HIGHWOODS ESTATE PROPERTY RENTAL

TERMS AND CONDITIONS

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CHECK-IN: 3 PM EST

CHECK OUT: 11 AM EST

No early check-ins or late check-out without prior arrangements with Owner

Security Deposit

$2500

The security deposit will be collected at the time of signing this contract and will be returned within 7 business days after the rental period ends as long as there is no damage. If damages exceeds the amount of the security deposit, the Occupant or their insurance company shall be financially responsible.

Max Occupancy

The Entire Estate: 12 People

For any reservation and booking accommodation type that exceeds the number of maximum guests, the guest will be charged $100/person/night, regardless of age of guest.

THE FOLLOWING ARE NOT ALLOWED ON THE PROPERTY AT ANY TIME:

  • Animals: No Animals are allowed on, in or about the Property without the consent of the owner beforehand. There is a pet fee if the owner does agree to host pets. Emotional Service Animals must be discussed before the stay and are subject to the pet fee as well. If a guest brings a pet and does not disclose this to the owner prior to the beginning of the reservation. it will be considered a violation of the rental agreement and guest will forfeit $1000 fee.

  • Smoking: – The Occupant and members of Occupant’s household and guests will not smoke anywhere inside the home. Smoking is only permitted outdoors with the use of proper disposal devices, and ensuring that any nearby windows are closed.

  • Events: No events allowed onsite.

  • Decorations: No Glitter, No Balloons, No Sparkles of any kind. This creates a massive issue for my cleaning staff after your stay.

By paying on this website and making a reservation directly with us you agree to the following schedule of potential fees:

FEES THAT MAY BE CHARGED

  • Lost Keys: $50

  • Smoke Cleanup: $1000 – NO Smoking Anything Inside. Ever. Cigarettes, Vapes, Joints, Blunts

  • Excess Mess and Waste: $300 – We are not responsible for cleaning up excess mess and waste from your stay! IN an effort to reduce the amount of trash, we recommend using the plates provided, the dishwasher, etc. If you have created more trash than what fits in three massive bins at the bottom of the driveway (which are picked up twice a week), please dispose of it yourself if you can. If you cannot, we will charge you for the time/handling and transfer station costs we will incur as a result of dumping your trash there. Again, all trash must be taken to the green metal receptacles at the street.

  • Glitter or Decorative Sparkles: $400

  • Balloons in Rafters: $400

  • Lost/Damaged Linens Rendered Useless (blood, makeup, wine, other stains): Full Replacement Cost plus shipping/handling and taxes

  • Dirty Jacuzzi -$750 (It’s expected that you will wash feet/take a shower before entering hot tub and treat the hot tubs as you would your own. No drinks, food, or anything else inside. NO GLASS inside the jacuzzi. If it’s determined by the cleaning staff that the jacuzzi is rendered unusable for any reason, meaning either a deep clean which means the tub must be emptied, cleaned and then refilled, by my staff or a professional company, your group will be charged the fee).

  • Firewood ($10/bundle of wood = 6 or 7 pieces or $10/kindling) – Honor System, pay for what you use

    (Paid via Venmo or Cash when you leave)

Communication: If something happens at the house, to the house or to anything that you think I should be aware of, please communicate with the rental manager immediately. Please take pictures to help document as well. This is for any issue related to breaks, spills, damage, danger, safety or anything that is going to potentially cause an issue after the reservation.

Mistakes happen! Accidents happen! It’s all ok…as long as communication and responsibility is taken to remedy the situation by the booking guest immediately.

DAMAGE

If anything breaks, is damaged or is lost, the expectation is that you inform the property manager immediately as well as the owner through the proper booking channel or email. We have an honor system and expect guests to adhere to it as any responsible human would.

All fees will be deducted from the security deposit after careful inspection by the cleaning staff and rental manager after the stay.

CARE AND USE OF PROPERTY

Parking

  • Vehicles are to be parked in designated parking areas.

  • Parking on Snyder Lane is strictly forbidden.

  • Never more than 8-10 cars are permitted on the property at any given time.

  • Any illegally parked cars are subject to towing; applicable fines/towing fees and is the sole responsibility of the vehicle owner.

Before Vacating, Occupant Agreements

  • Place all debris, rubbish and foodwaste in the appropriate trash/recycling bins in shed in garage.

  • Run a final load of dishes before leaving.

  • Ensure all devices that should be turned off prior to leaving are off

  • Place all keys in the lock box outside upon departure and lock the house.

  • Place all used linens and towels in the bathroom of each respective room before departure.

  • Pay all charges/fees accrued during the stay.

During the term of this Agreement or within 10 days after its termination, Owner may charge the Occupant or file a claim with the booking platform for any of the following reasons:

  • Repairing walls due to plugs, large nails or any unreasonable number of holes in the walls including the repainting of such damaged walls;

  • Repainting or repair anything required to repair the results of any other improper use or excessive damage by the Occupant;

  • Unplugging toilets, sinks and drains;

  • Replacing damaged or missing doors, windows, screens, mirrors or light fixtures;

  • Repairing cuts, burns, or water damage to floors, tiles, carpets and other areas;

  • Fumigation or additional cleaning of surfaces/fabrics due to smoke damage anywhere on the property;

  • Repairing any damage to any appliance located on the Property;

  • Creating a nuisance on the Property for which a citation has been issued and the cost of such citation;

  • Any other repairs or cleaning due to any damage beyond normal wear and tear caused or permitted by the Occupant or by any person whom the Occupant is responsible for;

  • The cost of extermination where the Occupant or the Occupant’s guests have brought or allowed insects into the Property or building;

  • Repairs and replacement required where windows are left open which have caused plumbing to freeze, or rain or water damage to floors or walls;

  • Replacement of locks and/or lost keys to the Property and any administrative fees associated with the replacement as a result of the Occupant’s misplacement of the keys; and

  • Any other purpose allowed under this Agreement or New York law.

Occupant Improvements

Occupant agrees to forfeit any right to alter the home in any way. This includes, but is not limited to:

  • Applying adhesive materials, or inserting nails or hooks in walls or ceilings;

  • Painting, wallpapering, redecorating or in any way significantly altering the appearance of the Property;

  • Removing or adding walls, or performing any structural alterations;

  • Installing a waterbed(s);

  • Changing the amount of heat or power normally used on the Property as well as installing additional electrical wiring or heating units;

  • Placing or exposing or allowing to be placed or exposed anywhere inside or outside the Property any placard, notice or sign for advertising or any other purpose; or

  • Affixing to or erecting upon or near the Property any radio or TV antenna or tower.

  • Changing or removing or adding any locks or lockboxes on the premises

No Daily Maid Service

  • While linens and bath towels are included, daily maid service is not included in the rental rate.

  • Should occupant desire more frequent maid service, it can be arranged at an additional rate.

  • Any towels or linens taken from the property will incur a charge as per the fee schedule.

AGREEMENTS

  • The Occupant will not engage in any illegal trade or activity on or about the Property.

  • The Occupant will comply with standards of health, sanitation, fire, housing and safety as required by law.

  • At the expiration of the term of this Agreement, the Occupant will quit and surrender the Property in as good a state and condition as they were at the commencement of this Agreement, reasonable use and wear and tear excepted.

  • Occupant acknowledges that it does not have access to any restricted area on the Property.

  • The Occupant will use reasonable efforts to maintain the Property in such a condition as to prevent the accumulation of moisture and the growth of mold. The Occupant will promptly notify Owner in writing of any moisture accumulation that occurs or of any visible evidence of mold discovered by the Occupant. Owner will promptly respond to any such written notices from the Occupant.

Force Majeure

No refunds will be given for storms, bad road conditions, or ruined expectations due to any weather conditions or any

other force majeure.

Inspections

Occupant shall allow Owner to access to the property for purposes of repair and inspection. Owner shall exercise the right of access in a reasonable manner, giving 24 hours-notice except in the case of an emergency. The Occupant will promptly notify Owner of any damage, or of any situation that may significantly interfere with the normal use of the Property or to any furnishings supplied by Owner.

Cancellations

-If there is a non-refundable payment or deposit made on the reservation as part of the agreement between Owner and Guest, it will not be refunded regardless of when the reservation is cancelled.

-Outside of 60 days from start of reservation = Full Refund less CC fees

-On or Between 30-60 days: 50% Refund less CC fees

-On or Within 30 Days – NO Refund

Private Ownership

The house is privately owned; the owners are not responsible for any accidents, injuries or illness that occur to any of

the guests while on the premises or its facilities. The Owner is not responsible for the loss of personal belongings,

valuables or property of the guest. By accepting this reservation, it is agreed that all guests are expressly assuming

the risk of any harm arising from their use of the premises or others whom they invite to use the premise.

Attorney Fees

Occupants agree to pay all reasonable costs of attorney’s fees and expenses that shall be made or incurred by Owner

enforcing this Agreement or the defense or prosecution of any claims that are brought by or against Owner which

may arise as a result of Occupants actions or omissions with respect to the Property and/or Occupants obligations

under this Agreement.

Governing Law

This Agreement will be construed in accordance with and exclusively governed by the laws of the State of New York.

Severability

If there is a conflict between any provision of this Agreement and New York law, New York law will prevail and such

provisions of the Agreement will be amended or deleted as necessary in order to comply with New York law. Further,

any provisions that are required by New York law are incorporated into this Agreement.

Unenforceability

The invalidity or unenforceability of any provisions of this Agreement will not affect the validity or enforceability of any other provision of this Agreement. Such other provisions remain in full force and effect.

Mediation

If any dispute relating to this Agreement between the Parties is not resolved through informal discussion within 14

days from the date a dispute arises, the Parties agree to submit the issue before a mediator. The decision of the

mediator will not be binding on the Parties. Any mediator must be a neutral party acceptable to both Parties. The cost

of any mediation will be paid by the Occupant.

INDEMNITY

Occupant agrees to indemnify, defend, and hold harmless ZendenG9 LLC, its owners, property manager, and any subcontractors from any liabilities, costs, penalties, or expenses arising out of and/or resulting from the rental and use of the premises. The Occupant also agrees to indemnify and hold harmless ZendenG9 LLC its owners, property manager, and any subcontractors against any and all liability, claims, actions, demands, or losses of any kind or nature that may occur or be claimed with respect to any person or persons, corporation, property or chattels, on or about Highwoods or to the property itself resulting from any act done, or omission by or through the Occupant, its agents, contractors, employees, invitees, or any person on the premises of Highwoods Estate by reason of Occupant’s use or occupancy thereof. These may include, but are not limited to accident, injury or damage to property arising from any act of the Occupant’s guests, whether intentional or negligent, which occur during use. Occupant agrees to pay all costs and attorney fees incurred by ZendenG9 LLC, its owners and representatives in defending any such claim or action brought against ZendenG9 LLC, its owner and/or its representatives.

In the event ZendenG9 LLC, its owners, property manager, and any subcontractors are required to file any action in court in order to enforce any provisions of this contract, Occupant agrees to pay ZendenG9 LLC (its owners, property manager, any subcontractors and/or agents) all attorney fees, court costs, and costs of suit incurred by ZendenG9 LLC, including all collection expenses and interest due. Any suit brought by Occupant or ZendenG9 LLC with regard to any claim related to any aspect of this contract must be brought in the judicial district of Ulster County, NY.

To the greatest extent permitted by law, Occupant agrees to defend, indemnify and hold harmless Owner against all

third party claims and damages for bodily injury and property damage arising out of tenancy, whether caused by New

York laws or omissions, including but not limited to the sole negligence of Owner.

Hot Tub / Jacuzzi Indemnity

The Occupant and their family or guests who enter the property will use the hot tub at the Occupants own risk. The Owner will not be responsible for any injuries sustained by the Occupant and/or the Occupant’s guests when using the hot tub.

The Occupant is responsible for general maintenance of the hot tub. This includes but is not limited to keeping the hot tub clean of debris and keeping hot tub areas clean, neat and organized, putting the cover on and off when using the tub, and notifying the Owner if there are any issues.

The Occupant must immediately notify the Owner of any repair that the hot tub may require.

The Occupant will only use plastic cups in or near the jacuzzi. The Occupant is responsible for the full cost that may be due for repair and or replacement of the hot tub that is required as a result of negligence by the Occupant or the Occupant’s guests.

The Occupant must operate and use the hot tub according to the manufacturer’s instructions.

No pets of any kind are permitted in the hot tub at any time.

General Provisions

  • All monetary amounts stated or referred to in this Agreement are based in the United States Dollar.

  • Any waiver by Owner of any failure by the Occupant to perform or observe the provisions of this Agreement will not operate as a waiver of Owner’s rights under this Agreement in respect of any subsequent defaults, breaches or non-performance and will not defeat or affect in any way Owner’s rights in respect of any subsequent default or breach.

  • This Agreement will extend to and be binding upon and inure to the benefit of the respective heirs, executors, administrators, successors and assigns, as the case may be, of each Party. All covenants are to be construed as conditions of this Agreement.

  • Where there is more than one Occupant executing this Agreement, all Occupants are jointly and severally liable for each other’s acts, omissions and liabilities pursuant to this Agreement.

  • Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.

  • Occupant agrees and acknowledges that the owner has the right to modify and or change the layout, design, and style of the furniture of the rental at any time, as long as the rental has commensurate amenities as the website.

  • This Agreement may be executed in counterparts. Facsimile signatures are binding and are considered to be original signatures.

Written Exceptions

Any exceptions to the above mentioned policies must be approved in writing in advance.