Please email a government issued photo along with names/ages of those in guest party to (see note for minor children): donna@gracelanepropertiesllc.com.
General Provisions
· The Mercy Me Short-Term Rental Agreement (hereinafter called "Agreement") is made and entered into by and between undersigned Guest and Owner/Representative pursuant to which the Guest has agreed to rent property owned by Owner (hereinafter called “Property”), a privately held home in Pawley’s Island, South Carolina, USA, for the duration of the Rental Term for the Total Rental Fee and other good and valuable consideration as described herein.
· Pursuant to this Agreement, any notice, change, amendment, and/or modification under this Agreement shall be in writing and sent to the contact information included herein. Execution of a digital signature by Owner/Representative shall be deemed a valid signature. Agreement must be signed by Guest and returned to contact listed herein..
· The terms “Guest” and “Owner” shall include each of their respective Representative(s), Agent(s), Owner(s), Successor(s), Heir(s), Assign(s), Employee(s), Contractor(s), and others associated with the Property.
· The waiver or failure to enforce any breach or provision of this Agreement shall not be considered a waiver of that or any other provision in any subsequent breach thereof. If any provision herein is held invalid, the remainder of the Agreement shall not be affected.
Minimum stay
Annually, between the months of:
· June (or any nights in June) through August (or any nights in August): Property requires a minimum seven (7) night stay commencing on Saturday at 16:00 (4:00 p.m.) and ending the following Saturday at 10:00 a.m. Additional seven (7) day periods may be added whether or not concurrent.
· September - May: Property requires a three (3) night minimum stay. Check-in is at 16:00 (4:00 p.m.) and check-out is 10:00 a.m. Exceptions may be made with prior Owner/Representative approval.
Booking
· Booking Guest must be at least Twenty-Five (25) years of age to rent Property and must reside at Property for duration of the rental term.
· Owner/Representative has right to refuse rental, even if rental possession has occurred in which case, no refund will be given to Guest.
Assignment and/or Sublease
· Guest shall not assign and/or sublease the Property or permit the use of any portion of the Property by anyone not a Guest and included within the number of and as permitted Guests under this Agreement.
Occupancy
· Property has a maximum total number of Twelve (12) Guests. Guest agrees that no more than Twelve (12) persons shall be permitted at the Property at any time during the Rental Term, all of whom shall comply with the conditions and restrictions imposed upon Guest under this Agreement. (Exceptions to occupancy number includes infants and/or toddlers. Guests with children shall be at the Guest’s sole responsibility. Home is not child proof.)
· Other exclusions and/or restrictions could apply.
Payment / Confirmation
· Payment required at time of booking. Confirmation provided when payment received in full on a first come, first serve basis. Owner/Representative has no control over any booking agency or its policies.
Entry and Inspection
· Owner/Representative reserves right to enter Property at reasonable times and with reasonable advance notice for the purposes of inspecting the Property, or for maintenance reasons, as applicable, with authorized persons.
· If Owner/Representative has a reasonable belief that there is imminent danger to any person or to the Property, Owner/Representative may enter Property without advance notice.
Condition and Use of Property
· Owner/Representative shall use best efforts to ensure the proper operation of all amenities in the Property, such as TV/internet access, heat/air, kitchen appliances, etc. Owner/Representative shall not be held responsible for such item’s failure to work, but will make every effort to correct reported issues as quickly as possible.
· If Property appears unclean, damaged, or unfit for use upon check-in, Guest shall inform Owner/Representative by telephone within one (1) hour and Owner/Representative given opportunity to investigate and/or correct reported issue. A maximum discount of Twenty Dollars ($20.00) per item/per stay will be applied for amenities unavailable during Guest’s stay.
· Guest shall use Property for residential purposes only and in a careful manner to prevent any damage or loss, and keep in clean and sanitary condition at all times.
· All Guests shall refrain from loud noise and not disturb, annoy, endanger, or inconvenience neighbors, nor shall any Guest use the Property for immoral, offensive, and/or unlawful purposes, nor violate any law, association rules or ordinance, nor commit waste or nuisance on or about the Property.
Pet Policy
· Property is dog friendly for HOUSEBROKEN dogs with prior Owner/Representative approval and non-refundable $350.00 per dog fee. There is a maximum of two (2) dogs during same Guest’s stay.
· Guest must request, complete, and return the Mercy Me Pet Policy & Addendum (separate document)
· Exclusions apply
Cancellation Policy
**Guest Cancellation after payment and within sixty (60) days of agreed upon arrival date:
· No refund, unless approved in writing, in advance by Owner/Representative
· Guest must allow no less than Thirty (30) days for monies to be returned, if applicable.
**Guest Cancellation after payment and prior to sixty (60) days of agreed upon arrival date:
· Cancellation must be received in writing and Owner/Representative must agree and sign.
· If after Guest cancellation, Property is re-rented for the same time period, same monies, and paid in full as cancelling Guest’s original reservation, original Guest will receive monies back, less a Fifteen (15%) handling fee of the total rental amount.
· If after Guest cancellation, Property is re-rented for less money and/or fewer days as cancelling Guest’s original reservation, cancelling Guest will be charged for the shortage in rent and any Guest balance returned less a Fifteen (15%) handling fee of the total rental amount.
· If after Guest cancellation Property is not re-rented, no monies shall be returned to Guest.
**Owner/Representative cancellation:
· If Owner/Representative cancels Guest’s reservation at any time due to unavailability of Property, Owner/Representative will refund any unused portion of the Guest’s payment.
· Owner’s liability will be limited to Guest’s payment to Property and this Owner only except where an agency is used to obtain the booking, any fees incurred by Guest will be between the booking agency and Guest, not the Owner.
· If Owner/Representative cancels Guest’s reservation due to any other cause, including, but not limited to, destruction of Property, violation of noise ordinance, underage Guests who have rented, and/or other option Owner/Representative feels is of concern to the safety of Property, no monies will be refunded to Guest.
Inclement Weather
· No Guest refund due to inclement weather unless The National Weather Service, National Oceanographic and Atmospheric Administration (NOAA), the Town of Pawley’s Island, South Carolina or the Georgetown County, South Carolina Emergency Management Division order mandatory evacuation for the Pawley’s Island, SC/Litchfield Beach, SC area. The day/date such an order is given, the following will occur:
o If Guest is currently occupying Property: any unused portion of the Guest rental amount (prorated by day, minus cleaning fee, pet fee, and booking agency fee) will be refunded, if applicable;
o If Guest is not yet occupying Property: any unused portion of Guest rental amount will be refunded less booking agency fee, if applicable.
Property Unavailability
· If Property not available during any part of Rental Term due to reasons, events, or circumstances beyond Owner/Representative’s control, Owner/Representative will apply due diligence and good faith efforts to locate a replacement property that equals or exceeds Property with respect to occupancy capacity, location, and value that meets the reasonable satisfaction of the Guest.
· If a replacement property is not available, Owner/Representative shall return all unused payments made by the Guest, whereupon this Agreement shall be terminated and Guest/Owner/Representative shall have no further obligations and/or liabilities.
Swimming Pool (year round)/Spa (heated seasonally - approximately October-February - please inquire prior to booking:
PLEASE READ CAREFULLY. BY BOOKING THIS PROPERTY, YOU CHOSE TO WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.
When booking Mercy Me, a private vacation home in Pawley’s Island, South Carolina, USA, you understand and are agreeing to the following:
I wish to swim in the pool during the length of stay booked at your vacation home. By swimming in the vacation home pool, I recognize and fully understand certain things, including:
• At no time is there a lifeguard on duty, you (the Guest) are responsible for the safe use of the pool and are responsible for all persons using the pool during your stay.
• My use of the pool during my stay involves certain risks, including but not limited to:
1. The risk of injury resulting from possible malfunction of the pool, or any other item on the property; 2. The risk of injuries resulting from tripping or falling over obstacles in, on, or around the pool, or any other items on the property; 3. The risk of injuries resulting from unsupervised swimmers colliding; 4. The risk of other injuries resulting from participating in any action in/around pool or other items on property.
• I recognize and fully understand that the above list is not a complete or exhaustive list of all possible risks; the list only provides examples of types of risks that I am assuming.
In exchange for Owner/Representative allowing me to utilize pool, spa, and any other item on property during my stay, I agree to the conditions below. I fully intend and choose to give up the legal rights, as stated below:
TO WAIVE ANY AND ALL CLAIMS that I have or may have in the future against the Owner, Representative, its directors, officers, employees, or agents (hereinafter referred to as the “Releasees”) relating to my use of the pool, spa, or any other items on property;
TO RELEASE THE RELEASEES from any and all liability for any loss, damage, injury, expense, or other cost that I may suffer or that my next of kin, or any guest at the home during my stay, may suffer in connection with my use of the Releases pool, spa, and any other item on property to any cause whatsoever, INCLUDING NEGLIGENCE ON THE PART OF THE RELEASEES; TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability to property, or personal injury to, any third party, resulting from the use of the pool, spa, or any other item on property.
That I am over the age of 25 years and that I am responsible and will adhere to all the rules of the property;
That this Waiver, Release, and Agreement is fully effective and shall be effective and binding upon me, and my heirs, next of kin, executors, administrators, and assigns, or anyone else authorized to act on my behalf or on behalf of my estate.
Default
· If Guest should fail to comply with the conditions and obligations of this Agreement, Guest shall surrender the Property, remove only Guest’s property and belongings, and leave the Property in good order and free of damage. No refund of any portion of the Total Rental Fee shall be made.
· If legal action is necessary, the prevailing party shall be entitled to reimbursement from the other party for all costs incurred, including, but not limited to, legal fees, repair, replacement, etc.
Risk of Loss and Indemnification
· Guest hereby covenants and agrees to indemnify and hold harmless Owner and their Representative(s), Agent(s), Owner(s), Successor(s), Heir(s), Assign(s), Employee(s), and/or Contractor(s) from and against any costs, damages, liabilities, claims, legal fees and other actions for any damages, costs, attorney’s fees incurred by any Guest, Visitor, Agent, Representative, and/or Successor due to any claims relating to destruction of property or injury to persons or loss of life sustained by any Guest in or about the Property and Guest expressly agrees to save and hold Owner harmless in all such cases.
Additional fee schedule
· Use of hot tub during stay: $375.00/heated seasonally approximately October-February and must have prior Owner/Representative approval)
· Early check-in or late check-out without prior authorization: $250.00
· Either set of keys not left: $250.00
· Moving air conditioning controllers: $250.00
· Missing towels: $8.00 each
· Missing sheet(s): $20.00/item
· Furniture moved from original location: $50.00
· Air conditioning frozen: market value
· Sliding doors off track: $250.00
· Not moving garbage to outside can or not taking can to street: $20.00 – note: all trash must be inside can (none outside of can) and at street for 4:00AM pickup
· Removing Mercy Me items – replacement cost of item
· Pet, if applicable, with Pet Addendum: $350.00, per dog, maximum of Two (2) approved dogs
· Non-approved dog: $500.00 per dog
· Using fireplace and not cleaning ashes prior to departure: $150.00
· Cigarette, cigar, vaping devices whose smoke enters Property: market value for extra cleaning, not less than $350.00
Release
· Guest hereby waives and releases any claim against Owner, their Representative(s), Agent(s), Successor(s), Heir(s), Assign(s), Employee(s), and/or Contractor(s), officially or otherwise, for any injuries or death that may be sustained by Guest on or near or adjacent to the Property, including any common facilities, activities and/or amenities.
· Guest agrees to use any such facilities or amenities entirely at Guest’s own initiative, risk, and responsibility.
Guest agrees to abide by the Mercy Me Short-Term Rental Agreement, along with all house rules and procedures at all times.
Approved guests at Mercy Me for all/part of rental term.
Note: if guest is under the age of 18 years, simply list: "minor child."
Guest #1 - name/age ___________________________________________________________
Guest #2 - name/age: ___________________________________________________________
Guest #3 - name/age: ___________________________________________________________
Guest #4 - name/age: ___________________________________________________________
Guest #5 - name/age: ___________________________________________________________
Guest #6 - name/age: ___________________________________________________________
Guest #7 - name/age: ___________________________________________________________
Guest #8 - name/age: ___________________________________________________________
Guest #9 - name/age: ___________________________________________________________
Guest #10 - name/age: __________________________________________________________
Guest #11 - name/age: __________________________________________________________
Guest #12 - name/age: __________________________________________________________
Note: for any reservation accepted by an online booking agency, this Agreement is made part of the process and will be accepted as such once any booking payment is made; however, this document must still be signed and returned by Guest.
I am aware that by booking this property I am agreeing to all of the above. We appreciate all our guests being respectful of the home at all times.
Guest: Print, sign, and email to: donna@gracelanepropertiesllc.com.
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Guest Signature
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Guest Printed Name
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Date
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THANKS AND WE LOOK FORWARD TO HOSTING YOU!