Terms and Conditions TERMS AND CONDITIONS OF GUEST STAYASHTON HILLS ESTATE Owner agrees to rent to the Occupant for use as residential premises only. GENERAL RULES CHECK-IN: 3 PM ESTCHECK OUT: 11 AM EST No early check-ins or late check-outs. WE DO NOT ALLOW THE FOLLOWING: 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 does agree to host pets. If you bring a pet this violates the rental agreement and you will have to pay $1000. Smoking: – The Occupant and members of 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. No Events: Decorations: No Glitter or Balloons SECURITY DEPOSIT$2500 If booked direct or via VRBO/Homeaway the Security Deposit is Auto Held on the booking credit card the 2nd to last day of your stay. IT is not charged unless there is damage. It is released 7 days after the 2nd to last day of your stay. If booked via Airbnb this does not apply. Assessing Damage After your stay, the rental manager will fully assess the home and share pictures of any evidence of damage. At the owner’s discretion, the credit card on file will be charged for any damaged items 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 day after the rental period ends as long as there is no damage. If damages exceeds the amount of the security deposit, the Occupant or their insurance company shall be financially responsible. Max Occupancy12 people By signing this contract, you agree to the following schedule of fees: Lost Keys: $50 Smoke Cleanup: $1000 – NO Smoking Anything Inside. Ever. Excess Mess and Waste: $500 – We are not responsible for cleaning up your mess. If you have too much trash, take it in the car with you when you leave and dispose of it elsewhere. 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 Rendered Useless (blood, makeup, stains): Full replacement cost Dirty Jacuzzi -$750 (It’s expected that you will wash feet/take a shower before entering hot tub and treat the hot tubs as you would your own. No drinks, food, or anything else inside. NO GLASS. If it’s determined by the cleaning staff that the jacuzzi is rendered unusable by the next guests and was caused by your group, meaning it must be emptied, cleaned and refilled by my staff, your group will be charged the fee). DAMAGE If anything breaks, is damaged or is lost, you will be expected to pay for it unless as determined by the owner that it’s not your responsibility. We have an honor system and expect guests to adhere to it as any responsible human would. All fees will be deducted from the security deposit after careful inspection by the cleaning staff and rental manager after the stay. All fees will be deducted from the security deposit if there is one on file. By agreeing and booking, you also agree to pay the fees as long as they are reasonable and justified. CARE AND USE OF PROPERTY Parking Vehicles are to be parked outside in designated parking areas atop the property near the house. No Parking in the Garage and NO parking on Bostock Road. Any illegally parked cars are subject to towing; applicable fines/towing fees and is the sole responsibility of the vehicle owner. Before Vacating, Occupant Agreements Place all debris, rubbish and foodwaste in the Green Metal Trash Receptacle on Bostock Road. No Trash is allowed to be left outside of the trash receptacle for any reason. Leave inside the home if there is excess trash. Wash the dishes and leave the clean dishes 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 lock box outside upon departure and lock the house. Place all used linens and towels in laundry area before departure. Pay all charges/fees accrued during the stay. During the term of this Agreement or within 10 days after its termination, Owner 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 any unreasonable number of holes in the walls including the repainting of such damaged walls; Repainting or repair anything required to repair the results of any other 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/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 any damage beyond normal wear and tear caused or permitted by the Occupant or by any person whom the Occupant is responsible for; The cost of extermination where the Occupant or the Occupant’s guests have brought or allowed insects into the Property or building; Repairs and replacement required where windows are left open which have caused plumbing to freeze, or rain or water damage to floors or walls; Replacement of locks and/or lost keys to the Property and any administrative fees associated with the replacement as a result of the Occupant’s misplacement of the keys; and Any other purpose allowed under this Agreement or New York law. Occupant Improvements 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(s); 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 or allowing to be placed or exposed anywhere inside or outside the Property any placard, notice or sign for advertising or any other purpose; or Affixing to or erecting upon or near the Property any radio or TV antenna or tower. Changing or 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 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. 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 quit and surrender the Property in as good a state and condition as they were at the commencement of this Agreement, reasonable use and wear and tear excepted. Occupant acknowledges that it does not have access to any restricted area on the Property. The Occupant will use reasonable efforts to maintain the Property in such a condition as to prevent the accumulation of moisture and the growth of mold. The Occupant will promptly notify Owner in writing of any moisture accumulation that occurs or of any visible evidence of mold discovered by the Occupant. Owner will promptly respond to any such written notices from the Occupant. Force Majeure No refunds will be given for storms, bad road conditions, or ruined expectations due to any weather conditions or anyother force majeure. Inspections Occupant shall allow Owner to access to the property for purposes of repair and inspection. Owner shall exercise the right of access in a reasonable manner, giving 24 hours-notice except in the case of an emergency. The Occupant will promptly notify Owner of any damage, or of any situation that may significantly interfere with the normal use of the Property or to any furnishings supplied by Owner. Cancellations Prior to 45 Days – FULL REFUND-Should the reservation be cancelled prior to 45 days of the start of the reservation, the reservation will be refunded entirely less any credit card processing fees. Within 45 Days – No Refunds -Should the reservation be cancelled on or within 45 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 ofthe 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 assumingthe risk of any harm arising from their use of the premises or others whom they invite to use the premise. Attorney Fees Occupants agree to pay all reasonable costs of attorney’s fees and expenses that shall be made or incurred by Ownerenforcing this Agreement or the defense or prosecution of any claims that are brought by or against Owner whichmay arise as a result of Occupants actions or omissions with respect to the Property and/or Occupants obligationsunder this Agreement. Governing Law This Agreement will be construed in accordance with and exclusively governed by the laws of the State of New York. Severability If there is a conflict between any provision of this Agreement and New York law, New York law will prevail and suchprovisions of the Agreement will be amended or deleted as necessary in order to comply with Nevada law. Further,any provisions that are required by New York law are incorporated into this Agreement. UnenforceabilityThe invalidity or unenforceability of any provisions of this Agreement will not affect the validity or enforceability of any other provision of this Agreement. 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 14days from the date a dispute arises, the Parties agree to submit the issue before a mediator. The decision of themediator will not be binding on the Parties. Any mediator must be a neutral party acceptable to both Parties. The costof any mediation will be paid by the Occupant. INDEMNITY Occupant agrees to indemnify, defend, and hold harmless 239 Bostock LLC and Zenden Property Managment LLC , its clients, owners, property manager, and any subcontractors from any liabilities, costs, penalties, or expenses arising out of and/or resulting from the rental and use of the premises. The Occupant also agrees to indemnify and hold harmless 239 Bostock LLC and Zenden Property Managment LLC its owners, property manager, 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 or persons, corporation, property or chattels, on or about Ashton Hills Estate or to the property itself resulting from any act done, or omission by or through the Occupant, its agents, contractors, employees, invitees, or any person on the premises of Ashton Hills Estate by reason of Occupant’s use or occupancy thereof. These may include, but are not limited to accident, injury or damage to property arising from any act of the Occupant’s guests, whether intentional or negligent, which occur during use. Occupant agrees to pay all costs and attorney fees incurred by 239 Bostock LLC and Zenden Property Managment LLC, its owners and representatives in defending any such claim or action brought against 239 Bostock LLC and Zenden Property Managment LLC, its owner and/or its representatives. In the event 239 Bostock LLC and Zenden Property Managment LLC, its owners, property manager, and any subcontractors are required to file any action in court in order to enforce any provisions of this contract, Occupant agrees to pay 239 Bostock LLC and Zenden Property Managment LLC (its owners, property manager, any subcontractors and/or agents) all attorney fees, court costs, and costs of suit incurred by 239 Bostock LLC and Zenden Property Managment LLC including all collection expenses and interest due. Any suit brought by Occupant or 239 Bostock LLC and Zenden Property Managment LLCwith regard to any claim related to any aspect of this contract must be brought in the judicial district of Ulster County, NY. To the greatest extent permitted by law, Occupant agrees to defend, indemnify and hold harmless Owner against all third party claims and damages for bodily injury and property damage arising out of tenancy, whether caused by New York laws or omissions, including but not limited to the sole negligence of Owner. Hot Tub / Jacuzzi Indemnity The Occupant and their family or guests who enter the property will use the hot tub at the Occupants own risk. The Owner will not be responsible for any injuries sustained by the Occupant and/or the Occupant’s guests when using the hot tub. The Occupant is responsible for general maintenance of the hot tub. This includes but is not limited to keeping the hot tub clean of debris and keeping hot tub areas clean, neat and organized, putting the cover on and off when using the tub, and notifying the Owner if there are any issues. The Occupant must immediately notify the Owner of any repair that the hot tub may require. The Occupant will only use plastic cups in or near the jacuzzi. The Occupant is responsible for the full cost that may be due for repair and or replacement of the hot tub that is required as a result of negligence by the Occupant or the Occupant’s guests. The Occupant must operate and use the hot tub 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 based in the United States Dollar. Any waiver by Owner of any failure by the Occupant to perform or observe the provisions of this Agreement will not operate as a waiver of Owner’s rights under this Agreement in respect of any subsequent defaults, breaches or non-performance and will not defeat or affect in any way Owner’s rights in respect of any subsequent default or breach. This Agreement will extend to and be binding upon and inure to the benefit of the respective heirs, executors, administrators, successors and assigns, as the case may be, 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 mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa. Occupant agrees and acknowledges that the owner has the right to modify and or change the layout, design, and style of the furniture of the rental at any time, as long as the rental has commensurate amenities as 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 TENANT’S PERSONAL BELONGINGS AGAINST DAMAGE OR DISAPPEARANCE, NOR DOES IT COVER TENANT FOR NEGLIGENCE SHOULD TENANT, FOR EXAMPLE, LEAVE A BURNER GOING AND START A FIRE. TO PROTECT AGAINST THESE CALAMITIES, TENANT SHOULD GET A TENANT’S INSURANCE POLICY. MOST INSURANCE COMPANIES AND AGENTS WILL WRITE SUCH A POLICY AND LANDLORD RECOMMENDS THAT TENANT OBTAIN SUCH INSURANCE COVERAGE.