This Vacation Rental Agreement (the “Agreement”) is made and effective the date of acceptance by and between SNH Luxury Rentals, LLC, a Minnesota limited liability company (“Sparrow Luxury Rentals,” “we,” or “us”), acting for itself and for the owner of the property (“Owner”), and all occupants, jointly and severally, including all persons who stay at the subject premises and the persons identified in the confirmed booking. (collectively the “Guest,” “renter” or “you”).

Channel Terms. If you are booking through a third-party marketing channel, your booking may be subject to that channel’s own terms and conditions (“Channel Terms”). If any provision of applicable Channel Terms differs from the Terms in this Agreement, the provision of the Channel Terms will control.

By booking your rental of the Property with Sparrow Luxury Rentals, you acknowledge that you have read and understand, and agree to be bound by, all terms, conditions, and policies in this Agreement, including any Unit-Specific Terms (collectively, the “Terms”).

Unit-Specific Terms. Certain jurisdictions, resorts, and specific homes require renters to agree to additional terms and conditions (“Unit-Specific Terms”). We will inform you during the reservation process of any Unit-Specific Terms that apply to rental of the Property. If any provision of Unit-Specific Terms differs from the Terms in this Agreement, the provision of the Unit-Specific Terms will control.

Property: Sparrow Luxury Rentals hereby rents to Guest and Guest accepts in its present condition, the residential property. (the “Premises”).

Occupants: Total people occupying the Premises (including infants) consists of: {reservations. Occupants}. The number of people present at the Property may not exceed the maximum posted occupancy unless we have given you advance written permission to hold an event at the Property, in which case the number of people present at the Property may not exceed the maximum number of people authorized by Sparrow Luxury Rentals.

Maximum Occupancy: Guest agrees to comply with local zoning ordinances, including but not limited to, occupancy restrictions.

Term: The term (the “Term”) of this Agreement shall commence as identified in the associated electronic booking portal. The check-in shall not be earlier than 4:00 p.m. (MST – Arizona) on the Beginning Date, and Guest shall vacate the Premises on or before 10:00 a.m. (MST – Arizona) on the Ending Date. Guest is more than welcome to request an early check-in or late check-out. The Term shall not exceed thirty (30) days.

Upon the Ending Date, Guest shall be required to vacate the Premises unless one of the following circumstances occur: (i) Sparrow Luxury Rentals and Guest formally extend this Agreement in writing or create and execute a new, written, and signed rental agreement; or (ii) Sparrow Luxury Rentals willingly accepts new rent from Guest, which does not constitute past due Rent.

Any reservation obtained by Sparrow Luxury Rentals under false pretenses will be subject to forfeiture of advanced payment, deposit or rental money, and the Guest will be prohibited from entering the Premises.

Guest shall jointly and severally pay to Sparrow Luxury Rentals the amount provided in this Agreement for the entire Rental Term of the Agreement (the “Rent”).

Cancellation and Refunds: In the unfortunate event Guest should have to cancel the booking, we offer free cancellation until 21 days before check-in. If booked less than 21 days before check-in, free cancellation for 48 hours after booking, and ½ refund up to 24 hours before check-in. After that, there will be no cancellations or refunds.

Catastrophic Events & Emergency Evacuations: If a catastrophe (hurricane, tornado, earthquake, flood, fire, pandemic, wild fire, etc.) or any situation simply beyond Sparrow Luxury Rentals control impairs the vacation rental, Sparrow Luxury Rentals is not responsible for finding alternate lodging for Guest or for Guest’s financial losses related to transportation or alternate lodging. There will be NO REFUNDS OR CREDITS FOR EMERGENCY EVACUATIONS other than discussed above. Therefore, Sparrow Luxury Rentals suggests that Guest consider Travel Protection Insurance to secure their vacation investment and eliminate their financial risk.

Recreation Property: Guest represents and warrants that Guest’s primary residence is located someplace other than the Premises and that Guest is utilizing the Premises as a “vacation rental” or “recreational property.” Guest will not use the Premises as a primary residence and Guest will not be domiciled at the Premises.

Sight Unseen: The Premises is furnished. Sparrow Luxury Rentals makes a sincere effort to accommodate Guest, but no refunds or adjustments will be made if Guest determines that the décor or furnishings are unacceptable to their unique tastes and preferences.

Condition and Use of Premises: The Premises shall be used and occupied solely by Guest and the number of occupants identified in this Agreement, exclusively, as a private, single-family dwelling, and no part of the Premises shall be used at any time during the term of this Agreement by Guest for any party or event without Sparrow Luxury Rentals express written consent, or for the purpose of carrying on any business, profession, or trade of any kind, or for any purpose other than as a private single-family dwelling. Guest shall comply with any and all laws, ordinances, rules and orders of any and all governmental or quasi-governmental authorities affecting the cleanliness, use, occupancy and preservation of the Premises.

The Premises is provided in “as is” condition. Sparrow Luxury Rentals shall use reasonable efforts to ensure the operation of all amenities in the Premises, such as Internet access, satellite/cable/internet TV access, spas, pools, and fireplaces, as applicable. Sparrow Luxury Rentals shall not be held responsible for such item’s failure to work but will make every effort to correct any issues as reported as quickly as possible.

Guest acknowledges that use of amenities such as kitchen appliances, tubs, pools, spas, fireplaces, decks, and the like (“Amenities”) may be potentially dangerous and involve potential risks if improperly used, particularly with regard to children and such use is at the Guest’s own risk. If children use or are near the Amenities, such children will always be supervised by an adult.

Guest shall use the Premises in a careful manner to prevent any damage or loss to the Premises and shall always keep the Premises in clean and sanitary condition. Guest and any additional permitted guests shall refrain from loud noise and shall not disturb, annoy, endanger, or inconvenience neighbors, nor shall Guest use the Premises for any immoral, offensive or unlawful purposes, nor violate any law, association rules or ordinance, nor commit waste or nuisance on or about the Premises. Guest shall make no alterations to the buildings or improvements on the Premises, or construct any buildings, or make any other improvements on the Premises. Guest shall not keep on the Premises any item of a dangerous, flammable, or explosive character that might unreasonably increase the danger of fire, or explosion on the Premises, or that might be considered hazardous or extra hazardous by any responsible insurance company.

Maintenance: In the event of equipment, appliances, or utilities’ malfunction during Guest’s stay, Sparrow Luxury Rentals will make a reasonable effort to expedite repairs. Guest shall notify the Sparrow Luxury Rentals in writing as soon as it becomes aware of any problem – most issues can be taken care of quickly.

Property or Guest Amenities: All efforts will be made to accommodate amenities which are expressly advertised or offered in writing. However, under no circumstances can Sparrow Luxury Rentals guarantee or warrant any one (1) amenity. Please report any issues with amenities immediately to Sparrow Luxury Rentals in writing.

Subletting Prohibited: Guest may not assign this Agreement, nor sub-let, nor grant any license to use the Premises, or any part thereof, without our prior written consent, which may be withheld in its sole discretion. An assignment, sub-letting or license without the prior written consent of Sparrow Luxury Rentals, or an assignment or sub-letting by operation of law shall be absolutely null and void, and shall, at Sparrow Luxury Rentals option, terminate this Agreement.

Alterations and Improvements: Guest shall make no alterations to the buildings or improvements on the Premises.

Hazardous Materials: Guest shall not bring or keep on the Premises any item of a dangerous, flammable, or explosive character that might unreasonably increase the danger of fire or explosion on the Premises, or that might be considered hazardous or extra hazardous by any responsible insurance company.

Rules and Regulations: Guest agrees to comply with all rules and regulations established by Sparrow Luxury Rentals regulation of the use of the Premises during the Term hereof. Without limiting the generality of the foregoing, Guest shall:

A. Not obstruct or cover the windows or doors;

B. Not leave windows or doors in an open position during any inclement weather;

C. Not hang any laundry, clothing, sheets, etc., from any window, rail, porch, or balcony, nor air or dry any of same within any yard area or space;

D. Not cause or permit any locks or hooks to be placed upon any door or window without the prior written consent of Sparrow Luxury Rentals;

E. Use all lavatories, sinks, toilets, and all other water and plumbing apparatus only for the purposes for which they were constructed. Guest shall not allow any personal hygiene products, sweepings, rubbish, sand, rags, ashes or other substances to be thrown or deposited therein. Any damage to any such apparatus and the cost of clearing stopped plumbing resulting from misuse shall be borne by Guest;

F. Guest’s family and guests shall always maintain order in the Premises and at all places on the Premises, and shall not make or permit any loud or improper noises, or otherwise disturb other residents;

G. Keep all radios, television sets, stereos, etc., turned down to a level of sound that does not annoy or interfere with other residents;

H. Deposit all trash, garbage, rubbish, or refuse in the locations provided, and shall not allow any trash, garbage, rubbish, or refuse to be deposited or permitted to stand on the exterior of any building or within the yard;

I. Abide by and be bound by any and all rules and regulations affecting the Premises or the common area appurtenant thereto, which may be adopted or promulgated by the homeowners’ association having control over them; and

J. Abide by all federal, state, and local laws and ordinances affecting the Premises, including, without limitation to, the use or possession of illegal drugs and substances.

House Parties/Events/Large Gatherings: House parties, events, and large gatherings exceeding maximum occupancy are prohibited and will result in the immediate termination of this Agreement, and Guest’s immediate removal.

Swimming Pool: If the Premises includes a swimming pool or hot tub, any guests or invitees under the age of eighteen (18) years of age must always be accompanied by an adult near the swimming pool. Violation of this provision is a material breach of this Agreement and grounds for the immediate termination of this Agreement. Guest expressly waives any all claims against Sparrow Luxury Rentals concerning any injury that may arise regarding the swimming pool.

Guest’s Hold Over: If Guest remains in possession of the Premises without the express written consent of Sparrow Luxury Rentals, after the Ending Date, Guest shall pay one and one-half (1½) times the Rent or as otherwise agreed in writing on a per diem basis, for each day Guest occupies the Premises beyond the Rental Term.

Surrender of Premises: Upon the expiration of the Rental Term hereof, Guest shall surrender the Premises in as good a state and condition as they were at the Beginning Date of this Agreement. Sparrow Luxury Rentals shall consider any personal property belonging to Guest and left on the Premises to have been abandoned, in which case Sparrow Luxury Rentals may dispose of all such personal property in any manner Sparrow Luxury Rentals shall deem proper and Sparrow Luxury Rentals is hereby relieved of all liability for doing so.

Property Damage: The Guest agrees to be responsible for any damage or loss to the Premises, excluding normal wear and tear. An additional cleaning charge may be incurred, if, upon departure the Premises is found to require more than the normal departure cleaning. Sparrow Luxury Rentals will not be responsible for any damages to Guest’s personal property, or liable for any accident that may occur to Guest or their invitees during its occupancy.

Animals: No animals or pets of any kind are permitted at the Property except (1) as specifically authorized in your reservation, or (2) bona fide service animals that we are required by law to allow. Emotional support animals are not permitted except as authorized pets. You agree that a prohibition on animals is not a guarantee than an animal has not been inside the Property or that the Property is free of animal or pet allergens.

Additional Health Terms and Waiver of Liability:

Sparrow Luxury Rentals has taken reasonable steps to ensure that your Unit has been properly cleaned and sanitized with industry standard, EPA approved supplies and disinfectant procedures designed to effectively eliminate viruses and microbes prior to your arrival, including novel coronavirus, COVID-19 (collectively “Disease”), which has been declared a worldwide pandemic by the World Health Organization and is reported to be extremely contagious. In order to ensure the safety of all Guests, Owners, workers and related parties, you agree that you are personally responsible for your safety and actions regarding your or any member of your party’s use of the Unit If you or any members of your party meet any of the below conditions or fail to abide by the following guidelines, you agree that you and the members of your party will be at higher risk of contracting a Disease in connection with your use of the Unit:

• Has experienced a fever, cough, sore throat, shortness of breath, muscle pain, or a loss of taste and/or smell within the 14 days prior to your booking arrival;
• Has been living, visiting, or otherwise exposed to anyone with a fever or a cough within the 30 days prior to your booking arrival;
• Has traveled more than 25 miles from their home, internationally or resided or visited any U.S. State with an infection rate of over 70 per 1,000 people within the 14 days prior to your booking arrival;
• Has failed to practice safe social distancing, proper handwashing, or any other recommended precautions within the 14 days prior to your booking arrival;
• Do not maintain sanitation in the Unit by ensuring all members of the party wash all personal belongings, persons, and the Unit itself after contact, in order to provide a clean and safe Unit; or
• Do not read, understand, and ensure all members of the party fully comply with all State and County rules, ordinances, laws and executive orders during your booking, specifically including those related to social distancing, quarantine, or public health. You agree that it is not possible to prevent against the presence of the Disease. Therefore, if you choose to utilize the Unit you may be exposing yourself to and/or increasing your risk of contracting or spreading Disease.
• You agree that you have read and understood the above warning concerning Disease. By using the Services and Unit you hereby choose to accept the risk of contracting Disease for yourself and/or your children and members of your party in order to utilize the Services and Unit. You agree that these Services are of such value to you and your children and members of your party that you accept the risk of being exposed to, contracting, and/or spreading Disease in order to utilize the Services and Unit. If you do not agree to these terms do not use the Services and Unit.

Access: Sparrow Luxury Rentals and its agents shall have the right, during the Rental Term of this Agreement and any renewal thereof, to enter the Premises after providing at least forty-eight (48) hour notice to Guest for the following purposes: A. Inspect the Premises for condition; B. Make repairs or maintenance to the Premises; C. Show the Premises to prospective Guests, prospective purchasers, inspectors, fire marshals, lenders, appraisers, or insurance agents; D. Exercise a contractual or statutory lien; and/or E. Leave written notice. Sparrow Luxury Rentals may enter the Premises without the consent of Guest in case of emergency, and where necessary to prevent damage or injury to property or person. Parking: No more than three (3) vehicles are allowed to be parked on the Premises at any time. All vehicles must be parked in the designated areas at the Premises. There shall be no parking on the street or any public access road. Violations of the parking rules subjects the automobile to fines, immobilization devise, attachment, and towing, at the Guest’s expense. No vehicle longer than twenty (20) feet are allowed on the Premises under any circumstances. RV’s, buses, boats, trailers, or passenger vans which hold more than 12 (12) people are strictly prohibited. Toilet Blockages: All toilets are checked to ensure proper functioning prior to check in. Blockages can occur if too much toilet paper or sanitary napkins are put into the toilets. If a service call is required to clear a toilet blockage, Guest will be charged the costs associated with clearing the blockage. The minimum service call fee is Seventy-Five and No/100’s Dollars ($75.00) for toilet blockages. The minimum service call fee on weekends and holidays is One Hundred Fifty and No/100’s ($150.00). Quiet Hours: Between the hours of 9:00 p.m. (MST – Arizona) and 8:00 a.m. (MST – Arizona). Quiet Hours exist and are strictly enforced. Guest must be respectful of their neighbors and not disturb the peaceful enjoyment of their homes or the neighborhood. Any occupant or Guest violating this provision of the terms and conditions will be asked to leave immediately. If the Guest’s occupancy is terminated due to violation(s) of this provision, the Guest understands and accepts that no compensation, reimbursement or refund will be made to the Guest. Behavior: The Guest agrees to be responsible for the actions of themselves, other occupants and temporary guests. The Guest always agrees to act with decorum and civility, and to be responsible for the actions of the Guest’s guests and other occupants with respect to this requirement. The Guest understands and accepts that Sparrow Luxury Rentals retains sole discretion and may terminate the Guest’s occupancy of the Premises if Sparrow Luxury Rentals determines that either the Guest or any member of the Guest’s group has acted inappropriately. If the Guest’s occupancy is terminated due to inappropriate behavior, the Guest understands and accepts that no compensation, reimbursement or refund will be made to the Guest. Examples of inappropriate behavior include, but are not limited to, disturbing the peace of the neighborhood; willful damage to the property; occupancy by persons not disclosed on the Guest data form; excessive occupancy; violent, aggressive, confrontational, or threatening behavior or conversation; and/or failure to secure/lock the Premises while no responsible member of the Guest’s group is at the home. Crime-Free Provision: Guest, occupants, family, invitees, or other persons under the Guest’s control shall not engage in or facilitate: (i) any acts involving imminent or actual serious property damage as defined by law; (ii) any criminal activity, including drug-related criminal activity, any act of violence or threats of violence, other illegal activity, including prostitution, criminal street gang activity, threatening or intimidating, unlawful discharge of firearms, or assault; (iii) jeopardize the health, safety and welfare of guests, Sparrow Luxury Rentals or its representatives, agents or others. VIOLATION OF THIS PROVISION SHALL CONSTITUTE A MATERIAL AND IRREPARABLE VIOLATION OF THIS AGREEMENT AND GOOD CAUSE FOR IMMEDIATE CANCELATION OF THIS AGREEMENT AND SURRENDER OF POSSESSION OF THE PREMISES. Smoking: Smoking is strictly prohibited in or around the Premises. An automatic Five Hundred and No/100’s Dollars ($500.00) charge will be accessed, if Sparrow Luxury Rentals determines on the Ending Date that anyone smoked in or around the Premises. Sparrow Luxury Rentals will have the final determining authority with respect to all aspects of this provision of the Agreement. Medical Marijuana: Despite state law that may authorize limited possession or use of Medical Marijuana in specific and limited circumstances, the federal Controlled Substance Act (the “CSA”) categorizes marijuana as a Schedule 1 Substance and the possession of marijuana is a federal criminal offense. 21 U.S.C. §§ 801, et seq. The possession of marijuana, even for medical purposes, may expose Sparrow Luxury Rentals to liability and interferes with the health, safety, welfare, and right to peaceful enjoyment of others. As such, Sparrow Luxury Rentals hereby informs and reminds Guest that it agrees to the Crime Free provision in this Agreement and, pursuant to that provision and the supporting federal laws, any possession or use of marijuana (medical or otherwise) by Guest, its family, or invitees, will result in the immediate cancelation of this Agreement and immediate surrender of possession. The Premises is non-smoking. Telephone: Telephones are NOT provided and are not guaranteed to be available for the Guest’s use. If a telephone is available, use of the telephone will be limited to local calls only. Long-distance calls must be charged to Guest’s personal phone card or credit card. Home Security: It is the responsibility of every Guest to securely lock the Premises when they are not at the residence. This requirement includes all the Premises’ doors and windows, and it also applies to the check-out date. Limit of Liability: In no instance or circumstance will Owner, SNH Luxury Rentals, LLC, or their agents, or affiliated representatives be liable for more than the total amount paid by the Guest. Risk of Loss and Indemnification: Owner, its agent, SNH Luxury Rentals, LLC, or their agents, or affiliated representatives shall not be liable for any damage or injury to the Guest, Guest’s family, Guest’s guests, invitees, or their respective property arising out of this Agreement or the use and occupancy of the Premises by Guest or Guest’s invitees. Guest shall indemnify, defend and hold Sparrow Luxury Rentals and Owner harmless for, from and against any and all claims, liabilities, damages, attorneys’ fees, court costs or assertions of every kind and nature arising out of this Agreement or the use and occupancy of the Premises by Guest and Guest’s invitees, unless caused by the gross negligence or willful misconduct of Sparrow Luxury Rentals or Owner. Guest agrees that all personal property noted in the accompanying Personal Property Inventory, furnishings, personal affects, and other items brought into the Premises by Guest, or their permitted guests and visitors, shall be at the sole risk of Guest with regard to any theft, damage, destruction, or other loss, and Rental Agents shall not be responsible or liable for any reason whatsoever. If Sparrow Luxury Rentals discovers any items of the Guest following the Departure Date, Sparrow Luxury Rentals shall return said items to Guest via First Class Mail at the Guest’s expense. Guest hereby waives and releases any claims against Owner, SNH Luxury Rentals, LLC, their agents, and affiliated representatives, assigns, employees, and representatives, officially or otherwise, for any injuries or death that may be sustained by Guest on or near or adjacent to the Premises, including any common facilities, activities or amenities. Guest agrees to use any such facilities or amenities entirely at the Guest’s own initiative, risk and responsibility. Default: If Guest fails to comply with any of the material provisions of this Agreement, Sparrow Luxury Rentals may exercise all rights and remedies available to Sparrow Luxury Rentals at law or in equity and may immediately terminate this Agreement. If Guest should fail to comply with the conditions and obligations of this Agreement, Guest shall quietly and respectfully surrender the Premises, remove all Guest’s property and belongings and leave the Premises in good order and free of damage. No refund of any portion of the Rent or Deposit shall be made and if any legal action is necessary, the prevailing party shall be entitled to reimbursement from the other party for all costs incurred, including, but not limited to, attorneys’ fees and collection costs. In the event Guest violates the Condition and Use of Premises above, or law enforcement visits the Premises, Sparrow Luxury Rentals may, in its sole and absolute discretion, evict Guest and Guest shall surrender the Premises and remove Guest’s property and belongings and leave the Premises in good order and free of damage in an expeditious manner. In addition to the above remedies, if Guest breaches this Agreement, Sparrow Luxury Rentals may perform a non-judicial lockout of the Premises and retake possession. Attorneys’ Fees and Costs: The prevailing party in any dispute arising out of this Agreement is entitled to reimbursement of their reasonable attorneys’ fees and costs. Costs shall include, but are not limited to, expert witness fees, fees paid to investigators, legal research fees, arbitration costs, court costs, and court reporter fees, etc. Governing Law: This Agreement shall be governed, construed and interpreted by, through and under the laws of the State of Minnesota. Jurisdiction shall be in the Superior Court of Hennepin County. The parties to this Agreement expressly agree any and all disputes related to this agreement and/or the rental of the premises shall be litigated in Hennepin County Court, State of Minnesota. This agreement shall be governed by Minnesota Law. Notices: Notices: Any notice required or permitted under this Agreement or under state law shall be delivered to Guest at the email address Guest used to book reservations, and to property manager at info@sparrowluxuryrentals.com. Yelp, Trip Advisor, Social Media, Better Business Bureau: Guest is advised that the publication of any derogatory comments concerning Sparrow Luxury Rentals and the Premises may subject Guest to civil liability for defamation, slander, or liable. Sparrow Luxury Rentals prides itself on its reputation and will defend its legal rights and reputation, to the fullest extent of the law. Entire Agreement: These conditions and the terms related to the dates of occupancy and the rate applied to those dates of occupancy represent the entire Agreement between the parties. No verbal representations or promises made by anyone are enforceable in any respect, unless the changes are expressly agreed to by the parties in writing.