Ko'olina Hillside Villa - Rental Agreement

HILLSIDE VILLAS - RENTAL AGREEMENT Client Information: Name:

Address:

Email Address:

City:

Phone Number:

State/Province and Zip Code:

Fax Number:

Country:

Names of all Occupants:

Entered into at Carlsbad, California on November 26, 2008, between Jeff Williams, herein after referred to as (Property Manager) and , herein after referred to as (Client), agree as follows: 1. PROPERTY: Property Manager rents to Client and Client rents from Property Manager the real property and improvements described as: 92-1504 Aliinui Drive, Villa 2, Kapolei, Hawaii 96707(Premises). 2. RATES & FEES: A. Rates: Rates are seasonal and/or vary during different times of the calendar year as described below: a. Low Season: For the month of May and the month of September the rate is $240.00 US per night. b. High Season: For the beginning of October through the end of April (except holidays below) and the beginning of June through the end of August the rate is $260.00 US per night. c. Holidays: For December 20th through January 3rd the rate is $340.00 US per night. B. Fees: Consist of a $250.00 US cleaning fee and any taxes due. 3. RENTAL AGREEMENT TERMS: Client agrees to pay rent for () days at the rate of $ US per day. The term begins on , (Commencement Date) at 3pm, as a lease, ending , at 11 a.m. The total rent shall be $ US (including 11.25% HI state tax and a $250 cleaning fee). Advanced payment of fifty percent (50%) of the total rent is required to secure the said term. Any and all fees referred to herein, shall be paid in full, 60 days prior to the Commencement Date. Property Manager may draft client’s credit card as necessary to: A. cure Client’s default in payment of rent or other sums due; B. repair damages caused by Client or their guest; C. clean the Premises if necessary, and D. replaceor return personal property beyond ordinary wear and tear. PAYMENT: Payments shall be paid to Jeff Williams. Please pay by Visa, MasterCard or Cashier’s Check only.

A. Payment upon reservation (½ the total rent, taxes and cleaning fee): Please charge my credit card in the amount of $ B. Final Payment due 60 days prior to occupancy (remaining balance): Please charge my credit card in the amount of $ CREDIT CARD INFORMATION: (required for all reservations, regardless of payment method) I Authorize Jeff Williams to charge my Visa / MC (check one) credit card, Credit Card # ---

Expiration:

Security Code (CVC):

Billing Address: Name on Credit Card:

Signature:

P.O. Box 131722, Carlsbad, CA 92013 * Phone: 760-712-3503 * Fax: 866-305-3552 * [email protected]

Initial

Typing Your Name is the Equivalent of Your Signature

4. CANCELLATION BY TENANT: In the event of cancellation of all or part of the reservation by Client, Property Manager agrees to refund the rentaldeposits to guest if and only if the property is re-rented to another quality Client for the canceled period under substantially the same terms and conditions as included herein. Property Manager and Client shall make their respective best efforts to re-rent in event of cancellation by Client. 5. UTILITIES: Property Manageragrees to pay for all utilities-excluding telephone and pay per view movies; however any amount attributable to use in excess will be charged to Client. It is agreed that we may charge the credit card on file for this amount. 6. OCCUPANTS: The Premises are for the sole use as a personal vacation residence by the named persons above only. If any other persons are found to be engaged in use of residence for any part of the period of use described herein, the lease shall be void and all deposits and rent shall be retained by Property Manager. In addition we will charge a $1,000.00 fine plus expenses. 7. NO SMOKING AND NO PETS: Smoking is not permittedinside the premises at any time. If there is evidence that smoking took place then guest will be charged a minimum $350.00 deep cleaning fee in addition to the normal cleaning fee. Pets are forbidden by the terms of this Rental Agreement. If any pet is brought on the Premises, this rental agreement may be forfeited and terminated at the option of Property Manager. Keeping a pet will be deemed a breach of material covenant of this Rental Agreement and all monies shall be retained without a refund. In addition Property Manager will charge a $1,000.00 fine plus expenses. 8. RULES AND PARKING: Client agrees to comply with all rules and regulations of any association governing the premises. Client shall pay any fines or charges imposed by such association or other authorities, due to any violation by Client or the guests of Client. Client shall not disturb or endanger other neighbors, or use the Premises for any unlawful purposes of any kind. Client and guests of Client are restricted to parking in the single car driveway for said leased premises only. 9. MAINTENANCE/DAMAGE/INSURANCE:Client shall properly use, operate, and safeguard the Premises, all furniture, furnishings, golf cart and appliances, and shall keep them as clean and sanitary as their condition permits. Client shall immediately notify Property Managerof any damage, and shall pay for all repairs or replacements caused by Client, or the guests of Client, excluding ordinary wear and tear. Client agrees that Property Manager may charge Client’scredit card on file for this amount. Client’s personal property is not insured by Property Manager or Owners. 10. INVENTORY & CONDITION: Property Manager will prepare and provide to Client a written INVENTORY & CONDITION FORM (including but not limited to golf cart, fixtures, furnishings, appliances and other personal property), which Client should check carefully. The form documents Client’s agreement regarding the condition of the unit and what items were in the unit upon Client’s arrival. Prior to departure, all items must be accounted for and in same condition, except for normal wear and tear. If there is any disagreement, the INVENTORY & CONDITION FORM will be treated as correct. 11. ALTERATIONS: Client shall not make any alterations to the Premises without Property Managersprior written consent. All furniture must be returned to its original location prior to Client’s departure or there may be an additional charge, Client acknowledges receipt of: 2 (Two) house keys, 1 (One) garage opener, 1 (One) pool key, and 1 (One) golf cart key. Key Replacement Fee is approximately $250.00 (i.e. cost of re-key and duplicate keys). 12. LIMITATION OF LIABILITY: A. THIS LEASE IS MADE UPON THE EXPRESS CONDITION THAT PROPERTY MANAGERS AND PROPERTY OWNERS SHALL BE FREE FROM ALL LIABILITY AND CLAIM FOR DAMAGES EXCEPT THOSE CAUSED BY THE GROSS NEGLIGENCE OF PROPERTY MANAGERS AND PROPERTY OWNERS, by reason of any injury to any person or persons, including Client, or property of any kind, from any cause or causes, in any way connected with the said Premises, or services provided therein, or the use or occupancy thereof during the term of this Lease or any extensions hereof or any occupancy hereunder, in no event or any event shall the Property Managers and/or Property Ownersbe liable for any damages from among other things, fire, water, leaking or overflowing of plumbing, theft, or vandalism. In no event or any event shall Property Managers or Property Owners be liable for any conduct of any other client of Property Manager, Owner or Client of the building where the Premises are located and any such conduct shall not give Client the right to terminate this Lease or any other agreement between Property Manager or Ownerand Client. Property Managers and Property Owners shall not be liable under any circumstances for consequential damages or damages or injury to Client’s business or potential business, no matter what causes such damages. B. THE PREMISES AND ANY SERVICES, FURNISHINGS, AND FACILITIES PROVIDED PURSUANT TO THIS LEASE ARE FURNISHED WITHOUT WARRANTY. Client’s sole remedy, and Property Manager’ssole obligation for any failure to render service, furnishings, any error or omission, any delay or interruption with respect thereto, is limited to Client’s billing in an amount equal to the charge for such service, for the periods during which the failure, delay or interruption continues. Client expressly and specifically agrees to waive, and agrees not to make any claim for damages, arising out of any failure to furnish any service, furnishing or facility, any error or omission with respect thereto, or any delay or interruption of the same.

P.O. Box 131722, Carlsbad, CA 92013 * Phone: 760-712-3503 * Fax: 866-305-3552 * [email protected]

Initial

13. INDEMNITY: CLIENT hereby covenants and agrees to indemnify and hold harmless Property Managers and Property Owners from all liability, loss, cost or obligations including actual attorney’s fees on account of Client’s use of the Premises including but not limited to the golf cart and anything done or allowed to be done by Client or Client’s guests on the Premises or the building where the Premises are located. 14. ENTRY AND SALE OF PROPERY: Client shall make the Premises available to Property Manager, Owner, authorized agent, or representative, for the purpose of entering to make necessary or agreed services, or to show the Premises to prospective or actual purchasers, tenants, mortgagees, lenders, appraisers, or contractors. If this property is sold prior to Clients stay, all monies collected for this rental will be refunded upon close of escrow and this agreement cancelled. 15. ASSIGNMENT/ SUBLETTING: Client shall not let or sublet all or any part of the Premises, or assign this Agreement or any interest in it. Any assignment, letting, or subletting shall be void. Property Manager’s acceptance of rent from any person other than the named Client shall not be construed as a waiver of this paragraph. 16. POSSESSION: If Client abandons or vacates the Premises, Property Managermay terminate this Agreement and regain lawful possession. If Property Manager is unable to deliver possession within one calendar day after the agreed Commencement Date, Client may terminate this Agreement by giving written notice to Property Managerat their stated business address, and shall receive a refund of all rent paid. If Property Manager is unable to deliver possession of the premises to Client at the commencement date, Property Manager will not be liable for any resulting or consequential damage relating thereto. 17. “HOLDING OVER”: Because of the nature of Property Manager’s business (short-term vacation rentals), Client understands and is hereby put on notice, that any unauthorized “holding over” of the property past the stated rental period could severely jeopardize Property Manager’s business and cause loss of rental income from other previously booked Clients, temporary and/or permanent loss of business, goodwill and reputation; and among other things, could force Property Managerto breach an agreement with similar short term Client(s) who may have reservations during Clients unauthorized “holding over” period. In this event, Client may be legally liable in damages to said other clients. We will also charge $100.00 per hour for each hour that you “hold over”in the premises. Client agrees that Property Manager may charge Client’s credit card on file for this amount. 18. CHILD PROOFING: Client understands that no special efforts have been made to “Child Proof” this property, and accept the risk or harm to any children Client allows on the property. These risks are not limited to, but include access to the golf cart, pool, Jacuzzi, ocean, adjacent street, and cleaning supplies in the house and garage. 19. CLEANING: Please note that the cleaning fee does not include dishes or any other excessive cleaning required to leavethe premises habitable for another occupant. In the event that extra cleaning is necessary, Client will be charged and liable for any additional charges incurred thereby. It is agreed that Property Managermay charge the credit card on file for this amount. THERE IS A CLEANING FEE OF APPROXIMATELY $250.00 FOR THIS UNIT. 20. JOINT AND INDIVIDUAL OBLIGATIONS: If there is more than one Client, each one shall be individually and completely responsible for the performance of all obligations of Client under this Agreement. 21. CLIENT REPRESENTATIONS: Client warrants that all statements in Client’s rental application are accurate. Property Manager may cancel this agreement at any time upon discovering that information in Client’s application is false or misleading. 22. ENTIRE CONTRACT:Time is of the essence. All prior agreements between Property Manager and Client are incorporated in this Agreement. 23. ACKNOWLEDGMENT: The undersigned have read the foregoing prior to execution and acknowledge receipt of a copy.

Client Typing Your Name is the Equivalent of Your Signature

Date

Client Typing Your Name is the Equivalent of Your Signature

Date

P.O. Box 131722, Carlsbad, CA 92013 * Phone: 760-712-3503 * Fax: 866-305-3552 * [email protected]

Initial