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TEMPORARY USE AGREEMENT
AND OPERATING POLICIES
1. PARTIES TO THE AGREEMENT
This "AGREEMENT" is entered into, by and between, Aanew LLC and "Guest" (see details below). Aanew LLC is a Limited Liability Corporation, duly organized and existing under the laws of the State of Nevada, with a primary business mailing address at 2764 North Green Valley Parkway, #329, Henderson, Nevada 89014,
and primary web addresses atwww.aanewvacation.com andwww.4210EastQuail.com. Aanew LLC is the long-term lease holder for
the Quail Estate (located at 4210 East Quail Avenue, Las Vegas, Nevada, 89120) and acts as the sole representative of this property.
"Guest";...
Name:
Address:
City, State, Zip Code:
Phone:
Email Address:
(hereinafter referred to as "Guest")
_____________ initial here
2. EXHIBITS
Exhibits include, this AGREEMENT and the USE DETAILS (viewable at www.AanewVacation.com; View Current Reservations). Both exhibits contain some essential terms of this AGREEMENT. Said USE DETAILS shall be an integral and inseparable part of this AGREEMENT and shall be incorporated into this AGREEMENT by reference.
3. EFFECTIVE DATE
This AGREEMENT shall become effective when the main body of this AGREEMENT and Exhibits are signed, electronically or physically, by "Guest". This AGREEMENT can be executed in counterparts, which together shall constitute the original AGREEMENT.
4. TEMPORARY USE
"Guest" wishes to use the premises located at 4210 East Quail Avenue, Las Vegas, Nevada 89120 (hereinafter referred to as "Quail Estate") on a temporary basis, defined as occupancy by "Guests" not to exceed time frame agreed upon in USE DETAILS. Occupation of the property termed the Quail Estate beyond the contracted Check-Out time will be considered trespassing and will be turned over to the authorities accordingly. Therefore, in consideration of the mutual covenants, representations, and warranties contained in this AGREEMENT, Aanew LLC and "Guest" agree to the following...
(a) Private Property: "Guest" understands and agrees that Quail Estate is a privately held property, as opposed to a hotel, resort or the like. The amenities available at the Quail Estate are described in this Rental Agreement (or directly on www.4210eastquail.com/amenites.html ).
(b) Terms: The Check-In date and Check-Out date are set forth in the USE DETAILS (viewable at www.AanewVacation.com; View Current Reservations).
- Check-In time (Overnight Vacation Rental): 3:00pm or after (by appointment)
- Check-Out time (Overnight Vacation Rental): 11:00am
- Late Check-Out time (Overnight Vacation Rental): 5:00pm** (Subject to prior approval)
**Late Check-Out: Because of high property demand, a Late Check-Out is only available by special request; this request must be submitted to and approved by a representative from Aanew LLC a minimum of 48 hours prior to the scheduled Check-Out time. Additional fees may apply. Last minute reservations are always welcome but are subject to availability and approval.
(c) Rent/Rates: The entire amount of rent for the term described in subsection (b) above, plus cleaning fee and security deposit described in subsection (e) below, are set forth in the USE DETAILS. All rates are subject to change.
Mandatory Charges:
- Daily Rent: see USE DETAILS
- Cleaning Services: $500 per total visit
- Security Deposit: $3,000 per total visit (see subsection (f) for further details)
- Utility Service Fee: 4% fee to cover increased utilities charges
Optional Amenities:
- Late Check-IN: up to $500 (if you are unable to check-in during normal hours - 3 to 6pm)
- Late Check-OUT: $500 (subject to prior approval)
- Event Rental: $2,000 per event (required if hosting more than 20 people on
the property during the day, available for up to 150 guests, upon special request only, and must be pre-arraigned with Aanew LLC)
- Unique Consumables: Refer to posted restocking fees
(d) Conditions: Primary "Guest" must be a minimum of 25 years of age and is responsible for the terms of the agreement. All "Guests" visiting the Quail Estate are solely responsible for and must abide by all Clark County, Nevada State, and Federal laws; including, but not limited to, underage drinking, noise ordinances, etc... Evidence of unauthorized or illegal activity within this property will be grounds for immediate eviction without refund; will result in complete forfeiture of total authorized security deposit; and will be turned over to the appropriate authorities.
Aanew LLC reserves the right to
refuse service.
(e) Payment Options: The TOTAL rental amount (nightly rate, cleaning, security deposit, and other charges) must be paid by Wire Transfer, Credit Card, and/or corporate check (conditions apply) prior to check-in.
(f) Security Deposit: A Security Deposit of a minimum of $3000 will be required prior to Check-In.
The security deposit will be used to cover any loss or damage caused to the Quail Estate during the contracted Temporary Use terms (detailed in the USE DETAILS), as well as for the payment of…
- Used Additional Amenities
- Late Check-Out Penalties (or approved extensions)
- Additional Cleaning Fees
- Smoking Penalties
- And any Additional Fees described in subsections (f) or (g)
(g) Additional or Penalty Fees:
(h) Cancellation Policy:
(i) Parking policy: "Guest" shall be provided a unique code to operate the perimeter gates upon Check-In. "Guest" has the option of parking up to 9 (nine) vehicles on the driveway within the perimeter gates or of parking on the street outside of the perimeter gates. "Guest" understands that street parking is not permitted within the neighborhood around the Quail Estate.
(j) Surrender of Premises: Upon Check-Out (as stated within the USE DETAILS), "Guest" shall surrender the Quail Estate property in as good a state and condition as they were at Check-In; reasonable use and wear-and-tear thereof and damages inflicted by the elements excepted.
5. SAFETY Adult supervision is required for children at all times throughout the property and safety is expected from all individuals "Guest" permits on the property; but, especially, when using the swimming pool, spa, jacuzzi bath, and/or pool table. Child safety is the sole responsibility of the accompanying adults. Please note: The Quail Estate is a fully enclosed, privately gated estate; however, there are no separate gates around the pool and spa. It is the responsibility of the "Guest" to maintain the safety of all child and adult members of their party. Aanew LLC waives any responsibility and liability for accidents which may arise from use of the swimming pool, spa, jacuzzi bath, pool table, or any other parts of the property. In addition, Aanew LLC waives any responsibility for accidents which may arise due to negligence, inebriation,
or misuse by "Guest" or any members of their party and/or due to snow, ice, and any other hazardous conditions.
_____________ initial here
6. INDEMNIFICATION "Guest" shall at all times during the term of this AGREEMENT, and thereafter, indemnify, defend, and hold harmless Aanew LLC, its directors, officers, employees and affiliates, as well as the property owners and/or investors against all claims and expenses, including legal expenses and attorneys’ fees whether arising out of the death of or injury to any person or persons, out of any failure to comply with applicable laws or regulations, including without limitation those relating to discrimination in the offering of accommodations, or out of any damage to property and against any other claim, proceedings, demand, expense and liability of any kind whatsoever arising from “Guest’s” rent and activities on the property at Quail Estate.
7. FORCE MAJEURE
If either party hereto is materially hampered from performing hereunder by reason of any law, natural disaster, labor controversy, war or any similar event beyond a party's reasonable control ("Event of Force Majeure"), failure to perform shall not be deemed a breach of or default under the AGREEMENT and neither party shall be liable to the other therefore. Aanew LLC shall have the right to suspend the AGREEMENT during an Event of Force Majeure and shall have the right, but not the obligation, to extend this AGREEMENT by the length of any such suspension. Either party may terminate the AGREEMENT in an Event of Force Majeure which incapacitates Aanew LLC for more than three (3) continuous months without further liability to the other party, except for appropriate payment or adjustment with respect to any services satisfactorily completed prior to such termination.
8. ENTIRE AGREEMENT
This AGREEMENT, along with the USE DETAILS, contains the entire understanding of the parties with respect to its subject matter. There are no other agreements other than those expressly set forth herein. This AGREEMENT cannot be modified except by a written instrument signed by both parties. Further, this AGREEMENT supersedes any and all other agreements, either oral or in writing, between the parties with respect to its subject matter.
9. SEVERABILITY
If any provision of this AGREEMENT is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
10. NON-WAIVER
Aanew LLC and "Guest" agree that no failure to exercise and no delay in exercising in any right, power, or privilege under this AGREEMENT on the part of either party shall operate as waiver of any right, power, or privilege.
11. GOVERNING LAW AND JURISDICTION
This AGREEMENT shall be deemed to have been made in, and shall be construed pursuant to, the laws of the STATE OF NEVADA. Aanew LLC and "Guest" agree that any dispute arising out of this AGREEMENT shall be within the jurisdiction of Clark County Superior Court.
12. DISPUTE RESOLUTION
In the event any dispute or claim arises out of or relates to this AGREEMENT, including the USE DETAILS, and Aanew LLC and "Guest" are unable to settle the dispute, the parties agree to submit the dispute to final and binding arbitration administered by the National Arbitration Forum (www.arb-forum.com) under its Code of Procedure then in effect. The parties agree to select an arbitrator who is familiar with the Vacation Rental industry and agree that judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. In the event you initiate a claim against Aanew LLC in arbitration, litigation, or other dispute resolution proceeding, and you are not awarded damages in an amount greater than the highest amount Aanew LLC offers you in writing, you agree to reimburse Aanew LLC for the costs and fees, including reasonable attorney’s fees, incurred by Aanew LLC in our defense in such proceeding.
13. LIMITATION OF LIABILITY
Where permissible under state law, the liability of Aanew LLC under any theory of liability (i.e. negligence, breach of contract, consumer protection, etc...) shall be limited to the rent(s) paid by "Guest" for the rental period described in the USE DETAILS requested by “Guest.” This section is not applicable in those states where limitations on liability are expressly and absolutely prohibited. Otherwise, the limitations set forth in this section shall be binding upon "Guest" and anyone else who may otherwise initiate an action through "Guest" against Aanew LLC.
14. TIME LIMITATION
Any dispute or claim initiated against Aanew LLC must be made within one (1) year of the date of the rental Check-Out. This time period may be shorter than otherwise provided for under the laws and regulations of some states.
Upon Reservation and Payment, a copy of this Rental Agreement will be sent to your account on AanewVacation.com. You will be asked to READ and, electronically, SIGN your agreement before your Reservation will be confirmed.
By electronically signing name and initials, "Guest" acknowledges that they have read and agree to all terms and conditions of this AGREEMENT.
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Personalized Temporary Use Agreements with Aanew LLC must be read and signed by
"Guest" with every reservation. We accept wire transfer, corporate
checks, and all major credit cards including Visa,
MasterCard, and American Express. Your privacy is very important to us; Aanew
LLC and all websites operating for Aanew LLC abide by all local, state & federal privacy laws.
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