EDGEMOOR ESTATE Terms & Conditions
ZENDEN PROPERTY MANAGEMENT LLC (Manager) 1680 Michigan Ave, STE 700, Miami FL 33139
and
BBM Management LLC (OWNER)
together (Owner/Manager) agrees to rent to the Occupant for use as residential premises only as a short-term residential lease agreement on behalf of the owner of the property.
Property Name: EDGEMOOR ESTATE 12 Edgemoor Road, Gloucester MA 01930
GENERAL RULES CHECK-IN: 3 PM EST CHECK-OUT: 11 AM EST No early check-ins or late check-outs.
THE FOLLOWING ARE NOT ALLOWED ON ANY PROPERTY
ANIMALS: No animals are allowed on, in, or about the property without the consent of the owner beforehand. There is a pet fee if the owner agrees to host pets. If a guest brings a pet without notifying the manager, this violates the rental agreement and the guest will be charged a $1,000 fee.
SMOKING: The Occupant and members of the Occupant's household and guests will not smoke anywhere inside the home. Smoking is only permitted outdoors with the use of proper disposal devices and ensuring that any nearby windows are closed.
EVENTS: None unless expressly agreed to by the management company in writing.
DECORATIONS: No glitter, balloons, sparklers, fireworks, or candles.
ASSESSING DAMAGE
After your stay, the rental manager will fully assess the home and share pictures of any evidence of damage. At the manager's discretion, the credit card on file will be charged for any items damaged during the stay caused by the renter, complete with receipts. The security deposit will be collected at the time of reserving the property or signing this contract and will be returned within 7 days after the rental period ends, as long as there is no damage. If damages exceed the amount of the security deposit, the Occupant or their insurance company shall be financially responsible.
MAX OCCUPANCY
Edgemoor Main House: 28
Edgemoor Carriage House: 6
SECURITY DEPOSIT
The security deposit is an authorization hold by Stripe on your credit card. It is taken on the day your stay begins and released 7 days after your stay ends, pending no damage issues. By signing this contract, you agree to the following schedule of potential fees. Note that all fees will include handling by staff at their hourly rate.
POTENTIAL FEES
Smoke Cleanup: $1,000 -- No smoking anything inside. Ever.
Excess Mess and Waste: $500 -- Guests are expected to leave the property in a reasonably clean condition. If the volume of trash left behind requires additional cleanup or removal beyond what the bins can accommodate, guests will be responsible for the associated fee.
Glitter or Decorative Sparkles: $400
Balloons in Rafters: $400
Excess Garbage: $300 -- If the amount of garbage created by guests in one week exceeds the space in the bins (which are picked up twice a week), creating a situation where garbage needs to be taken to the transfer station.
Lost/Damaged Linens, Towels, or Bedding Rendered Unusable (blood, makeup, stains): Full replacement cost plus handling.
Dirty Jacuzzi: $50 -- Guests are expected to wash feet and shower before entering the hot tub and to treat the hot tub as they would their own. No drinks, food, or any other items inside. No glass. If it is determined by the cleaning staff that the jacuzzi was rendered unusable for the next guests and was caused by your group -- meaning it must be emptied, cleaned, and refilled by staff -- your group will be charged this fee.
DAMAGE
If anything breaks, is damaged, or is lost, the guest will be expected to pay for it unless the owner determines it is not the guest's responsibility. All fees will be deducted from the security deposit after careful inspection by the cleaning staff and rental manager following the stay. By agreeing and booking, you agree to pay any fee laid out by the manager as long as it is reasonable and justified.
If damages incurred during the stay exceed the amount of the security deposit, the Owner/Manager will provide the Occupant with an itemized written statement of all charges within 7 days of the stay's conclusion. The Occupant will have 7 days from receipt of that statement to raise any written objection. If the parties are unable to resolve the dispute informally within 14 days, the matter will be submitted to mediation in accordance with the Mediation clause of this Agreement. Pending resolution, the Occupant remains responsible for any validated charges exceeding the deposit.
CARE AND USE OF PROPERTY
PARKING
Vehicles are to be parked in designated parking areas only, including throughout the driveway and in the garage. No parking on any road or on the lawn. Any illegally parked cars are subject to towing; applicable fines and towing fees are the sole responsibility of the vehicle owner.
Before Vacating, Occupant Agreements
Place all debris, rubbish, and food waste in the proper trash receptacles. No trash is to be left outside of the trash receptacle for any reason. Leave excess trash inside the home if needed. Wash the dishes and leave them in the dishwasher for the cleaning staff to put away. Ensure all devices that should be turned off prior to leaving are off. Place all keys in the lockbox outside upon departure and lock the house. Place all used linens and towels in the laundry area before departure. Pay all charges and fees accrued during the stay.
During the term of this Agreement or within 7 days after its termination, Manager may charge the Occupant or file a claim with the insurance agent for any of the following reasons:
Repairing walls due to plugs, large nails, or an unreasonable number of holes, including repainting of such damaged walls; Repainting or repairing anything required to address the results of any improper use or excessive damage by the Occupant; Unplugging toilets, sinks, and drains; Replacing damaged or missing doors, windows, screens, mirrors, or light fixtures; Repairing cuts, burns, or water damage to floors, tiles, carpets, and other areas; Fumigation or additional cleaning of surfaces or fabrics due to smoke damage anywhere on the property; Repairing any damage to any appliance located on the property; Creating a nuisance on the property for which a citation has been issued, and the cost of such citation; Any other repairs or cleaning due to damage beyond normal wear and tear caused or permitted by the Occupant or by any person the Occupant is responsible for; The cost of extermination where the Occupant or the Occupant's guests have brought or allowed insects onto the property or into the building; Repairs and replacement required where windows left open caused plumbing to freeze or resulted in rain or water damage to floors or walls; Replacement of locks and/or lost keys to the property and any administrative fees associated with such replacement as a result of the Occupant's misplacement of keys; and Any other purpose allowed under this Agreement or Massachusetts law.
Occupant Improvements
The Occupant agrees to forfeit any right to alter the home in any way. This includes, but is not limited to:
Applying adhesive materials or inserting nails or hooks in walls or ceilings; Painting, wallpapering, redecorating, or in any way significantly altering the appearance of the property; Removing or adding walls or performing any structural alterations; Installing a waterbed; Changing the amount of heat or power normally used on the property, as well as installing additional electrical wiring or heating units; Placing or exposing anywhere inside or outside the property any placard, notice, or sign for advertising or any other purpose; Affixing to or erecting upon or near the property any radio or TV antenna or tower; or Changing, removing, or adding any locks or lockboxes on the premises.
No Daily Maid Service
While linens and bath towels are included, daily maid service is not included in the rental rate. Should the Occupant desire more frequent maid service, it can be arranged at an additional rate. Any towels or linens taken from the property will incur a charge as per the fee schedule.
OTHER AGREEMENTS
The Occupant will not engage in any illegal trade or activity on or about the property. The Occupant will comply with standards of health, sanitation, fire, housing, and safety as required by law. At the expiration of the term of this Agreement, the Occupant will vacate and surrender the property in as good a state and condition as at the commencement of this Agreement, reasonable use and wear and tear excepted. The Occupant acknowledges that they do not have access to any restricted area on the property. The Occupant will use reasonable efforts to maintain the property in a condition that prevents the accumulation of moisture and the growth of mold. The Occupant will promptly notify the Owner in writing of any moisture accumulation or any visible evidence of mold discovered. The Owner will promptly respond to any such written notices from the Occupant.
Force Majeure
No refunds will be given for storms, bad road conditions, ruined expectations due to weather conditions, or any other force majeure event.
Inspections
The Occupant shall allow the Owner access to the property for purposes of repair and inspection. The Owner shall exercise this right of access in a reasonable manner, giving 24 hours' notice except in the case of an emergency. The Occupant will promptly notify the Owner of any damage or any situation that may significantly interfere with the normal use of the property or any furnishings supplied by the Owner.
CANCELLATIONS
Prior to 120 Days -- Full Refund Should the reservation be cancelled more than 120 days before the start of the reservation, the reservation will be refunded in full, less any credit card processing fees.
Between 120 and 90 Days -- 50% Refund Should the reservation be cancelled between 120 and 90 days before the start of the reservation, 50% of the reservation will be refunded, less any credit card processing fees.
Within 90 Days -- No Refund Should the reservation be cancelled on or within 90 days of the reservation start date, the guest will forfeit their payment.
Private Ownership
The house is privately owned. The owners are not responsible for any accidents, injuries, or illness that occur to any guests while on the premises or its facilities. The Owner is not responsible for the loss of personal belongings, valuables, or property of the guest. By accepting this reservation, it is agreed that all guests are expressly assuming the risk of any harm arising from their use of the premises or from others whom they invite to use the premises.
Attorney Fees
The Occupant agrees to pay all reasonable attorney's fees and expenses incurred by the Owner in enforcing this Agreement or in the defense or prosecution of any claims brought by or against the Owner arising from the Occupant's actions or omissions with respect to the property or the Occupant's obligations under this Agreement.
Governing Law
This Agreement will be construed in accordance with and exclusively governed by the laws of the State of Massachusetts.
Severability
If there is a conflict between any provision of this Agreement and applicable state law, the state law will prevail and such provision of the Agreement will be amended or deleted as necessary to comply with state law. Any provisions required by Massachusetts law are incorporated into this Agreement.
Unenforceability
The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of any other provision. Such other provisions remain in full force and effect.
Mediation
If any dispute relating to this Agreement between the parties is not resolved through informal discussion within 14 days from the date the dispute arises, the parties agree to submit the issue to a mediator. The decision of the mediator will not be binding on the parties. Any mediator must be a neutral party acceptable to both parties. The cost of any mediation will be paid by the Occupant.
INDEMNITY
The Occupant agrees to indemnify, defend, and hold harmless the Owner/Manager, its clients, property managers, cleaners, and any subcontractors from any liabilities, costs, penalties, or expenses arising out of or resulting from the rental and use of the premises. The Occupant also agrees to indemnify and hold harmless the Owner/Manager, its clients, property managers, cleaners, and any subcontractors against any and all liability, claims, actions, demands, or losses of any kind or nature that may occur or be claimed with respect to any person, corporation, property, or chattels on or about the respective property, or to the property itself, resulting from any act or omission by or through the Occupant, its agents, contractors, employees, invitees, or any person on the premises by reason of the Occupant's use or occupancy thereof. These may include, but are not limited to, accidents, injuries, or damage to property arising from any act of the Occupant's guests, whether intentional or negligent, occurring during use. The Occupant agrees to pay all costs and attorney fees incurred by the Owner/Manager, its clients, property managers, cleaners, and representatives in defending any such claim or action. In the event the Owner/Manager is required to file any action in court to enforce any provision of this contract, the Occupant agrees to pay all attorney fees, court costs, and costs of suit incurred, including all collection expenses and interest due. Any suit brought by the Occupant or the Owner/Manager with regard to any claim related to this contract must be brought in the appropriate judicial district. To the greatest extent permitted by law, the Occupant agrees to defend, indemnify, and hold harmless the Owner against all third-party claims and damages for bodily injury and property damage arising out of the tenancy, whether caused by acts or omissions, including but not limited to the sole negligence of the Owner.
Hot Tub / Jacuzzi / Pool Indemnity
The Occupant and their family or guests who enter the property will use the hot tub and pool at the Occupant's own risk. The Owner does not provide lifeguard services, and no supervision is provided at any time. All guests, including minors, use the pool entirely at their own risk. Adults are solely responsible for the safety and supervision of any children in or near the pool at all times.
The Owner will not be responsible for any injuries sustained by the Occupant or the Occupant's guests when using the hot tub or pool. The Occupant is responsible for general maintenance of the hot tub and pool. This includes, but is not limited to, keeping the hot tub and pool clean of debris, keeping the hot tub area clean, neat, and organized, placing the cover on and off when using the tub or pool, and notifying the Owner of any issues. The Occupant must immediately notify the Owner of any repair the hot tub or pool may require. The Occupant will only use plastic cups in or near the jacuzzi or pool, both of which are provided at the property. The Occupant is responsible for the full cost of any repair or replacement of the hot tub or pool required as a result of negligence by the Occupant or the Occupant's guests. The Occupant must operate the hot tub and pool according to the manufacturer's instructions. No pets of any kind are permitted in the hot tub at any time.
General Provisions
All monetary amounts stated or referred to in this Agreement are in United States Dollars. Any waiver by the Owner of any failure by the Occupant to perform or observe the provisions of this Agreement will not operate as a waiver of the Owner's rights under this Agreement with respect to any subsequent defaults, breaches, or non-performance, and will not defeat or affect the Owner's rights in respect of any subsequent default or breach. This Agreement will extend to and be binding upon the respective heirs, executors, administrators, successors, and assigns of each party. All covenants are to be construed as conditions of this Agreement. Where there is more than one Occupant executing this Agreement, all Occupants are jointly and severally liable for each other's acts, omissions, and liabilities pursuant to this Agreement. Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. Words in the singular include the plural and vice versa. Words in the masculine include the feminine and vice versa. The Occupant agrees and acknowledges that the Owner has the right to modify or change the layout, design, and style of the furniture of the rental at any time, as long as the rental retains commensurate amenities as described on the website. This Agreement may be executed in counterparts. Facsimile signatures are binding and are considered to be original signatures.
NOTE: LANDLORD'S INSURANCE POLICY COVERS ONLY THE BUILDING ITSELF. IT DOES NOT COVER ANY OF THE TENANT'S PERSONAL BELONGINGS AGAINST DAMAGE OR DISAPPEARANCE, NOR DOES IT COVER THE TENANT FOR NEGLIGENCE -- SHOULD THE TENANT, FOR EXAMPLE, LEAVE A BURNER ON AND START A FIRE. TO PROTECT AGAINST THESE CALAMITIES, THE TENANT SHOULD OBTAIN A TENANT'S INSURANCE POLICY. MOST INSURANCE COMPANIES AND AGENTS WILL WRITE SUCH A POLICY, AND THE LANDLORD RECOMMENDS THAT THE TENANT OBTAIN SUCH COVERAGE.