RENTAL AGREEMENT

            This RENTAL AGREEMENT (this “Agreement”) made this _______day of ___________, 2___ by and between Margaret A. Lin (“Lessor”), acting as Agent for the owners, and _______________________________________________ (collectively, “Occupant”).  Persons staying with Occupant in the Condominium shall be referred to herein as “Guests.”

WITNESSETH

            Section 1.  THAT IN CONSIDERATION of the premises, rents and covenants herein expressed, Lessor hereby leases to Occupant and Occupant rents from Lessor, upon terms and conditions herein set forth herein, that certain property known as Unit 2038 Stone Ridge Condominium, at 2038 Stone Ridge Condominium, Wintergreen, in Nelson County, VA 22958, in the Wintergreen Resort (the “Condominium”), for the term commencing at 4:00 p.m. on ____________________________, 2___ (the “Start of the Rental Period”) and ending at 11:00 a.m. on ________________________________, 2___ (“Check-out Day and Time”).  Occupant has 5 days after requesting the reservation and making contact with Lessor in which to mail back, fax or email the signed Rental Agreement and send payment of the first installment of the rent (via check or credit card using Paypal), or the reservation shall be cancelled. 

            Section 2.  Rent/Security Deposit

                        (a)       Total rent is $________, consisting of $_________ rental fee plus 7% tax of $________.  The first installment of 50% of the total rent is due upon the later of (a) the date of this Agreement and (b) 30 days prior to the Start of the Rental Period; and the balance of the total rent is due upon the later of (a) the date of the reservation and (b) 14 days prior to the Start of the Rental Period; provided, that if the date of this agreement is less than 14 days prior to the Start of the Rental Period, the total rent shall be due upon the date of this Agreement.  Notwithstanding the foregoing, in no event shall the Occupant or Guests occupy the Condominium prior to the Start of the Rental Period or prior to sending the total rent and security deposit to Lessor.  Keys shall in most cases be mailed to Occupant prior to the Start of the Rental Period. 

                        (b)        Payment of said installments to be remitted and keys to be returned to: Margaret A. Lin, 6830 19th Road North, Arlington, VA 22205, telephone (703) 533-5834.  Occupant agrees to pay Lessor a handling charge of $25.00 for any check returned for insufficient funds or any other reason. 

                        (c)        Occupant shall pay with the first installment of the rental amount the sum equal to $200.00 as security for the faithful performance by Occupant of his obligations hereunder. In the event of any breach or failure of occupant hereunder, the Lessor shall have the right to use and apply the said security deposit in the manner provided herein and permitted by law.  If Occupant has faithfully performed his obligations hereunder, paid all rent and other charges due Lessor, returned all keys and left the premises (including all personal property, fixtures and appliances) in the same condition as when premises were occupied, except for reasonable wear and tear and normal depreciation, the Lessor shall immediately return the amount of the security deposit to Occupant. If Lessor has made any deductions from security deposit all of said deductions shall be fully itemized in writing to Occupant.

            Section 3.         Cancellation.  Cancellations must be made in writing via certified mail or via email to wintergreenhaven@yahoo.com.  If notice of cancellation is received by Lessor at least 21 days prior to the Start of the Rental Period, Occupant shall receive monies sent to Lessor less a $20.00 handling fee.  If notice of cancellation is received by Lessor at least 14 days prior to the Start of the Rental Period but within 21 days of the Start of the Rental Period, Occupant shall forfeit the lesser amount of (a) any rental monies (not including the security deposit) sent to Lessor or (b) the security deposit; if notice of cancellation is received within 14 days of the Start of the Rental Period, Occupant shall forfeit the greater amount of (a) 75% of any rental monies sent to Lessor (not including the security deposit) or (b) the security deposit.  Notwithstanding the foregoing, (A) if Lessor manages to successfully re-let the Condominium to another person for the same rental period, Lessor shall remit to Occupant the lesser of (i) an amount equal to the amount received by Lessor for such alternate rental, less a $15.00 handling fee, or (ii) the amounts received by Lessor from Occupant and not yet refunded to Occupant, less a $15.00 handling fee.  Additionally, in the event that Occupant desires to move his rental dates to any time that is vacant other than (A) during the Ski Season period (generally commencing on December 1 and ending March 31) or (B) during a holiday weekend, the amount of monies remitted by Occupant shall be credited toward such rental less a $5.00 handling fee.   No refunds shall be permitted upon the Start of the Rental Period.

            Section 4.        

            (a)  Occupant, and Occupant agrees that he will ensure that Guests, shall use in a reasonable manner all electrical, plumbing, sanitary, heating, air conditioning and other fixtures, facilities and appliances and personal property in the premises, and Occupant shall be responsible at his expense for any damage caused by his or Guests’ failure to comply with this requirement.   For the avoidance of doubt, Occupant shall be responsible for (i) any damages, other than normal wear and tear, to the Condominium, the building the Condominium is located in, any neighboring units, or any of the fixtures, structures, appliances or personal property attached thereto or located therein resulting from the negligent, reckless or intentional acts of Occupant or Guests and (ii) any loss arising from the unauthorized removal or theft of any personal property or fixtures owned by Lessor or the owners of the Condominium during the rental term of Occupant.  Occupant agrees to promptly report to Lessor’s maintenance contact any mechanical, electrical, plumbing of other problems with the Condominium. Occupant and Guests shall refer to the directory of numbers listed next to the phone for the appropriate contact. 

            (b)        Occupant, and Occupant agrees that he will ensure that Guests, shall not deliberately, recklessly or negligently destroy, deface, damage, impair or remove any part of the premises (including fixtures, facilities and appliances) or personal property located therein or permit any person to do so, whether known by the Occupant or Guests or not, and Occupant shall be responsible for any damage or loss caused by his or Guests’ failure to comply with this requirement. 

            (c)        If damages and/or losses are in excess of the security deposit being held, Occupant agrees to reimburse Lessor for costs incurred to repair/replace damaged, removed or lost items.

            Section 5.         Occupant, and Occupant agrees that he will ensure that Guests, shall not keep pets on premises without the written consent of Lessor.

            Section 6.         The Lessor shall give the Occupant and Guests quiet enjoyment for the term of the lease. The Occupant agrees to conduct himself and to require others on the premises with his consent to conduct themselves, whether known to Occupant or not, in a manner that will not disturb his neighbors’ peaceful enjoyment of their premises. The Occupant further covenants and agrees that he will not use nor permit to be used the premises for any improper, illegal, or immoral purposes, nor will he use, permit, or suffer the same to be used by any person or persons in any noisy, dangerous, offensive, illegal or improper manner.  Lessor and his representatives and agents have the right to enter the property at any reasonable time to make repairs or inspect for any damage or problems that arise or are reported.  Unruly behavior, loud parties or damage to the property will result in Occupant and Guests being expelled from the property without a refund.

            Section 7.         The Occupant agrees that he and his Guests shall not make any copies of keys to the premises and upon termination of this Rental Agreement, the Occupant shall surrender all keys to the premises. Lessor shall not be responsible for the protection of Occupant or Guests from violent or criminal acts, on or off the premises.  For Occupant’s safety and the safety of subsequent renters, Occupant shall return keys within ten (10) days of the Check-out Day and Time. Failure to do so will result in a charge  to Occupant to change the locks in the Condominium.

            Section 8.         All personal property placed in the leased premises, or in any other portion of the property on which the premises is located, by the Occupant or Guests shall be at the sole risk of the Occupant or the parties owning the same, and the Lessor shall in no event be liable for the loss, destruction, theft, or damage to such property unless caused by or resulting from intentional act or recklessness of the Lessor.  Lessor shall not be responsible for any accidents or injuries to Occupant or Guests or any other persons invited on to the property by Occupant or Guests unless due to the intentional act or recklessness of Lessor, and Occupant and Guests agree to hold harmless Lessor for such accidents or injuries.  Occupants and Guests shall keep the Condominium locked and secured at all times.  Occupant and Guests agree to indemnify and save Lessor and the owners of the Condominium, and their respective employees and agents, free and harmless from any liability for any loss or damage whatsoever arising from, related to, or in connection with rental of the premises, including but not limited to any claim or liability for personal injury or damage or loss of property which is made, incurred or sustained by Occupant, Guests or any other Occupant/Guest invitee unless due to the intentional act or recklessness of Lessor.

Section 9.         If the rental amounts and deposit are not paid as requested, or if any checks are returned by Occupant’s bank unpaid (for any reason), Lessor may, at his option, void this Agreement. If so voided, Lessor will give prompt notice to Occupant.

            Section 10.        Occupant and Guests are not allowed to sublet or assign use of the Condominium to anyone.  This Agreement shall not be assigned by Occupant without the prior written consent of Lessor.

            Section 11.        Capacity of the Condominium is limited. There is a maximum occupancy of six (6) people, unless prior consent is obtained from the Lessor. 

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            Section 12.        Occupant understands and acknowledges and agrees to the following:

                        (a)        there is no charge for local or toll-free calls on the telephones in the Condominium; however, long distance calls are blocked and Occupant and his Guests must rely on their own calling cards. 

(b)        no smoking is permitted in the Condominium and if this restriction is violated, Occupant may be liable for a clean-up fee.

                        (c)        Lessor has a locked closet for personal items and Occupant and Guests shall not open or attempt to open such closet.  Forced entry into such closet shall be grounds for immediate termination.

                        (d)        To the extent that the premises is left in an unreasonable state and extra cleaning is required over and above what is typical, will result in an extra charge, which will be deducted from the Security Deposit.

                        (e)        The property is equipped and set up as a fully furnished property that will include bedspreads, linens, blankets, pillows, towels, as well as a fully equipped kitchen. THERE WILL BE EXTRA CHARGES TO THE SECURITY DEPOSIT FOR REPLACING THESE ITEMS IF FOUND TO BE NECESSARY.  Occupant shall plan on packing personal toiletry items. A limited supply of toilet paper, paper towels, and other dispensable items may be supplied but Occupant may need to make a trip to the grocery store to replenish these items as he or his Guests may need.         

                        (g)        In one of the kitchen drawers, there is a sheet of information containing information on certain actions the Guest must take, including turning on the water heater and water supply at arrival and turning off the same at departure, and setting the thermostat in accordance with the Winter Freeze Policy upon departure.  If Guest has any questions with respect to these, Guest shall contact Lessor prior to departure.

            Section 13.  Violation by Occupant or Guests of any of the conditions or restrictions of this Agreement will automatically authorize Lessor to terminate this Agreement and enter premises.  Upon notice of such termination of this Agreement, Occupant and Guests shall vacate the premises immediately, without refund of rents or security deposit.  Further, it is understood and agreed that in the case of the violation of this Agreement in any way by the Occupant or Guests, the Lessor hereby is expressly given the right to take any action stated herein and all other actions not stated herein but which are allowable by law.

            THIS RENTAL AGREEMENT is the entire agreement between the parties, and no modification or addition to it shall be binding unless put into writing and signed by all parties hereto. The covenants, conditions and agreements contained herein are binding upon and shall inure to the benefit or the parties hereto and their respective heirs, executors, administrators, and/or permitted assigns.  Parties signing this Agreement shall be jointly and severally liable. Wherever the context so requires, the singular number shall include the plural, the plural the singular, and the use of any gender shall include all other genders. Time is of the essence in all matters.