State of Pennsylvania
VACATION RENTAL
SHORT TERM LEASE AGREEMENT
_________________________________________________________________________________________________________________
This Vacation Rental Short Term Lease Agreement (this “Agreement”) is made between Perpetual Motion Enterprises, Inc. (“Owner”) and “Renter”, full name as listed on booking website and in effect for the dates of reservation from said booking website. By renting the Property located at 1622 Stag Run, Pocono Lake, PA in the association of Locust Lake Village POA (“LLVPOA”), Renter is agreeing to the following terms and conditions as well as any rules and regulations set forth by LLVPOA. If Renter does not agree, reservation may be cancelled subject to the terms and conditions of the booking website.
- Property. The property is described as a house with 5 bedrooms and 2 full bathrooms located at 1622 Stag Run, Pocono Lake, PA 18347 (the “Property”). The Property is owned by Owner. The Property is fully furnished by Owner and equipped for light housekeeping. The following amenities are included:
- Two Microwaves
- Full size and half size refrigerators
- Dishwasher
- Blender, Toaster, Coffee Makers, etc.
- Dishes, pots, pans, utensils, glasses, etc.
- Clothes Washer & Dryer
- Cable & WIFI
- Two gas fireplaces
- Outdoor gas grill
- Outdoor firepit
- Linens & Towels
- Beach chairs
- Pool table
- Indoor and outdoor games
A starter supply of household cleaning and hygiene products may be available in the Property for use. Guest is responsible for purchasing any additional supplies and all food and beverages.
- Rental Party. All persons in the rental party will be bound by the terms of this Agreement. Only persons registered with Owner (“Rental Party”) may stay in the Property. Online Registration is mandatory and link will be sent in a separate communication. Check in instructions will not be sent until registration is completed and reservation may be CANCELLED if registration is not completed.
- Maximum Occupancy. The maximum number of persons allowed to stay in the Property is limited to ten (10), unless the owner gives prior written consent. A charge of $150.00 per night will be assessed for each person who stays in the Property in addition to the Rental Party. Guest will be charged without notice for additional persons staying in the Property and not disclosed to the Owner and/or reservation may be immediately cancelled and guest required to leave.
- Visitors. A visitor is a guest who is not staying at the property between the hours of 11PM and 8AM. The total number of persons permitted in the Property at any given time is fourteen (14). Any visitor for any period of time must register at LLVPOA office and must receive a paid wristband in order to use the amenities in compliance with LLVPOA rules and regulations. Overnight visitors may be charged additional guest fee and reservation may be cancelled at Owner’s discretion.
- Rental Period and Check-In. The term of this lease will be from “Arrival Date” to “Departure Date”. The Property will be ready for Guest’s occupancy beginning at 4:00 P.M. on the Arrival Date and the Property must be vacated by 11:00 A.M. on the Departure Date, unless otherwise agreed by Owner, in writing. If Guest or any member of the Rental Party remains on the Property beyond the Departure Date, Guest will be responsible to pay a holdover rental fee of $800 per day for the period of time between Departure Date and the actual date Guest and all members of the Rental Party vacate the Property. A “day” will be considered the hours between 11 A.M. on the Departure Date and 11 A.M. the following day. Additional rental fee will not be waiver or prorated and entire fee may be assessed for full or partial holdover.
- Keys & Access Codes. Owner will provide Guests with a single use access code which will unlock the front door to the Property upon full and complete registration. Code will be active from Arrival Date at 4:00 P.M. through Departure Date at 11:00 A. M. Any attempt to access a locked area, i.e. the large shed on the Property, is just cause for immediate termination of this Agreement, forfeiture of all rent paid, and Guest will be liable for any missing items or damage.
- Rental Rules & Restrictions. Guest agrees to abide by the “House Rules”, listed here, addended to this Agreement (Exhibit A) and posted on the booking website, the online Guest Guide, and at the Property as well as any Rules and Regulations set forth by Locust Lake Village POA (Exhibit B). If any person in the Rental Party violates the House Rules, the Rental Party may be asked to vacate the Property and Guest will forfeit all rent paid. Guest agrees to abide by the following restrictions in addition to the rules set forth in this Agreement:
- No parties or events allowed.
- No smoking or vaping of any kind anywhere on premises.
- No illegal substances or activities.
- No food or drink in bedrooms.
- Abide by quiet hours, Sun-Fri: 10 PM – 8AM, Fri-Sat: 11 PM – 8AM
- Do not rearrange furniture.
- No candles or open flames, no fireworks.
- DO NOT TOUCH GAS LOGS.
- Trash and recycling must be deposited at compactor before leaving.
- Wash dishes before leaving (may start dishwasher upon check out)
- Obey speed limit – 25 MPH except where noted
- Security Deposit. Owner reserves the right to charge a security deposit at the time of reservation, amount as listed and clearly stated on booking website. The deposit will be refunded after Guest’s departure and an inspection of the Property by Owner, less any deductions for damage to the Property or furnishings, excessive mess requiring additional cleaning, missing linens or items, or other costs incurred outside the normal course due to Guest’s stay.
- Cancellation. Full refund for cancellations up to 30 days before check-in. If Guest cancels the reservation at least 14 days before check-in and within 48 hours of booking, the total amount of reservation will be refunded. If Guest cancels between 7 and 14 days before check-in, 50% of total amount of reservation will be refunded. Cancellation within 7 days of arrival will result in forfeiture of the Total Amount Due.
- Cleaning. A cleaning fee will be charged to the Guest per the amount listed on the booking website. Daily housekeeping services are not included in the rental rate. Throughout the rental period, Guest will be responsible for keeping the Property clean and in good condition. Any unsafe or dangerous condition must be reported to the Owner immediately. Guest acknowledges that on the Arrival Date, the Property is in good condition, except for any defect the Guest may report to the Owner by the end of the first day following the Arrival Date. The Property should be left in the same condition as it was found by Guest on the Arrival Date. Guest promises to leave the Property in good repair.
- Furnishings. The following furnishings will be provided with the Property: One king sized bed, two queen sized beds, one full over full bunk bed, one loveseat/pull out single bed, three televisions, two full sized couches, two loveseats, one rocking chair, two bedroom chairs, two beanbag chairs, one office chair, four swivel chairs, six bar stools, six kitchen chairs, one kitchen table, one convertible pool/poker table, one washer and dryer, one metal patio set with table, chairs, and cushions, one wooden glider, four wooden deck chairs, six wooden Adirondack chairs, six folding camp chairs, three dressers, ten nightstands and end tables, various lamps and chargers, Bluetooth speaker, linens and towels, kitchen utensils, dishes, small appliances, indoor and outdoor games and various beach equipment.
Furnishings are subject to change without notice. Furniture, bedding, kitchen equipment, utensils and any other personal property supplied with the Property must not be removed from the Property (except during normal use for beach equipment). Loss of any items within the Property or damage to the Property or furnishings in excess of normal wear and tear will be charged to Guest. The Property will be inspected and photographed by Owner or their employees both before Guest arrival and after Guest departure. All contents of the Property are the property of Owner. If an item should break, Guest must notify Owner immediately. Guest is not permitted to alter the wiring of any television, computer, or gaming equipment but may plug in personal electronic devices via USB or HDMI ports without disrupting current set up.
- Parking. Guests must register all vehicles and may park only in driveway of Property or LLVPOA designated common parking lots. No parking is allowed on streets.
- Mechanical Failures. Owner attempts to properly maintain the Property. While all electrical and mechanical equipment withing the Property are in good working order, Owner cannot guarantee against mechanical failure of electrical service, stopped plumbing, water supply, heating, air conditioning, audio visual equipment, internet access, cable service, or appliances. Guest agrees to report any inoperative equipment or other maintenance problem to Owner immediately. Owner will make every reasonable effort to have repairs done quickly and efficiently. Guest will allow Owner or a person permitted by Owner access to the Property for the purposes of repair and inspection. Owner is not responsible for any inconvenience that may occur and no refunds or rent reductions will be made due to failure of such items.
- Acts of God. If there is a storm or severe weather and a mandatory evacuation order is issued by state or local authorities, Guest shall be entitled to a prorated refund for each night Guest is unable to occupy the Property. Owner will not be liable or deemed in default under the Agreement for any failure to perform or delay in performing any of its obligations due to arising out of any act not within its control, including, without limitation, acts of God.
- Limitation on Liability. 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 Guest’s visitors. Guest agrees to assume the risk of any harm from using the Property. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, SHALL OWNER BE LIABLE TO GUEST OR ANY OTHER PERSON FOR ANY DAMAGES OF ANY NATURE WHATSOEVER INCLUDE 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.
- Indemnification. Guest acknowledges, that the use of the Property by the Rental Party and Guest’s visitors is entirely at their own risk. Guest will indemnify and hold harmless Owner from any and all expenses, costs, damages, suits, actions, or liabilities whatsoever arising from or related to any and all loss of or damage to personal property, including injury or death resulting from the use or occupancy of the Property or the failure of any member of Rental Party or Guest’s visitors to observe the rules and restrictions set forth in Paragraph 7 and as listed in the addendum to this agreement entitled “House Rules”.
- Violation of Agreement. If Guest or any member of the Rental Party violates any of the terms of this Agreement, including but not limited to maximum occupancy, visitors and rental rules and restrictions, Owner may evict Guest and the Rental Party from the Property and Guest will forfeit all rent and security deposit paid.
- Governing Law. This Agreement and all transactions contemplated by this Agreement will be governed by, and constructed in accordance with the laws of the State Pennsylvania (not including its conflicts of laws provisions). Any dispute arising from this Agreement shall be resolved through mediation. If the dispute cannot be resolved through mediation, then the dispute will be resolved through binding arbitration conducted in accordance with the rules of the American Arbitration Association.
- Amendments. This Agreement may be amended or modified only by a written agreement signed by both Owner and Guest.
- No Waiver. Neither Owner nor Guest shall be deemed to have waived any provision of this Agreement or the exercise of any rights held under this Agreement unless such waiver is made expressly and in writing.
- Severability. If any provision of this agreement is held to be invalid or unenforceable in whole or in part, the remaining provisions shall not be affected and shall continue to be valid and enforceable as though the invalid or unenforceable parts had not been included in this Agreement.
- Notices. Any notice or communication under the Agreement must be in writing and sent via one of the following options:
- Email to Owner at PerpetualMotionVacations@gmail.com
- Successors and Assigns. This Agreement will inure to the benefit of and be binding upon Owner, its successors and assigns, and upon Guest and its permitted successors and assigns.
- Entire Agreement. This Agreement and Exhibits A and B represent the entire understanding and agreement between the Parties with respect to the subject matter of this Agreement and supersedes all other negotiations, understandings and representations (if any) made by and between the Parties.
EXHIBIT A
“House Rules”
HOUSE RULES (will be posted at property)
- No parties or events allowed.
- No unregistered guests.
- Please, no smoking allowed, inside or outside. We offer a hypoallergenic experience and many guest are sensitive to this smell. Additional cleaning fees may be applied at owner’s discretion.
- No illegal substances or other illegal activity.
- Please do not eat or drink in the bedrooms.
- Register upon arrival at main office and follow all HOA rules, as listed in welcome packet, such as speed limits and quiet hours, as follows:
Sunday-Friday 10 PM-8 AM
Friday-Saturday 11 PM-8 AM
- Please respect check out time.
- Please take care with furnishings and belongings, including linens. You will be responsible for damages that exceed security deposit.
- Do not rearrange the furniture.
- No candles or open flames, please. We offer remote control flameless candles and two gas fireplaces as well as an outdoor firepit. DO NOT TOUCH GAS LOGS.
- Please take trash to compactor and wash dishes before leaving.
- Excessive cleaning may incur an additional fee.
EXHIBIT B
“Association Rules”
ASSOCIATION RULES (You will get a copy of these when you check in as well)
Vacation Rental Behavior Policy
(Effective 1/1/2022)
Speed Limit is 25 MPH Except where Otherwise Noted
Locust Lake Village POA is a residential community comprised of full-time residents with family and children. It is not a community of strictly vacation homes. As a renter, your conduct and behavior are expected to be compatible with what you would expect from your neighbors at home. To avoid any misunderstandings as to what is expected, Locust Lake Village POA is highlighting some of its rules.
NEIGHBORS
• When outdoors please consider your neighbors
• Please be conscious of the noise level.
• Please limit car door slamming especially late at night.
• Outdoor fires are permitted if authorized by homeowner. Residents must notify LLVPOA Security prior to starting a fire. Campfires with a flame not exceeding a height of 2’ and in a circle 3’ – 4’ in diameter are
permitted as long as Tobyhanna and Coolbaugh Township burning bans are not in effect. All fires shall always be attended to by a responsible adult. A working water hose must be available and in close proximity to the campfire. No refuse/debris or leaf burning is permitted!
• Please take all trash to the compactor area.
VEHICLES
• Please drive slowly and carefully.
• The Maximum Speed Limits are posted throughout the Village.
• The maximum speed on any road is 25 MPH.
• Outdoor parking for overnight rentals and day guests shall be limited to available parking areas on the Short-Term Rental Property. In no event shall parking for Short Term Renters and day guests include spaces in any public street, right-of-way, or any lawns or vegetated areas.
• All vehicles must have current valid registration and insurance and must have Locust Lake Village Parking Permit.
USE OF LAKE, BEACHES AND PICNIC AREA
• Please respect the property.
• Rules & Regulations established for all areas, including beach hours of operation, are posted at the beach areas and must be obeyed.
• No smoking is allowed on beaches. Specially marked areas are provided for smoking.
• Pick up your trash.
• Cooking fires are limited to the grills provided.
UNDESIRABLE BEHAVIOR
The Village has experienced a few people who either ignore what is appropriate or chose to test the bounds of normal and appropriate behavior. For this reason, it is necessary to spell out behaviors that will warrant IMMEDIATE intervention and possible law enforcement involvement.
Behaviors such as but not limited to:
• Fighting
• Belligerent behavior towards neighbors
• Public intoxication
• Excessive, disruptive or objectionable noise including noise levels in excess of what is permitted by LLVPOA Rules
• Use of illegal drugs
• Lewd behavior
• Excessive use of profanity
• Inappropriate sexual behavior
QUIET TIME
Sunday-Friday 10 PM-8 AM
Friday-Sunday 11 PM-8 AM
FINE STRUCTURE RULES FOR VIOLATIONS
Traffic Offenses: All offenses within calendar year
First Offense: $100.00 Citation and call to property owner/property manager
Second Offense: $200.00 Citation and call to owner/property manager
Third Offense: $300.00 Citation and call to owner/property manager
Fourth Offense: $500.00 Citation and call to property owner/manager for immediate removal
Non-Traffic Offenses: All offenses per rental period
First Offense: $100.00 Citation & call to property owner/property manager
Second Offense: $250.00 Citation and call to owner/property manager
Third Offense: $600.00 Citation and call to owner/property manager
Fourth Offense: $1000.00 Citation and call to property owner/manager for immediate removal
Fireworks
First Offense: $300.00 No warning
Second Offense: $600.00
Upon review, management reserves the right to impose the maximum fine for all incidents that require a police response.
Any incident involving behavior listed in the “Undesirable Behavior” section in Locust Lake Village POA’s Vacation Rental Behavior Policy MAY result in a $500.00 fine to the property owner and will be considered a violation of Locust Lake Village POA DISORDERLY CONDUCT RULE.