SHORT TERM RENTAL AGREEMENT

This Short Term Rental Agreement (this “Agreement”) is made by and between Helios Vacation Rentals LLC, a California limited liability company (“Manager”) and the person or entity that signs this document at the bottom  (“Renter”) (Manager and Renter are hereafter sometimes referred to as a “Party” or together as the Parties”) with reference to the following facts:

WHEREAS Manager makes available to people such as Renter short term rental access to residential properties such as the one Renter has applied to rent (the “Property”).  Manager makes pictures of the Property available at https://heliosvacations.com/, and

WHEREAS Renter has indicated to Manager that Renter desires to rent the Property for the term specified below, with the understanding that Manager is the manager of the Property and not the owner of it. 

NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be bound hereby, the Parties agree as follows: 

Rental Term, Fees and Costs.  

Renter hereby agrees to rent the Property for the total number of  nights reflected in Manager’s records as provided to Renter when Renter’s application is approved and accepted by Manager (the “Term”) in exchange for full payment of the fees and costs specified in the acceptance provided by Manager to Renter (in total, the “Rent”).  Renter agrees that total Rent may increase pursuant to the terms and conditions of this Agreement, and Renter shall be obligated to pay the total Rent that may be due hereunder at any time. 

CHECK IN/CHECK OUT: 

Check-In Time for all homes is 4:00PM Local Time. Early check in may be available for an additional fee upon request. Please ask your reservation agent for the cost for your specific property. Check Out Time is 11:00AM Local Time.  Late check out may be available upon request, so please ask your reservation agent for the cost and availability for your requested check out time. Renter check-out after the approved time without the prior written consent from Manager will incur a charge to your Card of one-half of your nightly rental Base Rate plus any actual costs incurred by Manager due to Renter being late vacating the Property. Renter check-out after 1:00PM without the prior written consent of Manager shall cause Renter to incur a charge to Renter’s Card in the amount of one day’s Base Rent plus any actual costs incurred by Manager due to Renter being late vacating the Property.

Payment Terms: 

Renter shall provide Manager, directly or through the booking platform (“Platform”) used by Renter to rent the Property, with details of a valid credit card (“Card”), which Manager is authorized by Renter to charge for all amounts due or to become due hereunder.  Direct Rent payments that are not completed using a Platform are processed by the Manager through Stripe using Renter’s Card. Fifty percent (50%) of all Rent is due and payable upon Manager’s acceptance of Renter’s booking and the remaining fifty percent (50%) is due not less than 60 days before Renter’s check in date. In the event that Renter’s check in is less than 60 days from the booking date, Manager is authorized to charge all Rent to Renter’s Card immediately upon acceptance of the Renter’s booking.

Security Deposit: 

Renter’s reservation shall include a $750 refundable security deposit (“Security Deposit”) as a hold on the Renter’s Card .  The Security Deposit shall be released by Manager 3 days after check out provided there are no Rent or other costs for which Renter is responsible hereunder. Should there be any damage above the coverage of the damage insurance or any damage not covered by the damage waiver described in Section 5 below, the Security Deposit will be charged for any such damage costs.  Renter hereby grants consent for Manager to charge Renter’s Card for the Security Deposit and any Rent or other unpaid amounts due, which  include without limitation, cleaning in excess of normal, damage beyond normal wear and tear, fines issued for noise violations or any other code compliance violations, removing excess garbage, repairing or replacing any part of the Property, its contents, common areas and recreational facilities for damage caused during the Term.

Safely Damage Waiver: 

As part of Manager’s efforts to help Renter relax and enjoy the Property during the Term, Manager has partnered with Safely.com to provide Renter with $1500 worth of coverage for unintentional damage to the Property or its contents that occur during your stay provided all such damage is clearly disclosed to Manager at or prior to check-out. Any damage that exceeds $1500.00 or is not covered by the insurance will be charged to Renter’s Card. This insurance coverage is automatically included as part of every reservation and is limited by the terms and conditions of the policy.

Payment Terms FOR THIRD PARTY BOOKING CHANNELS INCLUDING BUT NOT LIMITED TO AIRBNB: 

Manager is not responsible for reservations made by, money collected by, or rental experiences resulting from Renter obtaining use of the Property through a third party booking channel such as AirBNB or VRBO.  If Renter booked the Property through one of these channels, the payment terms and cancellation terms from the booking channel on which Renter reserved the Property shall apply to the extent of any conflict with this Agreement. Renter releases Manager from any and all obligations to Renter and its affiliates resulting from use of any such channel, including for any such differences in terms and conditions. In addition to any payment collected from Renter by a third party booking channel, Renter consents to additional Rent, fees or costs owed to Manager by Renter for any period after the reservation is made being collected from Renter by Manager by charging Renter’s Card.

Outdoor Noise Limits: 

For vacation rentals within the cities of Palm Springs and La Quinta, city regulations do not allow music or amplified noise outside at any time of the day.  For vacation rentals outside of those cities, music or amplified noise outside at a reasonable level is allowed as long as amplified noise is not heard beyond the property line. Quiet Hours is enforced at the Property from 9pm-8am Sunday-Thursday and 10pm-8am Friday-Saturday (“Quiet Hours”), during which times any speakers and all amplified noise are prohibited even if it is coming from inside the home. Any other outdoor noise must be kept to a minimal level during Quiet Hours. During Quiet Hours, the City of Indio prohibits the use of all outdoor amenities and/or outdoor activities that can cause noise. If Renter or any guest is outside at the Property during Quiet Hours please be sure to keep noise to a minimum to not cause a disturbance to any neighbor. While Quiet Hours are strictly enforced, noise violations and fines may be levied at any time of day or night. The Property is equipped with a volume tracking device. This device tracks decibel levels, but does not record sounds. Upon the first notification of a noise violation, Manager will reach out to the Renter to seek corrective action. If the Renter is unresponsive or if no corrective action is taken, Renter may be evicted and lose entire reservation amount. If City code enforcement officers go to the Property and issue a citation at any time, Renter will be evicted, will lose entire reservation amount and will be responsible for paying the full citation amount and for all other consequences. Renter authorizes Manager to charge Renter’s Card for any fines issued by code enforcement or any charges incurred by Renter or charged to the Property, its owner, or Manager for breach of City noise policy.

Cancellations and Refunds: 

The following shall apply to this rental unless the terms and conditions of a Platform used by Renter differ:  

Direct Bookings (Website, Email, or Phone) and VRBO Bookings:

• If a reservation is canceled more than 30 days before the check-in date, the Renter will be refunded the Booking Total amount, except for the payment processing fee, unless the California Cancellation Policy is applicable.
• If a reservation is canceled within 30 days of the check-in date but no less than 14 days before check-in, the Renter will receive a 50% refund of the Booking Total amount, except for the payment processing fee, unless the California Cancellation Policy is applicable.
• If a reservation is canceled within 14 days of the check-in date the Renter will not receive any refund unless the California Cancellation Policy applies.
• California Cancellation Policy (Effective 07/01/2024): If the reserved Property is located in California, and the reservation, including the signing of the rental agreement and payment, is made over 72 hours before the check-in date and then canceled within 24 hours of the booking date, the Renter will receive a refund of the Total Booking amount.

Notwithstanding the forgoing, there is a strict no cancellation policy for all major holidays, major tennis or golf tournaments, and music festivals. Festivals include but are not limited to the Power Trip, Coachella and Stagecoach music festivals. Special events and music festivals that are cancelled, postposed, or altered in any way, for any reason, do not qualify for any refund, alteration of the reservation or cancellation, including Acts of God, pandemics, epidemics or health outbreaks such as COVID-19. NO CREDIT WILL BE ISSUED IN THE CASE OF EARLY DEPARTURE OR CANCELLATION OF ANY FESTIVAL BOOKING. 

Any additional fees incurred by Renter after the reservation is made including but not limited to early check in, late check out, pet fees and additional guest fees can be cancelled before check in for a full refund minus any payment processing fees. Pool and spa heating fees must be cancelled 24 hours before check in for a full refund minus any payment processing fees. Additional fees are non refundable after check in under any circumstances. Pool and spa heating fees are non refundable even if the amenity is not used.

UNFORESEEN CIRCUMSTANCES: 

Manager will not be liable to Renter or any other person or entity for any claim, loss, demand, damage, liability or inconvenience from any cause beyond its control, including but not limited to the following: weather conditions, acts of government, health emergencies (including pandemics), weather, natural disasters, civil disturbances, pests, construction, and any and all Acts of God. There shall be no refunds of Rent for any such circumstances, so Renter is encouraged to consider purchasing travel and/or rental insurance to protect Renter and its guests from these consequences.

PRIVATE POOL AND SPA: 

The Property features a private pool and spa. The Pool and spa is professionally cleaned twice per week and standard pool chemicals are used.  A pool technician might service the pool during your stay. For an additional fee, the pool may be heated for your use and enjoyment upon request. Please contact a reservation agent as to the cost of pool heating prior to check in. Tampering with the pool pump, pool heater or pool panel will result in a minimum fine of $500 and will be deducted from Renter’s security deposit. While pools are serviced regularly, we experience winds in the desert that may cause debris from trees and other materials to fall into the pool. Please advise the office if your pool is not clean, and we will make every effort to contact a pool cleaner, but please understand that WE CANNOT GUARANTEE that the pool person will be able to return to the Property during your stay. In the event of any damage caused by tampering with the pool or spa equipment, Renter shall be responsible for the cost of all such damage.

PETS: 

Only certain of our properties permit pets. Please inquire with Manager to confirm if the Property allows pets. Prior to arrival, Renter is required to have written permission from the Manager to bring any pet to the Property. If the Manager gives permission, up to two pets shall be permitted on the Property for a fee of $150 per pet. Pets are not allowed in the pool or on the beds under any circumstances. Notwithstanding the $150 per pet fee, Renter is solely responsible for cleaning up after pets, and any pet waste left at the Property will incur additional charges. Any damage to the home or its contents, extra pool maintenance as a result of pets being in the pool, or extra cleaning needed due to pets will also result in additional fees. If unauthorized pet(s) are discovered at the Property at any time, Renter will lose their entire Security Deposit as liquidated damages for breach of this Agreement, which Renter agrees is a fair and reasonable estimate of the cost to Manager for that breach.

Parking:

Renter and their daytime guests must park in the garage, in the driveway or directly in front of the Property. Neither Renter nor any guest shall park in front of a neighbor’s home, block their driveway or inhibit street access, and shall not have more vehicles at the property than the  number of bedrooms in the home. Violation of parking restrictions may result in forfeiture of security deposit. Violations issued by city code enforcement or HOA enforcement will be deducted from security deposit.

Trash:

Trash and refuse shall not be left stored within public view, except in proper containers for the purpose of collection by the City’s authorized waste hauler on scheduled trash collection days. Renter hereby authorizes Manager to charge Renter’s Card for the full cost to remove any excess garbage left inside or outside the home, in public view or for any failure of Renter or guests to place trash in a proper container.

NO EVENT/PARTY POLICY: 

Unless otherwise authorized in advance and in writing by Manager, no gatherings, celebrations, amplified music events (such as a party with a DJ), large speakers, parties or other private events at the Property (collectively “Events”) may be held at the Property during the Term. If Renter holds or permits an Event without receiving prior approval from Manager, Manager may in its sole discretion cancel the remainder of the Term, Renter shall forfeit the remainder of the Rent and its Security Deposit, and Renter shall be liable for any other costs or damages incurred due to its breach of the Event restrictions. 

NO SMOKING POLICY: 

This is a NON-smoking home. Smoking by any means, method, or device, of any substance is prohibited inside the home. Remediation of smoke odor inside the home or any other damage caused by smoking will be handled as intentional damage, not covered by damage waiver, and if evidence of smoking inside the home is found, a minimum of $750 or actual costs, whichever is larger, will be charged to the Guest’s credit card, or withheld from the Security Deposit.

Minimum Age To Book:

Renter represents and warrants that he, she or they are at least 25 years of age, and that Renter shall be present and exercise control of the Property at all times during the Term.

MAIL/SHIPPING POLICY: 

Renter shall not purchase or ship items for delivery to the Property. Manager does not have Property mailbox keys, and there are many different people with access to the Property at various times: vendors, housekeeping, guest services staff, etc. Manager is not responsible for any lost, damaged or delayed mail or deliveries. Returning any Renter or guest personal items after the Term shall incur an additional fee, plus all costs of shipping and delivery, which shall be payable in advance by Renter. Manager assumes no responsibility for any items left at the Property or lost due to any cause whatsoever.  Manager may, but shall not be obligated, to make a commercially reasonable effort to contact the Renter regarding any items found at the Property after the Term. Manager shall not be liable to Renter or any other person for the condition of any returned items. Any items not claimed within 30 days of the end of the Term may be retained, donated, disposed of or sold in Manager’s sole discretion.Loss, Damage or Theft of Renter’s property:

Neither Manager, the Property Owner, nor anyone related to either of them shall have any responsibility for personal property of Renter or Renter’s guests, including for any loss, damage or destruction of any personal property brought to the Property by the Renter, any guest or any other invitee. Without limiting the foregoing, personal property shall include jewellery, money and other personal effects, as well as any motor vehicles parked on or adjacent to the Property. Renters are strongly encouraged to purchase travel insurance for these risks.

PROPERTY SUBSTITUTION: 

If the Property becomes unavailable for any reason, Manager shall use commercially reasonable efforts to locate a suitable substitute property that is available during the Term.  If Manager is unable to locate such a substitute property, Renter’s sole recourse shall be the return of all Rent for unused nights of the Term and neither Manager nor the Property owner shall have any further duties or obligations to Renter.

CANCELLATION:

If at any time prior to or during the Term Manager in its reasonable discretion considers Renter’s use of the Property to be a risk to the Property or otherwise to be likely to result in a breach of this Agreement by Renter, Manager may by notice to Renter cancel Renter’s reservation and refund all Rent and the Security Deposit (minus any payment processing fees and Manager costs) to the extent there are no claims against those funds.  

Promotions and Coupons: 

If Renter seeks to apply any promotional concession, coupon or discount code to its rental of the Property, Manager shall have the right to approve or reject any such reduction in Rent in its sole and absolute discretion.   Manager may also require Renter to purchase a 3 night minimum stay at the Property to apply such a reduction in Rent and no such reduction shall apply to major holidays, major tennis or golf tournaments, and music festivals ( including but not limited to the Power Trip, Coachella and Stagecoach music festivals).

Liability of Renter and Obligation to Follow Rules:

Renter, for his, her or itself and on behalf of any guest or other persons present at the Property during the Term, hereby waives, discharges and agrees to indemnify and hold Manager and Property owner harmless from all costs, claims, demands, damages, losses and liabilities arising from this Agreement or related Renter’s rental of the Property, including without limitation, any accidents or injury to persons or animals and damage to or loss of money, property, jewelry or valuables of any kind. Renter agrees to follow any and all Property rules provided to them by Manager, any and all rules of the Homeowners Association where the Property is located, and any and all State, City or County ordinances in the area where the Property is located. Renter agrees to pay any citation or violation amounts issued by the city or HOA as a result of not following the rules stated above.  Renter acknowledges that the Property includes a pool and spa and agrees to monitor the pool and spa at all times to ensure that children and anyone unable to swim are closely supervised to avoid accident or injury. Renter agrees that the Property may be monitored by or on behalf of Manager using video and electronic surveillance to ensure compliance with this Agreement. There are no video surveillance devices inside the home. Renter acknowledges that access to the Property will be granted and may be rescinded via a digital access code. 

Damage, Breakage And Loss: 

All damage, breakage or loss at the Property, including to furniture and furnishings, are to be reported to the Manager by the Renter immediately. Should you discover damage or a maintenance/safety issue when you first arrive at the Property, please contact the Manager immediately.  Failure to do so may impact the effectiveness of the insurance policy described above, which will result in Manager assigning responsibility for those issues to Renter, and Renter will be charged for the cost of remedying the issues in full. 

Pre-Check In Link: 

Renter shall will receive a pre-check in link from Manager shortly after the booking is requested. Through this check in link Renter agrees to enter basic information regarding the proposed reservation, to sign applicable Terms and Conditions, and may request to purchase additional services Renter requires. Manager will provide access to the Property’s house manual the pre-check in link is completed and the rental is approved.

NO HOLD OVER POLICY: 

Renter expressly consents and agrees to vacate the Property immediately at the end of the Term (or on any earlier termination) and acknowledges and agrees that Manager and the Property owner will each incur substantial costs from any hold over by Renter or anyone given access to the Property by Renter, and Renter agrees to be liable for and to pay to Manager immediately upon demand the full amount of all such costs, including attorneys fees and costs of suit. 

JOINT AND SEVERAL OBLIGATIONS: 

If there is more than one Renter, each agrees to be jointly and severally responsible for full performance of this Agreement. 

RENTER CHECK OUT PROCEDURE:

Renter shall be responsible to check the Property’s house manual or ask Manager for the applicable check out time at the end of the Term. Renter shall comply fully with that check out time and be responsible for itself and any guests.  Manager may in its discretion charge Renter a late check out fee, and to deduct that fee from the Security Deposit if Renter does not comply with the check out time without advance written approval from Manager.

Prior to check out, Renter shall:

• Wash all dishes OR place in dishwasher and start the machine. Dishwasher soap is provided under the sink.
• Turn off all lights & appliances (coffee maker, electric tea kettle, etc.)
• Return any moved furniture back to its original spot
• Clean grill if used- does not have to be perfect. Just scrape off food so it does not stick.
• Close umbrellas to avoid breaking from strong winds.
• Remove ALL garbage inside home to the appropriate outdoor trash cans
• Close and lock all windows and doors

Any failure of Rental to leave the Property as required will result in Manager assessing fines, which may be deducted from the Security Deposit if necessary.

SWIMMING POOL WAIVER AND RELEASE OF ALL CLAIMS AND ASSUMPTION OF RISK (“Waiver & Release”)

In utilizing the swimming pool and amenities such as the slide (“pool”), you Will be expressly assuming the risk, legal liability, waiver, And release of all claims for injuries, damages, loss or Death which you, your family members, guests, invitees And licensees (collectively, “Pool Area Users”) might Sustain as a result of utilizing any and all amenities

Connected with and associated with the pool. I and the Pool Area Users agree to abide with the rules of The pool (“Pool Rules”). I Understand that landlord, its Officials, directors, agents, employees, volunteers and Representatives (collectively, “landlord”) retain the right

To restrict access to the pool for the failure of any person to comply with the Pool rules.

WARNING! THERE ARE OBVIOUS KNOWN DANGERS INHERENT IS SWIMMING ACTIVITIES. FOR EXAMPLE: PHYSICAL INJURY, AND IN SOME CASES, DEATH.

I. INDEMNIFICATION AND RELEASE OF LIABILITY 

In exchange for the landlord allowing me to voluntarily Utilize the pool, I understand and agree to: ASSUME AND ACCEPT ALL RISKS arising out of, Associated with or related to my and the Pool Area Users’ Use of the pool, even though such risks may have been Caused by the negligence of the Landlord;

BE SOLELY RESPONSIBLE FOR ANY INJURY, LOSS OR DAMAGE which I and the Pool Area Users may sustain while using the pool, even though such injury, damage, loss or death may have been caused by the negligence ofthe Landlord; INDEMNIFY AND HOLD HARMLESS Landlord from any And all claims, demands, actions, liability or costs, Including attorneys’ fees, which might arise out of my or The Pool Area Users’ use of the pool, even though such Claims, demands, actions and costs may have been Caused by the negligence of the Landlord. a) has the effect of releasing, discharging, waiving, and forever relinquishing any and all actions or causes of action that I may have or have had, whether past, present or future, whether known or unknown, and, whether anticipated or unanticipated by me, arising

out of my or the Pool Users’ use of the pool; b) constitutes a complete release, discharge and waiver of any and all actions or causes of action against Landlord; c) applies to personal injury, property damage, or wrongful death which I and the Pool Area Users may suffer, even if caused by the negligent acts or omissions of others; d) is an affirmative representation that I am assuming full responsibility for any and all risk of death or or personal injury or property damage suffered by me and the Pool Users while utilizing the pool; and e) is binding on me, my spouse, my heirs, my personal representatives, my assigns, my children and any Guardian ad litem for said children.

I. ACKNOWLEDGEMENT 

I acknowledge that by using the pool I have read this Waiver & Release and that I understand the words and language in it. I further understand that this waiver & Release is intended to be broad and inclusive and Governed by the laws of the state of California, and i agree that if any portion is held invalid, the remainder of the Waiver & Release will continue in full legal force and effect. I further agree that the venue for any legal proceedings shall be in the county of San Bernandino, State of California. I have read and fully understand the above important information, the potential dangers incidental to using the pool, the warning of risks, assumption of risk and Waiver & Release of all claims, and I voluntarily choose to use the Pool.