Tenant shall provide prompt, detailed telephonic notice to BeautifulPlaces of any damage or disrepair to or affecting the property. If such damage or disrepair is not the result of the action or inaction of Tenant, and if such damage or disrepair interferes with the use of the premises, BeautifulPlaces shall have 36 hours to replace or repair the same without a reduction in Tenant’s rent.

Access to Property

Upon notice to Tenant, BeautifulPlaces may enter the property for necessary maintenance, repairs, or other reasonable purposes.

Assignment or Sublease

Tenant may not assign this agreement or sublease any portion of the property without prior written consent of BeautifulPlaces. No such approved assignment or sublease shall in any way relieve Tenant of obligations and responsibilities under this agreement.

Arbitration of Claims

This agreement shall be interpreted in accordance with the laws of the State of California. Each party waives his right to trial by jury in any matter and action under this Agreement, including, without limitation, in any summary proceeding based on termination, holdover or other default in which repossession of the Premises is sought. In the case of any dispute between the parties (other than any summary proceeding based on termination, holdover or other default in which repossession of the Premises is sought), the parties agree that such dispute shall be exclusively and finally resolved in arbitration, without recourse to any court, by a single arbitrator qualified to resolve disputes of this nature by the American Arbitration Association (the “AAA”), such arbitrator to be selected from among the list of available AAA arbitrators according to the AAA arbitrator selection procedures.  The arbitration shall take place in the County of Sonoma, California.  Any party to this Agreement may initiate the arbitration by providing a written notice to all other parties to the Agreement, which notice bears a current date, states the name of the initiating party, and briefly states the matter to be arbitrated.  The arbitrator may allocate costs, fees and other expenses of the arbitration equally among the parties to the dispute, except in the instance that the arbitrator determines that a party has initiated an arbitration without a reasonable basis for doing so, the arbitrator shall assess against that party the costs of the other parties relating to the arbitration, including reasonable attorneys’ fees.  

Limitation of Liability and Indemnification

The liability of BeautifulPlaces or its agents shall be limited to the amount of any rentals and deposits paid. In no event shall BeautifulPlaces or its agents be liable for any special, consequential, incidental or punitive damages. Tenant agrees to indemnify and hold harmless BeautifulPlaces and the owner of the property from and against any liability for personal injury of property damage sustained by any person (including Tenant’s guests) as a result of any cause, unless such damage was proximately caused by the gross negligence or willful misconduct of BeautifulPlaces or the owner.

Administration Fee

In addition to the rental fee, occupant shall also be charged a reservation administration fee in the amount stated on page 1 of this lease.

Cleaning Fee

A fee in the amount of ________ shall be charged for cleaning the property at the end of the booking term.

Miscellaneous

(a) All individual provisions, paragraphs, sentences, clauses, sections and words in this Agreement shall be severable, and if any such provision, section, paragraph, sentence, clause or word is determined by any court, administrative body, or tribunal, having proper jurisdiction, to be in any way unenforceable, or to be in any way in conflict with any law of any applicable jurisdiction, such determination shall have no effect whatsoever on any of the remaining paragraphs, provisions, clauses, sections, sentences, or words of this Agreement; (b) it is understood and agreed that time is of the essence for all purposes, and with respect to the performance of all obligations, under this Agreement; (c) this Agreement may be executed in two (2) or more counterpart copies, all of which counterparts shall have the same force and effect as if all parties hereto had executed a single copy of this Agreement; (d) this Agreement is the entire agreement between the parties with respect to the subject matter hereof, and no modification or addition to it shall be binding unless signed by the parties hereto; (e) the covenants, conditions and agreements contained herein are binding upon and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, personal representatives, successors and assigns; (f) if there is more than one (1) Tenant under this Agreement, the Tenants shall be jointly and severally liable and each shall be deemed to confer upon each Tenant full authority to act on behalf of all Tenants under this Agreement; (g) the obligations and covenants between the parties are independent and the rent will be payable without offset, reduction or abatement for any cause; and (h) wherever the context so requires, the singular number shall include the plural, the plural the singular, and the use of any gender shall include all other genders.