Short-Term Rental Agreement
This Short-Term Rental Agreement is made by and between Vives-Phillips ViP, LLC (“Host/Owner”) and the individual(s), of minimum age of 25 years-old, listed as the primary booking party and all accompanying guests ("Guest" or "Guests") as identified on the reservation confirmation, as of the date last set forth on the signature page of this Agreement. For good and valuable consideration, the sufficiency of which is acknowledged, the parties hereby agree as follows:
1. Guest Verification Requirement
The primary booking party must complete identity verification and guest screening through our third-party provider, Truvi, within 48 hours of booking confirmation and prior to arrival. This verification process ensures compliance with local short-term rental regulations, enhances security for all parties, and enables streamlined check-in procedures.
Failure to complete the required verification will result in booking cancellation and be subject to the cancellation policy. If you experience technical difficulties or cannot complete verification, contact Host immediately by messaging the Host in the booking platform.
2. Property
The vacation rental property is located at:
Coco Château - 1314 Murphy Hill Road, Langston, AL 35755 - U.S.A. (+/- 750 sq.ft.)
Or Lucky Lodge - 1324 Murphy Hill Road, Langston, AL 35755 - U.S.A. (+/- 750 sq.ft.)
Your booking confirmation will provide the exact property name and address.
3. Maximum Occupancy & Pricing
The maximum number of guests is limited to 5 persons, including children/infants. Base rate covers up to 4 guests using provided beds. 5th guest fee: $45 per person, per night (sleeps on couch with provided linens). Guests exceeding 4 people may only use designated beds plus the couch for sleeping.
All guests in the party must be disclosed to the host upon booking.
We rent to responsible groups only and reserve the right to rent to persons 25 years of age or older. Any persons under 25 years of age will not be allowed to check in and will be liable for lost rents and other damages if property is not re-rented. No high school or college groups are permitted regardless of age. Any group whose behavior creates a disruption or interferes with their neighbor’s peaceful enjoyment of their property will not be allowed to stay and no refund of rent fees will be made. Any group misrepresenting themselves will be denied occupancy and no refund of rent fees will be made.
4. Term of the Stay
The vacation rental stay begins at 3:00 PM local time on “Check-in Date” as identified on the reservation confirmation and ends at 11:00 AM local time on “Check-out” as identified on the reservation confirmation. Keys, if provided, should be returned to the Host or left in the property and all doors and windows secured upon leaving the property. Failure to adhere to the check-out time may result in an additional late fee set at minimum $250 unless discussed and approved in advance of the stay.
5. Minimum Stay
This property requires a 2 night minimum stay. Longer minimum stays may be required during holiday periods. Even if the Guest stays for 1 night, the Guest pays for 2 nights
6. House Rules
Guest agrees to abide by the House Rules (attached to this agreement) at all times while at the property, and shall cause all members of the rental party and anyone else Guest permits on the property to abide by the following rules at all times while residing at the property.
7. Access
Guest shall allow Host and property agents access to the property for purposes of repair, inspection or emergency. Host shall exercise this right of access in a reasonable manner by giving at least one hour notice (unless in case of emergency).
8. Rental Rate and Fees
A. Damage Deposit: Guest authorizes a damage deposit of $500 which will be held on their credit card and released approximately a week after checkout.
All damages including pet damage during the Guest’s stay must be reported to the Host immediately.
Immediately upon arrival, if the premises appear dirty or damaged upon check-in, Guest shall inform the Host immediately. Guests agree to be responsible for any damages to the premises during their rental stay. This includes damages to the furnishings and household items that result from the action or inaction of Guests or their invitees, excluding normal wear and tear. Guests further agree to reimburse VIVES-PHILLIPS (ViP) LLC for collection costs, if necessary, and reasonable attorney fees.
After Guest’s departure, the Property is inspected and inventoried for damages and missing items. Alabama law allows 30 days from departure date for damages to be assessed and billed or accounted to Guest. Guest agrees that if they do not report all losses or damages to VIVES-PHILLIPS (ViP) LLC no later than the departure date, all claims will therefore be the responsibility of Guest.
Guest is responsible for any intentional damage due to willful negligence of the rented Property, as well as any items missing from the rented Property after Guest’s departure. Guest will be notified in writing, and Guest agrees that charges related to intentional damage caused by willful negligence, or cost of replacement for missing items, can be processed on Guest’s credit card on file provided VIVES-PHILLIPS (ViP) LLC does not receive payment from Guest within 10 days of notification.
Pet Damage: In the event that Guest's pet(s) cause damage to the property, furnishings, or contents, Guest agrees to pay all costs for repair or replacement at current market rates. Payment is due immediately upon assessment of damages.
Refer to the attached Pet Policy for complete terms and conditions regarding pet stays.
B. Rental Rate: Payment in full of the following base nightly rate plus fees shall be due within 48 hours of booking confirmation and prior to arrival.
Base Nightly Rate - as identified on your reservation confirmation. Rate Changes – Prior to a confirmed reservation, rates are subject to change without notice.
Cleaning Fee - $125 per stay (This is for a general turnover and normal cleaning. If there is an excessive mess that requires extra cleaning and time, additional fees will apply.)
Lodging Taxes/Admin Fees - 9% of lodging rate / $29 per stay
5th guest fee: $45 per person, per night (sleeps on couch with provided linens). Fee also applies if you choose to use the couch & linens. Host pre-approval required.
Pet Fee (if applicable) - $25 per pet, per stay (This is not a pet deposit for damages - see Pet Policy.)
RV hookup fee - additional nightly fee. Host pre-approval required.
Third-party platforms fees if applicable
9. Cancellation Policy
If Guest wishes to cancel the reservation, paid pre-payments will be refunded as follows:
100% if canceled 14 days prior to the Check-in Date or earlier.
50% if canceled 7 days prior to the Check-in Date or earlier.
0% if canceled after.
The Host may also be entitled to cancel the Guest stay if house rules are broken during the rental period. No refunds.
If booked through third-party platforms such as Airbnb, VRBO, Booking.com, etc., please refer to their cancellation policy as identified on your reservation confirmation.
For all other reservations once rental fees have been paid and accepted by VIVES-PHILLIPS (ViP) LLC, that money is considered non-refundable. If a reservation is canceled the guest will be responsible for any lost rent and other damages if the property is unable to be re-rented for the same period for an equal or greater amount. If the property is re-rented, then and only then, will a refund be made less a cancellation fee of $250.00. All cancellations must be requested in writing by e-mail or letter. If the property is re-rented for less than the original amount, the Owner remains entitled to the full rental fee. Any remaining rent after the Owner is paid, less the cancellation fee of $250.00 will be refunded to the Guest. Refunds will be payable to the cancelling Guest within 45 days after the subsequent re-rental. It is recommended that all Guests obtain Travel Insurance.
Although refunds normally take 7-14 days to deposit back to your method of payment, it could take up to 30 days.
10. Travel Insurance
Since accidents, delays or illness are unforeseen that may prohibit Guests from traveling or fulfilling rental terms and cancellation fees, etc. of non-refundable fees/payments may apply depending on when you have to cancel, we encourage all Guests to purchase travel insurance. Travel insurance is available through various third-party providers. Guest may purchase coverage at their discretion from the provider of their choice.
Storm Policy/Road Conditions – No refunds will be given for storms. We do not refund due to weather or road conditions. To protect against cancellations caused by unforeseeable events such bad weather, we encourage all guests to purchase trip cancellation/interruption insurance.
Safely offers travel insurance.
The policy may be purchased up to 10 days prior to the trip arrival date, or at the time of booking if the booking date is within 10 days of the arrival date. The maximum length of coverage is 180 days in Alabama.
Cancellation: The policy may be canceled for a full refund if canceled within 21-days of purchase. After this time, the policy is non-refundable.
Go to https://travel.safely.com/quot... to purchase your travel insurance.
Please review their policy at: https://safely.com/travel-insu...
Please protect your travel so you can Safely enjoy your vacation.
The information above is provided by Safely and subject to change. Please refer to Safely for any updates regarding their travel insurance policy.
11. Payment
Reservations and Receipt of Rent - Rental payment is paid in full once your reservation is accepted and paid to VIVES-PHILLIPS (ViP) LLC, as agent for the owner of the rental property, hereafter referred to as “Owner/Host”. If the payment fails for any reason, it is the responsibility of the Guest/Tenant to make sure that any balance is promptly paid in full (i.e. added pet fee, extra guest fee, etc.) or the reservation will be canceled with no refund of payment made.
Acceptable payment methods are: Major credit cards through Stripe for direct website bookings
Refer to Third-party platforms for their own acceptable payment methods.
All payments, unless otherwise specified by the third-party booking platforms, will be processed on my short-term rental website at the URL: www.thevipcabins.com
Disbursement of Rent and Third-Party Fees – Guest authorizes VIVES-PHILLIPS (ViP) LLC to disburse, prior to Guest’s occupancy of the Premises, any fees owed to third parties to pay for any goods, services, or benefits procured by Agent for the benefit of Guest, including but not limited to any fees set forth herein payable to VIVES-PHILLIPS (ViP) LLC for reservation, transfer or cancellation of Guest’s short-term stay.
Bank Account – Any advance payment made by Guest shall be deposited in a bank account with Regions Bank. Guest agrees that any advance payment may be deposited in an interest-bearing trust account and that any interest thereon shall accrue for the benefit of, and shall be paid to, VIVES-PHILLIPS (ViP) LLC.
By my signature below, I hereby give:
Permission to charge my method of payment for the amounts above.
I agree that all rental monies are non-refundable per cancellation policy above.
I have read my rights to purchase travel insurance.
The parties agree to the terms of this Short-Term Rental Agreement (pg. 1-4), House Rules (pg. 5-8), Pet Policy (if applicable/pg. 9-10) and Additional Terms (pg. 11-13), as evidenced by the signatures set forth below.
HOST/HOMEOWNER:
_________________________________________________
Paulina Vives Phillips
Vives-Phillips ViP LLC
GUEST / PRIMARY BOOKING PARTY:
_________________________________________________
Name as identified on the reservation confirmation
HOUSE RULES
Welcome to Your ViP Home Away From Home!
CHECK-IN & CHECK-OUT
Check-in: 3:00 PM or later (self check-in)
Check-out: 11:00 AM or earlier
Early/Late arrangements: Must be pre-approved
OCCUPANCY & GUESTS
Maximum occupancy: 5 guests (strictly enforced)
Nightly rate is for 4 guests or less. 5th guest fee per night applies.
All guests must be disclosed to your host.
Day visitors: Must be approved in advance.
No unregistered overnight guests.
Guest count includes infants and children.
NOISE & NEIGHBORS
Quiet hours: 10:00 PM - 8:00 AM daily
No loud music or parties at any time.
**Respect our neighbors and community.
Outdoor voices should remain conversational.
No explosives or fireworks permitted.
If state or local authorities order a mandatory evacuation of an area that includes the premises, Guest(s) shall comply with the order.
SMOKING & SUBSTANCES
Absolutely no smoking inside the property.
No illegal substances permitted.
Vaping/e-cigarettes follow the same smoking policy.
PETS
Pre-approval required for all pets.
Pet fee applies.
Pets must be house-trained and supervised.
Clean up after pets immediately inside and outside.
No pets on furniture or beds.
Vacuum any excess pet hair from floor or furniture.
See Pet Policy for additional rules.
PROPERTY CARE
Treat the entire property as your own home.
Report any damages or issues immediately.
If furniture is moved during stay, must move back any furniture prior to departure.
Keep property secure (lock doors/windows).
No candles or open flames indoors.
No outside shoes inside the cabin. Feel free to borrow provided indoor & outdoor slippers or bring your own. Please do not take the borrowed slippers off the property.
LOFT
The stairs-ladder leading up to the loft is very steep.
ALWAYS use the hand rails when climbing up or down! Go slowly!
The loft is to be used by everyone, but children should be supervised by an adult AT ALL TIMES.
We DO NOT recommend that children sleep in the loft for their own safety.
The ground floor living room sofa can be used as a twin-size bed for small children. Linens, pillows, and blankets are stored in the compartment in the sofa for an extra bed - Extra $45 per night fee applies if you sleep on the couch.
If you choose to go up to the loft or sleep in the loft, please use at your own risk as we are not responsible for any accidents.
KITCHEN & DINING
Wash dishes thoroughly in the sink and leave on rack or sink on plastic mat to dry (no dishwasher).
Clean appliances after use.
Dispose of trash properly.
No cooking with excessive oils (smoke alarms) or foods that produce strong smells.
Empty the refrigerator completely & dispose of all food items.
Empty the ice bucket located inside the freezer, rinse & leave out to dry. Turn the ice maker back to the off position.
Check cabinets & drawers - dispose of all items that were brought by you.
Cleaning supplies provided.
PARKING
Maximum 3 vehicles including boat. We are not responsible for any damage to your vehicles.
Park only in designated areas - long driveway & under carport.
No RV/trailer parking without approval.
Do not park on grass.
TECHNOLOGY & WIFI
No illegal downloading or streaming.
Smart TV instructions provided.
Report connectivity issues promptly. Do not disable WIFI.
Security camera located at front door only. This is not monitored.
HVAC/MINI SPLIT SYSTEM GUIDELINES:
Temperature Settings:
Air conditioning: Do not set below 68°F
Heating: Do not set above 78°F
Extreme settings can damage the system and result in repair charges
Energy Efficiency & System Protection:
Keep all doors and windows closed when HVAC/Mini-Split System(s) is running
Open doors/windows force the system to work harder and may cause damage
Close blinds/curtains during hot days to reduce cooling costs
Turn off units when leaving for extended periods (4+ hours)
Important Notes:
System needs time to reach desired temperature - please be patient
Frequent temperature changes reduce efficiency
Report any HVAC/Mini-Split issues immediately to prevent damage
Guest is responsible for repair costs due to misuse or negligence
For Your Comfort: Ceiling fans are provided to help circulate air and increase comfort while using less energy.
WATER USAGE
Above ground pools or "kiddie" pools are not allowed at the rental property.
Guests will be charged for excessive or careless use of water which will be charged to the credit card on file or billed directly to the Guest up to 45 days from departure.
AMENITIES
Fire pit: Adult supervision only, fully extinguished when done.
Grill: Adult supervision only, propane provided, turn off both grill and propane tank completely when done
**Patio must be left tidy and BBQ scraped & cleaned (including the bottom tray) and fire pit ashes emptied (fire pit ash bucket & shovel located under the carport in the gray box). If cigarette ash trays were used, empty both the front porch and the patio ashtray and wipe clean with a wet paper towel.
HOUSEKEEPING / CHECK-OUT PROCEDURES
Leave all bed linens on bed. Do not wash bed linens.
Do not wash towels. Place on bathroom floor before departure.
Extra towels provided upon request.
Gather all garbage from kitchen and bathroom, consolidate and place inside the grey outdoor rectangular box located under the carport.
General tidying appreciated.
No daily maid service.
EMERGENCIES & SAFETY
Emergency contacts posted in house manual and digital guide texted to you.
First aid kit located in the kitchen drawer.
Fire extinguisher located in kitchen drawer.
Smoke detectors - do not disable.
Emergency services: 911
Read Fire Safety Guide located in the property upon arrival.
IMPORTANT REMINDERS
Check weather conditions for outdoor activities.
Local quiet ordinances apply.
Respect check-out time for next guests.
Lock up and secure property upon departure.
CONSEQUENCES
Violation of house rules may result in:
Immediate removal without refund.
Additional cleaning/damage fees.
Forfeiture of security deposit.
Removal from future booking eligibility.
Guest Responsibility - If the house is not left in a satisfactory condition, all expenses incurred will be the responsibility of the Guest.
Thank you for helping us maintain a wonderful experience for all guests!
Feel free to reach out anytime during your stay - we are here for y'all!
We want you to have an amazing stay while respecting our property and neighbors!
PET POLICY
If you're planning to bring your pet(s), please take a moment to read our Pet Policy.
*** If you're NOT bringing your pet, please disregard (skip).
Please note, we will need you to message us some minimal information about your fur baby as shown on the 6th paragraph below to get to know your pet(s) just a little bit. Even if your pet is a Certified Support Animal, we still need to know about your pet and you'll need to send the information we ask in the 6th paragraph below.
DETAILS
We LOVE all kinds of animals (we even named our cabins after our doggies!), but only WELL-BEHAVED / TRAINED domestic pets, like cats and dogs, are allowed to stay at the ViP cabins. There is a per pet, per stay fee of $25. This is NOT a pet damage deposit and is non-refundable.
ViP doesn't have a restriction on how many domestic pets are allowed at this time because we truly understand pets are family, too. However, while our cabins are spacious, you may want to consider bringing 2 small/large pets or 3 small/medium pets maximum for your and your pets' comfort. We do require that you provide details on each pet before your stay, and ViP reserves the right to deny or reject your pet's stay at the cabins.
ViP does not have a size or weight limit on pets at this time. All pets must be disclosed to your host prior to arrival.
Your pet(s) MUST be up-to-date with all vaccinations, on flea/tick/HW preventative medication at the time of your stay and potty trained (must go outside to potty). If your pet is a cat, please make sure you bring a litter box that doesn't cause an overpowering smell (must have litter box air freshener). To prevent scratch damage to the furniture, we'd prefer that your traveling cats are declawed.
Poop must be picked-up outside and disposed properly in a poop bag. NEVER leave your pet's poop on the property.
- When you book your stay with us and plan to bring your pet(s), message us shortly after booking the following: your pet's name(s), breed, size, date of last vaccination (annual shots), status of flea/tick/heartworm medication and potty trained.
- Example:
LUCKY & COCO
Beagle & Maltese/Chihuahua mix
Medium / 30 lbs. & Small / 10 lbs.
3/1/2022 last annual vaccinations for both
On monthly Simparica trio med, last given 9/22/22 for both
Both are potty trained
- Example:
FULL DISCLOSURE OF YOUR PETS. Although we do NOT ask for a copy of your pet(s)’ vaccination records, the information that you give us about your pet(s) is your pet application to us. Please be truthful.
Pet(s) must remain within your control at all times. If your pet is trained off-leash, that is fine. If not, please always have your pet(s) on a leash any time you're outside of the cabin for the safety of your pet and the neighborhood. PLEASE NOTE: Since we are in a rural area, there may be wild animals.
We count on you to prevent your pet(s) from making excessive noise, being disruptive or aggressive to our neighbors.
If your pet is deemed dangerous, harmful or disruptive, ViP LLC has the sole discretion to require you to find other accommodations. Unfortunately, there is no refund on your rental fees if this happens.
We ask that you keep your pet(s) off the furniture to avoid any damage or excessive cleaning. We provide pet amenities including a pet bed, blanket, bowls and treats.
If the cabin requires excessive cleaning, or if damages are incurred as a result of your pet's actions, we may charge for additional services (such as but not limited to flea/tick fumigation, pet urine removal) and repairs. Guest agrees to pay all costs for repair or replacement at current market rates. Payment is due immediately upon assessment of damages.
The mandatory cabin cleaning fee includes minimal pet hair shedding cleaning. If your pet(s) tend to shed a lot, please vacuum the pet hair to avoid an additional cleaning fee.
More information on our rental cabin policies including pets are in our Short-Term Rental Agreement.
By booking and paying for your ViP rental cabin, you have understood our Pet Policy and agree to the terms of the Pet Policy. Noncompliance with these conditions could result in the implementation of the expedited removal procedures.
Thank you for understanding ViP's Pet Policy. We look forward to hosting you and your pet(s) soon!
ADDITIONAL TERMS OF THIS AGREEMENT
THIS IS A SHORT-TERM/VACATION RENTAL AGREEMENT UNDER THE STATE OF ALABAMA AND JURISDICTION OF MARSHALL COUNTY AND MANY OF THE TERMS AND CONDITIONS OF THE AGREEMENT ARE GOVERNED BY THOSE STATUTES. THE RIGHTS AND OBLIGATIONS OF THE PARTIES TO THIS AGREEMENT ARE DEFINED BY LAW AND INCLUDE UNIQUE PROVISIONS PERMITTING THE DISBURSEMENT OF FEES/RATES PRIOR TO ARRIVAL AND EXPEDITED REMOVAL OF GUESTS. YOUR SIGNATURE ON THIS AGREEMENT OR PAYMENT OF MONEY OR TAKING POSSESSION OF THE PROPERTY AFTER RECEIPT OF THE AGREEMENT, IS EVIDENCE OF YOUR ACCEPTANCE OF THE AGREEMENT AND YOUR INTENT TO USE THIS PROPERTY AS A SHORT-TERM/VACATION RENTAL.
1. Maintenance – Guest is to report any problems to VIVES-PHILLIPS (ViP) LLC (or “Owner”) immediately upon discovery or occurrence. Guest agrees to comply with all obligations imposed by this agreement with respect to maintenance of the Premises, including but not limited to keeping the Premises as clean and as safe as the conditions of the Premises permit and causing no unsafe or unsanitary conditions in the common areas and remainder of the Premises that Guest uses. Guest agrees not to use the Premises for any activity or purpose that violates any criminal law or Governmental regulation. Guest’s breach of any duty contained in this paragraph shall be considered material, and shall result in the immediate termination of this rental agreement without refund. No firearms, explosives or fireworks permitted on the property. If state or local authorities order a mandatory evacuation of an area that includes premises, Guest shall comply with the order. There will be no refunds of rent or fees due to issues over which Owner has no control such as breakdown of appliances, air conditioners, or other conditions so long as they do not render the property unfit and uninhabitable.
2. Smoke Detectors - The Alabama General Assembly places upon the Guest the duty to notify the rental agent in writing of the need for replacement of or repairs to a smoke detector. Smoke detectors are in use and will provide an alert for any detected smoke. Please check that all smoke detectors in the unit are in working condition immediately upon arrival.
3. Deterred Occupancy – Under no circumstances will the Owner be liable for any consequential damage, including but not limited to, any expense incurred as a result of Guest’s moving or renting another property at additional cost. We will make every effort to make this a most enjoyable vacation. However, no refunds will be given for inclement weather, Mandatory Evacuation, neighboring construction, insects, noise, loss of view, breakdown of appliances, or air conditioners, interruption in television, telephone, or internet services, or for any conditions for which there is coverage in Travel Insurance. If at the time Guest is to begin occupancy of the Premises, Owner cannot provide the premises in a fit and habitable condition outside of an event covered by travel insurance offered, Owner shall refund to Guest all payments made by Tenant.
4. Noise, Construction, Insects or Loss of View – Owner will not be held responsible for disruptions to the Guest’s enjoyment due to construction projects, traffic, neighboring properties, insects or any other circumstances beyond our control. Local weather conditions and our tropical environment means that palmetto bugs (aka water bugs and roaches, despite their differences) and ants are a reality in Lake Guntersville. We understand that bugs are creepy to certain guests so we do our very best to keep the pests away by performing a quarterly pest control service. An occasional tree bug or line of ants in this part of the world is a fact of life and does not mean that the property has been poorly maintained. Please keep in mind that regular pest control cannot guarantee that every bug will be kept out of the property. It does serve to keep them from living very long if they do find a way inside. Therefore, finding a dead bug here or there is actually a good thing and means that the pest control treatment is doing its job. However, should you experience any issues, we will happily arrange for a pest control service call. Please note that refunds will not be given for Pest Control issues. During your stay, there are things you can do to help us prevent bugs: Store all food in airtight containers, clean up crumbs and spills immediately, do not leave dirty dishes and utensils in the sink, and take out trash daily.
5. Force Majeure - Owner cannot be held liable or accountable for Guest or property damages due to forces beyond our control including, but not limited to, electrical surges, electronic device malfunctioning, lightning, flooding, hail, wind, storms, strikes, lock-outs, acts of utility companies or government authorities, or any other matter beyond the reasonable control of Owner.
6. Grilling & Fire PIt - Use of grills and fire pit on any wooden deck, porch, balcony or similar structure is strictly prohibited.
7. Accommodations – The house is set up for normal housekeeping including a coffee maker, and toaster, plenty of pots, pans and utensils for cooking and baking, and cleaning tools. Owner will not be responsible for providing any additional furnishings or equipment. All beds will have mattress pads, pillows, bedspreads and/or blankets. Bedding is listed only to accommodate flexibility in sleeping arrangement and not to represent occupancy. Owner is not responsible for any disparity between the property condition and the Guest’s expectations.
8. Telephones – There is no landline telephone in the cabins. Guests are encouraged to bring their own cell phone. Please note due to the remote nature of the property (up mountain and by the lake), depending on your carrier, the cell service may not work properly. No Telephone service is guaranteed.
9. Internet - These services are offered by the local internet provider, and therefore, places the function beyond the control of either Owner. No refunds will be offered for any interruption to these services or for any lack of promptness in response time to any interruption in service.
10. Falsified Reservations – Any reservation obtained under false pretense will be subject to forfeiture of advance payment, deposit and/or rental money, and the party will not be permitted to check in.
11. Expedited Removal - Pursuant to local ordinances, any Guest who rents a residential property subject to a vacation rental agreement for 179 days or less may be removed from the property in an expedited proceeding brought by the Owner/Host if the Guest does one of the following: (1) Holds over possession after his or her Stay has expired. (2) Has committed a material breach of the terms of this short-term rental agreement that, according to the terms of this agreement, results in termination of his or her Stay. (3) Fails to pay rental fees as required by this agreement. (4) Has obtained possession of the property by fraud or misrepresentation. Only the right to possession shall be relevant in an expedited removal proceeding. All other issues related to the rental of the residential property shall be presented in a separate civil action.
12. Indemnification and Hold Harmless – Guest agrees to Indemnify and hold harmless VIVES-PHILLIPS (ViP) LLC or the Owner from and against any liability for personal injury, property damage, loss or theft sustained by any person (including Guest’s visitors) as a result of any cause, unless caused by the negligent or willful act of VIVES-PHILLIPS (ViP) LLC or the Owner, or the failure of VIVES-PHILLIPS (ViP) LLC or the Owner to comply with this agreement.. Guest acknowledges waiver of liability including use of special features such as but not limited to loft ladders, hot tubs, whirlpools, pools, grill, fire pits, elevators and agrees that use of features by tenant or tenant’s guests is at their own risk.
13. Assignment - Guest shall not assign this Agreement or sublet the Premises in whole or part without written permission of VIVES-PHILLIPS (ViP) LLC or the Owner.
14. Right of Entry - Guest agrees that VIVES-PHILLIPS (ViP) LLC, the Owner or their respective representatives may enter the Premises during reasonable hours to inspect the Premises to make such repairs, alterations, or improvements, thereto as VIVES-PHILLIPS (ViP) LLC or the Owner may deem appropriate.
15. Property Transfer/Sale: If the property is sold or transferred during your reservation period:
Short-term stays (ending within 179 days of sale):
Your rental agreement remains valid with the new owner
You have the right to complete your stay as agreed
Long-term stays (ending more than 179 days after sale):
New owner may choose whether to honor this agreement
If not honored, you're entitled to a full refund of prepaid amounts
Required notifications:
New owner must notify you within 10 days of transfer
Notice must include: new owner's contact information, transfer date, and whether your agreement will be honored
All prepaid funds must be transferred to you or the new owner within 30 days
Involuntary transfer (foreclosure, etc.):
If property is lost before your stay begins, full refund required within 60 days
16. Cancellation Policy: If you cancel your reservation or violate this agreement, the Host has no obligation to find replacement guests or reduce damages owed. You remain responsible for all fees and penalties as outlined in this agreement.
17. Legal Terms: Severability: If any part of this agreement is found invalid by a court, the rest remains in effect. Invalid sections will be replaced with similar valid terms that achieve the same purpose.
Important Notice: THIS IS A LEGALLY BINDING CONTRACT. You are advised to consult an attorney if you have questions about your rights and obligations. Interpretation: Section headings are for reference only. Terms like "guest" include singular and plural as appropriate. This contract will not be interpreted against either party simply because they drafted it.
18. Legal Jurisdiction: This agreement is governed by Alabama state law and local ordinances. Any legal disputes must be filed and resolved exclusively in Marshall County, Alabama courts. By signing this agreement, you consent to Marshall County jurisdiction and agree to accept legal documents served outside Alabama if necessary.
19. Lost and Found – We will not be responsible for any items left in the unit. Found items will be returned. Any expense incurred will be the responsibility of the guest, including but not limited to shipping and a $10 handling fee. Items unclaimed within 30 days of check out will be donated to a local charity.
20. Written Exceptions – Any exceptions to the above-mentioned policies must be approved in writing in advance.
Agreement to Terms:
By completing your online booking and payment, you acknowledge and agree to the following:
Authorization to charge your provided credit card for all applicable fees and charges outlined in this agreement
All rental fees/payments are non-refundable according to the cancellation policy stated above
You have been informed of your option to purchase travel insurance through third-party providers
You accept all terms and conditions of this rental agreement for the property located at 1314 or 1324 Murphy Hill Road, Langston, AL 35755
Your booking confirmation serves as your electronic signature and acceptance of this legally binding agreement.