SHORT TERM RENTAL AGREEMENT: For instructors of the School of Yoga and Nature Arts
This Short Term Rental Agreement (the “Agreement”) is made and entered into as of ________________ (the “Effective Date”), by and between Yurts of Lake Superior LLC, a Minnesota limited liability company (“Yurts”) and ________________(“Guest”) (Yurts and Guest are collectively, the “Parties”).
The Parties hereby agree as follows:
1. Short Term Rental. Yurts agrees to rent to Guest, including the Rental Party, and Guest agrees to rent from Yurts, that portion of the real property located at 990 Main Street, Beaver Bay, MN 55601 consisting of the [Studio Space] / [Lodging Yurt] / [Both] (circle one) (the “Property”) during the Term set forth herein. Guest may occupy the Property beginning at ___________________ (the “Check-In”) and ending at ___________________ (the “Check-Out”), unless earlier terminated (Check-In through Check-Out is the “Term”).
2. Rental Party. The maximum number of overnight guests in the Rental Party is limited to two persons. The “Rental Party” shall consist of Guest, any other overnight guests, and any other guests visiting the Property; provided, however, no more than the Rental Party shall be allowed to stay overnight.
3. Rental Fees. Guest agrees that in exchange for Guest teaching classes at the Property, Yurts agrees to waive any rental fee; provided, however, in the event that Guest damages the Property, Yurts reserves the right to charge, and Guest agrees to pay, a reasonable rental fee based on the commercial value of the Guest’s use of the Property, in addition to all other damages to which Yurts may be entitled.
4. Cancellation Policy. [intentionally omitted].
5. Furnishing. The Property is furnished and includes, among other things, those appliances, furnishings, and other equipment set forth in Exhibit A (collectively, the “Furnishings”). Yurts attempts to ensure all Furnishings are in good working order at Check-In. Notwithstanding the foregoing, Yurts makes no representation or warranty as to the condition or functionality of any of the Furnishings during the stay. Guest is responsible for notifying Yurts of any pre-existing condition of the Property or Furnishings at the time of Check-In or as soon thereafter as any condition is identified, but in no event more than 12 hours following Check-In. If any damage is disclosed at or discovered after Check-Out, Guest will be responsible for the same. Guest acknowledges and agrees that it shall be responsible for any damage to the Property or any Furnishings. Guest shall promptly pay any such amount to Yurts upon demand.
6. Rental Rules. Guest agrees to abide by the Property rental rules (“Rental Rules”) at all times while at the Property and shall cause all members of the Rental Party and anyone else Guest permits on the Property to abide by the Rental Rules while at the Property. A copy of the Rental Rules are attached hereto as Exhibit B and incorporated herein by reference. The Rental Rules are also provided at the Property. Guest and the Rental Party shall use the Property only in accordance with the Rental Rules.
7. Access. Guest shall allow Yurts access to the Property for purposes of repair and inspection as necessary. Yurts shall exercise this right of access in a reasonable manner.
8. Termination. In the event Guest violates this Agreement, including any Rental Rules, Yurts may immediately terminate Guest’s stay. Upon such termination, Guest shall immediately vacate the Property. Notwithstanding the foregoing, Yurts’ termination of this Agreement shall not limit Guest’s liability or reduce Yurts’ actual damages caused by Guest’s violation of the Rental Rules or this Agreement, including any property damage caused by Guest, the Rental Party, or any other licensees or invitees of such persons.
9. Guest Assumption of Risk. Guest assumes all risk of liability or loss in connection with its use or occupancy of the Property. Guest shall not look to Yurts, any owner of the Property, or any such person’s insurer in connection with any liability or loss arising out of or related to Guest’s use or occupancy of the Property. Guest, and each of its invitees, if any, shall only look to Guest and its own insurer. Guest agrees to indemnify and hold Yurts and any owner of the Property harmless from and against any and all claims, damages, liability, or losses arising out of or related to Guest’s or any third-party’s use or occupancy of the Property, whether in personal injury, property damage, or any other loss, regardless of nature. Guest expressly recognizes that any insurance for property damage or loss which Yurts or any owner of the Property may maintain on the Property does not cover the personal property of Guest, and Guest shall maintain its own insurance for itself, the Rental Party, and any third-party Guest allows on the Property during its stay. Without limiting the foregoing, Guest acknowledges and agrees that as a condition of the rental provided herein, Guest shall sign and return to Yurts the Liability Waiver and Release, attached hereto as Exhibit C, the terms of which are incorporated herein by reference.
10. Transient Use of Property. Guest expressly acknowledges and agrees that this Agreement is for transient occupancy of the Property solely as a short-term rental, and that Guest does not intend to make the Property a residence, household, or otherwise maintain any presence upon the Property following the Term. Guest agrees to vacate the Property at the Check-Out. Guest acknowledges and agrees that it is not a “tenant” under Minnesota law, and as a result, that it does not have any of the rights provided to a “tenant” therein. Guest waives all rights to process if it fails to vacate the Property at Check-Out, and agrees that Yurts may undertake any and all remedies, including, but not limited to self-help, to which it is entitled as a matter of law or equity, should Guest fail to vacate the Property at Check-Out.
11. Shortened Stays and Conditions. Guest acknowledges and agrees that it shall not be entitled to any credits or other amounts due to shortened stays, interruptions of stay, or ruined expectations, whether due to Yurts or the Guest Party, and whether or not caused by or resulting from any floods, storms, adverse weather, fires, explosion, utility failures, vandalism, riots, acts of God, orders or acts of military, government regulation, civil authority, pandemic, epidemic, national emergencies, or any other cause beyond the reasonable control of Yurts.
12. Guest Property. If Guest leaves behind valuable personal property, Yurts will use commercially reasonable efforts to locate, hold, maintain, and facilitate the return of such items to Guest. Yurts shall not be held liable for any such items, and Guest shall be solely responsible for the cost and expense and risk of loss of any such return. If items are not identified and claimed within 30 days of Check-Out, they will be presumed abandoned, and Yurts shall been titled to dispose of them in its sole discretion.
13. Attorney’s Fees and Collection Costs. Guest agrees to pay all reasonable costs, attorney's fees and expenses that shall be made or incurred by Yurts arising out of or related to its enforcement of this Agreement.
14. Governing Law, Venue, and Personal Jurisdiction. This Agreement shall be construed and enforced in accordance with the laws of the State of Minnesota, without regard to its choice of law principles. Any action arising out of or related to this Agreement or the Property shall be properly venued, and the Parties agree to submit to personal jurisdiction, before the Courts situated in either Hennepin County, Minnesota or the County in which the Property is located.
15. Payment. [intentionally omitted].
EXHIBIT A
FURNISHINGS
Bed (x2)
Fridge
Microwave
Coffee Maker
Walk-in Glass Shower
Large Screen TV
Plastic Tables (x4)
Plastic Chairs (x12)
EXHIBIT B
RENTAL RULES
1. Smoking/vaping is NOT allowed in the Property.
2. Guests must adhere to all occupancy limits. Any other person, guest, invitee, or licensee on or about the Property is the sole responsibility of Guest.
3. Due to the unique hazards of the Property, Guest and any other person, guest, invitee, or licensee must be at least 18 years of age. Yurts is not responsible for any accidents, injuries, illness, or death that occurs while on or about the Property, including, but not limited to those caused or arising from any, rocks, cliffs, water, wet or uneven terrain, trees and roots, organic materials, natural or property conditions, weather conditions, or any other hazards or conditions on or about the Property or land upon which the Property is situated, each of which are at the Guest’s sole risk. Yurts is not responsible for the loss of personal belongings or valuables of the Guest. By staying at the Property, Guest and the Guest Party are expressly assuming the risk of any harm arising from their use of the Property or others whom they invite to use the Property.
4. Guest agrees to keep the Property and all Furnishings in good order and condition.
5. Guest will use, and permit to be used, appliances, Furnishings, and equipment consistent with their intended uses.
6. Pets are NOT allowed at the Property, except for service animals approved by Yurts in advance.
7. Parking is limited to one (1) vehicle. Vehicles are to be parked in designated parking areas. DO NOT PARK ON THE LAWN. The septic mound is concealed, and Guest is responsible for any and all damage caused by its failure to park in designated parking areas, including, but not limited to, damage to the septic mound. Visitors of Guests may not park at the Property during any time in which any other occupant outside of the Guest Party is utilizing a portion of the Property; there may be times when traffic is heavy and parking is congested. Any illegally parked cars are subject to towing; applicable fines/towing fees are the sole responsibility of the vehicle owner.
8. Guest is nevertheless responsible for leaving the Property in a broom-clean condition and returning all Furnishings to their proper places upon Check-Out, and otherwise leaving the Property in a neat, clean, and tidy condition.
9. The Property is on a well and septic systems. The mineral content in the water is high. During a drought, the well water may have an odor. The septic system is very effective; however, it will clog if improper material is flushed. DO NOT FLUSH anything other than human waste and toilet paper. If it is found that improper products have been flushed, which clog the septic system, you will be charged for all costs incurred to repair or unclog the septic system.
EXHIBIT C
LIABILITY WAIVER AND RELEASE
Please read carefully. This Liability Waiver and Release affects rights you may have if you or others suffer personal or property loss, injury, illness, death, or other damages related to your access of the property contemplated herein. This Liability Waiver and Release (“Liability Waiver”) is entered into by the undersigned guest(s) (each, a “Guest”),for the benefit of TH Property LLC (“THP”), Yurts of Lake Superior LLC, a Minnesota limited liability company(“Yurts”), and School of Yoga and Nature Arts LLC, a Minnesota limited liability company (the “School”) (THP, Yurts, and the School are collectively, the “Property Parties”) and each of the Released Parties, as such term is defined herein.
In exchange for Guest’s ability to rent, stay at, utilize, access, or visit any property owned, rented, or otherwise utilized by the Property Parties (the “Property”), and otherwise obtain services offered by the Property Parties, or arising out of, related, or incidental thereto (collectively, the “Services”), Guest, on Guest’s own behalf and on behalf of all other guests, invitees, or licensees included in Guest’s reservation, booking, or otherwise permitted by Guest to access the Property (the “Guest Group”), and each of their respective personal representatives, heirs, estates, next of kin, and any other person or entity claiming by, through, or on behalf of such member of the Guest Group (collectively, the “Guest Parties”) agrees to the following terms and conditions:
1. GUEST, INDIVIDUALLY AND ON BEHALF OF THE GUEST PARTIES, ACKNOWLEDGES ANDAGREES THAT THE PROPERTY PARTIES ARE ONE OF MANY PROVIDERS OF SERVICES OFSUBSTANTIALLY THE SAME NATURE AS THOSE PROVIDED HEREIN, INCLUDING, BUT NOTLIMITED TO, SHORT TERM RENTALS, EVENT RENTALS, AND FACILITY RENTALS, AND THAT THEGUEST AND GUEST GROUP IS ABLE TO SEEK SUCH SERVICES THROUGH OTHER PARTIES, NOTINVOLVING THE PROPERTY PARTIES. GUEST IS AWARE AND UNDERSTANDS THAT THE SERVICESMAY INVOLVE THE RISK OF SERIOUS INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE,INCLUDING, BUT NOT LIMITED TO, ROCKS, CLIFFS, WATER, WET OR UNEVEN TERRAIN, TREESAND ROOTS, PLANTS AND ORGANIC MATERIALS, NATURAL AND PROPERTY CONDITIONS,WEATHER CONDITIONS, AND OTHER HAZARDS. NOTWITHSTANDING THE ACTUAL OR POTENTIALRISK, GUEST ACKNOWLEDGES THAT THE GUEST GROUP IS VOLUNTARILY ACCEPTING THESERVICES WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREES TO ACCEPT ANDASSUME ANY AND ALL RISKS OF INJURY, ILLNESS, DISABILITY, DEATH, AND/OR PROPERTYDAMAGE, ARISING OUT OF OR RELATED TO THE GUEST GROUP’S UTILIZATION OF THEPROPERTY.
2. Guest, individually and on behalf of the Guest Parties, hereby RELEASES AND FOREVERDISCHARGES the Property Parties and each of their respective owners, members, officers, directors, managers, employees, contractors, agents, representatives, insurers, affiliates, successors, assigns, predecessors in interest, parent, subsidiaries, and all other guests, participants, or other parties involved in or associated with the Property(collectively, the “Released Parties”) from any and all claims, demands, actions, causes of action, damages, loss, or liability of any kind or nature, including, but not limited to: (a) any personal, property or other injury, damage, or loss, direct or indirect, to any person or entity and any such person’s or entity’s property; and (b) any personal or bodily injury to Guest or any Guest Party, including, without limitation, death, disability, illness, or personal injury, which may occur during, about, or otherwise in connection with the utilization or access of the Property (the “Released Claims”). Guest further agrees and covenants not to initiate any lawsuit or legal proceeding against any Released Parties relative to any Released Claims and agrees to fully indemnify and hold harmless the Property Parties and all Released Parties, including without limitation, from and against, any and all losses, damages, liabilities, costs, attorneys’ fees and expenses, in the event Guest, a Guest Party, or such Guest’s or Guest Party’s family, spouse, heirs, estate, assigns, representatives, successors, assigns, or other person or entity pursues any Released Claim on behalf of Guest or any Guest Party, or if the Property Parties otherwise have to take any action to enforce the provisions of this Liability Waiver. Notwithstanding anything to the contrary contained herein, the Released Claims shall not include, and Guest does not release or discharge the Property Parties or any Released Parties from or against, such party’s intentional, willful, or malicious acts.
3. Guest ACKNOWLEDGES, REPRESENTS, AND AGREES that: (a) in addition to all other rights provided herein, Guest hereby grants to the Property Parties the right to use Guest’s and Guest Group’s names, images, voices, likenesses, and reviews, including any photograph, video, audio, writing, or any other recording, depiction, or description of the Guest Group’s involvement, experience, or stay at the Property shared by Guest without compensation, reservation, review, or limitation of any kind or nature; (b) Guest has read the foregoing Liability Waiver, understands it and is signing it voluntarily; (c) the Property Parties have made no representations, statements, or inducements, apart from the foregoing releases; (d) Guest is at least 18 years of age and fully competent to provide the releases contained herein; (e) this Liability Waiver is executed for full, adequate and complete consideration; (f) this Liability Waiver shall be binding upon and inure to the benefit of the Property Parties, Released Parties, Guest, Guest Parties, and each of their respective successors and assigns; (g) this Liability Waiver shall be governed by and construed in accordance with the laws of the State of Minnesota, without regard to the principles of conflict of laws, and in the event that any term of this Liability Waiver is held to be invalid, illegal, or unenforceable in any respect, that holding shall not affect the validity, legality, and enforceability of any other term; (h) any claim or controversy arising out of or related to the Property or this Liability Waiver shall be submitted to binding arbitration in the State of Minnesota. Guest SPECIFICALLY ACKNOWLEDGES THAT THISLIABILITY WAIVER SHALL SERVE AS AN UNEQUIVOCAL WAIVER OF THE RIGHT TO A JURY TRIALOR BENCH TRIAL IN A COURT OF LAW; and (i) Guest agrees and acknowledges that the insurance carried by the respective Property Party in connection with the Property shall be and provide Guest’s or any Guest Party’s sole recourse against the respective Property Party for all claims, losses, liabilities, attorneys fees, and expenses of any kind arising out of, or in any way connected with, the Activity which are not otherwise released by this Liability Waiver and, in no event, shall the Property Parties or any Released Party be liable to Guest, the Guest Group, or the Guest Parties for any amounts beyond the coverage provided by such insurance.