The River Retreat Rental Agreement
For the purposes of this contract:
OWNER/MANAGER = Owner of property and/or owner representative
GUESTS = All persons on the rental contract, guest representatives, and guests staying or visiting the premises
PREMISES = The River Retreat, 4xx Morrison St. E., Motley, MN 56466
This Rental Agreement is considered to be accepted and the GUEST is considered to have read/reviewed this Rental Agreement if the GUEST officially reserves/books The River Retreat. OWNER/MANAGER and GUEST are bound to the obligations as set forth in the Rental Agreement and the check-in/check-out and access instructions sent to GUEST upon receipt of final payment.
Contract Requirements:
1. GUEST agrees to leave the premises in good condition as found. GUEST assures OWNER/MANAGER that the GUEST will observe all conditions and terms of the agreement and assures the OWNER/MANAGER that any GUEST who violates any of the terms of this agreement shall be immediately denied occupancy and shall remedy any damages or other expenses, which are caused.
2. All financially responsible parties are required to be 21 years of age or older. No persons under the age of 21 will be allowed to occupy the premises without the presence of an adult.
3. GUEST agrees not to exceed the maximum occupancy of fifteen (15) persons (unless otherwise indicated in the rental agreement). Any GUEST found in violation of occupancy agreement will be subject to immediate termination and no refund of remaining rents and deposits will be refunded.
4. Check In/Out. Normal check-in time is 4:00 pm (Central Time) on the first day of occupancy. Early check in times must be arranged in advance. Check out time is 12:00pm noon (Central Time) on final day of occupancy. Late departure is negotiable or early arrival in advance only. GUEST will be charged $50.00 per hour if late checkout is not prearranged.
5. GUEST agrees to abide by the Rental Rules attached as Exhibit A.
6. The property is furnished and includes basic household items, cooking and eating utensils, towels and linens. GUEST may not remove or alter any furniture or furnishings and agrees to take good care of any carpets, blinds, appliances, furnishings or other household goods and further agrees to deliver up same to OWNER/MANAGER in good condition at the end of term, normal wear and tear is excluded. GUEST shall cause to be made, at GUEST expense, all required repairs to any part of the property whenever such damages shall have resulted from misuse, waste or neglect of the GUEST, it being understood OWNER/MANAGER shall have the same in good order and repair when giving possession.
7. No smoking is allowed on the property. For the purposes of this agreement, smoking includes lighting, smoking or carrying a lighted or smoldering cigar, cigarette, pipe, or any other kind of smoking apparatus including e-cigarettes and vaping. A $500.00 fee shall apply if it is discovered that smoking took place on the property.
8. No pets are allowed on the property.
9. All GUESTS shall behave in a civilized manner and shall be good neighbors respecting the rights of the surrounding property owners, including on the river. The GUESTS shall not create noise or disturbances in excess of what is to be deemed reasonable. Creating a disturbance of the above nature shall be grounds for immediate termination of the agreement and GUESTS shall immediately vacate the PREMISES.
10. OWNER/MANAGER shall not be liable for any damages or injury to the GUESTS, or any other person or property, occurring on the PREMISES or any part thereof or in common area thereof. GUEST agrees to hold OWNER/MANAGER harmless from any claims for damages, no matter how caused.
11. GUEST agrees that no illegal activity will take place on or near the PREMISES. This includes, but is not limited to, using, possessing, buying, selling, manufacturing or dispensing an illegal drug (to include possession of drug paraphernalia), or being under the influence of an illegal drug, as defined by Minnesota and local law and ordinances.
12. If cancellation is made more than 7 calendar days before the beginning of GUEST’s booked dates, a full refund of all funds paid to date will be issued to GUEST.
13. All complaints about the condition or dissatisfaction with the property or premises need to be made at the time of dissatisfaction. OWNER/MANAGER will promptly take care of any situations that we are notified of. Refunds will not be issued for matters that we did not have adequate notice and ability to remedy. No refunds will be issued on reservations that were stayed in full for reasons that were not disclosed at the time of dissatisfaction.
14. GUEST agrees that OWNER/MANAGER, or their representatives, may enter the PREMISES during reasonable hours upon reasonable notice to GUEST to inspect the PREMISES to make such repairs, alterations, or improvements thereto as OWNER/MANAGER may deem appropriate.
15. GUEST agrees to indemnify and hold harmless OWNER/MANAGER from and against any liability for personal injury, death, or property damage sustained by any person (including minors and GUEST’S invitees) as a result of any cause or failure of OWNER/MANAGER.
16. FALSIFIED BOOKINGS. If GUEST’s booking was made under false pretense, including, but not limited to, a falsified name, age or size of party, GUEST will be subject to immediate cancellation of reservation, removal from the property, and forfeiture of all amounts paid.
17. LIMITED SHORT-TERM RENTAL. It is expressly understood and agreed that this is a short-term, transient vacation rental and is not a lease or other long-term residential tenancy agreement, and that the PREMISES is not intended to be utilized as a primary residence. This Agreement is only for the licensed use of the PREMISES for the stated reservation dates. It creates no property rights in GUEST and no rights to renewal or for recurring usage. GUEST may not sublet the PREMISES or any part of it and shall not assign any interest (in whole or in part) to this Agreement or any rights hereunder.
18. It is agreed by the parties that if there is any dispute regarding this contract that any lawsuit or court proceeding will be decided only by the laws of the State of Minnesota and the sole forum for bringing any lawsuit or court proceeding will only be in Cook County, Minnesota. Any lawsuit or court proceeding not brought in accordance with this paragraph will be void. In the event legal action is required to enforce provisions of this agreement, the prevailing party shall be entitled to the recovery of reasonable attorney fees and costs.
19. If for any reason, the property that the GUEST has reserved becomes unavailable, OWNER/MANAGER will notify GUEST immediately. GUEST will have the option of:
A) Return all GUEST funds in full immediately, or:
B) OWNER/MANAGER will attempt to find comparable accommodations for guest.
If no other accommodations are available OWNER/MANAGER will refund GUEST funds in full. GUEST shall hold ONWER/MANAGER harmless.
**By booking The River Retreat, I certify that I am over the age of 21 years old and I and all GUESTS agree to all terms and conditions of this agreement.
Kayak and Inner Tube Waiver
1. Voluntary Use
Guest acknowledges that use of any kayaks, inner tubes, paddles, life jackets, dock, or related equipment (“Water Equipment”) provided at the property is entirely voluntary and at Guest’s own risk.
2. Assumption of Risk
Guest understands that water activities, including kayaking and tubing, involve inherent risks, including but not limited to drowning, falling, slipping on docks, entanglement, strong currents, changing weather conditions, collisions, and equipment failure. Guest knowingly and freely assumes all such risks for themselves and all members of their party.
3. Safe Use Requirements
Guest agrees that:
- All users will wear properly fitted life jackets at all times while using Water Equipment
- No use will occur under the influence of alcohol or drugs
- Equipment will only be used in a safe and responsible manner
- Guests will stay within safe and reasonable distance from shore and avoid hazardous conditions (e.g., storms, high winds)
- No standing in kayaks or reckless behavior
4. Supervision of Minors
Guest agrees that all minors will be supervised at all times by a responsible adult while using or near the Water Equipment, shoreline, or dock.
5. Condition & Inspection
Guest agrees to inspect all Water Equipment prior to use and notify Owner of any damage or concerns. Use of the equipment constitutes acceptance of its condition.
6. Damage & Responsibility
Guest agrees to return all Water Equipment in the same condition as provided and accepts financial responsibility for any damage, loss, or theft caused by Guest or their party.
7. No Lifeguard / Swim at Your Own Risk
Guest acknowledges that no lifeguard or supervision is provided. All water activities are undertaken at Guest’s own risk.
8. Release & Indemnification
To the fullest extent permitted by law, Guest agrees to release, indemnify, and hold harmless the property owner, property manager, and any affiliated parties from any and all claims, liabilities, damages, injuries, or losses arising out of or related to the use of Water Equipment or waterfront areas.
9. Agreement & Acknowledgment
By signing this agreement, Guest acknowledges that they have read, understood, and agree to all terms of this waiver and voluntarily accept all associated risks.
Exhibit A
Rental Rules
1. Smoking is NOT allowed anywhere on the PREMISES.
2. Pets are not allowed anywhere on the PREMISES.
3. Guests are not allowed to exceed the maximum occupancy limit, no more than sixteen (16) persons on the PREMISES without prior consent of the Owner/Manager.
4. No dangerous explosive or flammable materials in or on the Property.
5. No parties or events are allowed without prior approval by the OWNER/MANAGER
6. No illegal substances or activities are allowed on the PREMISES.
7. Be respectful of neighbors on the PREMISES and on the river.
8. Keep the PREMISES and all furnishings in good order.
9. Only use appliances for their intended uses.
10. Wash dishes and run them in the dishwasher.
11. Place trash and recycling in the trash and recycling receptacles outside the PREMISES.