RENTAL AGREEMENT, ASSUMPTION OF RISK AND RELEASE
Landlord: Wintertux, LLC (“LLC”)
Scott Robinson, Member
P.O. Box 1551
Ketchum, ID 83340
Rental property: Wintertux Chalet, Idaho (“Wintertux”)
By electronic signature and paying the rent, Tenant agrees to all of the following:
1. This is a NON SMOKING property and no form of tobacco is permitted.
2. PETS ARE NOT PERMITTED.
3. RULES. Tenant agrees to fully meet all the following provisions:
a. No damage is done to Wintertux or its contents, beyond normal wear and tear.
b. No charges are incurred due to contraband, pets, extra cleaning, collection of rent, hiring an attorney or damage to Wintertux. Tenant (regardless of the number, referred to collectively in the singular) agrees to pay any charges LLC incurs that arise out of or related to Tenant’s acts or omissions with respect to Wintertux and this agreement, over and above the security deposit.
c. All recyclables and trash are packed out, and dirty dishes are cleaned.
d. Firewood is provided for the woodstoves. Fires MUST be attended to at ALL times and NEVER left unattended. Directions for woodstove use are located in Wintertux.
e. All keys are left in Wintertux or where otherwise instructed by LLC.
f. All charges accrued during the stay are paid prior to departure.
g. No personal property, including linens are lost or damaged.
h. No early possession/early check-in or holdover/late check-out without prior
i. There are no violations of the terms of this agreement.
j. LLC (or LLC’s authorized representative) does not have to evict Tenant.
k. Only the persons signing below shall occupy Wintertux. No additional persons or subletting is allowed and any violation may result in a criminal trespassing charge.
4. PAYMENT. Rent must be fully paid prior to stay.
5. CANCELLATIONS. A sixty (60) day advance, written notice is required for cancellation. Cancellations that are made more than sixty (60) days prior to the arrival date will automatically incur a 10% charge, because LLC may not be able to rent Wintertux during the cancelled reservation. Cancellations or changes that result in a shortened stay or that are made within 60 days of the arrival date, forfeit the rent paid and security deposit, because LLC may not be able to rent Wintertux during the cancelled reservation. Early departure, for any reason, will not result in any refund of rent or security deposit.
6. MAXIMUM OCCUPANCY. The maximum number of occupants is limited to 8 persons, all of which are required to have electronically signed this agreement.
7. FIRE. Campfires MUST be attended to at ALL times and NEVER left unattended. All outdoor fires of controllable size are only permitted in the fire pit. (Large fires are not permitted, as wind can fan flames rapidly and start a forest fire.) Fires MUST BE PUT OUT with water until the fire is DEAD cold and out (The fire pit will look like soupy, black mud after dousing sufficiently.) Many fires are thought to be out when indeed they are still alive and will flame up after guests have left fire pit. Forest fires are a very real risk in and around public lands and the Sawtooth National Recreation Area and you are agreeing to be held completely and financially responsible for forest fires that arise out of your use of Wintertux that injure persons or damage property.
8. Water. Wintertux has running water, supplied by a creek. It is recommended that you purify the water by boiling it or by treating it prior to use for drinking, cooking, or brushing teeth.
9. OUTHOUSE. Wintertux does not contain an indoor bathroom. There is an unheated outhouse located near Wintertux.
10. COMMUNICATIONS / EMERGENCY MEDICAL SERVICES. THERE IS NO CELL PHONE OR INTERNET SERVICE AT OR NEAR WINTERTUX. THERE ARE ALSO NO EMERGENCY MEDICAL SERVICES (EMS) AVAILABLE. Even if an emergency call is successfully made by satellite phone or by a GPS device such as a Spot Locator, a response by EMS personnel is not possible, or possible by any timely means, at this remote location.
11. AVALANCHE RISK. During snow seasons, Tenant will pass through avalanche terrain while accessing and staying at Wintertux. Wintertux is located near slopes that could present avalanche hazard to Wintertux occupants under certain conditions. Additionally, Tenant may choose to recreate in avalanche terrain during the stay. Avalanches are naturally occurring, but can be triggered by humans, including Tenant, or other persons not in Tenant’s party. It is Tenant’s responsibility to be familiar with avalanche hazards and risk mitigation in general, and with the specific hazards that may be present during the time frame that Tenant will be accessing, visiting, and/or recreating at or near Wintertux. The Sawtooth National Avalanche Center issues a daily avalanche advisory during the winter, which can be found here: www.sawtoothavalanche.com. LLC makes no representation, and expressly disclaims that this daily avalanche advisory will protect Tenant from avalanche risks.
12. STORM POLICY/ROAD CONDITIONS. No refunds will be given for delayed arrivals or no arrivals due to adverse weather conditions, adverse road conditions, or road closures.
13. NO CLEANING SERVICE. As Wintertux is in a remote location, cleaning service is not included in the rent. LLC does not permit any item of personal property, including towels or linens, to be taken from Wintertux for any reason.
14. FALSIFIED INFORMATION. Any false information provided or information provided under false pretense or false identity will be subject to forfeiture of rent paid and/or security deposit, and the party will not be permitted to take possession of Wintertux.
15. WRITTEN EXCEPTIONS. Any exceptions to the agreement terms must be approved in advance, in writing and signed by LLC.
16. HOLD OVER. Hold over after lease term, without advance, written permission is a trespass. Damages for holdover will be at the rate of $1,000 for each whole or partial calendar day. This is the estimated amount it would cost LLC to find a substitute rental property per day for another tenant on short notice. Although in reality, there is no substitute rental property for Wintertux.
17. Any violation of this agreement will result in at least the forfeiture of deposit and rent as LLC’s minimum estimate of damages resulting from such violation, but will not limit LLC’s ability to seek additional damages, costs and attorney fees in collection.
18. ASSUMPTION OF RISK. NO ONE CAN GUARANTEE YOUR SAFETY IN THE BACKCOUNTRY. TENANT ACKNOWLEDGES THAT WINTERTUX IS A REMOTE BACKCOUNTRY CABIN. A VARIETY OF HAZARDS, FORESEEN AND UNFORESEEN, ARE INHERENT IN WINTERTUX’S REMOTE SETTING. IN ADDITION, DUE TO LOCATION, CELL PHONE AND INTERNET COMMUNICATIONS ARE NON-EXISTENT. TENANT ACKNOWLEDGES THAT TIMELY RESCUE MAY NOT BE POSSIBLE, AND THAT TREATMENT OF MEDICAL CONDITIONS BY EMS PERSONNEL IS EITHER NOT POSSIBLE OR THE POSSIBILITY IS REMOTE. ON BEHALF OF TENANT, TENANT’S FAMILY AND TENANT’S GUESTS, TENANT ASSUMES ALL RISKS TO PERSON OR PROPERTY ASSOCIATED WITH VISITING A REMOTE MOUNTAIN CABIN OF THIS TYPE.
19. RELEASE. TENANT RELEASES, INDEMNIFIES AND HOLDS LLC HARMLESS, INCLUDING LLC’S MEMBERS, AGENTS, REPRESENTATIVES, EMPLOYEES, CONTRACTORS, SUCCESSORS, AND ASSIGNS, FROM ANY AND ALL LIABILITY OR RESPONSIBILITY FOR any CLAIMS. THE TERM “CLAIMS” SHALL MEAN AND INCLUDE, BUT NOT BE LIMITED TO ANY AND ALL ATTORNEY FEES (INCLUDING ATTORNEY FEES ON APPEAL), AWARDS, CAUSES OF ACTION, CLAIMS, CONTRACTS, COSTS, DAMAGES, DEBTS, DEMANDS, EXPENSES, INJURIES, LOANS, LOSSES, LIABILITIES, LITIGATION, JUDGMENTS, NOTES, OBLIGATIONS, RECOVERIES AND/OR RIGHTS, WHETHER FOR PERSONAL INJURY AND/OR PROPERTY DAMAGE, KNOWN OR UNKNOWN, CONTINGENT OR NONCONTINGENT, LIQUIDATED OR UNLIQUIDATED, ASSERTED OR WHICH MAY BE ASSERTED.
20. TENANT UNDERSTANDS THAT THIS agreement WILL ALSO RELEASE THE CLAIMS OF TENANT’S MINOR CHILD OR WARD, IF APPLICABLE, AND BIND TENANT’S HEIRS, ADMINISTRATORS, EXECUTORS, AND ANY OTHER PERSON OR ENTITY SEEKING CLAIMS THROUGH TENANT.
21. TENANT HAS READ, UNDERSTAND, AND FULLY AGREE TO THE TERMS OF THIS AGREEMENT AND THE ABOVE ASSUMPTION OF RISK AND RELEASE PROVISIONS. TENANT UNDERSTANDS AND CONFIRMS THAT BY SIGNING THIS AGREEMENT TENANT HAS GIVEN UP CONSIDERABLE FUTURE LEGAL RIGHTS. TENANT HAS SIGNED THIS AGREEMENT FREELY AND VOLUNTARILY, AND NO ORAL REPRESENTATIONS, STATEMENTS, OR INDUCEMENTS, APART FROM THIS WRITTEN AGREEMENT, HAVE BEEN MADE OR HAVE INDUCED ME TO SIGN THIS AGREEMENT. TENANT IS AT LEAST EIGHTEEN (18) YEARS OF AGE AND FULLY COMPETENT, AND TENANT EXECUTES THIS RELEASE FOR CONSIDERATION AND INTENDS TO BE BOUND TO THESE TERMS. TENANT ALSO AGREES THAT THIS AGREEMENT IS TO BE CONSTRUED ACCORDING TO THE LAWS OF IDAHO AND THE ABOVE ASSUMPTION OF RISK AND RELEASE PROVISIONS WILL SURVIVE THE RENTAL DATES FOR THE APPLICABLE STATUTES OF LIMITATION.