Portage Way LLC
Agreement to stay
This Rental Agreement ("Agreement") is entered into today, by and between the landlord, Portage Way LLC, hereinafter referred to as "Landlord" or "we," and the tenant, hereinafter referred to as "Guest" or "you."
This Agreement outlines the terms and conditions for the short-term rental of the property located at Portage Way LLC property, Crow Wing County, Minnesota, through our website or any other online booking platform ("Platform").
1. Property Usage and Rules: a. Guest agrees to use the property solely for temporary, short-term residential purposes. b. Guest agrees to abide by all rules and regulations posted in the property and those communicated by the Landlord.
2. Rental Period: a. The rental period begins at the day you begin at 3:00 PM and ends at the time you check out at 11:00 AM.
3. Payment and Fees: a. Guest shall pay the total rental amount of as well as any additional fees as specified on the Platform. b. A cleaning fee of $250 per stay will be charged to each stay regardless of length.
4. Cancellation Policy: a. Cancellation terms are as per the Airbnb or Platform policies.
5. Activity Waiver and Release of Liability:
ACTIVITY RELEASE AND AGREEMENT NOT TO SUE
ACKNOWLEDGEMENT OF RISKS
The undersigned, in consideration of permission to use Portage Way, LLC facilities, voluntarily assumes the risk of injury or even death while participating in recreational activities at Portage Way. I agree and understand that the activities, including the use of watercraft, whether owned by Portage Way or not, use of beach, use of trails or any other activities are inherently dangerous and further recognize my responsibility to inspect the facilities and read and obey all signs, rules, and regulations associated with the activities at Portage Way, LLC properties. There are inherent risks in the participation in or on any watercraft, ATV (whether owned by Portage Way, LLC or not) wilderness trails, docks, and other recreational activities (hereinafter “recreational activities”). Patrons of recreational activities, by participation, accept the risks inherent in such recreational activities of which the ordinary prudent person is or should be aware. Patrons have a duty to exercise good judgment and act in a responsible manner while using the recreational activities and to obey all oral and written instructions and warnings, prior to or during participation. Patrons have a duty to refrain from participating in or on any recreational activities, when under the influence of drugs or alcohol. Patrons have a duty to properly use all recreational activity safety equipment. Other risks include, but not limited to slips and falls, risk of drowning, and other inherent risks associated with swimming, fishing and other activities, wet and dry, that present the risk of injury or death.
RELEASE OF CLAIMS
IN CONSIDERATION OF BEING ALLOWED TO USE Portage Way, LLC’s FACILITIES, I AGREE THAT I WILL NOT SUE Portage Way, LLC IT’S OWNERS AND OPERATORS, AND THEIR OFFICERS, MANAGERS, MEMBERS, DIRECTORS, AGENTS, AND EMPLOYEES (HEREINAFTER REFERRED TO COLLECTIVELY AS “Portage Way, LLC”) AND WILL RELEASE Portage Way, LLC FROM ANY AND ALL LIABILITY IF I AM OR EVER WAS INJURED OR ANY MEMBER OF MY FAMILY IS OR EVER WAS INJURED WHILE USING ANY OF Portage Way, LLC FACILITIES OR WHILE PRESENT ON Portage Way PROPERTY, EVEN IF I CONTEND THAT SUCH INJURIES ARE THE RESULT OF NEGLIGENCE ON THE PART OF WHIPLASH RETREAT. I FURTHER AGREE THAT I WILL INDEMNIFY AND HOLD HARMLESS Portage Way, LLC FROM ANY LOSS, LIABILITY, DAMAGE OR COST OF ANY KIND THAT MAY OCCUR AS THE RESULT OF ANY INJURY TO MYSELF OR TO ANY PERSON FOR WHOM I AM SIGNING THIS AGREEMENT, EVEN IF I CONTEND THAT SUCH INJURIES ARE THE RESULT OF NEGLIGENCE ON THE PART OF Portage Way, LLC.
I have read and understood the foregoing AGREEMENT NOT TO SUE AND ACKNOWLEDGMENT OF RISKS and am voluntarily signing below, intending to be legally bound hereby. I have made no misrepresentations of my age. If I am signing on behalf of a minor child, I represent and warrant that I am doing so with the consent and approval of my spouse (if any) and I understand that I may be giving up the rights of my child and spouse to sue as well as giving up my own right to sue. If the undersigned is under (18) years of age, this Release must be executed by a Parent /Guardian/Accompanying adult.
6. Property Condition: a. The property will be provided in good and habitable condition. b. Guest is responsible for any damage or loss caused during their stay and shall immediately report any such incidents to Landlord.
7. Pets and Smoking: a. No pets are allowed on the property without prior written consent from Landlord. b. The property is strictly non-smoking. Smoking is only allowed in designated outdoor areas.
8. Quiet Hours and Neighbors: a. Guest shall respect quiet hours between 10:00 PM and 7:00 AM. b. Guest shall be considerate of neighbors and shall not engage in disruptive or illegal activities on the property.
9. Access and Entry: a. Landlord may need access to the property for maintenance or emergency situations. b. Landlord shall give notice when access is required, except in emergencies.
10. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota.
By accepting this Agreement, you acknowledge and agree to abide by all terms and conditions herein. You also understand that your stay on the property is at your own risk, and you release the Landlord from any liability.
By checking out on our website booking platform, you agreed to these terms and conditions. Keep a copy for your records. Failure to comply with these terms may result in eviction and/or additional charges.