THIS SHORT TERM RENTAL AGREEMENT between William Bell “Owner” by and through Bell Companies, “agent for Owner”, and The Vacation Renter hereinafter referred to as “Renter”. Owner hereby rents and grants to Renter the used of his/her vacation residence described below and its present “as is” condition, under the terms hereinafter stated.

Property:

Name: The Cabins In Big Bear, Klamath

Address: 1416 Klamath, Big Bear City, CA 92314

3 bedrooms and 2 bathrooms with Spa

Website: www.thecabinsinbigbear.com. (Klamath)

Email Address: vernonalderson@gmail.com

Renter agrees to pay the above rental amount to the booking agency in consideration of this rental term as follows:

Payments: Deposit of 50% due within 3 days of this contract date. The remaining balance will automatically be charged to the credit card on file 60 days prior to your check-in date.

^{Upon deposit, Booking Agent agrees to ensure that the vacation time is in the name of the Renter and to notify Renter of this. Renter agrees to confirm the reservation with the management of the property and that it has been made accurately.}

^{SUBLETTING: Renter is not authorized to let or sublet all or part of the premises nor assign the lease or any interest in it without the prior written consent of the Owners and Agency.}

^{CONDITION OF PROPERTY: A cleaning crew will have this home clean with fresh linens/towels before your occupancy. All electrical, plumbing and appliances should be in working order. When you arrive, if you find that the house has not been cleaned to normal standards please notify the Booking Agency immediately. A, tradesmen will attend to the problem but they may not be able to fix everything over holidays and weekends. However, under no circumstances will any of the rental money be refunded or returned because of the condition of the house.}

^{CLEAN AND REPAIRS: Renter agrees to keep house, furniture and furnished in good condition. Removing, adding or changing furniture or furnishings without Owners written approval shall be deemed a material breach of the Rental Agreement, and is strictly prohibited. Renter is responsible for cost of replacement of any damage to furniture, furnishing or the premises and replacement of missing items. Renter agrees the cost of replacement and repair of damage can be charge to renters credit card provided to booking agency. Renter further agrees he/she is at all times personally liable to Owner for all costs of damage. If the Renter uses the telephone to call any 900 numbers or accepts any collect calls, the Renters’ credit card will be charged accordingly. Additionally, any other charges including, but not limited to “pay per view channels”, will be charged to Renters credit card.}

^{ENTRY OF PREMISES: With Renters permission, which is hereby given, Owner, Booking agency or Management Company may enter the premises during reasonable daylight hours without securing prior permission from Renter, but shall give Renter notice of such entry. For inventory and maintenance purposes a property management company or contactor of the Owner may need to enter the premises. The same permission procedure applies as above: in any emergency, Owner or Management company may enter the premises at any time without permission of Renter for the purposes of making repairs to alleviate such emergency. If Renter abandons or vacated premises, Owner and/or Owners Agency may, at their option, terminate this agreement, re-enter the premises and remove all Renters property.}

^{OCCUPANCY: Occupancy shall be no more than permitted. With a maximum of 3 cars parked on the premises, if Renter has more occupants than stated Renter will be immediately evicted from the property with no refund of rental money. Renter agrees to abide by policies set forth by Owner and Owners Agent and to refrain from loud noise and to return unit in a clean sanitary rentable condition or pay costs of same to bring property back to its pre-rental condition. Said costs to be charged to credit card provided to Booking Agent. Renter agrees that if all costs cannot be charged against said credit card, that the Renter will be personally liable for costs that can’t be charged to the said credit card.}

^{PETS: Renter agrees that no pets shall be allowed in vacation property without written permission from Agency and a proper pet deposit.}

^{ALL PAYMENTS ARE NON-REFUNDABLE: (see cancellation paragraph) Payment for the total rent for the period rented is due 60 days prior to arrival. Owner may cancel the reservation if payment is not received 60 day prior to arrival/check-in date. The Owner has confirmed the unit will be available to the Renter during the contracted term specified. However, if through no fault of the Owner, and if in compliance with his/her obligations in the rental contract, the unit is not available all monies paid by Renter will be refunded to them by Owner and/or Owners Agent.}

^{SMOKING: Smoking is not allowed inside the property at any time. Smoking is permitted outside only. If there is evidence that smoking took place, Renter will be charge minimum of $350.00 for the required deep cleaning. Said charge to be charged to the credit card in possession of the Booking Agency and if said charges cannot be charged to the credit card Renter agrees to be personally liable for said charges.}

DISHES: Renter agrees to wash all dishes and pots and pans used during their stay. An additional $50 cleaning fee will be charged to the credit card on file for dirty dishes left.

^{*****EVIDENCE OF SMOKING WILL COST A MINIMUM OF $350.00 FOR DEEP CLEANING******}

^{CANCELLATION: In the event of a cancellation of all or part of a reservation for the property by Renter, Owner and Agency agree to transfer the rent to a future available date at prevailing rates, only in the event that the subject property is re-rented for the canceled period under substantially the same terms and conditions as included herein. Agency and Renter shall make their respective best efforts to re-rent in the event of cancellation. Renter must cancel 60 days prior to arrival/check-in date or all monies paid to Agency and Owner, thus far are forfeited. Owner and/or Agency are not able to cancel this agreement without reimbursing Renter all rents previously paid. It is understood by the parties (Renter and Booking Agency) that, should the Owners of the property sell the property or otherwise remove it from the market and the Owner will not honor the Rental Agreement, the Booking Agency will use its best efforts to locate a like property at the similar price. If a property, satisfactory to Renter, in its sole discretion, cannot be made available, then all monies will be returned to the Renter. Renter agrees that the Booking Agency will have no further obligation to the Renter}

^{PERSONAL PROPERTY AND LIABILITY: All personal property kept by Renter in said premises shall be and remain at his/her sole risk and Owner and Owners Agent shall not be liable for any damages to or loss of such personal property. Owner and Owners agent shall, furthermore, not be liable for any acts of negligence of any other persons, nor from any problems with the rental unit from any other cause whatsoever, nor shall Owner or Agent be liable for any injury to the Renter or guests of the Renter in or about the premises. Renter understands that any personal property of and used by Renter is not insured by Owner or Agent. The Renter expressly agrees to save Owner and Agent harmless in all such cases.}

^{ASSUMPTION OF RISK: No lifeguard will be on duty. Accordingly, persons using the hot tub do so at their own risk and the Owner and/or Owners Agency assume no responsibility for accident or injury caused by the spa. No one should swim alone or without supervision. Doing so will be considered gross negligence. Renter should have hot tub/Jacuzzi covered when not in use. Owners do their best to keep Jacuzzi/hot tub operational and clean at all times, however we cannot guarantee its operation all or any of the time of occupancy. Renter to inspect on arrival and call Owner if it is not operating or clean. Owner will not be responsible to clean it during Renters stay. Under no circumstances will any of the rental money be refunded or returned because of the condition of the spa.}

^{CHILD PROOFING: Renter understands that no special efforts have been made to “childproof” this house, and accept the risk or harm to any children we allow on the property. These risks are not limited to, but include access to Snow Summit/Bear Mountain and adjacent streets, ingestion of cleaning supplies in the property and on the street, and the use of stairs inside and outside the property.}

^{PUBLIC TRASH SITES “CLEAN BEAR”:}

^{Clean Bear Trash Site #1}

^{Cross Streets are Big Bear Boulevard and Garstin/Moonridge (west). The trash site is located on the right side, about ½ block down Garstin. It is marked “Clean Bear Trash Site #1”}

^{Clean Bear Trash Site #2}

^{From the house, go to Big Bear Boulevard, turn left. Well past the village, on the left across the street from the City Hall/Performing Art Center, Clean Bear Trash Site #2 is in the parking lot of the auxiliary fire station.}

^{***RENTER WILL BE CHARGED $25.00 PER BAG OF TRASH IF NOT PROPERLY DISPOSED OF AT A CLEAN BEAR SITE***}

^{RELATIONSHIP OF PARTIES: It is specifically agreed and understood that the relationship between the parties herein shall be deemed to be of proprietor and lodger or Guest/Renter as opposed to a relationship of landlord/tenant. Guest/Renter specifically waives and make inapplicable to this lodging the provision of California Civil Code Section entitled “Hiring of Real Property” as set for in CC 1940-1945 et seq., and further specifically waives and makes inapplicable CCP 1159 re; forcible entry.}

^{RULES AND REGULATIONS: Guest agrees to comply with all rules or regulations posted on the premises, delivered or otherwise made known to Renter by Owner. Failure to comply is grounds for termination of the Rental Agreement. Renter further agrees to perform the following obligations; (1) to keep the premises as clean and sanitary as their condition permits; (2) to dispose of all rubbish, garbage and other waste in a clean and sanitary manner; (3) to use and operate properly all electrical, gas and plumbing fixtures and pipes and to keep them as clean and sanitary as their condition permits; (4) to refrain from willfully or wantonly destroying, defacing, damaging, repairing or removing any part of the premises furnishing, equipment or appurtenances, or permitting any person on the premises to commit such acts; (5) Linens are included with this home. Returned Checks $15.00 (6) if you bring a pet without written consent from owner and a proper pet deposit, the rental agreement will be forfeited and terminated, all deposits returned and additional charges will apply.}

^{DISTURBANCES: Guest shall not disturb, annoy, endanger or interfere with other renters or neighbors, nor use the premises for any unlawful purposes, nor violate any law or ordinance, nor commit waste or nuisance upon or about the premises. Committing any of the force going acts shall be deemed a breach of a material covenant causing tenancy to the property to terminate forthwith and all monies retained without refund.}

^{HOLDING OVER: Because of the nature of this business (short term winter and summer recreational rentals), Renter understands, and is hereby put on notice that any unauthorized “holding over” of the property past the stated rental period could severely jeopardize the Owners and Agencies business and cause loss of rental income from other previously booked renters, temporary and/or permanent loss of business, goodwill and reputation and among other things could force Owner and Agency to breach an agreement with similar short term summer and winter recreational renter(s) who may have reservations during Renters unauthorized “holding over” period. Renter should be aware that unauthorized “holding over” has been construed as a factor in establishing “malicious continuing occupation” of rental property, which may entitle Owner and Agency to treble damage in any unlawful detained action. Renter also recognizes the unauthorized “holding over” could be grounds in court as a cause of action for intentionally interfering with Owner’s and Agencies prospective business advantage. Renter agrees to pay the Owner and Owners Agency all the costs incurred as a result of any “holding over” including but not limited to, additional rent, loss of income from other renters, loss of goodwill, cost of litigation for breach of rental agreement with other renters. In addition, Owner will charge $100.00 an hour past 11 am on the day of check-out. Any late check-out must be noted by Owner under “Lease period” of this contract. If a late check-out is not stated above, then no late check-out is permitted.}

^{REMEDIES: In the event of a default to the Rental Agreement, particularly, but not limited to Renters unauthorized “holding over” or those acts mentioned above in this agreement, and in addition to all other rights and remedies landlord may have at law, Owner shall have the option, upon written notice or as the Law may hereinafter provide. Owner and/or Agency may immediately re-enter and remove all persons and property from premises. In such an instance, the Rental Agreement will be terminated and Owner shall be entitled to otherwise recover all damages allowable under the law. The Renter, as part of the considerations of this special rental, in recognition that this property is booked in advance by other renters throughout the year, hereby waives all claims for damages that might be caused by Owner and/or Agency re-entry and taking possession of premises or removing or storing furniture and property as herein provided, and will hold Owner and Agency harmless from loss, cost and damages occasioned thereof and no such re-entry shall be considered or construed to be a forcible entry as defined in the California Code of Civil Procedure or other similar statutory provisions. Further, if for any reason Owner and/or Agency is unable to deliver possession of the premises to Renter at the commencement of the term specified in the Rental Agreement, Owner and /or Agency shall refund amounts paid by Renter, but shall not be liable for any other damages caused thereby.}

^{ATTORNEYS FEE/DEFAULT: If any legal action or proceedings including, but not limited to default, non-payment of rent, or damages to Owners property arising out of or related to this Rental Agreement is brought by either party to this Rental Agreement, the prevailing party shall be entitled to receive from the other party, in addition to all other relief that may be granted, the reasonable attorney’s fee, costs and expenses incurred in the action or proceedings by the prevailing party.}

^{INDEMNIFICATION: Renter agrees to indemnify and hold harmless Owner and Agency for any liability arising before termination of this Rental Agreement for personal injuries or property damage caused by the negligent, willful or intentional conduct of Rental and not otherwise caused by the active negligence of the Owner and/or Owner Agent.}

^{PRIOR AGREEMENTS: This Short Term Rental Agreement contains all terms and conditions of the rental of the property described above. No prior agreement or understanding not set forth in writing shall be effective. Furthermore, Owner and Agency other than what is specifically written and set forth herein, make no other or further representation regarding the nature, character and quality of the premises to be rented and no representation shall be deemed to exist or be material unless and until it is reduced to a writing a signed by the parties. This Rental Agreement may be modified in writing only and must be signed by the parties in interest at the time of the modification. If any provision in this contract held by any court to be invalid, void or unenforceable the remaining provisions shall never the less continue in full force.}

^{GOVERNING LAW AND VENUE: It is expressively agreed that the exclusive governing law, including the laws covering this agreement, is to be the laws of the State of California only, irrespective of the state of residency of renter. The sole and exclusive venue (i.e. place where lawsuit may be filed), for any legal proceedings shall be the California State Court, either Superior or Municipal, in Orange County, California. Renter expressly waives any other right or privilege with respect to the election of the venue or court (i.e. state or federal) and location of the venue of action.}

The parties below agree to the terms stated above and have read, understand and agree to the terms and conditions and acknowledge their rights to consult an attorney .

I HEREBY ACCEPT THE TERMS AND CONDITIONS OF THE CONTRACT: