This Rental Agreement may be executed in one or more counterparts and via electronic means, including by submission through a website or email, which shall bind the Guest and be considered an original for all purposes.
By acknowledging this Rental Agreement below, the Guest agrees that he/she has read and hereby agrees to the terms of the attached Terms and Conditions, which such Terms and Conditions run in favor of, and may be enforced by, the Owner (as defined therein) and its agents.
The undersigned Guest has executed this Rental Agreement as of the date first set forth above.
Terms and Conditions
1. Incorporation. These Terms and Conditions are delivered in connection with the Rental Agreement (“Rental Agreement”) executed by the Guest identified in the Rental Agreement to which these Terms and Conditions are attached, and are made by Guest in favor of, and enforceable by, the owner of the Premises (“Owner”) and Bowstring Management, Inc. (“Bowstring Management”), as agent for the Owner. The terms hereof are hereby incorporated into the Rental Agreement, as if such terms were stated therein. These Terms and Conditions shall constitute terms agreed to by the Guest in connection with its rental of the Premises under the Rental Agreement, as and shall be legally binding upon the Guest. For purposes hereof, the term “Agreement” means the Rental Agreement, together with these Terms and Conditions. Capitalized terms not defined herein shall have the meaning ascribed to them in the Rental Agreement.
2. Guest requirements: The Guest under the Rental Agreement (“you” or the “Guest”) must be at least 21 years of age and shall be present at the Premises during the stay. Additional guests under the reservation are Guest’s invitees.
3. License. Subject to these Terms and Conditions, the Guest shall have a license to use and occupy the Premises on the reservation date(s) for the total cost indicated in the Rental Agreement.
4. Payment: All reservations require payment in full 30 days before the guest’s arrival, or when booking the reservation, if reservation made less than 30 days prior to arrival.
5. Property Damage Protection: Owner encourages the Guest to purchase property damage protection at the time of booking each stay in order to cover any accidental, unintentional damages caused by any guest under the reservation.
6. Check-in and check-out times: Check-in and check-out times are as stated in the Rental Agreement. Please contact Owner if you are interested in early check-in or late check-out, but note that early check-ins and late check-outs are granted in the sole discretion of Owner and are typically not available.
7. Cancellation Policy:
a. For reservations more than 30 days from cancellation: you may cancel without penalty up to 30 days before your reservation starts to receive a full refund.
b. For reservations beginning 15-30 days from cancellation: you may cancel, however, due to the difficulty in filling cancelled reservations, 50% of your payment is non-refundable.
c. For reservations less than 15 days from cancellation: Due to the difficulty in filling cancelled reservations on short notice, no refund will be offered.
d. Refunds are not offered for weather, road conditions or any other factor outside of Owner’s control. Please consider purchasing travel insurance to cover losses due to travel delays, extreme weather, illness or other covered reasons.
8. Guest conduct:
a. You agree that you will not permit more than the number of guests stated on your reservation to stay at the Premises.
b. Pets are not permitted on the Premises without express permission in advance from Owner, with payment of pet fees if applicable. Any permitted pets must be kept on a leash at all times on the Premises.
c. Smoking or vaping is not permitted on the Premises.
d. Firearms are not permitted on the Premises.
e. You are advised to lock doors and windows of the Premises and secure your vehicle and any personal items at all times. Owner does not provide security at the Premises (or any complex that includes the Premises), and shall not be responsible for theft of Guest or its invitee’s personal property.
f. You agree to follow instructions from Owner and its agents with respect to check-in and check-out procedures, access areas, policies and safety protocols.
g. Owner reserves the right to cancel your remaining reservation without a refund and charge fees and penalties proportionate to the damage for any violation of Owner’s policies related to guest conduct as described herein:
- All guests shall abide by our Good Neighbor Policy and shall not engage in illegal activity.
- Quiet hours are from 10 p.m. to 8 a.m.
- No events or large parties.
- No pets. We love animals, but due to guests' allergies, we have chosen to make this a pet-free home. Please do not allow any pets into this property.
- Smoking is not permitted anywhere on the premises except for sign-posted areas and NEVER indoors.
- Renter is liable for any damage to the property and agrees to accept charges to the card on file should damage occur during occupancy.
h. you agree to comply with all applicable federal, state, city and local laws, ordinances, rules and regulations concerning the Premises and your conduct during your reservation, including laws related to illegal substances. You shall not use the Premises for any unlawful purpose.
i. Guest acknowledges that Owner may have installed certain monitoring and/or detection devices in order to monitor conditions at the premises, including, without limitation, noise level, exterior conditions, motion, temperature, humidity and smoke at the Premises (“Devices”), and hereby consents to same; provided such Devices do not include cameras or microphones that record conversations on the interior of the Premises.
9. Limitation of Liability. No guarantees are expressed or implied regarding the suitability of the Premises (or any complex that includes the Premises) for any particular purpose or with respect to the state or condition of the Premises (or any complex that includes the Premises). The Owner does not guaranty that the Premises (or any complex including the Premises) is handicap accessible. The Guest and all of its invitees stay at the Premises is at their own risk. Neither the Owner or its agents (including, without limitation, Bowstring Management) shall be held liable or otherwise responsible in any way for injury or loss to any Guest or their invitees at the Premises (or any complex that includes the Premises), including without limitation the personal injury or loss, damage or theft of your personal property or your vehicle at the Premises, or for items left behind at the Premises at the conclusion of the Guest’s stay.
10. Indemnification. You agree to defend, indemnify and hold harmless the Owner and its agents (including, without limitation, Bowstring Management) and their respective employees, agents, contractors, representatives and successors from and against all losses, costs, expenses (including without limitation attorneys’ fees, expenses and court costs), liabilities, damages, claims, suits and causes of actions, to the extent arising from (i) your breach of this agreement, (ii) any violation of law by you or your guests, licensees or invitees at the Premises (or in any common areas of any complex that includes the Premises), and (iii) your use or occupancy of the Premises (or the common areas of any complex that includes the Premises), including any damage to the Premises, the common areas of any complex that includes the Premises, and any personal property located within the Premises (including, without limitation, any personal property of any guest, licensee or invitee). Indemnified claims under this section include, without limitation, claims for bodily injury, illness or death (including to other guests at the Premises), property damage or destruction and loss of use of the Premises.
11. Relationship between Bowstring Management and the Owner: Bowstring Management is a management company that performs management and hospitality services for the owner of the Premises. The Premises is individually and privately owned. Please contact Bowstring Management with any concerns related to your reservation.
12. Right of Entry: The Owner, its agents (including, without limitation, Bowstring Management) and their employees, representatives and agents reserve the right to enter the Premises at any time to check occupancy, check for damage or violations of law, make repairs, alterations or improvements, provide housekeeping services, or show the Premises to prospective purchasers or guests.
13. Notice. All notices required or contemplated by this agreement shall be in writing, which may be by email, and shall be deemed to have been given (a) upon confirmed delivery with signature receipt if sent by certified mail, return receipt requested, (b) upon confirmed delivery if sent by a nationally recognized courier such as FedEx or UPS or (c) upon delivery, if delivered by email during standard business hours. Notice shall be given to the Guest at the address or email address set forth in the Rental Agreement. Notices to Owner shall be sent to: c/o Bowstring Management, 1305 Clinton St., Ste 300, Nashville, Tennessee or Email: firstname.lastname@example.org.
14. Force Majeure. The failure of the Owner to perform its obligations under this agreement shall be excused to the extent, and for the period of time, such failure is caused by the occurrence of an event of Force Majeure. “Force Majeure” shall mean acts and events not within the control of the Owner or its agents, including, without limitation the following: Acts of God; strikes, lockouts, or other industrial disputes; inability to obtain material, equipment or labor; epidemics, civil disturbances, acts of domestic or foreign terrorism, wars within the continental United States, riots or insurrections; landslides, lightning, earthquakes, fires, storms, floods or washouts; arrests and restraint of rulers and people; interruptions by government or court orders; declarations of emergencies by applicable Federal, State, or local authorities; present or future orders of any regulatory body having proper jurisdiction and authority; explosions; and breakage or accident to machinery.
15. Additional Agreements: The Additional Amenities Addendum, if applicable, is hereby incorporated into this agreement. This agreement constitutes the entire agreement between the parties and supersedes any and all previous oral or written agreements or representations between the parties.
16. Miscellaneous. This agreement may not be assigned by the Guest. This agreement shall be governed by the laws of the State of Tennessee. Any suit, action or legal proceeding seeking to enforce any provision of, or based on any matter arising out of this agreement must be brought in the circuit court of Davidson County, Tennessee or the federal court of the Middle District of Tennessee, and you expressly consent to the exclusive jurisdiction of such courts and waive any objection to the venue. In the event of any arbitration or litigation brought in connection with this agreement, the prevailing party shall be entitled to recover its attorneys’ fees and costs, including those incurred at trial, on appeal and in enforcing any judgement, as determined by the arbitrator or the court.
Additional Amenities Addendum
1. Additional Amenities. The Owner may, at its sole discretion, make available for guest use any of the following types of facilities, equipment or activities at the Premises during the Guest’s stay (any or all of the following, the “Additional Amenities”):
a. fitness equipment (such as a treadmill or rowing machine),
b. bicycles, trampolines, or other recreational equipment,
c. a swimming pool or hot tub,
d. a grill, fireplace, stove or firepit.
2. Not Part of Reservation. The Owner’s election to make such facilities, equipment or activities available to guests is in addition to and not included in the unit reservation. As such, use of the Additional Amenities is conditioned upon the Guest’s execution of this Addendum. Use or availability of any Additional Amenities not guaranteed at any time.
3. No Representations or Warranties Regarding the Amenities. As the Guest under this agreement, you acknowledge for yourself and your invitees that:
a. Neither the Owner nor Bowstring Management make any representation or warranty as to the condition or performance of any equipment which may be available for use by guests engaging in the Additional Amenities.
b. All guests shall use the Additional Amenities in accordance with all requirements of applicable law and each guest has elected to use the Additional Amenities in its “as-is, where-is” condition.
c. All guests have been advised that participating in the Additional Amenities may involve a high degree of risk of danger, personal injury, and possibly death.
4. Safety and Use Instructions. You must read and follow any instructions given or signs posted at the Premises. You must closely supervise children near any Additional Amenity at all times. A swimming pool or hot tub may not be fenced. Do not use glass, electrical appliances, alcohol or drugs in or around a swimming pool or hot tub. Helmets for bicycles or other appropriate safety equipment may not be available for guests. If you observe any safety or quality issue with any of the facilities, equipment or activities provided, please notify Bowstring Management immediately and do not use the Additional Amenities.
5. Agreements of Guests. As a condition to allowing guests to engage in the Additional Amenities and to use the equipment and/or facilities provided by the Owner, you agree as follows on behalf of yourself and your invitees (being the Guest and all the guests under the reservation), and you represent and warrant to Bowstring Management and the Owner (collectively, the “Released Parties”) that you have the legal authority to agree to the following on behalf all invitees who are minors:
a. NO OTHER USERS. Only the individuals listed on the reservation in connection with the Rental Agreement are authorized to use any Additional Amenities.
b. ASSUMPTION OF RISK. You have been advised and know and understand the scope, nature and extent of the risks involved in participating in the Additional Amenities and voluntarily and freely choose to assume and incur such risks and any consequences which may result from such participation.
c. RELEASE OF LIABILITY. You release the Released Parties from any and all liability, claims, demands, or actions or causes of action whatsoever arising out of any damage, loss or injury or death to any guest or any guest property resulting from engaging in the Additional Amenities.
d. COVENANT NOT TO SUE. You agree to not institute any suit or action at law or otherwise against the Released Parties nor to initiate any or assist the prosecution of any claim for damages or cause of action which any guest or any guest’s heirs, executors or administrators hereafter may have by any reason of injury, death or property damage to the person of a guest or guest property arising from any of the Additional Amenities.
e. CONTINUATION OF OBLIGATIONS. The terms and conditions of the foregoing provisions of this Addendum relating to participation in any Additional Amenities shall continue in full force and effect now and in the future at all times during and after any guest participates in the Activities and shall be binding upon the heirs, executors and administrators of said guests or their estate.
You hereby acknowledge that you have read all of the provisions of this addendum relating to the participation in the Additional Amenities, you fully understand the terms and conditions expressed herein and you have freely chosen, on behalf of yourself and your invitees, to assume the risks associated with participation in the Additional Amenities and you agree to the provisions releasing the Released Parties from any liability related to engaging in the Additional Amenities.
This Addendum shall be considered a part of the Rental Agreement to the extent that any extra facilities, equipment or activities are provided by the Owner to Guest and the Guest and/or your invitees engage in the Additional Amenities. Capitalized terms used and not defined herein shall have the meanings ascribed to them in the Rental Agreement.