SKY House Rental Agreement

1. RATES:

$	Total Rent Quoted
$____________	Cleaning Fee (non refundable)
$	TOTAL

DUE WITHIN 7 DAYS FROM BOOKING

$	Security Deposit (Must be paid with credit card)
$	50% of TOTAL above
$	Total Due within 7 days of booking or reservation will be canceled.

DUE WITHIN 30 DAYS OF ARRIVAL

$	BALANCE DUE WITHIN 30 DAYS OF ARRIVAL.

2. AGREEMENT: Bennett Hall or Helen Rischbieth or representatives of Sky house (hereinafter known as “Sky House”), and Guest agree as follows: Above guest is an adult and will be an occupant of the unit during the entire reserved period. Other occupants will be family members, friends or responsible adults. The maximum occupancy is stated above. Guest agrees that no occupants in excess of the numbers stated herein and named on the agreement shall occupy the Sky house. Use of the premises will be denied to persons not named on this agreement and this rental agreement may be forfeited and terminated and all deposits retained. No keys will be issued to anyone who is not an adult.

3. PETS: We are a pet friendly household. Pets are permitted with advance notification and reasonable additional fee related to wear and tear and cleaning depending on the pet(s). However, we are not liable for any damages or losses associated with the pet or compensation in the event of its injury or becoming loss. Damages are subject to the standard waiver and terms for liability.

4. SMOKING: Smoking is not allowed inside the property. If there is evidence that smoking took place, Guest will be charged a minimum of $350.00 for the required deep cleaning.

5. SECURITY DEPOSIT: A refundable security deposit of either $1000 idue WITHIN 7 DAYS of making your reservation to secure guest’s performance of this agreement and covenants herein. Owners may apply such portion(s) of the deposit as are reasonably necessary to remedy any default(s) by guest to repair damage to the Premises caused by guests including reasonable repair or replacement of, without limitations, furniture, fixtures, appliances, floors and/or floor coverings, windows, ceilings, or walls in or about the premises. Guest remains liable for and shall promptly pay Owners all sums in excess of any deposit required for said repair or replacement purposes.

6. SECURITY DEPOSIT REFUND: Your security deposit is fully refundable within 14 days of termination of occupancy provided that real and personal property are in the same condition as when occupancy commenced and all terms of this Agreement are met. Guest is liable for all replacements and repairs that are outside what is considered normal wear and tear. Guests are not liable for any events or losses that are beyond their control or ordinary wear and tear.

7. CANCELLATION: In the event of a cancellation of all or part of a reservation for a property by Guest, Owners agree to refund, or transfer, the rental deposits to guests, only in the event that the subject property is re-rented for the canceled period under substantially the same terms and conditions as included herein. In the event of the foregoing, a refund will be given less a 15% cancellation fee. Owners shall make their best efforts to re-rent in the event of cancellation. If Owners are unable to re-rent the subject property Guest will forfeit all sums paid except the security deposit.

8. CHECK IN: Check in time is 2 pm. Early check in times on your date of arrival are allowed only when the property is cleaned and ready for occupancy. Keys will be ready for pick up at the property location. KEYS WILL NOT be issued with a balance owing or without a signed rental agreement in Sky house’ possession. Owners will provide a full tour of the property to aquaint you with all features, location of amenities and any specific operating details that may make your guest experience more pleasant

9. CHECK OUT: Check out time is 12 am. There is an extra charge for late check out and prior approval is needed. Please leave keys, remote controls, at the location. There is a $100.00 per hour charge for unauthorized Holdovers. A $50 per item fee will be charged for each lost key and remote controls. Arrangements can be normally made to temporarily hold luggage in storage. Check with Sky house if this is required.

10. UTILITIES: Utilities are included in the rental rate However we ask that in the interest of energy efficiency you are careful to conserve energy and water whenever possible.

11. PHONES: We provide unlimited local and nationwide calling. In addition, we provide unlimited calls to Canada, Australia, England, and selected other countries worldwide. Please see our directory of rates upon arrival. All other long distance calls must be made using a calling card. You will be charged for any directory assistance or directory assisted calls. Guest agrees to pay for all calls outside of our provision and allow Owners to charge this amount (plus a 5% processing fee) to guest’s credit card.

12. TV:

13. PARKING: There are two spots that under cover in the carport area available for you use, Additionally, you may temporarily park additional vehicles on the inclined portion of the driveway, which is capable of holding up to 6 cars. However, cars may not be left for more than 48 hours on this inclined section. Additional street parking is convenient and readily available both on Evirel and on Snake Road

14. SUBLETTING: Guest is not authorized to let or sublet all or any part of the premises nor assign the lease or any interest in it without the prior written consent of Sky house.

15. CONDITION OF PROPERTY: Sky House has to the best of its ability, will providean accurate description of the condition of the properties. All electrical, plumbing and appliances should be in working order. Each property will be inspected, sanitized and cleaned before your arrival. When you arrive, if you find that the house has not been cleaned to normal standards then we will do our best to make it right immediately upon your notificationWe will do our best to have tradesmen attend to any problems but they may not be able to fix everything over Holidays and weekends. Under no circumstances will any of the rental money be refunded or returned because of the condition of the house, unless the problem creates a significant impact upon the quiet enjoyment of the property and as such the deduction will be apportioned in a manner as mutually deemed reasonable in mitigation of the problem and in good faith The Guest agrees to hold Sky house harmless from any liability for the condition of the house.

16. PREMISES NOT AVAILABLE: In the event the property is unavailable for occupancy by reason of a casualty loss, no certificate of occupancy, or an unauthorized holdover by a former guest or by action of law, Owners shall attempt to find other rental property for Guest, subject to Guest's approval. In the event Owners are unsuccessful in the foregoing, then Owners shall return all amounts paid by Guest hereunder, and Guest shall have no further recourse against Owners.

17. CLEANING: Sky House will be inspected, sanitized, and cleaned before and after your arrival and departure. The cleaning fee you pay includes an allowance for provision of four hours of normal cleaning. YOU ARE REQUIRED to leave property in the same general condition that you received it by making sure dishes are loaded into the dishwasher or put away, and, the home is generally picked up and ready to be vacuumed, dusted and sanitized. If additional cleaning is required, appropriate charges will be deducted from your security deposit at the rate of $30 per hour. Please place used towels and linens in the laundry room. Guest agrees to keep house, furniture and furnishings in good order and free of debris. Removing, adding or changing furniture without Owners’ written approval shall be deemed a material breach of this Rental Agreement, and is strictly prohibited. Guest is responsible for cost of replacement of any damage to furniture or premises and replacement of missing items. You will be provided an inventory of items contained in the unit upon check in. We will complete an inventory upon check out.

18. WHAT WE SUPPLY: The property is fully equipped and set up as a furnished property, which includes bedspreads, linens, blankets, pillows, towels as well as a fully equipped kitchen, TV, furnishings (check amenities list). There will also be a starting supply of toiletries for your first day.

19. MAID SERVICE: We normally provide free weekly maid service. If you require daily service, it is generally available at an additional fee.

20. GENERAL GUEST EXPERIENCE: We aim to provide the best experience possible during your stay, ensuring every detail is managed to your satisfaction. To support this, we are on call 24 hours a day as needed to resolve any problems that may arise at emergency numbers and by email. Normally, we will be within 15 minutes of the property. Further, as suitable, we will visit daily to ensure that any questions you may have are answered and special service requirements resolved

21. SKY HOUSE ARTWORK: Sky house is decorated with the owners’ private art and photography collection as well as unique photographic artwork made by the owner. This includes a rare collection of 19^th Century Albumen prints, vintage silver prints of Hollywood celebrities, and one of a kind hand-tinted images made by the owner. Should you be interested in purchasing any of the work that is on display at the house, our guests receive a 20% discount for any work purchased and accepted during their stay. Worldwide shipping is also available.

22. OTHER SERVICES: We are happy to arrange special services available to enhance your guest experience or support mission critical business functions that be ancillary to your stay. This grocery shopping, managing special catering services, floral arrangements.

23. MEETING SERVICES AND EVENTS: Should you desire to host a small function at Sky House during your stay, special arrangements can be made to facilitate this and make your event successful. Support services including catering, food and beverage, AV, entertainment, valet are available. Event planning services are available and/or in coordination with your own staffing. Advance notification and planning is essential. Functions with more than 4 guests in addition to your listed tenants is permissible with advance notice, however aditional fees are applicable related to the services required and scope. Special permits and coordination, if required, are the responsibility of the Guest.

24. BUSINESS SERVICES: Additional business support services are available on an ala carte basis. As appropriate, advance planning is necessary to ensure efficiency and execution of your requirements. However, we will respond in any manner possible to facilitate your requirements as they arise.

25. RELATIONSHIP OF PARTIES: It is specifically agreed and understood that the relationship between the parties herein shall be deemed to be of proprietor and lodger or Guest as opposed to a relationship of landlord/tenant. Guest specifically waives and makes inapplicable to this lodging the provisions of California Civil Code Section entitled “Hiring of Real Property” as set forth in CC 1940-1945 et seq., and further specifically waives and makes inapplicable CCP 1159 re: forcible entry.

26. ENTRY OF PREMISES: With Guest’s permission, which is hereby given, Owners may enter the premises during reasonable daylight hours without securing prior permission from Guest, but shall give Guest notice of such entry immediately prior if possible and immediately thereafter. For inventory and maintenance purposes Owners may need to enter the premises. The same permission procedure applies as above. In any emergency, Owners may enter the premises at any time without permission of Guest for the purposes of making repairs to alleviate such emergency. If Guest abandons or vacates premises, Owners may, at their option, terminate this agreement, re-enter the premises and remove all Guest's property.

27. ASSUMPTION OF RISK: HOT TUBS & PATIOS: Guest hereby acknowledges that if the property they have reserved includes a hot tub, the Guest is fully aware that the hot tub and surrounding patio/deck can be dangerous, that the deck/patio can be slippery when wet, and that injury is likely to occur to anyone who is not careful. Hot tubs have inherent risks and should not be used by women who are or may be pregnant, young children or any individuals who have heart conditions or other health problems, including, but not limited to skin rashes, open sores, or allergic reactions to Bromine or Chlorine. It is not recommended that individuals remain in hot tubs for periods of more than 10-15 minutes at a time. Guests must shower before entering hot tub, and showering is recommended after exiting the hot tub. Guests should observe and adhere to all rules and policies as posted at the property. With full knowledge of the above facts and warnings, the undersigned accepts and assumes all risks involved in or related to the use of the hot tub and patio areas.

28. DISTURBANCES: Guest shall not disturb, annoy, endanger or interfere with other guests’ or neighbors’ right to quiet enjoyment of their property, nor use the premises for any unlawful purposes, nor violate any law or ordinance, nor commit waste or nuisance upon or about the premises. Guests must adhere to a noise curfew of 10 p.m. The property may not be used for parties or events without the specific written permission of Sky house. Committing any of the foregoing acts shall be deemed a breach of a material covenant causing tenancy to the property to terminate forthwith and all monies retained without refund.

29. CHILD PROOFING: Guest understands that no special efforts have been made to “childproof” Sky house and accepts the risk or harm to any children listed in this agreement. These risks are not limited to, but include fireplaces, stoves, or any appliances, electrical outlets, Barbeque, access to the yard, stairs, street, cleaning supplies in the house and plants in the house, patio and on the street, such as oleanders, that might be poisonous if ingested.

30. RULES & REGULATIONS
Guest agrees to comply with all reasonable rules or regulations posted on the premises, delivered or otherwise made known to Guest by Owners. Failure to comply is grounds for termination of the Rental Agreement.

31. HOLDING OVER: Because of the nature of Sky house’ business (short term recreational rentals) Guest understands, and is hereby put on notice that any unauthorized "holding over" of the property past the stated rental period could severely jeopardize Sky house’ business and cause loss of rental income from other previously booked guests, temporary and/or permanent loss of business, goodwill and reputation and, among other things, could force Sky house to breach an agreement with similar short term recreational Guest(s) who may have reservations during Guest's unauthorized "holding over" period. In the event, Sky house may be legally liable in damages to said other guests. Guests should be aware that unauthorized "holding over" has been construed as a factor in establishing "malicious continuing occupation" of rental property, which may entitle Owners to treble damages in any unlawful detained action. Guest also recognizes the unauthorized "holding over" could be grounds in court as a cause of action for intentionally interfering with Sky house’ prospective business advantage. In addition, we will charge $100.00 an hour past 11:00 a.m. on day of check out.

32. REMEDIES: In the event of a default to the Rental Agreement, particularly, but not limited to Guests unauthorized "holding over" or those acts mentioned above in this agreement, and in addition to all other rights and remedies Sky house may have at law, Sky house shall have the option, upon written notice or as the Law may hereinafter provide, Owners may immediately re-enter and remove all persons and property from premises. In such an instance, the Rental Agreement will be terminated, and Sky house shall be entitled to otherwise recover all damages allowable under the Law. The Guest, as part of the considerations of this special rental, in recognition that this property is booked in advance by other Guests throughout the year, hereby waives all claims for damages that might be caused by Owners’ re-entry and taking possession of premises or removing or storing furniture and property as herein provided, and will hold Owners harmless from loss, costs and damages occasioned thereof, and no such re-entry shall be considered or construed to be a forcible entry as defined in the California Code of Civil Procedure or other similar statutory provisions. Further, if for any reason Owners are unable to deliver possession of the premises to Guest at the commencement of the term specified in the Rental Agreement, Owners shall refund amounts paid by Guest, but shall not be liable for any other damages caused thereby.

33. PERSONAL PROPERTY: Guest understands that any personal property of and used by Guest is not insured by Owners and Owners shall not be responsible for any lost, stolen or missing property of the Guest.

34. GUESTS’ LIABILITY: ______(Initials required). Guests agree to accept liability for any damages caused to the property (other than normal wear and tear) by Guests, including but not limited to landscaping, misuse of appliances and or equipment furnished. If damages are in excess of the security deposit being held, Guest agrees to reimburse Sky house for costs incurred to repair or replace damaged items, and any loss of business resulting from such damage.

35. ATTORNEYS FEE/DEFAULT: If any legal action or proceeding (including default, non payments, etc.) arising out of or related to this Rental Agreement is brought by either party to this Rental Agreement, the prevailing party shall be entitled to receive from the other party, in addition to all other relief that may be granted, the reasonable attorney's fees, costs and expenses incurred in the action or proceeding by the prevailing party.

36. INDEMNIFICATION: Guest agrees to indemnify and hold harmless Owners for any liability arising before termination of this Rental Agreement for personal injuries or property damage caused by the negligent, willful or intentional conduct of Guest(s). This indemnification agreement does not waive Owners' duty of care to prevent personal injury or property damage when the law imposes that duty.

37. HOLDS HARMLESS: ______(Initials required). Sky house do not assume any liability for loss, damage, or injury to persons or their personal property. Neither does he accept liability for any inconvenience arising from any temporary defects or stoppage in supply of water, gas, electricity, or plumbing. Nor will Sky house accept liability for any loss or damage caused by weather conditions, natural disasters, acts of God, or other reasons beyond his control. Accordingly, the Guest covenants and agrees Sky house are not responsible for damages or injuries from use of equipment, bikes, falls from decks, stairs, or terraced walls or sliding glass door injuries.

38. TERRACED WALLS: ______(Initials required). Guest hereby acknowledges that large portions of the rear gardens are terraced with retaining walls to prevent erosion. The walls are not designed for walking, climbing or testing one’s balance. The undersigned is fully aware of the dangers of falling and injury is likely to occur to anyone who attempts to walk, climb or sit thereon. Please keep children off the walls at all times. With full knowledge of the above facts and warnings, the undersigned accepts and assumes all risks involved in or related to walking or climbing or sitting on the terraced walls.

39. ADDITIONAL TERMS AND CONDITIONS: ______(Initials required). The undersigned, for himself, herself, his /hers, assignors, executors, and administrators, fully releases and discharges Sky house from any and all claims, demands, and causes of actions by reason of any injury or whatever nature which has or have occurred, or may occur to the undersigned, or any of his/her guests as a result of, or in connection with the occupancy of the premises and agrees to hold Owners free of any claim or suit arising there from. In any action concerning the rights, duties, or liabilities of the parties to this agreement, their principals, agents, successors, or assignees the prevailing party shall be entitled to recover reasonable attorney fees and costs.

40. SALE OF PROPERTY: Sky house may at any time list and sell the property. If Sky house enters into a sale agreement that requires that the property be turned over to a buyer, it may require that this contract by canceled. In that event all funds will be returned to the guest without deduction. We will advise you as quickly as possible using our best efforts to relocate you in another suitable property.

41. PAYMENT BY CHECK: SIGN HERE___________________________________

a. This signature confirms authorization for Sky house to deduct from the security deposit for any damages to property or contents.

42. PAYMENT BY CREDIT CARD: SIGN HERE___________________________________

a. This signature confirms authorization for Sky house to deduct from the security deposit for any damages to property or contents. We accept payments by Visa, MasterCard or Discover. Please call in your number so we can process it by phone.

43. NSF FEE: When the Tenant pays by check, and the check is returned for NSF there will be a $50 service charge. Keys will not be issued until the check has successfully cleared the bank. Checks should be made payable to Sky house.

44. MAILING ADDRESS: This signed agreement along with a check, if applicable should be mailed to the following address: Bennett Hall, 1 Evirel Place, Oakland, CA 94611

45. We realize that the majority of guests will treat the property with the utmost care and we would like to thank you in advance. Remember that you are renting a private home. We simply ask that you please treat it with the same care you would like shown to your own home.

Please sign below and return with payment.

GUEST SIGNATURE________________________________DATE_________________

RENTAL TERM

DUE WITHIN 30 DAYS OF ARRIVAL