that will be staying in the Condo overnight.
Guest(s) is defined as any persons invited to the Condo or Complex by the Renter or Renter Overnight Guest(s).
Condo is defined as a single two-bedroom two bath condo and lani (patio) owned by Owner located at 78-6721 Alii Drive in Kailua Kona, HI 96740.
Complex is defined as the entire condominium complex where the Condo is located, including the swimming pool area, stairs, walkways, elevator, parking area, and all common areas.
Platform is defined as the online website or portal that Renter used to request renting Condo.
Reservation is defined as the Condo reservation that was made by the Renter on the Platform and approved/accepted by the Owner. If no Platform was used by the Renter to procure the Condo reservation, then Reservation is defined as the Condo reservation that was emailed to the Renter directly from the Owner without the use of a Platform.
AGREEMENT
This short-term vacation rental Agreement is a legal agreement between Owner and Renter for Condo. Renter agrees to review this entire Agreement with any Overnight Guest(s) and or Guest(s). An additional copy of this executed Agreement can be obtained by contacting the Owner by email.
RENTAL TERM: Rental dates and rental term shall be defined in Reservation. This Condo is a short-term rental only. Under no circumstance shall any rental term, rental period or rental dates exceed twenty-six (26) days. No rental request(s), agreement(s), Reservation or confirmation(s) over twenty-six (26) days will be honored or valid.
FEES: All rental charges, deposit amounts, cleaning fees and any other rental fees and rental charges will be detailed in the Reservation.
PAYMENT DUE/PAYMENT TERMS: All rental monies are due according to the terms disclosed on Reservation.
OVERNIGHT GUEST(S) and GUEST(S): Renter shall only allow Overnight Guest(s) if they were indicated on the Reservation as an adult or child staying in the Condo. No Overnight Guest(s) will be allowed if they were not indicated and accounted for on the Reservation. In NO case shall Renter allow more than Four (4) Overnight Guest(s).
Guest(s) are only allowed in the Condo or Complex if they are invited by the Renter. Guest(s) are not allowed overnight and must not be present in the Condo and Complex between the hours of 10:00pm and 8:00am.
No Overnight Guest(s) or Guest(s) shall be left in the Condo or Complex unaccompanied by Renter. Renter agrees to ensure Renter, Overnight Guests(s) and Guest(s) all adhere to all provisions of this Agreement and any Condo Rules, House Rules, local ordinances, local laws, state laws and or federal laws. Renter, Overnight Guests(s) and Guest(s) agree to indemnify, defend, and hold harmless the Owner and their representatives, successors, employees and contractors from any liability or damages caused by Renter, Overnight Guest(s) or Guest(s).
OCCUPANCY: Renter agrees to occupy the Condo for the entire duration of the rental period. Only Renter and Overnight Guest(s) are allowed to stay overnight in Condo. The maximum occupancy for Renter and Overnight Guest(s) is five (5) people total. Renter may only invite Guest(s) into the Condo and Complex between the hours of 8:00am and 10:00pm. Under no circumstances shall there ever be more than six (6) people in the Condo or Complex at any time. Persons that are not the Renter, Overnight Guest(s) or Guest(s) are not allowed in the Condo or Complex unless they have written permission from the Owner or Owner representative. Renter shall not allow any minor(s) under the age of 18 in the Condo or Complex unsupervised by Renter. Renter shall not allow Guest(s) in Condo or Complex unsupervised by Renter. Under no circumstances shall any persons under the age of 18 years old be left in the Condo or Complex unsupervised by Renter. At all times, all minors under the age of 18 years old must be supervised by Renter. Renter, Overnight Guests(s) and Guest(s) understand and agree to comply with all occupancy terms and provisions.
CANCELLATION: All cancellation policies are according to the terms disclosed on the Reservation and/or as indicated in this Agreement. Cancellation of Reservation by Renter must be done in accordance with the cancellation terms of the Reservation and or Platform (if applicable). Owner reserves the right to cancel this Reservation and or this Agreement at any time. In the event Owner cancels this Reservation prior to check-in date, Owner shall authorize Platform to refund Renter any monies due Owner as per Renter’s Reservation. Under no circumstance shall Owner refund any monies that were not paid to Owner or have not been paid to Owner.
CONDITION OF CONDO: The Condo is provided to Renter, Overnight Guests(s) and Guest(s) in “as is” condition. Owner has, to the best of their ability, given an accurate description of the Condo and its condition. The failure of operation of any amenity is not a basis for any cancellation or refund. Owner will make every effort to have these items repaired but does not guarantee that they will be repaired during Renter occupancy. If Renter finds upon arrival that the Condo has not been cleaned to normal standards or that there is something not operational, Renter agrees to notify the Owner within 1 hour of checking in or discovering said deficiency. Owner will do their best to have a someone attend to the issue(s) but may not be able to fix everything over holidays and weekends. To the maximum extent permitted by law, Renter, Overnight Guests(s) and Guest(s) agree to use the Condo and Complex at their own risk and to hold the Owner harmless from any liability for the condition of the Condo and/or the Condo Complex. Renter, Overnight Guests(s) and Guest(s) shall use the Condo for residential purposes only and in a careful manner to prevent any damage or loss to the Condo and Complex and keep the Condo and Complex in a clean and sanitary condition at all times. Owner is not responsible for the condition of any part of the Complex other than the Condo.
NO PERMANENT RESIDENCE. Renter, Overnight Guest(s) and Guest(s) agree that use of the Condo is on a temporary and transient basis as indicated on the Reservation and in this Agreement but by no means more than twenty-six (26) days; NO persons including but not limited to Renter, Overnight Guests(s) and Guest(s) may use the Condo as a permanent residence. Renter, Overnight Guests(s) and Guest(s) agree that their respective permanent residence is and will remain elsewhere other than at the Condo or Complex.
LOCAL CONTACT: Owner has a local contact that lives on the Big Island of Hawaii and can try and help you with any complaint or need you may have. Renter, Overnight Guests(s) and Guest(s) understand the local contact person is subject to change.
CLEANING & REPAIRS: There is a one-time cleaning service, after checkout, at the end of the Renter stay. There is no daily cleaning service. All cleaning fees and charges are according to the terms disclosed on Reservation. Renter will be charged for any excessive cleaning as a result of Renter, Overnight Guests(s) and Guest(s) negligence. Renter, Overnight Guests(s) and Guest(s) agree to keep Condo, Condo furniture, all Condo furnishings, and the Complex in good condition/order. Removing, adding or changing furniture without Owner’s written approval shall be deemed a material breach of this Agreement, and is strictly prohibited. Renter is responsible for the cost of replacing any damaged or missing items in the Condo or at the Complex.
LINEN SERVICE POLICY: There is no daily linen service. The Condo is provided with pillows, linens, blankets, towels, kitchen towels, comforters, hand towels & wash cloths including extras located in closets. It is standard for beds to be made for Renter arrival as part of the linen and cleaning service. The Condo is provided with a starter set of toilet paper, paper towels, laundry detergent and soaps. Renter may need to replenish their own paper goods, toiletries, soaps, and laundry detergent, etc. If you have a question about this starter set or replenishment, please contact Owner’s local contact person as she is very accommodating.
ENTRY OF CONDO: Renter understands that entry into the Condo is primarily electronic by punching in an access code into an electronic entry system. Under certain circumstances, Owner or Owner’s representative may need access to the Condo during Renter stay. Such circumstances include but are not limited to repair and maintenance of the Condo such as HOA pest spraying and HOA dryer vent maintenance. Owner will try and provide notice of any such daytime access/entries prior to the check-in date but not less than 72 hours before access/entry is needed. Owner will do their best to try and limit any inconvenience to Renter with such access. In emergency situations, health and safety situations, and or situations of great property loss, Renter, Overnight Guests(s) and Guest(s) consent to Owner or Owner representative entering the Condo without advanced notice. Such situations include but are not limited to strange or dangerous smells, excessive loud noise, water leaks, damage to the Condo, illegal activity, and concerns over the health or welfare of anyone inside or outside the Condo.
DAMAGE TO CONDO: Renter agrees to be completely responsible for any and all damage to the Condo and Complex caused by Renter, Overnight Guest(s) and Guest(s), whether accidental or due to Renter, Overnight Guest(s), or Guest(s) negligence. Renter agrees to immediately report any damage to the Condo, Condo furnishings, or Complex to the Owner and Owner’s local contact person. Renter, Overnight Guests(s) and Guest(s) also agree to cooperate and assist Owner in filing any insurance claims Owner deems necessary.
USE OF EXTRAS: Owner will make an effort to make available to Renter some extras including beach towels, beach chairs, boogie board(s), and beach umbrella. Renter assumes all liability for using any extra items and releases, indemnifies and holds Owner harmless of any liability, or damages caused by using any extra items. Owner does not guarantee the number of extra items that will be available during your stay. Previous people/renters may also leave miscellaneous items such as but not limited to spices, seasoning, sun-tan lotions, soaps, detergents, health care products and other items in the condo. Due to Covid-19 and other concerns, Renter, Overnight Guest(s) and Guest(s) agree to use these items at their own risk. If Renter, Overnight Guest(s) and or Guest(s) would like any of these item(s) removed from the Condo, please contact our contact person and ask her to remove them. Renter, Overnight Guests(s) and Guest(s) agree to indemnify and hold Owner harmless from any claims or damages relating to the sanitation, freshness, age, expiration date or safety of any item(s) in Condo. Please inspect all products for expiration dates, item tampering or opening, and safety/usage directions before you touch, ingest or use any item(s) in the Condo. Please inspect all items at a safe distance for any allergies Renter, Overnight Guest(s) and or Guest(s) may have. Please keep all dangerous items out of reach from children. Renter agrees to assume all liability for their themselves, Overnight Guest(s) and Guest(s) ingesting, coming into contact and or using any item(s) in the condo. Renter, Overnight Guests(s) and Guest(s) agree to release, indemnify and hold harmless the Owner for any liability, or damages regarding Renter, Overnight Guest(s) and Guest(s) use, presence or ingestion of any item(s) in the Condo or Complex. Please keep alcohol out of the hands of minors. No underage drinking is allowed in the Condo or at the Complex.
POOL AND BBQ AREA: NO lifeguard is on duty or present at the pool and BBQ area. There is only one gate allowing entry (ingress) and exit (egress) to and from the pool and BBQ area through a single locked gate. Renter will need to unlock this pool/BBQ gate (with the pool key) to enter the pool and BBQ area. Renter will also need to unlock this pool/BBQ gate (with the pool key) to exit the pool/BBQ area. Please carry the pool gate key with you at all times when accessing the pool/BBQ area in order to enter and exit the pool/BBQ area safely. All Overnight Guest(s) and Guest(s) are required to be accompanied by Renter at all times when in the pool/BBQ area. No children under the age of 18 are allowed to be in the pool/BBQ area without an adult Renter present. Renter can only have a maximum of two (2) total Guest(s), but not more than six (6) people total (Renter, Overnight Guest(s) and or Guest(s)) are allowed in the pool/BBQ area. Renter, Overnight Guests(s) and Guest(s) agree to follow all pool/BBQ area rules, House Rules and Complex Rules. Renter, Overnight Guests(s) and Guest(s) agree to enter the pool/BBQ area through the locked gate at their own risk. No one should swim alone. Accordingly, persons using the Pool or Jacuzzi or BBQ do so at their own risk and the Owner assumes no responsibility for any accident or injury or death. Renter, Overnight Guests(s) and Guest(s) agree to only use the pool and BBQ at their own risk and only if they can swim, are familiar with pool safety, and can properly use/operate a propane BBQ safely. Persons under the age of 18 are not allowed to use/operate the BBQ. Renter agrees to be responsible for the safety of themselves, Overnight Guest(s) and Guest(s) at all times with regards to the pool, pool area, BBQ, BBQ area, and operation of the BBQ. Renter, Overnight Guests(s) and Guest(s) agree to Indemnify and hold harmless Owner from any and all liability and or damages associated with usin
g the pool, pool area, BBQ and BBQ area.
SIDE GATE: There is a side gate located on Makolea St. This gate is normally locked. You can use your pool key to access both entry (ingress) and exit (egress) to and from the complex and Makolea St. This gate might be convenient to use if you are coming back from the beach and would like to shower before going to the Condo. There is an outdoor shower conveniently located next to the stairs leading up to the parking lot. Your pool key is required to unlock this side gate both on ingress and egress. Please have this pool key with you at all times in order to enter and exit this side gate safely. Renter, Overnight Guests(s) and Guest(s) agree to use this locked gate at their own risk. Renter agrees to be responsible for the safety of themselves, Overnight Guest(s) and or Guest(s) with regards to any gates. Renter, Overnight Guests(s) and Guest(s) agree and to Indemnify and hold harmless Owner from any and all liability and or damages associated with any side gate or pool gate.
OWNER CLOSET (STORAGE): Renter, Overnight Guests(s) and Guest(s) understand and agree that there is an Owner closet (storage unit) outside and adjacent to the front of the Condo that is only accessible from outside of the Condo. Renter understands and agrees Renter will NOT have access to Owner closet or anything inside Owner closet. Renter agrees NOT to enter nor allow any Overnight Guest(s) and or Guest(s) to enter Owner closet. Renter understands and agrees that Owner and or any Owner representative may access Owner closet at any time.
CHILD PROOFING: Renter, Overnight Guests(s) and Guest(s) understand that Condo and Complex may not be child proof. Renter, Overnight Guests(s) and Guest(s) agree to accept the liability and risk of harm to any child or children of Renter, Overnight Guest(s) and or Guest(s) while in the Condo and at the Complex. These risks include but are NOT limited to, falls, access to the ocean, pool, Jacuzzi, parking lot, gates, fencing, Condo, Complex, elevator, adjacent streets, stairs, furniture, glass windows and doors, patio lanai, electrical outlets, stove top, oven, refrigerator, appliances, toilets, showers, cleaning supplies, foods, bathroom products, soaps, laundry detergents, dishwasher detergents, chemicals, sun tan lotions, first aid products, Condo extras, lotions, bug or animal bites, infectious diseases and plants in the Condo or on or off the Complex that might be poisonous or allergenic. Renter, Overnight Guests(s) and Guest(s) shall exercise extreme care in supervising children under the age of 18 in the Condo or Complex. Renter, Overnight Guests(s) and Guest(s) shall exercise additional care in supervising children and adults on the Lani (patio) to prevent anyone from falling over the side, glass barrier, or railing of the Lani (patio). Renter, Overnight Guests(s) and Guest(s) agree to not allow any child or adult to stand on or play on any Lanai (patio) chair, table or furniture as this may cause an increased risk of falling off the Lanai or death.
MISSING OR DAMAGED ITEMS: Renter will be charged for any missing or damaged items in the Condo. The cleaning service performs an inventory/survey of the Condo before and after Renter departs and notifies the Owner of any missing items.
PERSONAL PROPERTY: Renter, Overnight Guests(s) and Guest(s) understand that any personal property of the Renter, Overnight Guest(s) and or Guest(s) are not insured by Owner and Owner shall not be responsible for any lost, stolen or missing property of the Renter, Overnight Guest(s) and or Guest(s). Any personal property left by the Renter, Overnight Guest(s) and or Guest(s) will be removed after checkout.
CONDITIONS OUTSIDE THE COMPLEX: Renter, Overnight Guests(s) and Guest(s) understand that Owner has no control over any condition(s) outside the Condo or Complex, including but not limited to the surrounding neighborhood the nearby beach, condition(s) of any beach, surf and or weather and Owner cannot be held liable for any changes to beach, surf and or weather conditions or any beach or area closure as ordered by any official agency. Renter, Overnight Guests(s) and Guest(s) agree and is aware that there are animals of prey in the ocean and that the ocean can have dangerous waves, tides and currents. Renter, Overnight Guest(s) and Guest(s) agree to use areas outside Condo and Complex, including but not limited to the ocean and beaches, at their own risk. Condo is not located in a gated community or on a resort property. Renter, Overnight Guests(s) and Guest(s) understand Condo is subject to normal Hawaiian neighborhood activities such as but not limited to children playing, school bus picking up children, traffic noises, ocean noises, bird and other wildlife noises, gatherings at the beach and common neighborhood noises.
CONDUCT AND HOUSE RULES: Please be aware this is NOT a party or event Condo. Parties, events and or gatherings are not allowed at any time. Renter, Overnight Guests(s) and Guest(s) understand and agree that any parties, events or gatherings shall be subject to immediate reservation/stay cancelation, immediate eviction, and no refund. Renter agrees not to rent Condo on behalf of ANY other person(s) other than themselves. Quiet hours shall be from 9:00pm to 8:00am or as posted inside condo. No sound(s) should be audible beyond the Condo interior boundaries during quiet hours. Sound that is audible beyond the Condo interior boundaries during all other hours shall not be more excessive than would be otherwise associated with a residential area. Renter agrees to read, familiarize themselves and follow all House Rules and all HOA House Rules and all check-out instructions. Renter also agrees to have Overnight Guest(s) and or Guest(s) read, familiarize themselves and follow all House Rules and all HOA House Rules and all check-out instructions. House Rules and HOA House Rules and check-out instructions are available upon request.
Renter agrees to accept all responsibility for any fines or fees levied on the Owner by the County, Police Department, Civil Defense Agency, HOA or any other authorized agency as a result of the behavior or actions of Renter, Overnight Guest(s) and or Guest(s). Renter, Overnight Guests(s) and Guest(s) agree to hold Owner harmless and indemnify Owner for any damages the Owner suffers as a result of Renter, Overnight Guest(s) and or Guest(s) violating any provisions of the House Rules, HOA House Rules, quiet and non-quiet hour provisions, county ordinances/laws, state ordinances/laws or federal ordinances/laws. Please respect our House Rules, HOA House rules, quiet and non-quiet hours and any county, state or federal ordinances and laws. Mahalo!
SMOKING AND PETS: This is a NON-SMOKING and NON-VAPING Condo. There is ABSOLUTELY NO SMOKING OR VAPING ALLOWED IN THE CONDO, ON THE LANAI (patio), STAIRWAYS, HALLWAYS OR ELEVATOR. Evidence of smoking, such as the smell of smoke inside the Condo or outside on the Lanai (patio) by the cleaning crew is sufficient basis to evict the Renter, Overnight Guest(s) and Guest(s) with no refund and charge the Renter for deep cleaning all walls, curtains, bedding, carpets , AC ducts, filters and furniture. This type of clean-up is very expensive. Renter agrees to be liable for all damages and pay for all cleaning and deep cleaning costs incurred by Owner as a result of Renter, Overnight Guest(s) or Guest(s) smoking in the Condo or on the Lanai (patio) or in any other unauthorized area. Please do not smoke or vape ANYWHERE in the Condo, on the Lanai (patio), stairways, hallways, elevator, close to any other condo, close to any other condo lanai, pool area or building. Thank you. Unless otherwise mandated by law the Condo has a NO pet(s) policy. Unless otherwise mandated by law allowing any pet(s) into the Condo is prohibited and may result in Renter, Overnight Guest(s) and Guest(s) being evicted without a r
efund, deposits retained, and an additional deep cleaning fee may be charged to the Renter. Renter agrees to be held liable for ALL damages caused by any pet(s), Service Animals and or any other Assistance Animals. Renter, Overnight Guests(s) and Guest(s) agree to indemnify Owner and hold Owner harmless for any liability, damages or costs associated with any pet(s), Service Animals and or Assistance Animals of any kind.
ACCESSIBLITY OF CONDO AND COMPLEX: Renter, Overnight Guests(s) and Guest(s) understand and acknowledge that Condo and Complex may not have adequate access for persons with disabilities including but not limited to wheelchairs. Certain areas of the Condo and Complex including but not limited to the kitchen areas, living areas, hallways, bathrooms, Lanai (patio), parking and pool areas may be difficult or impossible to access and or use for Renter, Overnight Guest(s) and Guest(s) with disabilities. Renter, Overnight Guests(s) and Guest(s) agree to indemnify Owner and hold Owner harmless for any liability, damages or costs associated with the accessibility of the Condo or Complex.
PARKING: A single standard size Renter vehicle may be parked in the designated onsite parking area. Parking is limited to one (1) vehicle per Condo. Renter parking spaces are not assigned and are occupied on a first come first serve basis. All other Overnight Guest(s) and Guest(s) vehicles shall be parked off site. Renter shall secure their vehicle at all times. Oversized vehicles, trailers, motorhomes, and vehicles not fitting in the designated parking lot stalls are prohibited. Renter is liable and responsible for any damage they or their Overnight Guest(s) and or Guest(s) cause to any vehicle in the Complex or anything in the Complex parking area. Renter, Overnight Guests(s) and Guest(s) agree to indemnify Owner and hold Owner harmless for any liability, damages or costs associated with any vehicle(s), personal property, and or anything in the Complex or parking area.
ASSIGNMENT OR SUBLETTING: Renter, Overnight Guests(s) and Guest(s) agree NOT to assign, or let be assigned any portion of the Condo, pool or Complex. Renter, Overnight Guests(s) and Guest(s) agree NOT to sublease or let be subleased any portion of the Condo, pool or Complex. Renter, Overnight Guests(s) and Guest(s) agree NOT to permit the use of any portion of the Condo, pool or Complex to others who are not Overnight Guest(s) and or Guest(s) as allowed by this Agreement.
CHECK-IN & CHECK-OUT: Check-in is self check-in. Check-out is self check-out. Check-in is any time after 4:00 PM HST. Check-out is any time before 10:00 AM HST. The Check-in time and check-out times are strictly enforced. Upon check-out day and after check-out time, if any Renter, Overnight Guest(s) or Guest(s) possessions are left in the Condo, cleaning crews will collect said possessions and remove them from the Condo in order to prepare the unit for incoming new occupant(s). Please check-in and check-out promptly according to check-in and check-out times above. The cleaning crews may have a very short time window to prepare the unit for new occupants. Renter is responsible to complete all of the check-out procedures as are posted in the Condo AND in the Check-in package that Renter receives prior to Check-in. This includes but is not limited to putting all keys in the designated areas and locking the Condo upon departure. Renter agrees to be responsible for insuring themselves, Overnight Guest(s) and or Guest(s) and all their respective personal belongings and vehicles are out of the Condo and off the Complex by the check-out date according to the Reservation and by the check-out time above.
HOLDING OVER: Because of the nature of Owner business (short term vacation rentals), Renter, Overnight Guests(s) and Guest(s) understand and agree, and are hereby put on notice that any unauthorized "holding over" of the Condo past the rental term could severely jeopardize Owner business and cause loss of rental income from other previous bookings, temporary and/or permanent loss of business, goodwill and reputation and, among other things, could force Owner to breach an agreement with similar short term vacation rental occupants who may have reservations during Renter unauthorized "holding over" period. If a “holding over” by Renter, Overnight Guest(s) or Guest(s) occurs, Owner may be legally liable for damages to said other occupants. Renter, Overnight Guests(s) and Guest(s) should be aware that unauthorized "holding over" has been construed as a factor in establishing "malicious continuing occupation" of a property, which may entitle Owner to treble damages in any unlawful detained action. Renter, Overnight Guests(s) and Guest(s) also recognizes the unauthorized "holding over" could be grounds in court as a cause of action for intentionally interfering with Owner prospective business advantage.
RELATIONSHIP AND REMEDIES: This is a SHORT-TERM vacation rental Condo. No rental agreement will be accepted for rentals over 26 days. Renter acknowledges and agrees that it is specifically agreed and understood that the relationship between the parties herein shall be deemed to be that of a short term vacation rental relationship and that of a proprietor and lodger (Renter), and NOT any landlord and tenant relationship. Renter specifically waives and makes inapplicable to this lodging, any legal provisions for any relationship other than that of a SHORT-TERM vacation rental relationship. In the event of a default to this Agreement, particularly, but not limited to Renter, Overnight Guest(s) and or Guest(s) unauthorized "holding over" or those acts mentioned above and below in this Agreement, and in addition to all other rights and remedies Owner or Owners representative may have by law, Owner and Owners representative shall have the option as the Law may hereinafter provide, to evict the Renter, Overnight Guest(s) and or Guest(s) and enter the Condo to remove all Renter, Overnight Guest(s) and or Guest(s) property. In such an instance, Owner shall be entitled to otherwise recover all damages allowable under the Law. The Renter, as part of the considerations of this rental, in recognition that this Condo is booked in advance by other persons throughout the year, hereby waives all claims for damages that might be caused by Owner or Owner representative; entry and taking possession of Condo or removing or storing property as herein provided, and will hold Owner and Owner representative harmless from loss, costs and damages occasioned thereof, and no such entry shall be considered or construed to be a forcible entry as defined in any of the Hawaii Rules of Civil Procedure, Code, or any other applicable similar statutory provisions. Renter agrees to indemnify Owner and hold Owner harmless for any liability, damages or costs associated with any provision of this Relationship and Remedies provision and this Agreement.
REVIEWS AND PUBLIC COMMENTS: It is the intent and hope of the Owner for Renter to have a wonderful stay in the Condo. If you have any problems with the Condo, please give our local contact person and Owner a chance to fix it, before posting a review. We want you to have a great stay, and we will try our very best to ensure you do. All Renter reviews and statements shall be fair and a true recollection of event(s). Renter agrees to contact Owner and give Owner an opportunity to correct or deal with any issue before the Renter makes or submits any review(s) or public comment(s).
COVID-19/CORONAVIRUS UNDERSTANDING: Renter, Overnight Guest(s) and Guest(s) understand the Coronavirus (COVID-19) is a worldwide risk to human health. COVID-19 is highly contagious, has a high mortality rate compared to many other illnesses and can spread easily. While people of all ages are at risk of catching COVID-19, persons with compromised immune systems and older persons may be at particular risk. Renter, Overni
ght Guest(s) and Guest(s) is voluntarily traveling to and entering Condo and Complex.
Renter, Overnight Guest(s) and Guest(s) understand that traveling to Hawaii and staying in any transient rental accommodation may have risks of exposing Renter, Overnight Guest(s) and Guest(s) or others to Covid-19. Renter, Overnight Guest(s) and Guest(s) understand and agree that there may be occupants previously occupying the condo and or checking out of Condo the same day you are checking in, and Owners do not require any vacant Condo time in between rental reservations. Renter, Overnight Guest(s) and Guest(s) understand and agree that Renter, Overnight Guest(s) and Guest(s) will not be notified of any known or unknown Covid-19 exposure(s) in or around Condo or Complex.
Renter, Overnight Guest(s) and Guest(s) understand and agree that no one, including but not limited to Owner and Owner’s representatives, can guarantee that Renter, Overnight Guest(s) and Guest(s) or anyone in Renter party or visitors will not be exposed to or will not contract COVID-19 during their trip to Hawaii and stay in the Condo. Renter, Overnight Guest(s) and Guest(s) agree to assume all risk and liability for themselves, others, their entire party and any visitors as it pertains to any issues relating to COVID-19 and their visit to Hawaii and Condo.
Renter, Overnight Guest(s) and Guest(s) agree to research all local, county, state and federal laws regarding Covid-19 and traveling to and from Hawaii and Hawaii County. Renter agrees to follow and have all Overnight Guest(s) and or Guest(s) follow all local, county, state, federal and Centers for Disease Control and Prevention (CDC) guidelines, quarantine(s), ordinances and laws with regards to COVID-19 and helping prevent the spread of COVID-19. Renter, Overnight Guests(s) and Guest(s) shall Indemnify and hold Owner harmless for any damages, liability, fines or costs incurred by the Owner as a result of Renter, Overnight Guest(s) or Guest(s) not following and or not adhering to any and all local, county state, federal and CDC guidelines, ordinances and or laws.
Renter, Overnight Guest(s) and Guest(s) understand and agree that the Federal government or State of Hawaii or County of Hawaii may at any time change their guidance, rules, orders, proclamations and or laws with regards to Covid-19 and our Condo. Renter, Overnight Guest(s) and Guest(s) understand and agree that if the Federal government, State of Hawaii or the County of Hawaii or any other governing body make it unlawful for Owner to rent Condo, Owner may cancel Renter Reservation and terminate this Agreement.
CHANGING RENTAL LAWS AND ORDINANCES OR CHANGE OF OWNERSHIP: Renter, Overnight Guests(s) and Guest(s) understand that local, state and federal vacation rental laws and or ordinances or orders may change. If at any point any local, state or federal law, ordinance or order prohibits the Owners from renting the Condo, the Renter Reservation and this Agreement may be cancelled by the Owner at any time. In the event Owner cancels Renter Reservation or Renter booking due to any changing rental law or ordinance, the Owner shall refund Renter any monies received by Platform or received from Renter. Renter, Overnight Guests(s) and Guest(s) hereby agree to indemnify and hold harmless Owner and their representatives, successors, employees and contractors from and against any costs, damages, liabilities, claims, legal fees and other actions for any damages, costs, attorneys fees incurred by Renter, Overnight Guest(s) and or Guest(s) due to any claims relating to the cancelation of the Reservation or the cancelation of this Agreement due to changing vacation rental laws, ordinances, local orders, state orders, and or federal orders. If the Owner decides to sell the Condo or change Ownership of the Condo then Renter, Overnight Guests(s) and Guest(s) understand and agree that the Owner has the right at any time to cancel this Agreement and or Reservation for the Condo. In the event Owner cancels Renter Reservation or this Agreement due to the Condo going up for sale, going into escrow, being sold, or changing ownership, the Owner shall refund Renter any monies received by Platform or received from Renter. If Renter chooses to execute a new rental agreement, new reservation or new booking with any other new Condo owner, Owner shall not be responsible or liable for any new agreement, new reservation, new booking, or any aspect of the Renter, Overnight Guest(s) and Guest(s) stay, reservation or booking. If the condo is sold or changes ownership this Agreement is null and void and Renter, Overnight Guests(s) and Guest(s) agree to indemnify Owner and hold Owner harmless for any liability, damages or costs associated with Condo, Complex, this Agreement, or any future agreements relating to Condo or Complex.
ATTORNEYS FEE AND OR DEFAULT: If Renter, Overnight Guests(s) or Guest(s) should fail to comply with the conditions and obligations of this Agreement, Renter, Overnight Guests(s) and Guest(s) shall surrender the Condo, remove themselves, Overnight Guest(s) and or Guest(s) and remove all Renter, Overnight Guest(s) and or Guest(s) property and belongings and leave the Condo in good order and free of damage. No refund of any portion of the Condo Reservation rental fee(s) shall be made. If any legal action or proceeding including but not limited to default, non-payments, or breach of contract arise out of or related to this Agreement is brought by either Renter or Owner, the prevailing party shall be entitled to receive from the other party, in addition to all other relief that may be granted, the reasonable attorney's fees, costs and expenses incurred in the action or proceeding by the prevailing party.
RISK OF LOSS: Renter, Overnight Guest(s) and Guest(s) agree that all personal property, furnishings, personal affects and other items brought into the Condo by Renter, Overnight Guest(s) or Guest(s) shall be at the sole risk of Renter with regard to any theft, damage, destruction or other loss and Owner shall not be responsible or liable for any reason.
RELEASE: Renter, Overnight Guest(s) and Guest(s) hereby waive and release any claims against the Owner and their successors, assigns, employees or representatives, officially or otherwise, for any injuries or death or damages that may be sustained by Renter, Overnight Guest(s) and or Guest(s) on or near or adjacent to the Condo or Complex including but not limited to any common facilities, activities, or amenities. Renter, Overnight Guest(s) and Guest(s) agree to use Condo, Complex and any such facilities or amenities entirely at the Renter, Overnight Guest(s) and Guest(s) own initiative, risk and responsibility. Renter, Overnight Guest(s) and Guest(s) hereby waive and release any claims against the Owner and their successors, assigns, employees or representatives, officially or otherwise, for any injuries or death or damages that may be sustained by Renter, Overnight Guest(s) and or Guest(s) relating to any recommendations and or referrals given to the Renter, Overnight Guest(s) and or Guest(s) by the Owner or any Owner representative. Renter, Overnight Guest(s) and Guest(s) agree to do their own independent research when it comes to information and referrals given to Renter, Overnight Guest(s) and or Guest(s) by Owner and or Owner representative. Renter, Overnight Guest(s) and Guest(s) agree to indemnify Owner and Owner representative and hold Owner and Owner representative harmless for any liability, damages or costs associated with any information or recommendations made to or received by Renter, Overnight Guest(s) and or Guest(s).
PRIOR AGREEMENTS: With the exception of the Reservation and any Platform agreements, this Agreement contains the entire agreement between the parties and supersedes any and all prior written and/or oral agreements. This Agreement may be altered or modified only in writing signed by the
Owner and Renter. If there is any discrepancy between terms of the Reservation, Platform agreement(s), any other agreements, and this Agreement, this Agreement shall control.
FORUM SELECTION, JURISDICTION, LAW AND VENUE: Renter and Owner agree that this Agreement shall be construed and interpreted pursuant to the laws of the State of Hawaii and that such law shall apply in any proceeding arising out of this Agreement. Any action arising under this Agreement shall be filed in Hawaii County, Hawaii.
LIMITATION OF LIABILITY: To the maximum extent permitted by law, in no case shall Owner, nor Owner affiliates or Owner representatives, nor Owner respective officers, directors, employees, agents, or other owners, be liable for any direct or indirect, incidental, consequential, special, or exemplary damages, or for any damages for personal or bodily injury, illness or disease, emotional distress, or damage to property, arising out of or in connection with your stay at the Condo or Complex. This limitation applies to all claims for damages whether based on a theory of warranty, contract, tort (including ordinary negligence), strict liability, or otherwise, even if Owner has been advised of the possibility of such damage and even if the limited remedy set forth herein is found to have failed of its essential purpose. Renter, Overnight Guest(s) and Guest(s) understand and agree that the Owner is not responsible for any personal injury caused by slipping on wet pavement or surfaces, and that Renter, Overnight Guest(s) and Guest(s) are responsible for exercising care when surfaces are wet or slippery due to weather or any other causes, and further, that the Owner is not responsible for any injuries to Renter, Overnight Guest(s) and or Guest(s) or loss or damage to Renter, Overnight Guest(s) and or Guest(s) property caused directly or indirectly from but not limited to inclement weather conditions, Acts of God or nature, failure of heat, excess of heat, volcanic eruption, volcanic air pollution (VOG), accidents related to fire, heaters, stoves, utilities, Renter, Overnight Guest(s) and or Guest(s) failure to take adequate precautions, theft, unforeseeable circumstances or any other circumstances unknown and or out of the control of Owner. Under no circumstances will Renter, Overnight Guest(s) and or Guest(s) hold the Owner or Owners representative responsible for any damages or claims of any kind resulting from their stay, except for intentional acts of harm.
INFORMATION, PRIVACY AND CONTACTING RENTER: Renter, Overnight Guest(s) and Guest(s) agree any documents and or information provided by Renter, Overnight Guest(s) and or Guest(s) and or Platform may be shared with the Owner, Owner representatives, Renter, Overnight Guest(s) and or Guest(s) associated with this Agreement. Renter, Overnight Guest(s) and Guest(s) agree and give permission and consent for Owner and or any Owner representative to contact Renter, Overnight Guest(s) and Guest(s) at any time via mail, telephone, mobile phone, texting, SMS/MMS, automated dialing and or pre-recorded messaging and/or email or any other types of communication.
ADDITIONAL DISCLAIMER(S): One of the Condo Owners may be Cassandra Anne Merrill who is a licensed Real Estate agent, Realtor and Broker in the state of California BUT is only acting in the capacity of a “principal” (owner) as it relates to this Agreement and NOT in the capacity of a licensed Real Estate agent, Realtor or Broker. Daymon Chad Merrill is not a real estate agent, Realtor, or Broker in any state and is only acting in the capacity of a “principal” (owner). Owner is only renting Condo as a “principal” (owner of the Condo), and not in the capacity of a Realtor, Real Estate agent or Broker of any state. Renter, Overnight Guest(s) and Guest(s) understand and agree that no real estate related representation, no agency relationship, no fiduciary duties and no answers to any real estate related questions has been or will be provided by Daymon Chad Merrill or Cassandra Anne Merrill. Renter, Overnight Guest(s) and or Guest(s) understand and agree that Daymon Chad Merrill and Cassandra Anne Merrill have NOT and will NOT be involved or acting in the capacity of a real estate agent, Realtor or Broker in this Agreement or transaction. If Renter, Overnight Guest(s) and or Guest(s) desire real estate related services, real estate advice and or real estate agent representation, Renter, Overnight Guest(s) and Guest(s) agree to seek ALL real estate related services, advice, and representation from a licensed Hawaii real estate professional. Renter, Overnight Guest(s) and Guest(s) understand and agree that Owners Daymon Chad Merrill and Cassandra Anne Merrill are NOT attorneys and are NOT offering any legal advice or professional advice. If Renter, Overnight Guest(s) and or Guest(s) desire legal services, legal advice, legal representation or professional advice, Renter, Overnight Guest(s) and Guest(s) agree to seek ALL legal and professional related services, advice and representation from an independent properly licensed attorney or professional.
INDEMNIFICATION AND HOLD HARMLESS AGREEMENT: Renter, Overnight Guest(s) and Guest(s) agree to Indemnify, defend, and hold harmless Owner and their representatives, successors, employees and contractors from and against any and all claims, damages, fines, penalties, losses of property, losses of life, injuries sustained, contracted illnesses, and Coronavirus (COVID-19) exposure or illness of any kind including but not limited to expenses, fines, penalties, costs, judgments, demands, and defense costs (including, without limitation, actual direct, out-of-pocket costs and expenses and amounts paid in compromise or settlement and reasonable legal fees arising from litigation of every nature or liability of any kind or nature including civil, criminal, administrative, or investigative) arising out of Renter, Overnight Guest(s) and or Guest(s) breach of this Agreement and or cancelation of the Reservation and or Renter, Overnight Guest(s) and or Guest(s) stay in the Condo, visit to the Complex and or visit to Hawaii.
PLEASE SIGN AND COMPLETE EACH ENTRY BELOW: Owner does not have an on-site reception person to verify our Renter identity upon check-in, so we do ask Renter to please provide an official ID such as a passport or driver’s license as verification it's really you renting our lovely condo. The “attachment” button below is for your official ID. Please upload your official ID with this “attachment” button below. If you like, please feel free to redact photo(s), governmental ID numbers, and or any other personal information you wish to keep private. In lieu of submitting an official ID below, Renter may arrange an alternative appointment with Owner to verify their ID. If you are interested in confirming your ID via an alternative appointment means please reach out. By submitting this information you agree to our privacy policy. Daymon Chad Merrill has the authority to sign/agree to this Agreement on behalf of Owners.
I, Renter have read, understand, agree to, and will abide by this Agreement and all conditions stated herein and assume all responsibility for myself, Overnight Guest(s), Guest(s) and or any persons that I allow into the Condo and or on/into the Complex.