This Vacation Rental Agreement this “Agreement” is made by and between Hidden Leaf Baja“Owner” and as identified on the signature page “Guest”. Owner and Guest may be referred to individually as “Party” and collectively as “Parties.” For good and valuable consideration, the sufficiency of which is acknowledged, the Parties agree as follows:

1. Property.  The “Property” is owned by Owner. The Property is fully furnished by Owner and equipped for light housekeeping. The following amenities are included in the Property:

  • Microwave
  • Dishwasher
  • Refrigerator
  • Washer/dryer
  • Linens
  • Cable
  • Wifi
  • Hot tub*
  • 2 grills
  • Heated saltwater pool
  • 3 fireplaces
  • Outdoor bathroom
  • Outdoor shower

*Hot Tub Disclaimer

Guest acknowledges that there are certain risks associated with hot tubs. Use of the hot tub is at the user’s own risk, and Owner will not be responsible for any injuries.

Excessive Use: The Property Rental provides Guest with enough water and gas for the duration of Guest’s stay. Should any gas or water be used in excess, and need to be replenished, Guest will be charged the appropriate fee to replenish.

Events: Events are not permitted at the Property. Rental of the Property does not include the use of the Property for an Event. “Event” is the hiring of musical entertainment, professional catering, rentals of music or entertainment equipment, among other event services, and entertaining of more than 20 visitors at the Property. Nomusic / entertainment equipment must be installed or brought to the property during the Rental Period. Guest agrees to use the provided speakers on the Property. Should Guest hold an Event on the Property, Guest will be responsible to pay an additional fee of $3,000 USD, plus loss of Security Deposit.If any neighbors report excessive noise, your Agreement could be terminated and Guest will be asked to leave the Property. Should this happen, it will result in a loss of the rental amount. If a noise complaint is reported, Guest will be charged $100 for the first complaint and $200 for each additional complaint.The Owner reserves the right to end music/entertainment for not following these rules.

  1. Rental Party.  The minimum age for all guests is 25. Guests under the minimum age must be accompanied by a parent or legal guardian.As the renter, Guest agrees to be an occupant of the Property for the entire duration of the rental. Guest agrees to be solely responsible for their actions and the actions of all family members, guests, and invitees collectively, “Rental Party” present at the Property at any time during their stay, and to ensure that all Occupants understand and comply with the Terms. All persons in the Rental Party will be bound by the terms of this Agreement.
  2. Maximum Occupancy.  The maximum number of persons allowed to stay in the Property is limited to 12, unless the Owner gives prior written consent. The number of people present at the Property may not exceed the maximum posted occupancy unless Owner has given Guest advance written permission to hold an event at the Property, in which case the number of people present at the Property may not exceed the maximum number of people authorized by Owner.
  3. Visitors.“Visitor” is an occupant of the Property who is not staying overnight. The total number of visitors permitted at the Property at any given time, is20,unless the Owner gives its prior written consent.
  4. Rental Period & Check-In.  The term of this lease will be from the “Arrival Date” to “Departure Date”. The Property will be ready for Guest’s occupancy beginning at “Check-In”time on the Arrival Date and the Property must be vacated by “Check-Out”time on the Departure Date, unless otherwise agreed by Owner. If Guest or any member of the Rental Party remains on the Property beyond the Departure Date, Guest will be responsible to pay the rental rate for the period of time between Departure Date and the actual date Guest and all members of the Rental Property vacate the Property. The Property requires a 3-night minimum stay.
  5. Keys & Access Codes.  (Check one)

Access Codes

Owner will provide Guest with access codes to the Property.

Owner may provide Guest with key(s), which will unlock the front door to the Property and other areas. Guest is not allowed to make duplicate keys. A fee of $75USDwill be charged to Guest for failure to return a key. Any attempt to access a locked area is just cause for immediate termination of this Agreement, forfeiture of all rent paid, and Guest will be liable for any missing items or damage.In the event Guest is locked out during their stay, Owner have to come to the Property and there will be a (a) $20.00 USDcash fee during business hours; (b) $50.00 USDfee after-hours which must be paid directly to the agent in cash prior to Guest’s receipt of the key.

  1. Rental Rules & Restrictions.Guest agrees to abide by the following restrictions by Owner, which shall include, but are more fully described in Exhibit A:
  • Smoking is not permitted inside the Property
  • Pets are not permitted on the Property
  • Children under 13 are not permitted on the Property
  • Quiet hours are from 10:00 PM to 8:00AM
  • Garbage must be placed in the proper receptacles

Guest agrees to abide by the Rules and Regulations of Property and any other restrictions imposed by Owner the “Rules”, as described in Exhibit A. At all times while on the Property,Guest will, and will cause all persons in the Rental Party and any visitors that Guest permits on the Property to abide by the Rules while on the Property.

The Property is a NON-SMOKING environment, where smoking is prohibited in and around the rooms. Owner reserves the right to charge a $150 USD smoking fine to any guests that smoke in or around the rooms.

Events: Events are not permitted on the Property. Rental of the Property does not include the use of the Property for an Event. “Event” is the hiring of musical entertainment, professional catering, rentals of music or entertainment equipment, among other event services, and entertaining more than 20 visitors at the Property. Nomusic / entertainment equipment must be installed or brought to the property during the Rental Period. Guest agrees to use the provided speakers on the Property. Should Guest hold an Event on the Property, Guest will be responsible to pay an additional fee of $3,000 USD, plus loss of Security Deposit. If any neighbors report excessive noise, your Agreement could be terminated and Guest will be asked to leave theProperty. Should this happen, it will result in a loss of the rental amount. If a noise complaint is reported, Guest will be charged $100 for the first complaint and $200 for each additional complaint.The Owner reserves the right to end music/entertainment for not following these rules.

If any person in the Rental Party fails to follow any of the Rules, the Rental Party may be asked to vacate the Property and Guest will forfeit all rent paid.

  1. Reservation Deposit and Payment. A “Reservation Deposit” of the Total Amount Due is required. Guest agrees to pay the rentalrate and fees “Total Amount Due“. The Reservation Deposit is due and payable upon return of this signed Agreement in order to secure Guest’s reservation. The Reservation Deposit is non-refundable and will be applied toward the rental rate. Payment in fullall fees, less the Reservation Deposit, will be due 30 days before the Arrival Date.Reservations made within 30 days of the arrival date must be paid in full.
  2. Security Deposit. A“Security Deposit”is required. TheSecurity Deposit will be refunded after Guest’s departure and an inspection of the Property by Owner, less any deductions for damage to the Property or furnishings, excessive mess requiring additional cleaning or other costs incurred outside the normal course due to Guest’s stay.
  3. Cancellation. Owner encourages all guests to purchase travel insuranceto help protect against financial loss if Guest must cancel their reservation for a covered reason. We are a small business and have very strict cancellation policies.Guest may cancel the reservation at least 45 days before the Arrival Date and receive a refund of the Reservation Deposit.If Guest cancels the reservation less than 45 days before the Arrival Date, the Reservation Deposit will be forfeited. If Guest cancels the reservation less than 30 days before the Arrival Date, the Total Amount Due will be forfeited.
  4. Cleaning. A cleaning fee will be charged to the Guest.Daily turn down services are included in the rental rate, however, throughout the rental period, Guest will be responsible for keeping the Property clean and in good condition. Any unsafe or dangerous condition must be reported to Owner immediately. Guest acknowledges that on the Arrival Date, the Property is in good condition, except for any defect Guest may report to Owner by the end of the first day following the Arrival Date. The Property should be left in the same condition as it was found by Guest on the Arrival Date. Guest promises to leave the Property in good repair.

Owner reserves the right to charge the customer for any damages or excessive cleaning required as a result of guest behavior.Such damages or excessive cleaning include, but are not limited to, stains from blood, alcohol, food, candy, liquid, makeup and/or other permanent products; broken, burnt or torn furniture; missing furniture; broken, burnt or damaged tiles, glass, wall paint or wood; theft or damage from guests failing to properly lock the front gate and/or their rooms, removal of covers from the furniture, disposing of all ashes, rubbish, garbage, and other waste NOT in the provided trash receptacles, leaving trash on porches, decks, or any other exterior location, leaving glass containers at theexterior areas, destroying, defacing, damaging, or removing any part of the property or rendering inoperable any smoke detector, causing or permitting any unsafe or unsanitary conditions in the area surrounding the Property, NOT keeping the property safe and clean.In the case that such damage occurs, the Guest will be charged an Excessive Cleaning Fee of $350 USD and/or a Property Damage Fee of $75 USD penalty plus the cost of whatever materials are required to repair the damage.

  1. Furnishings and Damage to Property.All contents of the Property are the property of Owner. Furniture, bedding, kitchen equipment, utensils, and any other personal property supplied with the Property must not be removed from the Property. Rental Party is not permitted to alter the wiring of any television, computer, or gaming equipment. Loss of any items within the Property or damage to the Property or furnishings in excess of normal wear and tear will be charged to Guest.

The Property will be inspected by Owner after Guest’s departure. If an item should break, Guest must notify Owner immediately. Owner reserves the right to charge the customer for any damages or excessive cleaning required as a result of guest behavior.Such damages or excessive cleaning include, but are not limited to, stains from blood, alcohol, food, candy, liquid, makeup and/or other permanent products; broken, burnt or torn furniture; missing furniture; broken, burnt or damaged tiles, glass, wall paint or wood; theft or damage from guests failing to properly lock the front gate and/or their rooms, removal of covers from the furniture, disposing of all ashes, rubbish, garbage, and other waste NOT in the provided trash receptacles, leaving trash on porches, decks, or any other exterior location, leaving glass containers at theexterior areas, destroying, defacing, damaging, or removing any part of the property or rendering inoperable any smoke detector, causing or permitting any unsafe or unsanitary conditions in the area surrounding the Property, NOT keeping the property safe and clean.In the case that such damage occurs, the Guest will be charged an Excessive Cleaning Fee of$350 USD and/or a Property Damage Fee of $75 USD penalty plus the cost of whatever materials are required to repair the damage.

  1. Personal Property. To prevent theft of or damage to furnishings or personal property, Guest agrees to close and lock doors and windows when not present at the Property and upon check-out. Owner will not be liable or held responsible for missing, lost or allegedly stolen items during a guests’ stay or items left behind following departure.Unclaimed items are donated to charity after 14 days.
  2. Mechanical Failures.  Owner attempts to properly maintain the Property will make every effort to ensure that Guests’ stay is safe, comfortable, and enjoyable. While all electrical and mechanical equipment within the Property are in good working order, Owner cannot guarantee against mechanical failure of electrical service, stopped plumbing, water supply, heating, air conditioning, audio visual equipment, internet access, cable service, or appliances. Guest agrees to report any inoperative equipment or other maintenance problem to Owner immediately. Owner will make every reasonable effort to have repairs done quickly and efficiently, however, cannot guarantee when the problem will be resolved. Speed of service cannot be guaranteed. Guest will allow Owner or a person permitted by Owner access to the Property for purposes of repair and inspection.

Owner is not responsible for any inconvenience that may occur and no refunds or rent reductions will be made due to failure of such items.Additionally, Guest agrees that NO refunds, discounts, or transfers will be granted for the malfunction of any appliance or amenity, inclement weather, mechanical breakdowns, or other adverse circumstances beyond our control. Further examples of circumstances which DO NOT warrant any refund, discount, or alternate Property, etc. include but are not limited to: breakdown of air conditioners; TV’s, VCR’s, DVR’s, DVD’s or other electronics or appliances which malfunction, presence of insects; disruption of utility services including cable, internet, water, electric satellite; a Property not decorated/accommodated/improved/updated to Guest’s tastes; problems which have not yet been reported to Owner; bad weather; or noisy neighbors. The incidental presence of pests or bugs which do not render the Property unfit or uninhabitable will not present cause for refunds, discounts, or transfers.

  1. Acts of God.If there is a storm or severe weather and a mandatory evacuation order is issued by state or local authorities, Guest shall be entitled to a prorated refund for each night Guest is unable to occupy the Property. Owner will not be liable or deemed in default under this Agreement for any failure to perform or delay in performing any of its obligations due to or arising out of any act not within its control, including, without limitation, acts of God.
  2. Limitation on Liability.  Owner is not responsible for any accidents, injuries or illness that occur to any member of the Rental Party or Guest’s visitors while in the Property or on the Property. Owner is not responsible for loss of personal belongings or valuables belonging to any member of the Rental Party or any of Guest’s visitors. Guest agrees to assume the risk of any harm arising from use of the Property. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, SHALL OWNER BE LIABLE TO GUEST OR ANY OTHER PERSON FOR ANY DAMAGES OF ANY NATURE WHATSOEVER INCLUDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR GUEST’S RENTAL OF THE PROPERTY OR USE OF THE PROPERTY. IN NO EVENT WILL OWNER BE LIABLE FOR ANY DAMAGES IN CONNECTION WITH THIS AGREEMENT, EVEN IF OWNER SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
  3. Indemnification.  Guest acknowledges that the use of the Property by the Rental Party and Guest’s visitors is entirely at their own risk. Guest will indemnify and hold harmless Owner from any and all expenses, costs, damages, suits, actions, or liabilities whatsoever arising from or related to any and all loss of or damage to personal property, injury or death resulting from the use or occupancy of the Property or the failure of any member of Rental Party or Guest’s visitors to observe the Rules and restrictions set forth in Exhibit A.
  4. Violation of Agreement. If Guest or any member of the Rental Party violates any of the terms of this Agreement, including but not limited to maximum occupancy, visitors and rental rules and restrictions, Owner may evict Guest and the Rental Party from the Property and Guest will forfeit all rent and security deposit paid.Each person renting or occupying the Property is jointly and severally liable under this Agreement, and Owner may proceed against any one or more of the Rental Party without first proceeding against any other.
  5. Interpretation.  No provision of this Agreement may be interpreted for or against any Party on the basis that it drafted such provision, and no presumption or burden of proof may arise disfavoring or favoring any Party because of the authorship of any of the provisions of this Agreement.
  6. Amendments. This Agreement may be amended or modified only by a written agreement signed by both Owner and Guest.
  7. No Waiver. Neither Owner nor Guest shall be deemed to have waived any provision of this Agreement or the exercise of any rights held under this Agreement unless such waiver is made expressly and in writing.
  8. Severability. If any provision of this Agreement is held to be invalid or unenforceable in whole or in part, the remaining provisions shall not be affected and shall continue to be valid and enforceable as though the invalid or unenforceable parts had not been included in this Agreement.
  9. Notices. Any notice or communication under this Agreement must be in writing and sent via electronic email transmission.
  10. Successors and Assigns. This Agreement will inure to the benefit of and be binding upon Owner, its successors and assigns, and upon Guest and its permitted successors and assigns.
  11. Entire Agreement. This Agreement and Exhibit A represents the entire understanding and agreement between the Parties with respect to the subject matter of this Agreement and supersedes all other negotiations, understandings and representations (if any) made by and between the Parties.

EXHIBIT A

Vacation Rental Rules

Check-in

You have arrived!

  • Relax, Enjoy a nice cold drink and Get Comfortable!

Care and Use

  • Although we may provide a starter supply of toiletries and amenities (such as toilet paper, dishwasher detergent, and dish-washing liquid, etc.) as a courtesy, we have no obligation to replenish those items. Additional supplies are Guest’s responsibility.
  • Guest may not place wood, paper, or any other combustible materials in any gas fireplace.
  • Guest may not make any alterations to the property or its improvements, furniture, equipment, or other furnishings.
  • Guest must treat the property with the same care as they would use with their own residence. Guest must maintain the Property in as good a condition as Guest received it, including but not limited to:

(1) keeping the property safe and clean.

(2) not causing or permitting any unsafe or unsanitary conditions in the area surrounding the property.

(3) disposing of all ashes, rubbish, garbage, and other waste in the provided trash receptacles.

(4) properly securing lids on trash receptacles at all times.

(5) not leaving trash on porches, decks, or any other exterior location.

(6) refrain from taking glass containers onto the exterior areas.

(7) not destroying, defacing, damaging, or removing any part of the property or rendering inoperable any smoke detector.

(8) putting furniture back where originally found, not removing protective covers from living room sofa or any furniture.

  • Owner reserves the right to charge the Guest for any damages or excessive cleaning required as a result of guest behavior.Such damages include, but are not limited to, stains from blood, alcohol, food, candy, liquid, makeup and/or other permanent products; broken, burnt or torn furniture; missing furniture; broken, burnt or damaged tiles, glass, wall paint or wood; theft or damage from guests failing to properly lock the front gate and/or their rooms, removal of covers from the sofas.In the case that such damage occurs, the Guest will be charged an Excessive Cleaning Fee of $350 USD and/or a Property Damage Fee of $75 USD penalty plus the cost of whatever materials are required to repair the damage.
  • The followingcelebration items are NOT permitted at the Property: bird seed, rice, confetti, confetti cannons, party string, Chinese sky lanterns, balloons, sparklers,strobe lights or fireworks. These items are a danger to the Property, our neighbors, wildlife and other guests. If these items are used, Guest will be charged a fee for each illegal item.
  • Events: Events are not permitted on the Property. Rental of the Property does not include the use of the Property for an Event. “Event” is the hiring of musical entertainment, professional catering, rentals of music or entertainment equipment, among other event services, and entertaining more than 20 visitors at the Property. Nomusic / entertainment equipment must be installed or brought to the property during the Rental Period. Guest agrees to use the provided speakers on the Property. Should Guest hold an Event on the Property, Guest will be responsible to pay an additional fee of $3,000 USD, plus loss of Security Deposit. If any neighbors report excessive noise, your Agreement could be terminated and Guest will be asked to leave the Property. Should this happen, it will result in a loss of the rental amount. If a noise complaint is reported, Guest will be charged $100 for the first complaint and $200 for each additional complaint.The Owner reserves the right to end music/entertainment for not following these rules.

Off-limit Areas

  • The cabinet in the casita bathroom and the doors behind the kitchen in the main house are locked. Please do not attempt to open them.
  • In the casita hallway closet, you will find the electric panel. Please do not open it unless in the unlikely event of a power outage.

Damages and Security Deposit

  • We understand that accidents happen and kindly request that you report any accidental breakages or damages.
  • In the event of damage to the Property, or its contents exceeds the security deposit, the cost to repair or replace will be billed to the Guests.
  • Guest must promptly notify us of the need for replacement of or repairs to any stove, fireplace, hot tub, smoke detector, or other appliance or fixture at property, and any other problems with or at the property.

Neighborhood and Noise Levels

  • Our neighbors live here full time. Please minimize noise between 10 p.m. and 8 a.m. to ensure our neighbors can enjoy a night of undisturbed sleep.
  • Guest and other occupants agree to conduct themselves throughout their stay in a manner that is respectful of and not disruptive to neighbors, traffic flow, or the community and that will not prompt complaints from police, neighbors, or neighborhood.
  • If you encounter any issues with our neighbors, please notify us as soon as reasonably possible.
  • If any neighbors report excessive noise; (1) Guest will be charged $100 for the first complaint and $200 for each additional complaint, (2) your vacation rental agreement could be terminated, and you’ll be asked to leave our property. Should this happen, it will result in a loss of the rental amount.

Parking

  • Enter through the double gates on the left side of the road. Once on the property, make a left turn past the Garden bar and park your vehicle(s) in the designated space behind the casita. You made it!
  • In the event you need to park on-street, please keep our neighbors in consideration and ensure that you don’t block access to their properties.
  • Guest is responsible for their own vehicle, including (but not limited to) damage or additional wear and tear resulting from coastal driving (if applicable) and related hazards thereto, and towing or other charges. Owner does not provide towing or roadside assistance reimbursement, regardless of type of the vehicle or road or weather conditions.

Safety and Security

  • Children should at all times be supervised at our property by adults.
  • Guests are responsible for the safety of their children at all times.
  • Guest is responsible for all items brought into the Property. We are not responsible for lost or forgotten items.
  • In the event of rain, please remember to close the umbrella on the decks and store securely.
  • Please do not dive into the pool.

Smoking

  • Smoking is strictly prohibited anywhere inside the property.

Pets

  • Pets are not permitted.

Appliances and Technology

  • Please double-check that you have switched off all the lights or other electrical devices (including the air conditioning) before you go out.
  • You’re welcome to use the washer, please make sure that you don’t overload it.
  • We do not guarantee Wi-Fi uptime, speeds or reliability for work or other purposes. No refund will be given due to power outage, fuel, water, gas, steam, refrigerant, sewerage, telephone or internet services due to external factors.
  • Please do not throw anything other than food items down the disposal.
  • Please do not try to flush any sanitary products or baby wipes down the toilet.

Compliance

  • It is the responsibility of the Guest to ensure that any extra guests, visitors, or vendors complies with the Vacation Rental Rules.
  • Failure to follow any of these house rules is a breach of the terms and conditions of your reservation.
  • If anything in our House Rules is unclear, please contact us.
  • We reserve the right to evict any guest or visitor who fails to adhere to our House Rules.
  • Events and commercial photography or filming are prohibited at the Property without our express written permission. (If approved, additional conditions and fees may apply.) No tents or other structures may be erected on the property without our express written permission.
  • Use of the Property for any criminal activity is prohibited and may result in fines, prosecution, and/or Rental Party’s immediate removal from the property. We may cooperate with any investigation of alleged criminal activity that occurred at the Property during Rental Party’s’ stay.