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Sample Use Agreement for Casa Mono Tití
Sample Use Agreement
US phone +1 773-472-7127•CR Phone +506 2417-3286
THIS AGREEMENT, dated _________, is by and between Inversiones Villa Los Gemelos S.A. (a Costa Rican corporation) C/O Gemini Properties 1835 N. Natoma Ave., Chicago, IL, USA 60707 United States office “Owner” —AND— _____________ “Clients”, for use of the entire dwelling known as Casa Mono Titi and located at the lower villa at the end of the first drive on the left past the Spa Uno which is located on the road in front of Hotel Villas El Parque on the main road from Quepos to Manuel Antonio National Park, Puntarenas, Costa Rica, under the following terms and conditions:
FIXED-TERM AGREEMENT—Clients agree to use this dwelling for a fixed-term of _____ Nights, beginning (check- in) ________ at 2:00 PM CST and ending (check-out)_________ at 11:00 AM CST. Clients and/or occupants who do not vacate the premises by the check-out time are subject to a late check-out fee equal to one night's stay.
MONIES and FUNDS—All monies and funds in this agreement are listed in US dollars.
USE—Clients agree to the use of this dwelling for the sum of _______payable in advance. An advance deposit of __1/2___ is payable at signing of this agreement. The final payment of __second half___ shall be made on ________ (30 days prior to occupancy).
SECURITY DEPOSIT— A security deposit in the amount of $1,000.00 will be put “on hold” on a major credit card on or before _____________ (7 days prior to occupancy) and will be released by the Owner within four weeks after check-out date less any amount deducted. Charges may include, but are not limited to: expenses related to damages, late checkout, extra cleaning service, unpaid tours, activities or meals and long distance telephone charges. Additional expenses related to Clients’ negligence may also be charged to the security deposit. This authorization will extend up to 75 days after 4-Apr-10 (check-out) for estimates to repair damages and for late arriving telephone bills from ICE. If keys are lost or stolen, a charge of $150.00 will be charged towards this deposit to change all locks in the house.
UTILITIES—The Owner will provide hot & cold water, electric, propane, trash removal, cable or satellite TV, and local telephone usage. Clients are responsible for all international long distance calls made during usage.
DAMAGE—Clients agree to pay for repairs of all damage that the Clients, occupants or their guests have caused.
RESTRICTIONS—All smoking must be done outside. No smoking in any bedrooms or common areas. No prostitutes or paid sex workers may enter or occupy the dwelling at any time.
SAFE—The digital safes are provided for the convenience of the Clients. No bond or warranty is provided for contents put into the safes. Each time a safe is opened, a new four-digit number must be programmed in (or a magnetic-striped card—such as a credit card or ATM card—swiped across the card reader) to lock the safe. The only way to open the safe is to use the same four-digit code (or the same magnetic-striped card.) If Clients forget the four-digit code (or lose the magnetic-striped card) used to lock the safes, Clients agree to pay all costs incurred to have the safes opened. Upon checkout, Clients agree that they will leave the safes open and unlocked or as instructed by the house manager.
ACCOMMODATIONS—One king bed, two queen beds, and one full bed are in four bedrooms. Owner supplies linens for bed, beach and bath. Other amenities include house manager assistance, private pool, and Monday through Saturday maid service.
MAXIMUM NUMBER OF OCCUPANTS—The house is to be occupied by no more than ____number of people in contract___persons at a maximum. The occupants are ___Names (with ages of guests under 25)________. The Owner shall be notified of any changes or additions to the occupant list no later than 30 days prior to Client’s arrival.
SUBLETTING AND ASSIGNMENT—Clients shall not sublet the entire premises or any part of the premises, nor shall they assign this Agreement to anyone else without first obtaining the Owner’s written permission. Owner shall not withhold permission unreasonably.
PETS—Clients may house no pet of any kind on the premises, even temporarily, without first obtaining Owner’s written permission. “Pets” includes, but is not limited to, both warm- and cold-blooded animals, such as dogs, cats, fish, hamsters, rats, birds, snakes, lizards, and insects. “Pets” does not include animals trained to serve the handicapped, such as seeing-eye dogs, hearing dogs, or service dogs. These animals may be housed on the premises so long as they are in the direct service of those they were trained to serve and so long as the Owner is notified in advance in writing of the circumstances. AGREEMENT
NON-COMPLIANCE—Clients assure the Owner that any Client or occupant who violates any of the terms of this Agreement shall be immediately denied occupancy and shall remedy any damages or other expenses that are caused by the Client, occupant and/or Client's guest(s).
ILLEGAL DRUGS—Clients agree that any Client or occupant who is found using illegal drugs or allows others to use illegal drugs on the premises will be immediately denied continued occupancy at these premises.
LAWFUL USE—Clients, occupants and/or their guests shall not disturb, annoy, endanger, or inconvenience neighbors, nor use the premises for any unlawful purposes, nor violate any law or ordinance, nor commit waste or nuisance on or about the premises.
HOLD HARMLESS—Clients agree to indemnify and save Owner harmless from all liability, loss or damage arising from any nuisance or harm made or suffered on the premises by the Clients, occupants and/or their guests or from any carelessness, neglect, or improper conduct of any persons entering, occupying or visiting the premises.
INSURANCE—Owner has obtained insurance to cover fire damage to the building itself and liability insurance to cover certain personal injuries occurring as a result of property defects or Owner negligence. Owner’s insurance does not cover Clients’ possessions or Clients’ negligence. Clients are responsible for their own actions and the Owner assumes no liability for Clients' improper conduct, or misuse of the facilities.
NON-WAIVER—Should either Owner or Clients waive their rights to enforce any breach of this Agreement, that waiver shall be considered temporary and not a continuing waiver of any later breach. Although Owners may know when accepting payment that Clients are violating one or more of this Agreement’s conditions, Owners in accepting payment are in no way waiving their rights to enforce the breach. Neither Owners nor Clients shall have waived their rights to enforce any breach unless they agree to a waiver in writing.
REFERENCES IN WORDING—Plural references made to the parties involved in this Agreement may also be singular, and singular references may be plural. These references also apply to Owners’ and Clients’ heirs, executors, administrators, or successors, as the case may be.
ENTIRE AGREEMENT—As written, this Agreement constitutes the entire Agreement between the Clients and Owners. They have made no further promises of any kind to one another, nor have they reached any other understandings, either verbal or written.
ATTORNEY’S FEES—If either party to this Agreement shall bring a cause or action against the other party for enforcement of the Agreement, the prevailing party shall not recover attorney’s fees. Inversiones Villa Los Gemelos, S.A., is a Costa Rican company and this Agreement is governed under the laws of Costa Rica.
TERMINATION—Either party may terminate this Agreement in the event of a violation of early provision of this Agreement by the other party in the manner and as provided by law.
CANCELLATION—In the event of cancellation of this Agreement, a refund (less $100 cancellation fee) will be made only to the extent that another Client may be found to occupy the vacated time reserved under this Agreement. CLIENTS:____________________________ OWNER: ______________________________________
We loved the accommodations at Geminis del Pacifico. The home, the view, all it had to offer was wonderful. We will recommend to others that may decide to go to Costa Rica and do plan on returning. Our schedule is very hectic so it may not be for a year or two. We had a guide for the week so did not call on the House Manager very often other than to see how to dial home. He was very helpful. Thanks and we will contact you upon our return Manuel Antonio. Thanks.
Bergeron / Schmitt – Louisiana USA