This charming, historic home is a great place to bring your family and/or friends to relax and enjoy the great outdoors. So many fun things to do - boating, fishing, kayaking, sailing, jet skiing, biking, walking trails, golfing, beaches, casino, amusement park. With 5 acres of land, this property offers the perfect venue for large get-togethers, including small weddings, graduation parties and family reunions.
The below Rental Agreement must be signed by Renter before Arrival Date:
2017 New York State Vacation Rental Agreement
THIS RENTAL AGREEMENT (hereinafter referred to as the "Agreement") made and entered into this day by and between _____Winsome Properties, LLC __(hereinafter referred to as "Owner") and __________________________(hereinafter referred to as "Renter").
WHEREAS, Owner is the fee owner of certain real property being, lying and situated in __Oswego __ County, New York, such real property having a street address of __540 State Route 49, Bernhard’s Bay, NY __ (hereinafter referred to as the "Premises").
1. TERM. Owner leases to Renter and Renter leases from Owner the above described Premises together with any and all appurtenances thereto, for a term defined in Airbnb, with such term beginning at 4pm on check-in date, and ending at 11am on check-out date.
2. RENT. The total rent for the term hereof is the sum defined in Airbnb, payable to Airbnb at the time of booking. Payment to Owner shall not be released from Airbnb until 24 hours after Renter’s check-in date.
a. STRICT CANCELLATION POLICY. Renter will receive 50% of Rent up until 1 week prior to arrival.
b. DAMAGE SECURITY DEPOSIT. No charges or authorizations will be made unless Owner makes a claim with Airbnb within 14 days after checkout. Renter will be responsible for any damages up to $500.
3. RENTER. The Renter represents, warrants and covenants that Renter is an adult over the age of 25 and will be the occupant of the Owners’ property during the entire Term of this Agreement. Other occupants will be Renter’s immediate family members and guests all as approved by Owner. Owner hereby acknowledges, approves and consents to the number of adults and children set forth in the Airbnb booking, and Renter conditions any approval of such family members and guests upon the Premises to acceptance by those individuals of the terms and conditions of this Agreement. Renter agrees not to exceed the sleeping capacity of 14 within the house on the Premises. However, Renter may erect tents on the exterior grounds of the Premises for additional sleeping accommodations, including without limitation, traditional camping tents. Party tents may be erected on the Premises by the Renter so long as they are used for their intended purpose for a Special Event or if they are previously approved by the Owner. Renter represents, warrants and covenants that any tent as described herein and erected on the grounds of the Premises will conform to all state and local building and fire codes.
4. ASSIGNMENT, SUBLET AND LICENSE. The Renter shall not assign this Agreement, or sublet or grant any license to use the Premises without the prior written consent of the Owners. Consent by the Owners to one such assignment, subletting or license shall not be deemed to be a consent to any subsequent assignment, subletting or license. An assignment, subletting or license without the prior written consent of the Owners or an assignment or subletting by operation of law, shall be absolutely null and void and shall, at the Owners’ option, immediately terminate this Agreement.
5. USE OF PREMISES. The Premises includes 5 acres of land and 500’ of shoreline and a pier. The Premises shall be used and occupied by Renter and Renter's immediate family and guests, exclusively, as a private family dwelling. Renter shall comply with any and all laws, ordinances, rules and orders of any and all governmental authorities affecting the cleanliness, use, occupancy and preservation of the Premises, including but not limited to alcohol, firearms and fireworks as may be in effect. Any violation by Renter will be subject to damage claims and possible eviction by the Owner. The Owner is not responsible for any injury occurred by the Renter, or Renter’s family and guests.
6. HAZARDOUS MATERIALS. Renter shall not bring or keep on the Premises any item of a dangerous, flammable or explosive character that might unreasonably increase the danger of fire or explosion on the Premises or that might be considered hazardous or extra hazardous by any responsible insurance company.
7. MAINTENANCE AND REPAIR; RULES. The Owners will make all attempts to ensure that the Premises and its contents are in good working order prior to Renter’s arrival. If there is damage or a repair needs to be made, the Renter shall promptly contact the Owners in no less than 24 hours. The Owners will make best attempt to resolve all general maintenance issues in an expedient manner. The Owners do not assume any financial responsibility for reimbursement to the Renter due to any damage or need of repair. The Owners will not be financially responsible for repairs performed without prior notification and their prior approval. Without limiting the generality of the foregoing, Renter shall:
a. Not obstruct the driveways, sidewalks, courts, entry ways, stairs and/or halls, which shall be used for the purposes of ingress and egress only;
b. Keep all windows, glass, window coverings, doors, locks and hardware in good, clean order and repair;
c. Not obstruct or cover the windows or doors;
d. Not leave windows or doors in an open position during any inclement weather;
e. Not cause or permit any locks or hooks to be placed upon any door or window without the prior written consent of Owner;
f. Keep all lavatories, sinks, toilets, and all other water and plumbing apparatus in good order and repair and shall use same only for the purposes for which they were constructed. Renter shall not allow any sweepings, rubbish, sand, rags, ashes or other substances to be thrown or deposited therein. Any damage to any such apparatus and the cost of clearing stopped plumbing resulting from misuse shall be borne by Renter;
g. And Renter's family and guests shall at all times maintain order in the Premises and at all places on the Premises, and shall not make or permit any loud or improper noises, or otherwise disturb other residents;
h. Keep all radios, television sets, stereos, phonographs, etc., turned down to a level of sound that does not annoy or interfere with other residents;
i. Deposit all trash, garbage, rubbish or refuse in the locations provided therefor and shall not allow any trash, garbage, rubbish or refuse to be deposited or permitted to stand on the exterior of any building or within the common elements;
j. Outdoor grilling and the use of the fire pit are permitted on Premises provided that they are placed a minimum of 6’ from any structural buildings on Premises.
k. Swimming in Oneida Lake shall be at the risk of the Renter and their family/guests. Oneida Lake at any time can produce an undertow and high waves. There are no lifeguards associated with this rental. There are public beach areas nearby, supervised by lifeguards. The Owners assume no responsibilities for damage or injuries resulting from Renters and guests of Renter use of Lake Ontario.
l. Use of jet skis and other motorized watercrafts shall be at the risk of the Renter and their family/guests. There are public and State launch areas nearby. The Renter shall be responsible for supervision of any motorized watercraft used by the Renter and family/guests. The Owners assume no responsibilities for damage or injuries resulting from Renter’s motorized watercrafts.
m. Drinking of the tap water is not recommended. The Renter should bring their own source of water for drinking and cooking as needed. The Owners shall assume no responsibilities of any nature due to Renter’s and guests’ consumption of tap water.
n. The Premises is a non-smoking residence. No smoking will be allowed at any time in or on the Premises by Renter or any of his/her family/guests. Any evidence of smoking will result in an additional fee of $250 to be paid by the Renter within 14 days of check out date. In addition, Renter shall be responsible for any required cleaning, damages or charges occurred by the Owner related to the Renter or any of his/her family/guests choose to smoke in or on the Premises.
o. The use of Candles inside the Premises home by Renter or any of his/her family/guests is strictly forbidden. Any evidence that use of Candles inside the Premises has occurred by Renter or any of his/her family/guests may result in an additional fee of $250 to be paid by the Renter within 14 days of check out date.
8. INSPECTION OF PREMISES. Owner and Owner's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Premises for the purpose of inspecting the Premises and all buildings and improvements thereon. And for the purposes of making any repairs, additions or alterations as may be deemed appropriate by Owner for the preservation of the Premises or the building.
9. INDEMNIFICATION. Owner shall not be liable for any damage or injury of or to the Renter, Renter's family, guests, invitees, agents or employees or to any person entering the Premises or the building of which the Premises are a part or to goods or equipment, or in the structure or equipment of the structure of which the Premises are a part, and Renter hereby agrees to indemnify, defend and hold Owner harmless from any and all claims or assertions of every kind and nature.
10. EVENTS LIABILITY. If the number of individuals that enter the Premises exceeds the number of approved family members or guests set forth in the Rental Reservation Confirmation and referred to in Section 3 hereof, then such excess occupancy shall be deemed an unapproved “Special Event” and an event of default under this Agreement. In addition to all of the rights and remedies under this Agreement and the Law that are available to Owner, Renter shall indemnify, defend and hold Owner harmless from any and all liability that may arise due to the event of default set forth in this Section 11. If prior to commencement of the Term, the Owner approves of a Special Event on the Premises, then as a condition to Owner’s approval, (i) Renter shall procure a Homeowner’s Insurance Policy or a Special Events Policy that contains a minimum of $ in liability coverage; (ii) deliver to Owner prior to commencement of the Term a certificate of insurance as proof of the acceptable coverage; and (iii) name Owner as an additional insured and loss payee. The determination of a “Special Event” shall be made in the sole and absolute discretion of the Owner.
11. PETS. Pets are not allowed on the Premises.
12. UTILITIES. Rent includes reasonable usage of all utilities. Unreasonable or excessive use of utilities will result in an additional charge. Excessive charges are determined only when utility charges far exceed the Owner’s average billing.
13. ATTORNEYS' FEES. Should it become necessary for Owner to employ an attorney to enforce any of the conditions or covenants hereof, including the collection of rentals or gaining possession of the Premises, Renter agrees to pay all expenses so incurred, including a reasonable attorneys' fee.
14. GOVERNING LAW. This Agreement shall be governed, construed and interpreted by, through and under the Laws of the State of New York.
15. BINDING EFFECT. The covenants, obligations and conditions herein contained shall be binding on and inure to the benefit of the heirs, legal representatives, and assigns of the parties hereto.
16. MODIFICATION. The parties hereby agree that this document contains the entire agreement between the parties and this Agreement shall not be modified, changed, altered or amended in any way except through a written amendment signed by all of the parties hereto.
17. VIOLATIONS. Any violation of the terms and conditions of this Agreement by Renter may result in eviction and additional fees as identified in this Agreement and entire Rental Amount.
18. NOTICE. Any notice required or permitted under this Lease or under state law shall be deemed sufficiently given or served if sent by United States certified mail, return receipt requested, addressed as follows:
If to Renter to:
Owner and Renter shall each have the right from time to time to change the place notice is to be given under this paragraph by written notice thereof to the other party.
30. ADDITIONAL PROVISIONS; DISCLOSURES.
Renter hereby acknowledges he/she have reviewed and understand the terms and conditions of this Agreement and agree to be bound thereby. If more than one Renter, Renter acknowledges that the following person is the one who the Owners shall deal with for all matters arising hereunder:
Sign: __________________ Print: _____Sherry Widrick_________________ Date: ____________
Sign: _______________________________________ Print: ________________________________________ Date: ______________
Cancela hasta 7 días antes de tu viaje y obtén un reembolso del 50 %. Cancela en los 7 días previos a tu viaje y no se te reembolsará la reservación.
My husband and I live on Oneida Lake also. After long days at work, we love to boat, jet ski, and watch the amazing sunsets. We bought this beautiful historic home so others could getaway to enjoy the lake as much as we do.