This Short-Term Vacation Rental Agreement and Recreational Amenity Acknowledgment & Liability Waiver is entered into and made effective as of the signing date by and between the Property Owner/Operator (“Owner”) and the Guest/Occupants (“Guest”). Terms not specified in this Agreement shall be in accordance with the House Rules or the Reservation Policies, provided separately by the Owner. The Guest agrees to inform all other guests and persons accessing the Property of the terms of this Agreement and Waiver, and to ensure that all Occupants understand and comply with the terms. Any reference to the Property shall mean the Property located at 10 Glendale Place, Gilford, New Hampshire. Any reference to the Owner shall mean Alfred S. Lilly, III, Trustee of the Alfred S. Lilly, III Trust. Any reference to the Operator shall mean Spring Harbor Lodge, LLC, which is the Company that manages the Property for the Owner.

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The Guest agrees as follows:

1. The Guest agrees to abide by all rules and regulations set forth by local laws.

2. The Guest shall behave in a respectful manner and shall be good neighbors respecting the rights of the surrounding property owners. Creating a disturbance of the above nature shall be grounds for immediate termination of this agreement.

3. The Guest commits not to use the property for any illegal or commercial purpose, including but not limited to sub-lease the property or otherwise allowing anyone or more people to stay above the maximum permitted or if not previously agreed with the Owner.

4. The Guest is responsible for any breakage or damage costs (or related costs) in or to the property - along with any extra costs that may result - which are caused by the Guest or any members of the Guest’s party.

5. The Owner can refuse to allow the Guest into the property or ask the Guest to leave if they reasonably believe the Guest or any member of the Guest’s party (or any other person invited by the Guest to the property) are behaving illegally or that any damage is likely to be caused, has been caused or is being caused as a result of the Guest behavior or any members the Guest has invited to the property and without providing a refund of any payment the Guest has paid for the booking and the Owner will not be legally responsible to find any alternative accommodation.

6. Parking is limited to designated parking areas only.

7. Due to homeowners’ insurance regulations and restrictions, the following dog breeds are not allowed: Pit Bulls, Dobermans and Rottweilers. Occupant is responsible for any repair / damage / extreme odor/hair caused by dog. When outside, dogs must me on a leash at all times. Dogs must be approved and pet fee must be paid prior to stay. Cats are not allowed.

8. The Guest must not hold events (such as parties, celebrations or meetings) at the property without the advance written consent of the Owner. Any of these cases will allow the Owner to terminate the Agreement without providing a refund of any payment the Guest has paid for the booking and the Owner will not be legally responsible to find any alternative accommodation.

9. The Guest must allow the Owner or their representative (including workmen), with reasonable notice, access to the property at any reasonable time during your stay (except in an emergency or if a problem needs sorting out quickly and you cannot be contacted in time. In these situations, the owner can enter the property at any time without giving you prior notice).

10. The Guest is obliged not to make any changes in the rented property without prior receipt of agreement from the Owner in writing.

11. By agreeing to these Terms & Conditions, as acknowledged by signature below, the Guest waives, discharges and agrees to hold harmless the Owner, and Operator, and any parent, subsidiary, and affiliated company or companies of the Owner and/or Operator, and the trustees, officers, members, employees and agents of the Owner and/or Operator from all claims, damages or injuries arising from or related to the Guest’s stay at the Property, including without limitation, any accidents or injury to the Guest, and all other guests, visitors and associates staying at or visiting the Property, and loss of property, money, jewelry or valuables of any kind. The Guest is responsible for keeping his valuables safe at all times. 

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I. ACKNOWLEDGMENT

The Property may allow guest access to or use of the following recreational amenities (the “Recreational Amenities”):    

1. A boat slip with access to the lake;

2. One or more kayaks, stand-up paddleboards, or other unpowered watercraft (the “boats”); and

3. One or more bicycles

 

Due to a variety of factors, including weather and water conditions, these Recreational Amenities may not be functional or safely usable at the time of your stay. 

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1. Use of the dock and boats

Access to and use of the dock, use of the boats, or water recreation is at the Guest’s own risk. The Guest agrees to take all necessary preventative measures to avoid risks of injury and/or death, including but not limited to the use of personal flotation devices. The Guest specifically acknowledges that no lifeguard is present and that these conditions could pose a special risk to anyone engaging in water recreation, including children. Children under the age of 18 should always be supervised by an adult when on or near the dock or on the water.

1. Use of Bicycles

​​Access to and use of the bicycle is at the Guest’s own risk. The Guest agrees to take all necessary preventative measures to operate the bicycle in a safe manner, including the use of bicycle helmets 

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II. RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS; READ CAREFULLY BEFORE SIGNING

For Purposes of this Agreement, the Released Parties shall mean the Owner, and Operator, and any parent, subsidiary, and affiliated company or companies of the Owner and/or Operator, and the trustees, officers, members, employees and agents of the Owner and/or Operator.
 

The Guest understands and acknowledges that the use of the Recreational Amenities at the Property present various risks and hazard, including but not limited to unexpected wave activity, falls, floating debris, drowning, water-going vessels, wet decks, stairs, steps and ladders which may be slippery, water surface and subsurface conditions, water currents, collisions with objects and individuals, any and all of which jointly or severally may result in injury, death or damage to the Guest and/or the Guest’s personal property.  
 

In recognition of this, the Guest agrees that the Guest freely accepts and voluntarily assumes all risk of personal injury, death, or property damage, and hereby releases, waives, discharges and covenants not to sue the Released Parties from any and all liability for any and all loss or damage and any claim or demand which results in any way from the Recreational Actives and/or the Guest’s engagement in the Recreational Activities, including  but not limited to actions or omissions of Released Parties, and actions, omissions or behavior of other guests and/or overnight guests at the Property, or any other third party.
 

The Guest, hereby agrees to indemnify, hold harmless and exonerate the Released Parties from any loss, liability, damage or cost the Released Parties may incur due to the actions of the Guest identified below, as well as due to any damage that the Guest identified below sustains, while on property owned by one or more of the Released Parties, while utilizing property owned by one or more of the Released Parties, and/or while participating in Recreational Activities.
 

The Guest further agrees that any and all claims for injury and/or death shall be governed by the laws of New Hampshire and exclusive jurisdiction shall be in the New Hampshire Superior Court residing where the alleged incident occurred or in Federal Court for the State of New Hampshire. This Release shall be binding to the fullest extent permitted by law. If any provision of this Release is found to be unenforceable, the remaining terms shall be enforceable. This Release shall be binding upon the Guest’s assignees, subrogors, distributors, heirs, next of kin, executors and personal representatives.
 

This Agreement (including any House rules or Reservation policy) expresses and reflects all that was agreed between the parties and cancels any agreements and/or other understandings between them.