You can execute the Terlingua
House Rental Agreement by Fax or USPO by following the directions
below.
FAX
Print this page, complete the blanks below and fax to:
TerlinguaHouse @ 325.473.3101
OR
USPO
Print this page, complete the blanks below and mail to:
TerlinguaHouse
P. O. Box 657
Bronte, Texas 76933
By completing the blanks
below and returning this Rental Agreement to TerlinguaHouse either
by Fax or USPO you are creating a binding contract for the rental
of TerlinguaHouse.
TERMS OF “Terlingua House” RENTAL AGREEMENT
Pending Reservation
We (Terlingua House owners, herein after referred
to as “TerlinguaHouse”) are presently holding a reservation
for you as specified below. This reservation will become confirmed
upon our receipt of this Rental Agreement, completed and executed
by you, along with payment for the rent deposit. If we have not received
these items within five days after acknowledging your reservation
request, we reserve the right to offer rental of Terlingua House to
others for the above dates.
Payment
Payment shall be made by credit card (Visa/MasterCard/Discover
accepted) or by personal check. The Rent Deposit shall be paid prior
to or with this Rental Agreement. The Final Payment (including the
Security Deposit when required) shall be paid not later than 25 days
prior to the arrival date.
If paying by credit card, please call us with your credit card information.
25% payment is due upon initiation of the reservations and 50% is
due 25 days prior to the reservation date.
Arrival/Departure
Times
Check-in starts at 4 pm on the arrival date and departure
must occur by 11 am on the departure date. Early check-in and
late check-out times are possible by prior arrangement, but can only
be confirmed several days before the arrival date, since they are
dependent on the schedules of other guests.
Security Deposit
TerlinguaHouse reserves the right and you specifically
grant to TerlinguaHouse the right to hold and charge your credit card
number as security against damage to the house or property, theft,
late check out, and violation of any of the renter's agreements contained
in this Agreement. Final settlement of the security deposit will be
made within 45 days after the departure date.
Cancellations
When you make your reservation a 25% non-refundable
deposit will be required. The balance due must be paid in full 25
days in advance. A 50% refund is available if reservations are canceled
two weeks in advance. If something happens that you can’t make
your trip, please contact us and we will make every effort to accommodate
your needs. There is no refund of rent for late arrival or early departure.
Owners' Agreements
TerlinguaHouse shall bear the cost of all utilities,
trash removal, local telephone service, the use of all personal property
made available to renters, including kitchen equipment, dishes, linens,
outdoor furniture, and outdoor grill. TerlinguaHouse will take reasonable
measures to ensure that house and outdoor equipment is in reasonable
working order.
Renters' Agreements
You agree that you shall leave the premises in the
same order as you found it and that you shall not exceed the number
of guests identified in this Agreement. If more than the numbered
persons are found to occupy the unit, or if excessive cleanup is required,
additional charges for such persons and additional maid service will
be charged to your credit card. You shall nevertheless be fully responsible
for any damage to the premises, plus reasonable costs of collection,
including reasonable attorneys' fees, if necessary. Damage caused
by your guests or invitees shall be your financial responsibility.
You hereby agree all long distance phone calls charged to TerlinguaHouse
during your stay will be billed to your credit card.
Without our prior written permission, you shall not host special events
or gatherings at Terlingua House involving more than your immediate
party, as enumerated in this agreement, and shall not conduct any
events or activities that might interfere with the peace and enjoyment
of the property's neighbors. You agree that there can be no smoking
in Terlingua House or other structures. You agree that we or our designees,
agents or employees may enter and inspect the premises for any reason
at any reasonable time during your stay.
Departure
Upon departure, you agree to clean and follow the
check-out procedures specified in the considerations notice, which
is posted on the refrigerator, including without limitation, cleaning
the outdoor grill, if used, washing any dirty dishes, placing the
garbage in the outdoor trash cans and putting any wet towels in a
bathtub or shower stall.
Minors
Children are the direct responsibility of you as well
as their parents or caretakers. Children are NEVER TO BE LEFT UNATTENDED
at Terlingua House, whether in the house or outdoors. You acknowledge
that there are amenities that could be dangerous to children and others.
You also acknowledge and accept that there will be no supervision
on the premises during your stay, and we will not be responsible for
supervising the use of any of the facilities by either adults or children.
You and all of your guests and invitees undertake all use of the property
at your own risk.
Assumption of Risk,
Waiver, Release and Indemnity Agreement
You acknowledge that NO WARRANTY, EXPRESS OR IMPLIED,
IS MADE by TerlinguaHouse that any particular condition does or does
not exist on the house and premises. You understand there are numerous
dangerous or potentially dangerous conditions, risks and hazards on
the premises and in the use of improvements located on the premises,
some of which conditions, risks and hazards are known or reasonably
foreseeable, such as, but without limitation: hazards presented by both
wild and domestic animals which may be diseased or otherwise dangerous;
poisonous snakes, insects and spiders; poisonous or barbed plants; erosional
features, pits, holes, cliffs, bluffs, caves, creek/river crossings,
and loose rock; pipelines; propane tanks, L.P.G. or propane operated
heaters and stoves; and other conditions which produce hazardous driving,
walking and camping conditions; and that some hazards are unknown or
not reasonably foreseeable. You WAIVE AND RELEASE TerlinguaHouse from
any obligation to affirmatively disclose any hazardous conditions located
on the premises and YOU KNOWINGLY AND EXPRESSLY ASSUME ALL OF THESE
RISKS, HAZARDS AND DANGERS, KNOWN, UNKNOWN, FORESEEABLE AND UNFORESEEABLE,
AND VOLUNTARILY ELECT TO EXPOSE YOURSELF AND PROPERTY TO THEM.
To the fullest extent permitted by law, You agree to INDEMNIFY, PROTECT,
DEFEND AND HOLD HARMLESS TerlinguaHouse from and against any and all
liabilities, damages, claims, suits, losses, causes of action, liens,
judgments, medical and all other expenses (including court costs, attorney's
fees, and costs of investigation), of any nature, kind or description
arising or alleged to arise by reason of (i) injury to or death of any
person, including any child or ward under your control, or (ii) damage
to or loss of property, occurring on or about the premises or enroute
to or from the premises, and caused or alleged to be caused in whole
or in part by any act or omission of:
- You and any member of your party;
- Any third party where the claim is asserted by
you, or any member your party;
- TerlinguaHouse where the claim is asserted by
you or any member your party; or
- Any combination of the foregoing persons; (collectively
"Liabilities").
THIS INDEMNITY
EXTENDS TO LIABILITIES ARISING FROM OR ATTRIBUTED TO THE CONCURRENT
OR SOLE NEGLIGENCE OF TERLINGUAHOUSE. THE ONLY LIABILITIES WITH RESPECT
TO WHICH YOUR OBLIGATION TO INDEMNIFY TERLINGUAHOUSE DOES NOT APPLY
ARE LIABILITIES RESULTING SOLELY FROM THE GROSS NEGLIGENCE OR WILLFUL
MISCONDUCT OF TERLINGUAHOUSE. If any action or proceeding is brought
against TerlinguaHouse in connection with the Liabilities, You, on
notice from TerlinguaHouse, shall defend the action or proceeding,
at your expense, through attorneys reasonably satisfactory to TerlinguaHouse.
This provision applies to all activities of you and any member of
your party, with respect to the premises whether occurring before,
after or during the period in which they are or are authorized to
be upon the premises.
To the greatest extent allowed by law, TerlinguaHouse is not liable
in any manner to you or any other party for, and you WAIVE AND RELEASE
TerlinguaHouse from all liability for, any injury to or death to you
or any member of your party or for any loss of or damage to your property,
occurring on, in, or about the premises, EVEN IF THE LIABILITY ARISES
FROM OR IS ATTRIBUTED TO THE CONCURRENT OR SOLE NEGLIGENCE OF TERLINGUAHOUSE.
THE ONLY LIABILITY WITH RESPECT TO WHICH THIS WAIVER AND RELEASE DOES
NOT APPLY IS TO LIABILITY RESULTING SOLELY FROM THE GROSS NEGLIGENCE
OR WILLFUL MISCONDUCT OF TERLINGUAHOUSE.
Renters' Information
Name(s):
____________________________
____________________________
Mailing Address (City, State, Zip):
____________________________
____________________________
____________________________
Email:____________________________
Home Phone:____________________________
Day Time Phone:____________________________
Fax:____________________________
Arrival (MM/DD/YYYY):____________________________
Departure (MM/DD/YYYY):____________________________
Number of Nights:____________________________
Number of Adult Guests
(18 yo >) :____________________________
Number of Minors: ____________________________
Ages:____________________________
Rental Rate: ($220.00
Per Day), One-Time Re-Stock/Cleaning Fee ($75.00, plu s $20 perperson for over 6-person occupancy), and
Occupancy Tax (9%).
Rent Total: $____________________________
EXECUTION
In order to execute the “TerlinguaHouse” Renter’s
Agreement, please sign, date and FAX or U. S. MAIL to TerlinguaHouse
(address at top of page).
I hereby agree to the terms
and conditions stated in the above Renter’s Agreement.
Renter ‘s Signature:
X____________________________
Date:____________________________
