DI4Y Vacation Rentals, LLC Occupancy License Agreement
DI4Y VACATION RENTALS, LLC
OCCUPANCY LICENSE AGREEMENT
This Occupancy License Agreement (“Agreement”) is made on between (“Tourist”) and DI4Y VACATION RENTALS, LLC, a Wisconsin Limited Liability Company (“Operator”), (together “Parties”), for a Term of Stay beginning on the day of and ending on the day of , 20 , for the property located at W5801 Beach Cottage Dr., New Lisbon, WI, 53950 (“Property”). The Total Expense for staying on the Property is $ (includes tax).
RECITALS
Operator is a duly authorized and properly licensed Tourist Rooming House (“TRH”) provider in Juneau County, Wisconsin, as defined by Wis. Stat. § 35.93, ATCP § 72.03(20).
Tourist is at least 25-years-old. Tourist is not a permanent or leasing resident of the Property. Tourist is a tourist or transient occupant of the Property. This Agreement does not create a landlord-tenant relationship.
Parties agree to abide by Town of Germantown, Juneau County, Wisconsin ordinances and be governed by Wisconsin law.
This Agreement includes the “OCCUPANCY LICENSE AGREEMENT,” “EXHIBIT A: VISITOR LIST,” and “EXHIBIT B: HOUSE RULES AND REGULATIONS.” All three
documents shall be recognized as one document and collectively known as the “Agreement.”
Therefore, in consideration of the mutual promises contained in this Agreement, Parties agree to the following:
PROPERTY. “Property” is defined as the land and buildings located at W5801 Beach Cottage Dr., New Lisbon, WI 53950.
TERM OF AGREEMENT. “Term of Agreement” begins the date this Agreement is signed and ends 30-days after the Term of Stay expires.
TERM OF STAY. “Term of Stay” begins and ends at the times described in the caption at the top of this Agreement.
EXPENSES & PAYMENT.
Total Expense. “Total Expense” for staying on the Property is $ (including fees & taxes). Half of this expense, $ , is due at the time this Agreement is signed. The other half, $ , is due at least 60-days prior to Term of Stay. Therefore, full payment of Total Expense is due 60 days prior to Term of Stay. Full pre-payment of Total Occupancy License Expense is acceptable. (Total Expense = Nightly Rate + Cleaning Rate + Tax + Fees).
Nightly Rate. “Nightly Rate” for staying on the Property, beyond the terms of stay, is $675.00/per night. This rate will apply if a Tourist or Visitors stay beyond the Term of Stay.
Cleaning Fee. “Cleaning Fee” for staying on the Property is $300.00. Every Tourist pays for 6 hours of cleaning at a rate of $50.00/hr. (6 x $50.00/hr. = $300.00). If the Property is left in a condition that requires more than 6 hours of cleaning, Tourist will be assessed an additional fee for the additional time consistent with this rate.
Damages Deposit.
Amount: “Damages Deposit” for staying on the Property is $500.00.
Purpose: Deposit is designed to ensure Tourist’s full performance of the terms of this Agreement and compensate Operator for any damages caused by Tourist or Visitor acts or omissions.
Procedure: Deposit is not charged but held against Tourist’s credit card beginning 1-day before the Term of Stay. The hold is released 3-days after Term of Stay ends less any itemized deductions assessed by Operator.
Cancellation Policy. The following cancellation policies apply to all reservations:
48-hours after Booking (100% refund): Cancellations within 48-hours of booking will receive a full (100%) refund.
30-days before Term of Stay (100% refund): Cancellations at least 30-days before Term of Stay begins will receive a full (100%) refund.
14-days to 29-days before Term of Stay (50% refund): Cancellations 29 to 14 days before Term of Stay begins will receive a half (50%) refund.
Less than 14-days before Term of Stay (0% refund): Cancellations less than 14 days before Term of Stay begins will not be refunded.
Payment. Payment for Total Expense can be completed by credit card or check.
Credit Card: All credit card payments must be completed through Operator’s website payment portal at the time of booking by the deadlines described under § 4(a).
Check: Payment by check shall be hand-delivered along with this Agreement or sent by mail to the below- described address. Operator must receive all mailed checks by the deadlines described under § 4(a). All checks must be posted and paid to the order of:
DI4Y VACATION RENTALS, LLC
ATTN: Pamela B. Cotton Conn 43W212 Ferson Ct.
Saint Charles, IL 60175
Late Payment Penalties. Total Expense must be paid at least 60 days before the Term of Stay begins. If Tourist fails to pay in a timely manner as described by the deadlines under § 4(a), and there is no agreement between Operator and Tourist to the contrary, Tourist forfeits all monies already delivered and the reservation date for the intended stay.
PROPERTY USE. Tourist is a tourist or transient occupant. Tourist shall have access and permitted use of various aspects of the Property identified in this Agreement. Tourist shall not have access to areas of Properly clearly identified in this Agreement or areas of Property marked with posted signs. A more detailed description of permitted use and prohibited use of Property is outlined in the attached “EXHIBIT B: HOUSE RULES AND REGULATIONS” and incorporated herein.
TOURIST DUTIES. Tourist shall abide by the rules and regulations set forth in the attached “EXHIBIT B: HOUSE RULES AND REGULATIONS.”
OPERATOR DUTIES. Operator shall ensure (1) all amenities are functional for Tourist enjoyment, (2) the Property is in a clean and livable condition at the start of Tourist’s Term of Stay, and
(3) any necessary repairs and maintenance will be addressed in an appropriate amount of time and in an appropriate manner.
MAXIMUM OCCUPANCY. “Maximum Occupancy” of individuals staying on the Property during the Term of Stay is 11, including Tourist. Pets are not permitted on Property. If a pet or more than 11 people are found on the Property at any time during the Term of Stay, without any agreement between Operator and Tourist to the contrary, Operator may terminate this Agreement and/or assess a monetary penalty as described under § 11.
SECURITY CAMERAS. External security cameras have been installed and will monitor outdoor activities. These cameras are in plain sight and can be accessed remotely by the Operator. No security cameras have been installed inside the house. These cameras ensure the safety and security of the Property and its occupants.
PROPERTY INSPECTION. Operator reserves the right to inspect the Property with 12-hour notice to Tourist. Notice may be given by phone or email.
BREACH AND PENALTIES. This Agreement is breached if Tourist fails to comply with any of the responsibilities set out by this Agreement. If Tourist breaches these responsibilities, Operator may terminate this Agreement and/or assess a $100.00 monetary penalty per infraction.
ASSIGNMENT. This Agreement is not assignable. To be assignable, both Parties must provide written and signed consent.
NO OTHER WARRANTIES. Any representations, promises, conditions, inducements, or warranties are not binding unless included in writing in this Agreement. All prior and contemporaneous conversations, negotiations, possible and alleged agreements and representations, covenants, and warranties regarding this Agreement’s subject matter are waived, merged in, and superseded by this agreement.
GOOD-FAITH DUTY. Parties agree to act in good faith toward each other under this agreement.
OPERATOR LIABILITY. Tourist releases Operator from any liability arising from Tourist’s acts or omissions or guest’s or invitee’s acts or omissions that may occur during the term of this Agreement.
SEVERABILITY. If one or more provisions of this Agreement is held to be unenforceable under applicable law, Parties agree to renegotiate provisions in good faith.
JURISDICTION. Parties to this Contract agree to be bound by the law of the State of Wisconsin. For purposes of litigating any matter that may arise directly or indirectly from this Agreement, Parties hereby voluntarily consent to the exclusive jurisdiction of Wisconsin and agree that any litigation be conducted only in the Circuit Court of Juneau County, Wisconsin.
SIGNATURES
Parties have considered the provisions in this Agreement and voluntarily agree to be bound by its terms.
Signed and executed this day of , 20 .
TOURIST | OPERATOR |
By: | By: |
[SIGNATURE] [PRINT NAME] | Pamela B. Cotton Conn, Member of DI4Y VACATION RENTALS, LLC |
[ADDRESS] [PHONE NUMBER] [EMAIL ADDRESS] [NAME OF EMPLOYER] | By: Tracy W. Conn, Member of DI4Y VACATION RENTALS, LLC |
EXHIBIT A
DI4Y VACATION RENTALS, LLC
VISITOR LIST
In this Agreement, “Visitors” are any individuals identified in this Exhibit. Visitors may stay overnight on the Property and have full access to the Property just like Tourist. Only 10 Visitors may stay on the Property, in addition to Tourist. Below, list the full legal names (including middle initial) and addresses of all individuals that will stay on the Property for the Term of Stay. This list must be completed at the time this Agreement is signed. Please contact Operator for any additions, deletions, or clarifications.
NAME: | ADDRESS: |
EXHIBIT B
DI4Y VACATION RENTALS, LLC
HOUSE RULES
Tourist shall comply with the “House Rules” set forth herein. Failure to follow any of these rules may result in immediate termination of this Agreement and/or a monetary penalty to be assessed at the discretion of Operator.
RESPECT FOR PROPERTY. Tourist and Visitors shall take reasonable care of Property during Term of Stay and return it to Operator in the condition it was received. Operator reserves the right to assess Tourist maintenance fees from the Damages Deposit or more if Property is left in a lesser condition or beyond normal wear and tear.
PERMITTED USE OF PROPERTY. Tourist and Visitors are permitted to use all unlocked rooms, including, but not limited to, bedrooms, bathrooms, closets, balcony/deck, basement, garage, porch, kitchen, hot tub, yard, driveway, small lake, and beach. Tourist and Visitors are permitted to use all available amenities in the house including, but not limited to, silverware, plates, glassware, towels, linens, washer/dryer, and dishwasher.
PERMITTED PERSONS. Tourist and Visitors shall have the exclusive permission to use Property and its amenities.
PROHIBITED USE OF PROPERTY.
Noise and Nuisance. Tourist and Visitors shall enjoy the Property in accordance with local customs and law. Remain courteous and maintain respectful noise levels.
A noise/occupancy monitor has been installed on Property and will notify the Operator of any excessive noise/people. Any disputes with neighbors should be relayed to Operator as soon as possible.
Parties. Parties, festivals, large gatherings, or celebrations that involve excessive noise and/or more than the Maximum Occupancy limit are prohibited.
ATV/Snowmobile. Driving motorized vehicles (including, but not limited to, 4-wheelers, 3-wheelers, side- by-side ATVs, snowmobiles, riding lawn mowers, and
tractors) on Property, is prohibited. There is a large amount of off-road, drivable, public land around Castle Rock Lake. We encourage you to enjoy these pursuits off the Property.
Temporary Structures/Mobile Homes. Use of temporary structures (including, but not limited to, campers, trailer homes, mobile homes, and tents) on Property, is prohibited. Again, there is a large amount of wild, camp-able, public land around Castle Rock Lake, including Buckhorn State Park. We encourage you to enjoy these pursuits off the Property.
BED & BATH.
All beds are available for use. Additional pillows and blankets are in the bedroom closets. For safety, children 6- years-old and younger shall not sleep in the top bunk bed.
Property is equipped with striped beach towels, bathroom towels, toilet paper, paper towels, and shower products. Use the striped beach towels when using the beach, lake, or hot tub. Bathroom towels should only be used for showering/bathing.
PARKING. Tourist and Visitors shall park in one of two locations: (1) in the driveway of the Property, or (2) on Beach Cottage Drive (on either side of the street). Tourist and Visitors must park near the Property and not in front of neighboring houses or properties. Parking on 37th Street is prohibited.
GARBAGE & RECYCLING. Tourist and Visitors shall place all garbage and recycling materials in the 4 allocated garbage receptacles. Excess garbage cannot be left in public or common areas. Any overflow or garbage that exceeds the receptacles should be disposed of by Tourist. If occupying residency on Sunday place the garbage cans, with closed lids, at the end of the driveway on Sunday. Garbage will be collected on Monday morning.
SECURITY.
When leaving the Property, Tourist shall ensure that all windows, doors, and other entrances are securely closed and locked. To save energy, turn off all lights and electronics when not in use. Air conditioning and heat should be adjusted when not in use.
Package deliveries to Property are prohibited. Packages sent to the Property will be rejected by the post office. The Operator is not responsible for any misplaced or withheld items.
LAKE SWIMMING & HOT TUB.
Tourist is permitted to swim in the small lake and hot tub on the Property. There is no jumping, diving, or horseplay in or around the lake or hot tub. There is no lifeguard on duty for the lake or hot tub. Swimmers enjoy lake and hot tub at own risk.
No more than 7 individuals are permitted in the hot tub at one time. Children under the age of 18 can only use the hot tub under the supervision of a parent or guardian. A shower is provided to rinse off any sand before entering the hot tub or house.
Tourist and Visitors must use lake and hot tub between 8:00AM and 10:00PM. Hot tub must be locked when not in use.
No glass is allowed in or around the lake, beach, or hot tub areas.
Dry off and shake out any sand outside with the striped beach towels. Do not use blankets or bathroom towels on the beach or to dry off from swimming. Do not bring any wet or sandy beach items into the house.
Motorized boats/watercraft are prohibited.
BALCONY & DECK. For safety, children under the age of 8, should not use the balcony or deck areas without the accompaniment of a parent or guardian. Be careful—the balcony, beach, and deck can be quite hot to touch in the summer sun. No horseplay or rough housing on the balcony, deck, or stairs.
GARAGE. Tourist and Visitors shall have full access to garage for parking and storage, including hanging items like snowmobile gear to dry off on the hooks provided.
ILLEGAL ACTIVITY. Tourist shall use the Property for legal purposes only and abide by Town of Germantown ordinances and Wisconsin State law. Any illegal activities or illicit use of the Property including, but not limited to, illegal drug use, verbal or physical abuse of any person, or illegal sexual behavior shall terminate this Agreement with no refund. The Property is equipped with security cameras, as well as noise and smoke detection systems.
SMOKING & FIRES.
Smoking, vaping, or other forms of ingesting tobacco, THC products, or nicotine, inside the house on the Property is prohibited. Similarly, the indoor use of open flames, candles, incense, and other incendiary devices is prohibited. The Property is equipped with a smoke/vape/substance detection system.
Tourist may smoke tobacco products (cigarettes, cigars, cigarillos, etc.) or vape 10ft. away from the house on the Property. Cigarette butts and cigar stubs must be properly thrown away in the ash-specific garbage receptacle and not in the regular garbage can or on the ground.
Controlled fires must be kept in specifically designed containers like the fireplace, fire pit, or fire table.
QUIET HOURS. Quiet hours on the Property begin at 10:00PM each night and continue until 8:00AM every morning. Quiet hours consist of keeping all sounds at a reasonable and respectful level in consideration of surrounding neighbors.
PETS. Pets are not permitted on the Property. Operators want to avoid any accidents that may result in lingering smells, stains, or cause allergic reactions for future guests.
BARBEQUE & GRILLING. There is a gas-powered Weber grill and gas-powered Blackstone grill on the Property. Tourist shall use the grills at least 10ft. from the house, in the driveway, and not in the garage. There is a folding table for cooking, in the garage, too. Tourist shall clean the grills and all surfaces—within reason—after every use. For instructions on how to clean a Blackstone grill, use the “QR” code in the garage.
BREACH AND PENALTIES. This Agreement is breached if Tourist fails to comply with any of the responsibilities set out herein. If Tourist breaches any responsibilities, Operator may terminate this Agreement and/or assess a $100.00 monetary penalty per infraction.
DAMAGES & MAINTENANCE. Any damage to the Property or the contents of the house must be reported to Operator as soon as possible. Failure to report any damages may result in a monetary penalty assessed at the discretion of Operator. Damages or broken items will be addressed and repaired as quickly as possible. The maintenance team will prioritize emergency issues over non- emergency issues. To avoid damaging the Property or the contents of the house, do not move furniture without prior agreement.
CHECK-OUT RULES. - Late check-out and/or excessive mess will incur charges to damage deposit.
Check-out time is 10:00AM. Before leaving the Property, please ensure all windows, doors, and entrances are securely locked throughout the house.
Tourist and Visitors are encouraged to clean up after themselves as much as possible. Please empty all garbage cans by following the steps outlined in §7.
Please leave all used beds unmade. Place all used towels in the bathtub or shower. Please ensure all dishes are washed and/or the last load is washing.
Please check beds, electrical outlets, closets, safe, bedrooms, bathrooms, dresser drawers, cabinets, refrigerators, outside and all used areas of the Property to ensure no personal items are left behind.
Personal Possessions. Tourist is responsible for all personal items or possessions that are left on the Property. Tourist’s personal possessions are not the responsibility of the Operator. We shall make every reasonable effort to return all found items to Tourist at Tourist’s expense. If claims are not made within two weeks, the personal property shall be considered abandoned, and the Operator will not be responsible for returning.
Please turn off any and/all electrical appliances including the tea kettle, coffee pot, televisions, bar ice machine, and heated floor. Make sure to “log out” of any television streaming services. Return the air conditioning temperature to 75 degrees and the heat to 65 degrees. Return the hot tub to 95 degrees and securely lock it. Return grill(s) to original condition(s) & position(s).
Tourist must notify Operator by email, phone call, or text message, when they (Tourist and Visitors) have left the Property.
