Short Term Rental Agreement - Vacation Home - Mesinger (00248186.DOC by rosieherman


									                            SHORT TERM RENTAL AGREEMENT
                                     ("Casa Alas")
THIS SHORT TERM RENTAL AGREEMENT (this "Agreement") is made this ____ day of
____________________________, 20___ by and between Jay and Sandra Mesinger (collectively, "Lessor") and:

Guest Name(s): _____________________________________________________________________________
Phone Number: (_____) _______________
Address: _______________________________________________________________ (collectively, "Lessee").

1. PROPERTY; TERM. In consideration of the payment of rent and the performance of the promises set forth
below, Lessor hereby grants to Lessee a non-transferable, revocable license to temporarily occupy and use, as a
vacation home and for no other purpose, those premises generally known as "Casa Alas," with an address of
Condominio La Casa Que Ve Al Mar, Escenica a Playa La Ropa L 96, 98 Y 100, Col. Playa La Ropa,
C.P. 40880, Zihuatanejo, Guerrero, Mexico (the "Property"), for a term:

commencing at 3:00 p.m. CST on ____________________________, 20___,
and terminating 11:00 p.m. CST on _______________________________, 20___ (the "Term").

2. RENT. For use of the Property as a vacation home, Lessee agrees to pay to Lessor rent in the amount of US$
______________ per day, for a total of US$ ______________ (the "Rent"). The Rent shall be payable as follows:

         2.1. Upon Lessee's execution and delivery of this Agreement, Lessee shall pay to Lessor a non-
refundable deposit in the amount of US$_______________ (the "Reservation Deposit") which amount represents
fifty (50%) of the Rent. The Reservation Deposit (i) shall be applied against the Rent, and (ii) shall be necessary
to hold any reservation for the Property. Lessor shall acknowledge receipt of the Reservation Deposit by
executing this Agreement and providing a receipt for the Reservation Deposit to Lessee.

      2.2. The balance of the Rent shall be payable in advance in full no later than thirty (30) days prior to the
commencement of the Term.

       2.3. All sums payable by Lessee to Lessor under this Agreement shall be made by Check to Sandra
Mesinger at 3025 47th Street, Boulder, Co 80301.

         2.4. Lessee may cancel this Agreement by providing written notice to Lessor no less than thirty (30) days
prior to the commencement of the Term, in which case Lessee shall be (i) liable for fifty (50%) percent of the
Rent, and (ii) entitled to a refund of any amount paid over and above fifty (50%) percent of the Rent. Lessee shall
not be entitled to cancel this Agreement if less than thirty (30) days remain prior to the commencement of the
Term, at which point Lessee shall be liable for the full amount of the Rent.


3. OCCUPANCY. The Property shall be occupied by no more than six (6) persons. The person(s) signing this
Agreement as Lessee must occupy the Property during the Term. No children under twelve (12) years old are
permitted on the Property and all persons between the ages of twelve (12) and twenty-one (21) must be
accompanied by an adult at all times while on the Property.

4. MAINTENANCE AND DAMAGE. Lessee acknowledges that, unless Lessee provides Lessor with notice to
the contrary immediately upon Lessee's occupancy of the Property, the Property and its contents shall be deemed
to be in good working order and repair at the commencement of the Term. Lessee agrees to immediately notify
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Lessor of (i) any damage to the Property or its contents, or (ii) any inoperable fixture or appliance. No refund of
Rent shall be provided due to a failure of any fixture or appliance resulting in short-term inconveniences. Upon
the expiration of the Term or earlier termination of this Agreement, Lessee shall immediately surrender the
Property in as good a condition as received, normal wear and tear excepted. A refundable damage deposit in the
amount of US$ __________ (the "Damage Deposit") is required to cover any damage to the Property above and
beyond normal wear and tear. Lessee will only be charged for damages above and beyond normal wear and tear,
if any. Should any such charges be imposed, Lessor will provide Lessee with an itemized description of such
charges within five business days (5)] days following the expiration of the Term. Lessor shall release any unused
portion of the authorization and destroy the credit card information no later than five business days (5)] days
following the expiration of the Term. Lessee shall be fully responsible for any and all damage to the Property
above and beyond normal wear and tear. The amount of the Damage Deposit shall not be construed as a
limitation on such liability.

5. TELEPHONE. Local telephone service is provided to Lessee at no charge as well as a vonage line for long
distance calls free of charge. The distinction between the two lines will be explained during the walk through of
Casa Alas at time of arrival.

6. TELEVISION. Cable television is provided at the Property at no charge; however, no refund of Rent shall be
given for outages, content, lack of content, or personal preferences with regard to any television service. Lessee
shall be responsible for any "pay-per-view" television charges incurred during the Term. If any "pay-per-view"
charges appear on the Property's monthly bill which charges were incurred during the Term, Lessee agrees that
such charges will be billed to Lessee's together with a service fee of US$10.00.

7. INTERNET. High speed wireless internet is provided at the Property at no charge; however, no refund of
Rent shall be given for outages, content, lack of content, speed, access problems, lack of knowledge of use, or
personal preferences with regard to internet service.

8. USE. At all times while on or adjacent to the Property, Lessee hereby covenants that Lessee and Lessee's
guests, agents and invitees: (i) shall behave in a civilized manner and shall not use the Property or permit it to be
used for any disorderly or unlawful purpose; (ii) shall not interfere with surrounding property owners' quiet
enjoyment of their respective properties; (iii) shall not use or permit to be brought onto the Property any illegal
controlled substances, firearms, fireworks, or other items hazardous to persons or property; and (iv) shall comply
with all reasonable rules and regulations which Lessor may make for the protection of the Property or the general
welfare and comfort of others.

9. SMOKING. No smoking of any kind is permitted inside any building located on the Property.

10. PETS. No animals or pets of any kind may be brought onto the Property.

11. SWIMMING POOL. Lessee hereby agrees that no minors shall be permitted to use the swimming pool
unless supervised by a responsible adult. Lessee is hereby notified that the swimming pool can be dangerous and
Lessee fully accepts the risks involved.

12. ASSIGNMENT AND SUBLETTING. Lessee shall not assign this Agreement nor sublet any portion of the
Property without the prior written consent of Lessor.

13. EVICTION. In the event Lessee breaches any of the terms of this Agreement, Lessor shall have the right,
but not the obligation, to evict Lessee and Lessee's guests, agents and invitees without notice, without any refund
of Rent, and without prejudicing or precluding Lessor's exercise of any other remedy available to Lessor, whether
set forth herein or otherwise allowed at law or in equity.

14. LIABILITY. Lessee shall be liable for Lessee's actions as well as the actions of Lessee's guests, agents and
invitees. If there is more than one Lessee, all Lessees are jointly and severally liable under this Agreement.
Lessee, for itself and as a representative of Lessee's guests, agents and invitees, hereby releases Lessor, Lessor's
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employees and Lessor's agents from liability for, and agrees to indemnify Lessor, Lessor's employees and Lessor's
agents against, any and all claims of personal injury (including death) or property damage or loss arising from
Lessee's or Lessee's guests', agents' or invitees,' use and occupancy of the Property regardless of the nature of the
accident, injury or loss. Lessee expressly recognizes that any insurance for property damage or loss which Lessor
may maintain on the Property does not cover the personal property of Lessee.

15. RIGHT OF ENTRY. Lessor hereby reserves for itself and any of Lessor's employees or agents engaged
with respect to the Property, the right to enter onto the Property at all reasonable hours for the purpose of
inspection, to make repairs as necessary and for the purpose of cleaning the Property.

16. ATTORNEYS' FEES. In any action or proceeding involving a dispute between the parties arising out of
this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and any expenses that shall be
made or incurred

17. NO IMPLIED WAIVER. Lessor's failure to enforce strict performance of any provision of this Agreement
shall not constitute a waiver of Lessor's right to subsequently enforce such provisions or any other provision of
this Agreement.

18. GOVERNING LAW. This Agreement shall be governed by and construed pursuant to the laws of the
United States and the State of Colorado, without reference to rules governing choice of laws. Any action relating
to this Agreement must be brought in the federal or state courts located in Boulder County, Colorado. Lessee
irrevocably consents to the jurisdiction of such courts.

19. EXAMINATION OF AGREEMENT. The submission of this Agreement by Lessee or Lessor for
examination by the other party shall not constitute a reservation of the Property. This Agreement shall become
effective only upon (i) its mutual execution and delivery by the parties, and (ii) the receipt by Lessor of the full
amount of the Reservation Deposit.

20. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement of the parties concerning the
Property. There are no other agreements, conditions or understandings, either oral or written, between the parties
that are not herein set forth. No modifications or additions to this Agreement shall be binding upon either party
unless reduced to writing and signed by each party. This Agreement and any modifications thereto, including any
photocopy or facsimile, may be signed in one or more counterparts, each of which shall be deemed an original
and all of which taken together shall constitute one and the same instrument.

Lessee acknowledges that Lessee has reviewed and understands the terms of this Agreement and agrees to be
bound by the terms and conditions of this Agreement.

LESSOR:                                                   LESSEE:

Name:                                                     Name:
Date:                                                     Date:



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