Hotel & Lodging Rental Agreement
In consideration of 7 Oaks Lodging, LLC renting the Lodge to the Guest (as defined below), and the Guest renting from 7 Oaks Lodging the Lodge, and the mutual benefits and obligations conferred by this agreement on the Parties, and in recognition of the receipt and sufficiency of said consideration, the Parties hereby agree to the following terms and conditions:
1. The Parties
This rental agreement (“Agreement”) is entered into between 7 Oaks Lodging, LCC (hereinafter “7 Oaks Lodging”) and the undersigned (and his/her/its employee(s), agent(s), or individual(s)) (hereinafter referred to as ”Guest”). Guest agrees to comply with the terms of this Agreement and all of the rules and regulations of 7 Oaks Lodging as posted and/or available to Guest. The rules and regulations are incorporated herein by reference and made a part of this Agreement.
The “Lodge” is the Unit(s) being rented shall be designated and shall be located on the premises of 7 Oaks Lodging.
3. Unit(s) Rented
The Unit(s) described equals the specified amount of individual lodges _____________________.
The “Term” of this rental shall begin on the ____ day of ___________, 20____ and end on the ____ day of ___________, 20____.
Guest agrees to vacate the Lodge and premises at the end of the Term or upon termination of the Agreement. Guest agrees and stipulates that this rental does not and shall not create a landlord/tenant relationship. Rather, it is for the rental of temporary housing during the Term and only creates a licensee relationship.
5. Lodging Cost and Payment
A. The price per unit is as follows:
Unit _________________________ – $_____/day
B. Payment in Full is Due:
At the time of booking for the entire term if less than 7 nights, or for 7 full nights if booking for an extended term. Payment for extended term rentals are due every Monday by 8:00 P.M. ALL PAYMENTS ARE NON-REFUNDABLE. Should a payment be made after 8:00 P.M., the payment is considered “late” and a $10 late fee will be added.
1. Daily Rental:
For a Rental Term from 1 to 7 nights—payment in full is due at the time of booking in the amount of the agreed upon nightly rate at the price per unit as set forth above, for the entire length of the Term.
2. Weekly or Week to Week Rental:
For a week to week Term (7 nightly rentals at a time)—payment is due at the time of booking in the amount of 1 week in advance at the agreed upon price per unit as set forth above and will be due thereinafter on a weekly basis to be paid on the first day of successive week(s) which will continue to be paid for the entire length of the Term, unless otherwise amended in writing.
3. Monthly or Month to Month Rental:
For a monthly or month to month Term (based on the amount of days in the relevant calendar month)—payment is due at the time of booking in the amount of 1 week in advance at the agreed upon price per unit as set forth above and will be due thereinafter on a weekly basis to be paid on the first day of the successive week and will continue for the entire length of the Term, unless otherwise amended in writing. Stays of 30 days or longer are tax-exempt in the state of Texas. Should you express intent to stay for more than 30 days, 7 Oaks Lodging will in good faith not require tax to be collected. Should Guest check-out before the 30 days, regardless of reasoning, 7 Oaks Lodging has the consent, understanding, and agreement of Guest to charge back tax to the card on file at any time.
Late Payment— If Guest/Company fails to provide payment on the agreed upon “due date,” 7 Oaks Lodging has the right to terminate this Agreement as well as immediately evict any and all Guests/ Employee(s)/Individual(s) that occupy the unpaid lodges. In addition, Guest agrees that it will be responsible for and pay a $10/day/unit late fee on all late payments.
6. Utilities and Other Expenses
7 Oaks Lodging is an “all bills paid” lodging provider and will be providing electricity, cable, internet, sewer, trash, and water.
7. 7 Oaks Lodging’s Responsibilities
7 Oaks Lodging agrees to rent to Guest the Lodge, as set forth above, for the Term beginning on the commencement date and ending on the termination date. 7 Oaks Lodging will regularly clean and maintain the grounds and Lodge in order to keep the Lodge in suitable condition for temporary housing and the area in an attractive condition. It is agreed that 7 Oaks Lodging is NOT and shall NOT be responsible for any and all lost or stolen personal property and items—it is Guest’s (and/or employee(s),’ individual(s)’ and/or Invitee(s)’) responsibility to secure and/or safeguard their personal property and items. Our insurance DOES NOT cover the loss of or damage to your personal property and items.
8. GUEST’s Responsibilities
Guest agrees to rent the Lodge for the entire Term beginning on the commencement date and ending on the termination date in “AS IS” present condition, the Lodge being currently suitable for the specific use as temporary housing. Guest agrees that he/she will fully and completely comply with the rules and regulations of 7 Oaks Lodging as posted and/or available to Guest. Guest shall keep and maintain the Lodge clean and well maintained at all times, so that the Lodge shall be in marketable and safe condition. Guest shall immediately notify 7 Oaks Lodging of any defective or dangerous conditions related to the Lodge or the premises. Guest shall make NO alteration, additions, improvements, or repairs to the Lodge, without prior written consent by 7 Oaks Lodging. Guest shall submit in writing to 7 Oaks Lodging any and all requests for repairs, replacements, and maintenance. Guest agrees and assumes to be liable to 7 Oaks Lodging for any and all damage caused by, arising from, or resulting from Guest’s use of the Lodge and premises, whether due to neglect, abuse, or intentional conduct. All companies housing Guests, including but not limited to their employees, contractors, agents, guests, friends, and family, assume full responsibility and liability for said Guests in all aspects including but not limited to injury and/or damage caused by, resulting from, or arising out Guest’s use, neglect, abuse, or intentional misconduct. Guests shall not use the premises for any purpose other than temporary housing.
If Guest does not vacate the Lodge and premises immediately following termination of this rental, Guest agrees it is in breach of this Agreement, will be trespassing, and agrees it must vacate the premises immediately upon receipt of notice from 7 Oaks Lodging. Under no circumstance shall holding over by Guest, whether with or without the consent of 7 Oaks Lodging, will extend the Term. Guest agrees that if he/she/it fails to vacate the Lodge and premises at end of the Term or after the rental is terminated, Guest will pay the current posted daily rental rate of $650.00 per night per unit as posted in the Lodge and/or on the premises, notwithstanding the Price Per Unit stated in this Agreement, and further will be responsible for immediately reimbursing any and all costs arising out of, resulting from, or caused by Guest, including but not limited to any and all thefts and/or damages to the Lodge, property belonging to 7 Oaks Lodging and its employees or agents, and all attorney’s fees, expenses, costs, and court costs incurred by 7 Oaks Lodging.
Guest is required to vacate the room no later than 12:00 P.M. on the check out date. Should the guest still remain in the room later than 12 noon but vacate before 6:00 P.M., the card on file will automatically be charged a late fee in the amount of 50% of the cost of the room. Should the guest still remain in the room later than 6:00 P.M., the guest will be charged for an additional night. Without valid payment, Guest agrees it is in breach of this agreement, will be trespassing, and agrees it must vacate the premises immediately upon receipt of notice.
9. Smoke-Free Lodging
Guest acknowledges and agrees that the Unit(s) or Lodge(s) to be occupied by the Guest and/or his/her employee(s), agent(s), or contractor(s) is and has been designated as a smoke-free facility. Guest and any occupants shall not smoke in any area of the Unit(s) or Lodge(s) or any other buildings on the premises nor shall they permit any visitors/guests to do so. A violation of this provision will be deemed and stipulated as a material breach of the Agreement and may serve as grounds for immediate termination of the Agreement by 7 Oaks Lodging, at its sole discretion. In addition, Guest agrees that it will immediately pay a $300 cleaning fee per Unit or Lodge.
Guest shall immediately pay and/or reimburse 7 Oaks Lodging for any and all losses, damages, consequential damages, government fines/charges, or cost of repairs/services to the Lodge(s) or units or premises caused by, arising from, or resulting of any (1) violation of the Agreement and/or the published rules and regulations of 7 Oaks Lodging, (2)use of the Lodges and/or premises, or (3) negligence, gross negligence, intentional conduct, malicious or willful conduct, or inappropriate/ improper conduct by the Guest or his/her/its employee(s), agents, contractors, agents and/or guests.
If the Guest defaults on the Agreement for non-payment, 7 Oaks Lodging agrees to provide notice to the Guest and Guest shall have one (1) day to cure such default. If the Guest fails to cure the default, then 7 Oaks Lodging has the right to declare Guest in default, accelerate the payments owed, and/or terminate the Agreement. If Guest breaches the Agreement for any other reason,7 Oaks Lodging shall have the right to declare Guest in default, accelerate the payments owed, and/or immediately terminate the Agreement without a right to cure such default. Guest shall be liable for all remaining payments and any and all damages arising out of, caused by, or resulting from said default, including but not limited to attorneys’ fees, costs, expenses, and costs of court. Guest agrees that if 7 Oaks Lodging declares Guest in default of the Agreement (other than as provided above for non-payment), Guest shall immediately vacate the Lodge and premises upon receipt of notice to vacate from 7 Oaks Lodging.
12. Entire RENTAL Agreement
This document supersedes any other writings in relation to the Lodge and premises and has authority over any oral agreements made between 7 Oaks Lodging and the Guest. The terms and conditions of this Agreement cannot be amended or modified unless in writing and signed by all parties.
13. Governing Law and Venue
This Agreement will be governed by and construed in accordance with the laws in the State of Texas. Any legal action, including filing any lawsuit shall take place only in San Angelo, Texas.
14. Early Termination
The Guest agrees to pay an early termination fee equal to 10% of the remaining balance for terminating an extended-stay rental of 120 days or more. Guest may not terminate the Agreement if Guest is in default.
15. Severability AND WAIVER
If any court determines that any provision of this Agreement is invalid or unenforceable, any invalidity or unenforceability will affect only that provision. It will not make any other provision of this Agreement invalid or unenforceable, and the Agreement (including the provision so declared) shall be modified, amended, construed, or limited only to the extent necessary to cause it to be valid and enforceable.
No waiver by any party to any right or remedy under this Agreement shall be effective unless in writing and signed by both parties. Neither the failure nor any delay in exercising any right, power, or privilege under this Agreement will operate as a waiver of such right, power or privilege and no single or partial exercise of any such right, power or privilege will preclude any other or further exercise of any right, power or privilege under this Agreement.
16. Occupancy/NO PETS
The lodging is for the temporary housing use solely for the Guest or Guest’s employee(s), agent(s), and/or contractor(s) who have signed this Agreement or using the Lodge pursuant to this Agreement. NO subletting is permitted and is void. Guest agrees that no pets are allowed and if Guest or his/her employees, agents, guests, or contractors violate this provision, Guest shall be liable and responsible for any and all damage or injury caused to the Lodge and premises by such pet(s) and will further pay a clean-up fee of $300/per Unit or Lodge. Occupancy is to be limited to 2 people per lodge unless otherwise agreed upon in writing. No air-mattresses, cots, roll-aways or any other type of bedding is allowed. “Floor Sleepers” are not permitted. All occupants of the room are required to provide valid photo identification as well as a valid credit card which is to be kept on file. The name on the credit card must match the name of the identification card. No exceptions will be made. Having an unauthorized overnight guest present in the room can and will be grounds to declare Guest in default and Guest will immediately vacate the lodge and premise upon notice to vacate.
7 Oaks Lodging has the exclusive right to regulate the time, manner, and place of parking for all motor vehicles including but not limited to all cars, trucks, motorcycles, semis, and other vehicles. We reserve the exclusive right to exclude any vehicle and/or have any and all unauthorized or illegally parked vehicles towed according to Texas State law at the owner/operator’s expense.
7 Oaks Lodging provides a complementary cleaning service which is neither supervised by 7 Oaks Lodging nor is it covered by the insurance of 7 Oaks Lodging. Guest agrees it is solely responsible for securing all personal property and/or items, and hereby releases 7 Oaks Lodging and its owners, employees, and agents from any and all liability for the loss or damage to any and all personal property and/or items. Should the room require excessive cleaning in order to restore it back to the original state, either at the regularly scheduled weekly cleaning service and/or at check out, guest will be charged a $30 cleaning fee.
19. Right of Entry
Guest grants 7 Oaks Lodging and its owner the right to enter the Lodge(s) in the event of an emergency and/or during reasonable hours to make necessary repairs, alterations, or agreed upon services (such as cleaning). 7 Oaks Lodging shall endeavor to provide prior notice to Guest and attempt to obtain prior consent for entry, but is not required to do so as condition precedent to enter the premises. Consent will be presumed from the Guest’s failure to object to access after notice is given. The Guest shall not unreasonably deny access to the Lodge.
20. Restrictions on Use/ILLEGAL SUBSTANCE
Guest shall not violate or interfere with the quiet enjoyment of other guests or invitees on the premises. Guest shall comply with any and all criminal or civil laws, ordinances, or statutes. Guest shall keep the premises clean and sanitary, and shall not commit waste or nuisance, annoyance, molest, disrupt, threaten, or interfere with any other guest(s), invitee(s), employee(s) or agents of 7 Oaks Lodging, or any individuals permitted by 7 Oaks Lodging to be on the premises. Guest shall not be in possession of or use any illegal substances or drugs in or on the Lodge or premises. Guest agrees that a breach of these restrictions in this paragraph and/or the rules and regulations of 7 Oaks Lodging can and will be grounds to declare Guest in default and Guest will immediately vacate the Lodge and premises upon notice to vacate.
21. Indemnification and Insurance
Guest shall indemnify, defend, and hold harmless 7 Oaks Lodging and its owners, affiliated companies, employees, officers, directors, and/or agents from and against any and all claims, demands, cause of actions, losses, damages, or liabilities (including but not limited to attorney’s fees, costs of court, and all other expenses of litigation) for any property damage, personal injury, death, or other injuries or damages by any cause, including but not limited to negligence, gross negligence, intentional conduct, or willful or malicious conduct, that are related to, resulting from, or arising out of (1) Guest’s conduct or failure to act, (2) the conduct or failure to act of Guest’s employee(s), agent(s), guest(s) and/or invitee(s), and/or (3) the conduct or failure to act of 7 Oaks Lodging, its owners, affiliated companies, employees, officers, directors, or agents, including their own negligent conduct (except to the extent caused by 7 Oaks Lodging’s gross negligence or willful misconduct). The provisions of this article shall survive the termination of this Agreement with respect to any claims, damages, or liability. Guest further agrees to name 7 Oaks Lodging and affiliated companies as additional insureds under his/her/its insurance.
22. Alternative Dispute Resolution
7 Oaks Lodging and Guest agree, as a condition precedent to filing a lawsuit, that the parties will mediate in good faith. The mediation must take place not less than 30 days prior to filing suit. If a party refuses or fails to mediate, then the other party is permitted to file a lawsuit without the mediation occurring.
23. Abandoned Property
7 Oaks Lodging maintains a “lost and found,” as a courtesy for any property (other than food and personal hygiene items or items deemed unfit or unsanitary to retain, which will be disposed of immediately) that are left in the Lodge(s) after Guest or its employee(s), agent(s), or contractor(s) vacate the Lodge(s), for a time period of 7 days or 168 hours—even if the Guest has the Lodge under lease, in order that 7 Oaks Lodging may prepare the Lodge for the next guest. 7 Oaks Lodging reserves the right to retain, destroy, or dispose of any property left on the premises at the end of the 7 day/168 hour period. Notwithstanding 7 Oaks Lodging maintaining the “lost and found” as described herein, 7 Oaks Lodging shall not be responsible for or liable for the property or determining who is the rightful owner of the property. 7 Oaks Lodging shall not be deemed a bailor of the property and shall not be responsible or liable for the condition of the property.