AirBear n D on Swains Lake

AirBear ‘n’ D Vacation Rental Agreement

Premises: 529 Beauty Hill Rd. Barrington NH 

Tenant Name:__________________________________________________hereby agrees to the terms and conditions set forth herein. The parties agree that the rental term shall be for a period not to exceed_____ days commencing at 3:00 p.m._________, and continuing until 11:00 a.m._____________. The maximum number of persons including children, to reside at the premises shall be 10. 

Checks should be made out to AirBear ‘N’ D LLC. A Reservation Deposit, which will become a Security and Damage Deposit of $400, is required upon making your initial reservation and due within five days of initial telephone or email reservation. Tenant agrees that all of the following terms and conditions are essential to the Rental Agreement, and agrees to be bound strictly by these provisions:

  • 1)  LEASE: The Rental Agent, duly authorized, hereby leases the Premises to the Tenant upon the terms and conditions set forth in this Vacation Rental Agreement (hereinafter referred to as the “Agreement”. Check shall be made payable to “AirBear n D LLC”. All returned checks are subject to a Seventy Five Dollars ($75.00) check handling charge. The parties acknowledge that a security and damage deposit of $400 (hereinafter referred to as the “Security Deposit”) is required to be made within five (5) days of the initial telephonic/e- mail reservation. Until such payment is received, availability cannot be confirmed.
  • 2)  CONFIRMATION: The parties acknowledge and agree that the agreed rent is in the amount of $___________ , (hereinafter collectively referred to as the “Rent”). This Agreement must be fully executed and returned together with one-half (1/2) of the Rent on or before 10 days of receipt of lease. The total Rent is due and payable by no later than 4 weeks prior to rental start date. Time is of the essence. In the event that same is not paid in good, readily available funds by 4 weeks prior to rental period, time being of the essence, then the Tenant shall be deemed to be in default whereupon the Tenant waives claims to the Security Deposit as fair, stipulated, liquidated damages and it shall be retained by the Rental Agent. It is understood and agreed that any renting which occurs after, requires payment of the security deposit within five (5) days of the initial telephone / email reservation and the full amount of the Rent together with the Security Deposit at the time of the signing of this Agreement. The Rental Agent shall be under no obligation to accept funds other than certified funds, bank treasurer’s check or wire transfer if this Agreement is executed within fourteen (14) days prior to the commencement of the Rental Term. In the event of nonconforming payment, the Rental Agent shall be entitled to declare a default and retain the Security Deposit as aforesaid.
  • 3)  CANCELLATION POLICY: The time factor is critical in vacation rentals and the Tenant in this reservation will keep the Premises off the market for a period of time. If the Tenant cancels for any reason after execution of this Agreement, the Rent cannot be refunded unless the Premises is re-rented at the same or greater price for the entire Rental Term. The earlier the Tenant indicates the need to cancel, the better are the chances of re-renting.
    A) Cancellation prior to 4 weeks before rental period: Tenant agrees that if cancellation is necessary prior to 4 weeks before rental period, The Security and Damage deposit will be forfeited unless the entire canceled reservation period can be re-rented. All cancellations should be made in writing.
    B) It is specifically understood that if cancellation occurs after the 4 week mark, the total rent and the NH Meals & Room Tax will be forfeited unless the entire canceled reservation can be re- rented. The Security & Damage deposit will be returned to the tenant less $200.00 processing charge. All cancellations should be made in writing, and shall be effective upon the date of receipt by the Rental Agent.
  • 4)  OCCUPANCY LIMIT: A limit for overnight occupancy and daytime visitors is set by the owner of the Premises, based upon the capacity of the septic system, and the owner’s preferences with the quality of New Hampshire’s lakes and ponds in mind. THESE LIMITS WILL BE STRICTLY ENFORCED. The maximum number of persons, including children, permitted to occupy the Premises shall be 10 . Renter’s Acknowledgement: (initials) (initials)
  • 5)  Food and other personal items are also the responsibility of the tenant for the rental period. Agent and Owner assume no responsibility for any loss or damage to any goods or chattels placed on, in, or about the premises or for any personal injuries to tenant or tenant’s family, any guest, invitee, or other person on the premises at the invitation or request of Tenant.
  • 6)  TRASH REMOVAL: Tenants are to remove all trash including but not limited to unused food from the kitchen, refrigerator and freezer and disposed of according to the cottage rules.
  • 7)  The Premises shall be left in a “clean” condition, the same condition as same existed at the inception of the Rental Term, reasonable wear and tear accepted. The Tenant shall be responsible for any and all damage, breakage, missing personal items or wear and tear in excess of normal wear and tear.
  • 8)  AirBear n D may evict the Tenant or Tenant’s guests when the maximum number is exceeded or if pets are not pre-approved, that includes pets belonging to the Tenant’s guests. Large gatherings, house parties, etc., are absolutely not allowed unless approved when the Tenant’s booking is made. Sub-letting is not permitted. NO SMOKING IN ANY BUILDINGS on the property. Any disturbance resulting in neighborhood complaints or police action, other illegal activities, damage to the Premises, or violation of this Agreement or of rules and regulations governing the Premises, will be considered sufficient cause for immediate termination of the Tenant’s stay, and all monies paid shall be forfeited. This Agreement creates a vacation or recreational rental unit tenancy as that term is defined by NH RSA 540-C. The Tenant hereby is informed that if he or she remains on the Premises after the expiration of this Agreement or the termination thereof without written permission of the owner or the Rental Agent, the Tenant may be removed from the Premises by a law enforcement officer without any judicial process. Reference is made to NH RSA 540-C-2.
  • 9)  PERSONAL PROPERTY: The owners and Rental Agent are not responsible for loss, theft or damage to the belongings of the Tenant or any guest while at the Premises. Any items of personal property left at the Premises shall be deemed to have been abandoned and may be disposed of by the Rental Agent and/or the owner disencumbered of any and all claims and demands of the Tenant or any guest.
  • 10)  ASSUMED RISKS/Limitation on Liability: If any beach or any type of boat, float, raft, deck, walkway, dock , mooring or trampoline is available for the Tenant’s use, the Tenant takes full responsibility and risk for use of same. Neither the owners nor their Rental Agent make any representation as to the soundness or safety of any such beach, boat, float, raft, deck, walkway, dock or mooring or trampoline. If anyone in the Tenant’s party (or any person at the property with the Tenant’s consent) uses them, with or without owner’s permission, that action shall be construed as a statement of that individual’s competence to handle or utilize them, and the owner and the Rental Agent shall be in no way legally accountable for any damages or injury to any persons or property resulting from such use. The Tenant agrees to properly supervise and control any children who may use any of the foregoing boats, floats, rafts, decks, walkways, docks, moorings or trampoline. Owner is not responsible for any accidents, injuries or illness that occur to any member of the Rental Party or Guest’s visitors while in the Property or on the Property. Owner is not responsible for loss of personal belongings or valuables belonging to any member of the Rental Party or any of Guest’s visitors. Guest agrees to assume the risk of any harm arising from use of the Property. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, SHALL OWNER BE LIABLE TO GUEST OR ANY OTHER PERSON FOR ANY DAMAGES OF ANY NATURE WHATSOEVER INCLUDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR GUEST’S RENTAL OF THE PROPERTY OR USE OF THE PROPERTY. IN NO EVENT WILL OWNER BE LIABLE FOR ANY DAMAGES IN CONNECTION WITH THIS AGREEMENT, EVEN IF OWNER SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. Please check https://www.des.nh.gov/water/healthy-swimming/healthy-swimming-mapper for water quality status.
  • 11)LEAD PAINT DISCLOSURE Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. AirBear N D has no knowledge, reports, or record of lead based paint on the property, but being that it was built before 1978, there is potential for it to exist. Lead education can be found: https://www.epa.gov/lead
  • 12)  TENANT AGREES TO NOTIFY RENTAL AGENT: The Tenant agrees to notify the Rental Agent immediately of any maintenance problem that might cause damage to and//or render the Premises unfit for further rental use, or otherwise interfere with the Premises, so the Rental Agent can inform the owner and have it remedied as quickly as possible. Owner and Rental Agent reserve the right to make repairs as necessary, and to enter the property with reasonable notice, or without notice if the Tenant cannot be reached. Amenities that are damaged over the course of the summer may not always be repairable or replaceable within the time frame available; the Rental Agent cannot guarantee the condition or availability of any particular item. The Tenant agrees not to use the Premises for any purposes which might be designated as hazardous or to use the Premises or to suffer them to be used for any purpose calculated to interfere with the use and enjoyment of any surrounding property. No tents, trailers, or mobile homes may be used at the property without prior approval of the owner.
  • 13)  UNFORESEEN CIRCUMSTANCES: If the Premises become unavailable or uninhabitable, the owner and Rental Agent are not liable for any acts of nature or major mechanical failure that would prohibit or limit the use of a property.
  • 14)  CHECK IN AND CHECK OUT: Check in is 3:00 PM on arrival date. Check out is by 11:00 AM. Key instructions will be provided after contract is executed.
  • 15)  PROPERTY CONDITION/SECURITY DEPOSITS: When the Tenant arrives, the Premises should be inspected for cleanliness and damage, and the Rental Agent should be notified promptly of any problems. The Tenant agrees to leave the Premises in good condition, i.e. no physical damage, cottage and yard neat and tidy, dishes washed and put away, spills wiped up, trash removed according to any instructions of the owner, pet waste removed, etc. Late checkout, trash left, or cottage or grounds needing more-than-usual cleaning are commonly among the reasons why charges are withheld from the Security Deposit. If there is no problem, deposits shall be returned after fourteen (14) days of vacating. If the reasonable cost of remedying or repairing any damage or non-conformity being deducted from the Security Deposit is insufficient for such purpose, the Tenant shall remain liable for any such deficiency.
  • 16)  MECHANICAL AND APPLIANCE FAILURE: The Rental Agent will use its best efforts to help the owner to have mechanical (water, septic, electrical and plumbing) and appliance failures corrected as soon as possible, but cannot control the scheduling of outside service contractors. NO REFUNDS will be made for appliance(s) or mechanical failures or breakdowns. The Rental Agent shall have the right to arrange, inspect and make repairs during the Rental Term. The Tenant will be charged for unnecessary maintenance and service calls or repairs caused by abuse beyond normal wear and tear.
  • 17)  REFUNDS OR REBATES: NO refunds will be made for the malfunction of appliances or other equipment. There are NO refunds for inclement weather, area construction or water quality. 18)  GENERAL INDEMNITY: The Tenant, for himself, herself, or themselves, their successors and assigns, shall indemnify, defend and hold harmless the owner and the Rental Agent, their employees, agents and representatives, the manager and members of the owner, all of their successors and assigns (hereinafter referred to as the “Covenant Parties” from and against any and all losses, claims, damages, liabilities, causes of action, cost and expenses including reasonable attorney’s fees for personal injury, property damage or a death arising from or in connection with the Tenant’s right of access to the Premises and property occupancy and condition of the house and property and/or use of the house and property.
  • 19)  NOTICES: All notices to be given relative to this Agreement shall be deemed given to the Tenant if sent to the Tenant at the address set forth below or called to the telephone number (s) provided below and shall be deemed given to the Rental Agent, if received in writing. ATTORNEY’S FEES: In the event that the owner or Rental Agent is required to initiate an action to compel compliance or recover sums due and payable, then in addition to any other remedy available to the owner and/or Rental Agent, the owner and/or Rental Agent shall be entitled to recover costs and attorney fees.
  • 20)  LIFE JACKETS: Children 12 years old or younger must wear a life jacket at all times in any craft on New Hampshire waters. In addition, the traditional boat cushion is no longer considered a legal floatation device. Only wearable life jackets are acceptable. The law does not require recreational boaters (except children) to wear life jackets, but they must be available for each occupant of all watercraft. Please plan accordingly, as life jackets are not always supplied. It is illegal to transport ANY aquatic plants on a vehicle, boat, personal watercraft, trailer, or other equipment. Check and remove all plants and plant parts from boats, motors, etc., before and after launching.
  • 21) IT IS UNDERSTOOD AND AGREED: It is understood and agreed between all parties that any disturbance resulting in neighborhood complaints or police action, other illegal activities, damage to the Premises, or violation of this Agreement or of rules and regulations governing the Premises, will be considered sufficient cause for immediate termination of the Tenant’s stay, and all monies paid shall be forfeited.

RENTAL CHARGES:
Rental Fee: $__________

New Hampshire Rooms & Meals Tax (8.5% – subject to change) $_________

TOTAL RENT: $ ________________

REMAINING (1/2) OF TOTAL RENT $________________

Due with Lease

RESERVATION DEPOSIT*$400.00*
(1/2) OF TOTAL RENT ABOVE$

*NOTE: THE “RESERVATION DEPOSIT” WILL BECOME A “SECURITY/DAMAGE DEPOSIT” DURING THE RENTAL TERM.

I HAVE READ, UNDERSTAND, AND AGREE TO THE TERMS OF THIS RENTAL AGREEMENT

TENANT NAME: __________________________________

ADDRESS:___________________________________________
Cell #:_________________________________
EMAIL:______________________________________________


TENANT SIGNATURE:_________________________________________DATE:______________

Please make checks payable to:

AirBear N D LLC

CONTACT AT AirBear n D: Erin Tooch (734) 972-0940 airbearnd@gmail.com