LICENSE AGREEMENT

OVERVIEW: LandsEnd is a private gated peninsula with 7 private residences (“Units”), located at 6545 Nacimiento Shores Road, Bradley, CA, 93426.  LandsEnd is owned by Lakefront at LandsEnd, LLC (referred to herein as “Owner”, “we” or “us”).  It is important to note that the Units are private residences.  LandsEnd is not an inn, hotel or motel. The Units are used by Owner’s members and their friends and families off and on all year round.  As such, it is very much appreciated if you would treat our Units as you would treat your own home.  If there is anything that doesn’t seem to work ‘just right’, let us know when you can, and we will do our best to address the issue as soon as possible.  Call us at (510) 999-NACI (6224) or Email us at LandsEnd@Naci7.com

LICENSE: In consideration of the moneys paid and promises contained herein, the Owner grants you (“Guest” or you) a license to use the Unit identified in your Confirmation of Reservation for the period described therein, subject to the terms and conditions set forth in this agreement.  Notwithstanding any contrary provision of this agreement, Guest acknowledges that he/she is occupying the premises only as a licensee of the Owner, and that this agreement does not constitute a lease agreement or create a landlord-tenant relationship or any other interest in the Unit or any other property of Owner

DEPOSIT AND PAYMENTS: 50% of your reservation (inclusive of all fees, deposits and taxes) is due within 24 hours of your reservation, and your reservation is not confirmed until funds are received and we have sent you a written Confirmation of Reservation. The total remainder is due 60 days prior to your check in date. If you have a credit card on file it will be charged automatically unless other payment arrangements are made. Please review your reservation and make sure all the information including check in and check out dates are correct.

PAYMENT TERMS: Credit Cards, Electronic Funds or Electronic Checks are accepted. Paper checks will only be accepted upon written approval from management.  There is a $50 charge for all returned checks plus the cost of collection.

CANCELLATION: There is a 25% cancellation fee (cancellation fee equal to 25% of the total of all use fees, deposits, and taxes for the total booking) for any cancellation notification received more than 60 days prior to occupancy. There are no refunds if the reservation is cancelled less than 60 days prior to the arrival date. When you reserve a Unit we are pulling it off the market so that it is not available to other families. If you are unsure about your vacation plans or do not have full commitment from your family and friends, please wait to make your reservation so you are not charged a cancellation fee.

RATES: Rates, terms and applicable taxes are subject to change without notice. We reserve the right to move the Guest to another comparable Unit up to 30 days in advance of your stay or refund the Guest the amount paid. 

OCCUPANCY: Each Unit is allowed up to 2 vehicles and 1 watercraft (trailers are not allowed on the property). Units with a maximum occupancy listed on the website of 8 or greater are allowed an additional vehicle.  There will be a $100 per day per additional vehicle or trailer fee charged to the credit card on file over the unit's allotment).  There is no exceeding the maximum occupancy of the Unit identified on the website or change to the occupancy stated in your contract. Non-compliance may result in the immediate removal from the property with no reimbursement to Guest, at Owner’s or Caretaker’s sole discretion.  If it is found that the maximum occupancy for a Unit has been exceeded, an additional fee of $75 per additional person per day or night (including any day guests) will be due and payable immediately by Guest as a condition of Guest’s continued use of the Unit. As an example, if the maximum occupancy for a unit is 6 guests and you have 6 guests staying in the unit and you have two additional guests join you for day and/or night use, this is not allowed and the credit card on file will be billed for these two additional guests. 

DAMAGE PROTECTION INSURANCE: Damage Protection Insurance, if purchased by Guest, covers unintentional damages to the Unit interior/exterior that may occur during your stay, provided they are disclosed to management prior to check-out. The policy will pay a maximum benefit of $1,500. Any damages that exceed the policy limit or the amount paid to Owner under such insurance, if applicable, are Guest’s responsibility and will be charged to Guest’s credit card on file. If, during your stay at one of our Units, a Guest or their guest causes any covered damage to real or personal property on or within the premises, the Insurer will reimburse Owner for the cost of repair or replacement of such property up to a maximum benefit of $1,500. Full details of the Damage Protection coverage are contained in the Certificate of Insurance and Insurance Policy issued by Travel Guard.  Nothing in this agreement shall be deemed to modify or guaranty such third party coverage.  By submitting payment for this plan, you authorize and request Travel Guard to pay directly to Owner any amount payable under the terms and conditions of the Damage Protection Insurance

CHECK IN AND CHECK OUT: The license period begins at 4:00 p.m. on the scheduled day of arrival and terminates at 10:00 a.m. on the scheduled day of departure, unless prior arrangements have been made. Early check ins or late departures will incur an extra charge of $50 per hour. The Units are professionally cleaned and inspected before and after each occupancy to ensure that all Guests have a clean comfortable stay. Please be thoughtful of other guests who may be checking in on the same day that you checkout. Occasionally delays may occur during peak season. 

ACTIVITIES RELEASE: Permission to use LandsEnd’s docks, bar-b-que, kayaks and paddle boards is subject to the terms and conditions of this agreement and the execution of a separate Release of Liability, Assumption of Risk and Indemnity Agreement by Guest and each member of Guest’s party.

DAMAGE AND CLEANING ISSUES: Any damage or cleaning issues noticed upon arrival should be reported to the management immediately. If damage or cleaning issues are not reported within 3 hours of your arrival, your credit card may be charged for the cost of the repair and additional cleaning. All general maintenance issues should also be reported so the Unit can be kept in good operating condition. You must contact the cleaning company to address any cleaning issues within 3 hours of your arrival. You can avoid incurring additional charges by adhering to the following conditions and requirements:

 

·         THERE IS NO ONSITE 24/7 MAINTENANCE, HOUSEKEEPING OR LINEN SERVICE.

·         No damage is done to the Unit or its contents.

·         No items are missing upon the inventory check.  (This includes, but is not limited to, transferring items to other Units.)

·         All debris, garbage and discards are placed in proper containers. All trash shall be removed from the Unit prior to vacating the Unit.

·         All soiled dishes are placed in the dishwasher or washed if the Unit does not have a dishwasher.

·         There is no exceeding the maximum occupancy of the Unit or change to the occupancy stated in your contract.

·         There is no smoking or evidence of smoking in or about the Unit or premises.  

·         Unit is left in neat condition.

·         No damage to the on-site septic system.  DO NOT flush anything down the toilet except single-ply toilet paper.  Absolutely no tampons or feminine hygiene products, condoms, diapers, paper goods, napkins, Q-tips, food, or any other item besides single-ply toilet paper).  Each Unit’s mechanical system is equipped to identify if inappropriate items are dispensed in or flushed down the toilets. 

·         No damage to the premises.  All Guests are responsible for the safe keeping of the entire LandsEnd property, not just the Unit they are occupying.  This includes damage caused by vehicles or any other means.

·         The property operates on a well. Showers are limited to 5 minutes per person.  Excessive showers can deplete the well and cause permanent damage to the pumps and well system.  Baths are not permitted. 

·         Pets are not permitted on the premises. 

·         Firearms are not permitted on the premises.  

·         Fireworks are not permitted on the premises.  

·         No Open Fires permitted due to fire hazard.

If you experience any problems whatsoever with the vacation property during your stay, please contact us and we will do our best to rectify the matter as soon as it is practically possible. Should a problem remain unresolved, you are required to notify us in writing within 7 days of your vacating the premises/return. No action can be taken or liability accepted for any complaints received after this period. We aim to resolve complaints within a two month period from receipt, the details of which will be kept confidential to only the parties involved.

NO SMOKING: DUE TO HIGH FIRE HAZARD AREA, THIS IS A NON SMOKING PROPERTY - Smoking is not allowed in any of our Units or on the property at any time.  A cleaning and deodorizing fee in the minimum amount of $500 will be charged to your credit card on file if Owner determines, in its sole discretion, that Guest has violated this no smoking policy. .

PET POLICIES:  Guests are not allowed to have pets in the Units or on the LandsEnd property. A cleaning and deodorizing fee in the minimum amount of $500 will be charged to your credit card on file if Owner determines, in its sole discretion, that Guest has violated this pet policy. 

SEVERE WEATHER: We do not refund use fees or deposits lost due to cancelled or shortened stays because of weather. Departures due to inclement weather do no warrant refund of use fees or deposit.   

COMMUNITY RULES: Guest agrees to abide by rules of the community. These may be posted in the Unit, on the website and/or on the property. 

·         Each Unit is allowed up to 2 vehicles unless prior written approval is received from management.   Boat and Watercraft trailers are not allowed on the property.

·         No smoking, no fireworks and no open fires are allowed on the property. 

·         Please respect the privacy of others. 

·         Noise curfew is 10 pm to 8 am for all Guests.

·         Excessive drinking is prohibited.

·         Loud music is prohibited.

FALSIFIED RESERVATIONS: Any reservation obtained under false pretense will be cancelled without refund. 

Guest is responsible for all members of Guest’s party.  

Guest will identify by name all members of their party who will occupy cabin and premises. 

Guest warrants that all members of Guest’s party will observe all conditions and terms of this agreement, including, without limitation, maintaining the Unit and the LandsEnd property in good order and appearance, and will conduct themselves in a manner inoffensive to neighbors.

Guest acknowledges and agrees that any Guest who violates any of the terms of this agreement shall be immediately denied occupancy and shall remedy any damages or other expenses, which are caused by the Guest or any members of Guest’s party.

Guest agrees that Guest or any members of Guest’s party who is found using illegal non-prescribed drugs or controlled substances or allows others to use illegal non-prescribed drugs or controlled substances on the premises will be immediately denied continued use of the Unit without refund.  Termination of Guest’s license to use a Unit applies to the Guest and all members of Guest’s party.

Guest who has a boat will launch it at the main marina or other boat launch not on the LandsEnd premises. Guest and guests of Guest will abide by the mussel inspection laws. Launching a boat/watercraft without proper mussel inspections is prohibited by law.  Launching any boat/watercraft from the LandsEnd property is prohibited.

USE OF DOCKS.  Each Guest will be assigned a dock for their watercraft.  Use only the dock you are assigned to. The water level in the lake will fluctuate.  The Guest is responsible for the well-being of their watercraft while using the docks.  Owner is not responsible for any damage to your watercraft due to misuse of the docks or the fluctuating water levels in the lake.

Guest and the members of Guest’s party shall not disturb, annoy, endanger, or inconvenience neighbors, nor use the premises for any improper or unlawful purposes, nor violate any law or ordnance, nor commit waste or nuisance on or about the Unit or the LandsEnd property.

Guest will, at all times during the license period, keep the Unit clean and free of trash, garbage, and other waste; and all pipes, wires, glass, plumbing and other equipment and fixtures in the same condition as at the beginning of the license period, ordinary wear and tear excepted.

Guest agrees to defend, indemnify, save harmless and release Owner, its partners, members, managers, employees and agents and the LandsEnd property from and against all claims, liabilities, losses,  damages, fines, obligations, costs and expenses, including reasonable attorneys’ fees and court costs (collectively, “Claims”) arising from or in connection with the entry onto or use of the Unit or the LandsEnd property by Guest or the members of Guest’s party, including, without limitation, any nuisance, injury, damage or harm made or suffered in or about Unit or on the LandsEnd property, or any breach by Guest of this agreement. This release includes Claims of which Guest is presently unaware or which Guest does not presently suspect to exist which, if known by Guest, would materially affect Guest’s release of Owner and the other released parties. Guest hereby acknowledges that it has read and is familiar with the provisions of California Civil Code Section 1542, which states: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN TO HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” Guest hereby waives the provisions of California Civil Code Section 1542, and all other statutes and common law principles of similar affect, in connection with the matters which are the subject of the foregoing release.

Guest assumes sole responsibility and liability for all loss and damage and alteration to the terms of Guest’s reservation or license to use a Unit caused by events beyond Owner’s control, including but not restricted to war, terrorist activity, civil commotion, flight delays, or cancellations, adverse weather conditions, fire, flood, or industrial dispute. Owner has no responsibility or liability whatsoever for failure of public supplies such as water, electricity, Internet or breakdown of the air conditioning system, nor for the consequences of the acts or omissions of persons who may control or supply main services, or any actions taken in the vicinity of the LandsEnd property by any third party or authority.

Guest hereby assumes sole responsibility for the personal safety of Guest and all members of Guest’s party during your vacation. PLEASE NOTE THIS IS A RURAL AREA AND SUBJECT TO NATURAL STEEP TERRAIN AND NATIVE WILDLIFE (E.G. COWS, SNAKES, WILD PIGS, DEER, MOUNTAIN LIONS, HAWKS, ETC.).  IT IS PARTICULARLY IMPORTANT THAT CHILDREN ARE SUPERVISED AT ALL TIMES IN AND OUTSIDE THE VACATION PROPERTY. Owner assumes no responsibility for accidents.   

Guest is reminded to exercise care as to your personal safety, and the safety of the members of your party. Great care must be exercised when recreating around water.  COAST GUARD APPROVED LIFE JACKETS ARE STRONGLY RECOMMENDED AT ALL TIMES FOR ALL GUESTS AND MEMBERS OF THEIR PARTIES WHEN IN OR AROUND THE WATER.

Guest is further reminded to exercise care as to your personal property and personal possessions.  Valuables should ALWAYS be left secure and out of sight. Owner has no responsibility or liability with respect to any loss, damage or theft of any property of Guest or any member of Guest’s party. 

CREDIT CARD AUTHORIZATION: I understand and consent to the use of the credit card provided without original signature on the charge slip, that an email of this agreement will serve as an original, and that this Credit Card Authorization cannot be revoked and will not terminate until 90 days after the Unit is vacated. Additional charges may include, without limitation: long distance telephone and satellite TV charges; excessive cleaning fees; damages beyond normal wear and tear and unreturned keys.  All damages not covered under and paid by the Damage Protection Insurance remain your responsibility and may be charged to your credit card or deducted from your security deposit or both.

ATTORNEY’S FEES: Should any litigation be commenced between Owner and Guest to enforce this agreement, or the rights and duties of either in relation thereto, the party, Owner or Guest, prevailing in such litigation shall be entitled, in addition to such other relief as may be granted, to a reasonable sum as and for its attorney's fees and costs in the litigation, which shall be determined by the court in such litigation.

 

MISCELLANEOUS: This agreement shall not be modified except by written agreement of the Parties.  This agreement may not be assigned by Guest without the prior written consent of Owner, which consent may be withheld by Owner in its sole and absolute discretion.  Any attempted assignment by Guest in violation of this provision shall be null and void.  This agreement shall be governed by and construed in accordance with the laws of the State of California.  No provision of this agreement that is held to be inoperative, unenforceable or invalid shall affect the remaining provisions, and to this end all provisions hereof are hereby declared to be severable.  No waiver of any of the provisions of this agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver.  No waiver shall be binding unless executed in writing by the party making the waiver. The rights and remedies of Owner for Guest’s breach of any term, condition or provision of this agreement shall be cumulative to the fullest extent permitted by law, and Owner’s exercise of one remedy shall not constitute a binding election or waiver of any other right or remedy.  This agreement may be executed in one or more counterparts, each of which shall be deemed to be an original and all of which taken together shall be deemed to be one and the same document.  The Parties agree to accept signatures to this agreement delivered by electronic, mail or fax as originals for all purposes. Additionally, by booking a reservation at LandsEnd, Guest shall be deemed to have accepted all terms and conditions of this agreement.