Terms of Service – Chapman Springs Ranch

During check in you will sign a physical copy of the below agreements:

This Lease Agreement (this “Lease”) is dated _____________________, by and between CHAPMAN SPRINGS GUEST RANCH LLC (“Landlord”), and _________________ (“Tenant”). The parties agree as follows:

PREMISES. Landlord, in consideration of the lease payments provided in this Lease, leases to Tenant ___________________ (the “Premises”) located at 5631 River Road, Clark Fork, Idaho 83811.

TERM. The Tenant will have full control and use of the Premises beginning on _________________ and will terminate at 11:00AM. on _________________.

LEASE PAYMENTS. The total rental payment owed for this Lease is $______ payable in advance. A nonrefundable deposit of $______ shall be paid on or before _________________ in order to reserve the Tenants reservation. Lease payments shall be made to Landlord at 301 Cedar Street, 202, Sandpoint, Idaho, 83864 or in person at 5631 River Road, Clark Fork Idaho, 83811 which may be changed from time to time by Landlord.

SECURITY DEPOSIT. At the time of the signing of this Lease, Tenant shall pay to Landlord, in trust, a security deposit of $250.00 to be held and disbursed for Tenant damages to the Premises or other defaults under this Agreement (if any) as provided by law. Security deposit will protect owner against damage or theft to the property and timely return of the door key. Deposit will be returned after Renter vacates property if the Property is not damaged, no theft has occurred, and key has been returned. Deposit may be applied by Landlord to satisfy damage repairs caused by Renter or to replace stolen items and such act shall not prevent Landlord from claiming damages in excess of the deposit. The Tenant is held financially responsible for damages to the Rental Property, whether made by themselves, their family, and another guest in their group or invitee.

POSSESSION. Tenant shall be entitled to possession on the first day of the term of this Lease, and shall yield possession to Landlord on the last day of the term of this Lease, unless otherwise agreed by both parties in writing. At the expiration of the term, Tenant shall remove its goods and effects and peaceably yield up the Premises to Landlord in as good a condition as when delivered to Tenant, ordinary wear and tear excepted.

MINIMUM STAY. This property requires a ____ night minimum stay. Longer minimum stays may be required during holiday periods.

USE OF PREMISES/ABSENCES. Tenant shall occupy and use the Premises as a dwelling unit. Tenant shall notify Landlord of any anticipated extended absence from the Premises not later than the first day of the extended absence. Tenant will maintain the premises in good order and appearance including keeping the premises free of trash and garbage. Reasonable wear and tear are the only exceptions to damage to the premises.

OCCUPANTS. No more than ___ person(s) may occupy the Premises at any one time unless the prior written consent of the Landlord is obtained. All guests over the age of 2 are counted towards the maximum. Any party falsely representing the number of people, or exceeding the maximum may be subject to immediate eviction without refund.

FURNISHINGS. The following furnishings will be provided by Landlord: Beds, kitchen equipment, WiFi, Google Home, in-cabin storage shelves, lamps, dish sets, glasses, silverware Tenant shall return all such items at the end of the lease term in a condition as good as existed at the beginning of the lease term, normal wear and tear excepted.

PETS. No pets shall be allowed on the Premises.

KEYS. Tenant will be given 1 key(s) to the Premises and 0 mailbox key(s). If all keys are not returned to Landlord following termination of the Lease, Tenant shall be charged $50.00.

LOCKOUT. If Tenant becomes locked out of the Premises, Tenant will be charged $100.00 to regain entry.

STORAGE. Tenant shall be entitled to store items of personal property in Said rented cabin. Storage is not permitted on decks, outside cabin or in any other structure on the ranch. during the term of this Lease. Landlord shall not be liable for loss of, or damage to, such stored items.

PARKING. The maximum number of cars allowed at the Property at any one time is 1. Parking exceeding this limit may result in immediate eviction and forfeiture of all amounts paid.

PROPERTY INSURANCE. Landlord and Tenant shall each be responsible to maintain appropriate insurance for their respective interests in the Premises and property located on the Premises. Tenant shall also maintain any other insurance which Landlord may reasonably require for the protection of Landlord’s interest in the Premises. Tenant is responsible for maintaining casualty insurance on its own property. It is recommended that travel or vacation insurance is obtained by the Tenant.

RENTERS INSURANCE. Tenant must have a renters insurance policy for stays longer than 5 days. Days are considered consecutive or non-consecutive if said days falls within 90 days of each-other.

ON FILE. Tenant must have on file with Landlord a current copy of Government ID for all adults staying on the premises and a valid Credit Card. Credit Card will be used for security deposit and any damages or violations of agreement(s).

NON-SUFFICIENT FUNDS. Tenant shall be charged $35.00 for each check that is returned to Landlord for lack of sufficient funds.

LATE PAYMENTS. For each payment that is not paid within 5 days after its due date, Tenant shall pay a late fee of $50.00 per day, beginning with the day after the due date.

NON-DISTURBANCE CLAUSE. Tenant and their guests shall not disturb, annoy, endanger (fireworks) or inconvenience neighbors nor use the premises for any unlawful purposes.

CANCELLATIONS. (a) If the Property becomes unavailable to the Tenant prior to occupancy, for any reason, Landlord agrees to refund the full amount paid to the date of cancellation, and Tenant agrees to release any claims against Landlord. (b) If, for any reason, the Tenant cancels this Agreement more than 31 days from the Arrival Date, Tenant will receive a refund of amounts paid, less a $0.00 cancellation fee. For Tenant cancellations made 30 days or less, all monies are forfeited unless Landlord is able to re-rent the Property under the same (or better) terms and conditions of this Agreement, for the full Term reserved. If the Property is re-rented under the same (or better) terms and conditions than this Agreement, Landlord will refund amounts paid, less a Cancellation Fee of 25% of rental amount. (c) There are no cancellations permitted within 29 days of Tenant Arrival Date. All amounts paid (Reservation Deposit and Final Payment) will be forfeited. Failure to pay the Final Payment in a timely manner will be considered a cancellation under this subparagraph and will result in forfeiture of the Reservation deposit.

SMOKING. Smoking is strictly forbidden inside the Property. Evidence of smoking inside the Property will result in immediate eviction and forfeiture of all amounts paid and will result in additional Cleaning Fee charges to Tenant as Excess Damage Cost and will be charged against the credit card on file or Tenant’s security deposit at Landlord’s election.

COOKING. Tenant may cook only in the specific areas set aside by Landlord for cooking. No open fires are allowed other than in the grill, outdoor fireplace, or in the stone hearth. The grill must remain in open area, away from trees, house, etc. All fires must be thoroughly extinguished before leaving unattended .

CLEANING. The property will be inspected and cleaned after departure. The rental fee includes laundry service for the towels and linens. Tenant is required to leave the property in the same general condition that it was received in by making sure that the dishes are washed and put away, and the house is generally picked up and ready to be vacuumed, dusted and laundered.

OTHER RECREATION. The following may be available from time to time on the property and grounds: all boating activities (sailing, kayaking, canoeing and the like), fishing, biking, hiking and various lawn games. Any other recreational activities that occur on the premises will be permitted according to the discretion of the Landlord.

DEFAULTS. Tenant shall be in default of this Lease if Tenant fails to fulfill any lease obligation or term by which Tenant is bound. Subject to any governing provisions of law to the contrary, if Tenant fails to cure any financial obligation within 5 days (or any other obligation within 10 days) after written notice of such default is provided by Landlord to Tenant, Landlord may elect to cure such default and the cost of such action shall be added to Tenant’s financial obligations under this Lease. All sums of money or charges required to be paid by Tenant under this Lease shall be additional rent, whether or not such sums or charges are designated as “additional rent”. The rights provided by this paragraph are cumulative in nature and are in addition to any other rights afforded by law.

HOLDOVER. If Tenant maintains possession of the Premises for any period after the termination of this Lease (“Holdover Period”), Tenant shall pay to Landlord lease payment(s) during the Holdover Period at a rate equal to the most recent rate preceding the Holdover Period. Such holdover shall constitute a month-to-month extension of this Lease.

CUMULATIVE RIGHTS. The rights of the parties under this Lease are cumulative, and shall not be construed as exclusive unless otherwise required by law.

ACCESS BY LANDLORD TO PREMISES. Subject to Tenant’s consent (which shall not be unreasonably withheld), Landlord shall have the right to enter the Premises to make inspections, provide necessary services, or show the unit to prospective buyers, mortgagees, tenants or workers. However, Landlord does not assume any liability for the care or supervision of the Premises while under the possession and of Tenant. As provided by law, in the case of an emergency, Landlord may enter the Premises without Tenant’s consent. During this Lease, Landlord shall be allowed to display the usual “To Let” signs and show the Premises to prospective tenants.

INDEMNITY REGARDING USE OF PREMISES. To the extent permitted by law, Tenant agrees to indemnify, hold harmless, and defend Landlord from and against any and all losses, claims, liabilities, and expenses, including reasonable attorney fees, if any, which Landlord may suffer or incur in connection with Tenant’s possession, use or misuse of the Premises, except Landlord’s act or negligence.

DANGEROUS MATERIALS. Tenant shall not keep or have on the Premises any article or thing of a dangerous, flammable, or explosive character that might substantially increase the danger of fire on the Premises, or that might be considered hazardous by a responsible insurance company, unless the prior written consent of Landlord is obtained and proof of adequate insurance protection is provided by Tenant to Landlord.

COMPLIANCE WITH REGULATIONS. Tenant shall promptly comply with all laws, ordinances, requirements and regulations of the federal, state, county, municipal and other authorities, and the fire insurance underwriters. However, Tenant shall not by this provision be required to make alterations to the exterior of the building or alterations of a structural nature.

SUBORDINATION OF LEASE. This Lease is subordinate to any mortgage that now exists, or may be given later by Landlord, with respect to the Premises.

ASSIGNABILITY/SUBLETTING. Tenant may not assign or sublease any interest in the Premises, nor assign, mortgage or pledge this Lease, without the prior written consent of Landlord, which shall not be unreasonably withheld.

CASUALTY OR DESTRUCTION. (a) Should the Property be destroyed or rendered uninhabitable by an Act of God (including, but not limited to, hurricanes, storms, floods or fires), or by environmental disaster, or loss of utilities prior to occupancy by Tenant, this Agreement shall become null and void, and all payments made hereunder shall be refunded to Tenant. (b) Should the Property be destroyed or rendered uninhabitable as above during occupancy, reimbursement on a pro-rated basis will be negotiated between Tenant and Landlord based on the following: No refund is due (or will be made) for inclement weather.

NOTICE. Notices under this Lease shall not be deemed valid unless given or served in writing and forwarded by mail, postage prepaid, addressed to the party at the appropriate address set forth below. Such addresses may be changed from time to time by either party by providing notice as set forth below. Notices mailed in accordance with these provisions shall be deemed received on the third day after posting.

LANDLORD:

CHAPMAN SPRINGS GUEST RANCH LLC

301 Cedar Street, 202

Sandpoint, Idaho 83864

TENANT: ( Must provide copy of drivers license or passport for all adults staying on property )

__________________________________ ________________________________

Name (s)

__________________________________ ________________________________

Name (s)

___________________________________________________________________

Physical Address

_________________, _________ ___________

City State Zip

Such addresses may be changed from time to time by either party by providing notice as set forth above.

GOVERNING LAW. This Lease shall be construed in accordance with the laws of the State of Idaho.

ENTIRE AGREEMENT/AMENDMENT. This Lease contains the entire agreement of the parties and there are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Lease. This Lease may be modified or amended in writing, if the writing is signed by the party obligated under the amendment.

SEVERABILITY. If any portion of this Lease shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Lease is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

WAIVER. The failure of either party to enforce any provisions of this Lease shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Lease.

BINDING EFFECT. The provisions of this Lease shall be binding upon and inure to the benefit of both parties and their respective legal representatives, successors and assigns.

DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.

Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation does not successfully resolve the dispute, then the parties may proceed to seek an alternative form of resolution in accordance with any other rights and remedies afforded to them by law.

CAUSE FOR EVICTION. The Tenant and all parties with the Tenant will be subject to immediate eviction from the Property if the Tenant or parties of the Tenant violate any terms of this Agreement, including but not limited to, violation of the occupancy limits, pet provision, smoking, noise ordinance or parking. In the event of eviction from the Property, the Tenant shall forfeit all amounts paid and there will be no refund of money.

ATTORNEY’S FEES AND COSTS. If Landlord employs the services of an attorney to enforce any conditions of this Agreement, to collect any amounts due, the eviction of the Tenant, or because Tenant takes any action to recover deposits not due, Tenant shall be liable to Landlord for reasonable attorney’s fees and costs incurred by Landlord.

ACKNOWLEDGMENT. The Parties hereby understand and accept the terms and conditions on all pages of this Agreement.

VACATION LEASE INSPECTION CHECKLIST

Tenant has inspected the Premises and states that the Premises are in satisfactory condition, free of defects, except as noted below:

SATISFACTORY COMMENTS

Bathrooms_______ ______________________________

Carpeting_______ ______________________________

Ceilings_______ ______________________________

Closets_______ ______________________________

Dishwasher_______ ______________________________

Doors_______ ______________________________

Fireplace_______ ______________________________

Lights_______ ______________________________

Refrigerator_______ ______________________________

Screens_______ ______________________________

Stove_______ ______________________________

Walls_______ ______________________________

Windows_______ ______________________________

Window coverings_______ ______________________________

_____________________ ______________________________

SIGNATURE OF TENANT(s):

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SIGNATURE OF TENANT(s):

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SIGNATURE OF TENANT(s):

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SIGNATURE OF TENANT(s):

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RELEASE OF LIABILITY

READ CAREFULLY – THIS AFFECTS YOUR LEGAL RIGHTS

In exchange for participation in the activity of Horses, ATV, UTV, Fences, Wild animals, Hiking, Biking, Snowmobiling, Dogs, General ranch activities, Horseback riding, Lose fencing wires, Playground activities, Horse shoeing, General Ranch Equipment, Swimming, Fishing, On property driving, Stairs in all and on all buildings, Forest activities not limited to limbs or trees falling, Property walks and or work outs private or group, etc. organized by CHAPMAN SPRINGS GUEST RANCH LLC, of 301 Cedar Street, Sandpoint, Idaho, 83864 with physical address of said activities transpiring on or around 5631 River Road, Clark Fork Idaho, 83811 and/or use of the property, facilities and services of CHAPMAN SPRINGS GUEST RANCH LLC, I, _________________, of _________________, _________________, _________________ _________________, agree for myself and (if applicable) for the members of my family, to the following:

1. AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by CHAPMAN SPRINGS GUEST RANCH LLC, or the employees, representatives or agents of CHAPMAN SPRINGS GUEST RANCH LLC.

2. ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are certain inherent risks associated with the above described activity and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge CHAPMAN SPRINGS GUEST RANCH LLC for injury, loss or damage arising out of my or my family’s use of or presence upon the facilities of CHAPMAN SPRINGS GUEST RANCH LLC, whether caused by the fault of myself, my family, CHAPMAN SPRINGS GUEST RANCH LLC or other third parties. I also hold CHAPMAN SPRINGS GUEST RANCH LLC and it’s owners, contractors, partners or staff harmless if I or my party contracts any illness while on property. This includes but is not limited to any viral disease known or not known to the general world population.

3. INDEMNIFICATION. I agree to indemnify and defend CHAPMAN SPRINGS GUEST RANCH LLC against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family’s use of or presence upon the facilities of CHAPMAN SPRINGS GUEST RANCH LLC.

4. FEES. I agree to pay for all damages to the facilities of CHAPMAN SPRINGS GUEST RANCH LLC caused by any negligent, reckless, or willful actions by me or my family.

5. APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under Idaho law.

6. NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that CHAPMAN SPRINGS GUEST RANCH LLC has offered to refund any fees I have paid to use its facilities if I choose not to sign this Agreement.

7. ARM’S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arm’s length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either “for” or “against” a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.

8. ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.

9. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.

Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration under the rules of the American Arbitration Association. The arbitrator’s award will be final, and judgment may be entered upon it by any court having proper jurisdiction.

10. EMERGENCY CONTACT. In case of an emergency, please call _________________ (Relationship: _________________) at _________________ (Day), or _________________ (Evening).

I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.

SIGNATURE(s):

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SIGNATURE(s):

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RELEASE OF LIABILITY FOR ALL MINORS

READ CAREFULLY – THIS AFFECTS YOUR LEGAL RIGHTS

In exchange for participation in the activity of Horses, ATV, UTV, Fences, Wild animals, Hiking, Biking, Snowmobiling, Dogs, General ranch activities, Horseback riding, Lose fencing wires, Playground activities, Horse shoeing, General Ranch Equipment, Swimming, Fishing, On property driving, Stairs in all and on all buildings, Forest activities not limited to limbs or trees falling, Property walks and or work outs private or group, etc. organized by CHAPMAN SPRINGS GUEST RANCH LLC, of 301 Cedar Street, Sandpoint, Idaho, 83864 and/or use of the property, facilities and services of CHAPMAN SPRINGS GUEST RANCH LLC, I, _________________, of _________________, _________________, _________________ _________________, agree for myself and (if applicable) for the members of my family, to the following:

4. FEES. I agree to pay for all damages to the facilities of CHAPMAN SPRINGS GUEST RANCH LLC caused by any negligent, reckless, or willful actions by me or my family.

5. APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under Idaho law.

10. EMERGENCY CONTACT. In case of an emergency, please call _________________ (Relationship: _________________) at _________________ (Day), or _________________ (Evening)

I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.

SIGNATURE OF LEGAL GUARDIAN:

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