Renter License Agreement

Updated: January 1, 2021

As part of the reservation process, a digital signature on the License Agreement is required to complete a booking. This generic agreement is here for your reference. Please read this agreement prior to booking your stay.

THIS LICENSE AGREEMENT (License) is made and effective ("Agreement Date"), by and between Susan Liimatta Designs, LLC, a Michigan limited liability company, Marquette, Michigan, 49855 (referred to as LICENSOR), and the person(s) identified on the signature page to this License as the Licensee (referred to as LICENSEE).

1. Licensed Premises: Licensor grants a license to Licensee, and Licensee accepts a license for the following described premises situated in the County of Marquette, and State of Michigan: The “Blue Harbor View”, Marquette, Michigan 49855 (the Licensed Premises).

2. Term: This License shall commence at 4:00 p.m. on the first date reserved by Licensee and terminate at 11:00 a.m. on the last date reserved by Licensee but also applies to any other dates which may be included if the reservation is changed.

3. Payment:

a. Rental Fee: All payments will be made through the Owner Rez website. No agreement is made unless payment in full is received by Licensor. Payments and security deposits for the booking will be displayed on the Licensor's credit card statement.

b. Damage Deposit: At the time of making the reservation a $300 damage deposit hold will be placed on Licensee’s credit card. This hold will be released to Licensee in full within (5) business days after the end of license term so long as the Licensed Premises have not been damaged and do not require excessive cleaning. If there are no successful credit card payments, it is the responsibility of the Licensee to send $300.00 by check to the Licensor to satisfy the Damage Deposit requirement. If damage to the Licensed Premises exceeds $300, Licensor’s acceptance of the deposit will not be interpreted as full damages for any breach of this Agreement.

c. Cancellation Policy and Refunds: 100% of the rental deposit and final payment shall be refunded if Licensee cancels the reservation 14 days or more before the beginning of the term (first day of check-in). A 50% refund will be given for cancellations 7 days or more before the beginning of the term (first day of check-in). No refunds shall be given for cancellations made less than 7 days before the beginning of the term (first day of check-in). Regardless of the timing, Licensor is will not refund any cancellations made due to sickness, death, government regulations. Note: cancellation policy is subject to change.

4. License: Licensee is to occupy the Licensed Premises for vacation/residential purposes only and for no other purpose whatsoever without the written consent of Licensor. The relationship between Licensor and Licensee is that of licensor and licensee, not landlord and tenant. This license agreement is not to be construed as a lease agreement in any way. Licensor expressly acknowledges that Licensor is not a tenant or lessee under Michigan law and does not possess the rights given to a tenant or lessee under Michigan law. Licensee has no real property rights in the Licensed Premises, but merely a license to occupy the Licensed Property as characterized in this License Agreement. During the term of this License, the license to Licensee is exclusive, meaning Licensor shall not grant a license of occupancy to any other person.

5. Occupancy: The first and last name of each occupant other than Licensee must be provided to Licensor before License term commences. Minimum age 25 years and older. Maximum overnight occupancy of five (5) people. Licensee is responsible for the conduct of all occupants and guests and shall ensure that they comply with the requirements of this License Agreement. Licensees must inform the Licensor of their intention to bring children and the specific number. A child is defined as any person under the age of 18. Based on the information you have provided the maximum number of adults in this party will not exceed five (5) and the total number of children will not exceed three (3).

6. Use of Licensed Premises: Licensee is to occupy the Licensed Premises as a transient occupant of the Licensed Premises and does not intend to make the Licensed Premises a residence or household. Licensee shall use and occupy the Licensed Premises in a clean and wholesome manner and in compliance with all applicable governmental requirements, including all public health and police regulations, relating to such occupancy to the full extent permitted by law. Licensee shall not use or operate any equipment or machinery that is harmful to the Licensed Premises or which is disturbing to Licensee’s neighbors.

7. Acceptance of Premises: Except as Licensor and Licensee may otherwise agree in writing, the taking of possession by Licensee shall be conclusive evidence that, at such time, the Licensed Premises were in satisfactory or acceptable condition, and that Licensor up to such time had performed all of its obligations hereunder except those placed in writing and signed by the parties at the time. Licensor has made no representations as to the condition of the Licensed Premises except as herein provided.

8. Condition of Licensed Premises: Licensee agrees that no representation as to condition or repair of the Licensed Premises has been made except as contained in this License. Licensee shall keep the Licensed Premises, including all personal property, furniture and fixtures, during the term of this License, in good repair and shall allow no waste of the Licensed Premises, and at the expiration thereof, yield and deliver up the same in “like condition” as when taken, excepting normal wear and tear. The term “like condition” includes all dishes washed, furniture placed in original location, and all used towels placed on hooks. If the Licensed Premises is left in a condition other than as provided for herein, Licensee shall be responsible for any costs associated with additional cleaning services. Licensee shall pay, on demand of Licensor, to replace and repair any and all damage to the Licensed Premises caused by Licensee’s negligence or that of Licensee’s guests.

9. Access: Licensee shall allow Licensor and Licensor’s agents reasonable access to Licensed Premises to inspect, repair, or improve Licensed Premises. Licensor reserves the right to enter the Licensed Premises at any time to access the mechanical systems, ensure compliance with this Agreement, perform maintenance on the Licensed Premises, or abate any safety concerns. Licensee shall also allow insurance carriers and representatives, fire department inspectors, police or local health authorities to inspect Licensed Premises to the extent permitted by law. In the event Licensor needs to enter the home, as much advance notice will be given to Licensee as possible.

10. Parking: The Licensed Premises has a carport for one (1) parking spot and three (3) additional spaces in the driveway. No on-street parking is allowed.

11. Hazard Insurance: Licensor shall only carry fire and extended coverage insurance for replacement cost of the building. Licensor and its agents are not responsible for theft of personal property of Licensee, Licensee’s guests or invitees; or for damage, loss or destruction of personal property of Licensee, Licensee’s guests or invitees, from any cause, including acts or omissions of third parties, unless caused by Licensor’s failure to perform or negligent performance of a duty imposed by law. LICENSEE IS SPECIFICALLY ENCOURAGED TO INSURE LICENSEE’S PERSONAL PROPERTY. Each party releases the other party from other liability for loss, damage or injury caused by fire or other casualty for which insurance is carried by the insured party to the extent of any recovery by the insured party under such insurance policy.

12. Indemnity Agreement: Licensee shall indemnify, defend and hold harmless Licensor, and its officers, directors, employees and agents, from and against any and all liability, loss, cost or expense (including actual attorney’s fees) by reason of liability imposed, alleged or claimed against Licensor, arising out of or related to Licensee’s use of the Licensed Premises, whether caused by or contributed to by Licensor, unless caused by the sole negligence of Licensor.

13. Licensor’s Right to Terminate: If Licensee creates any disturbance having a negative effect upon neighboring properties or materially breach this License, then Licensor may immediately terminate this Licensee from the Licensed Premises. In the event Licensor is unable to make Licensed Premises available for any reason other than described above or a reasonable substitute as determined by Licensor, Licensee agrees that it is the Licensor's sole discretion as a result of this unavailability is to provide a full refund of all monies paid under this Agreement and Licensee expressly acknowledges that in no event shall Licensor be held liable for any special or consequential damages which result from this unavailability.

14. Assignment: Licensee shall not transfer or assign, or in any way encumber this License, nor any part, right or interest thereof, nor shall Licensee permit any part of the Licensed Premises to be used or occupied by others for any reason whatsoever, unless Licensor shall consent thereto in writing in each and every case and instance.

15. Surrender of Premises: Upon the expiration or the termination of the term of this License, Licensee shall quit and surrender the Licensed Premises to Licensor in as good order and condition as when received, ordinary wear and damage by the elements excepted; and Licensee shall remove all of its property and shall repair any damage to the Licensed Premises caused by such removal. Any personal property of Licensee or of anyone claiming under Licensee which shall remain on the Licensed Premises after the expiration or termination of the License term shall be deemed to have been abandoned by Licensee, and either may be removed by Licensor as its property or may be disposed of in such manner as Licensor may so choose.

16. No Waiver: The failure of either party to enforce any covenant or condition of this License shall not be deemed a waiver thereof or of the right of either party to enforce each and every covenant and condition of this License. No provision of this License shall be deemed to have been waived unless such waiver be in writing.

17. Entire Agreement: This License contains the entire agreement between the parties and shall not be modified in any manner except by an instrument in writing executed by the parties. If any term or provision of this License or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this License, or the application of such term to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each term and provision of this License shall be valid and be enforced to the fullest extent permitted by law.

18. Legal Expense/Attorney’s Fees: If Licensor retains an attorney or files an action to enforce this License, Licensee agrees to pay any and all of Licensor’s costs, including actual attorney’s fees.

19. Miscellaneous:

a. Smoking. Smoking is strictly prohibited inside the Licensed Premises. Evidence of smoking of any kind within the Licensed Premises shall cause Licensee to incur an extra fee of $250 and result in immediate termination of the License.

b. No Parties. No parties or events shall be held at the Licensed Premises. No more than eight (8) unrelated individuals shall occupy the Licensed Premises at any time.

c. No Pets. No pets of any kind are allowed on the Licensed Premises.

d. Minors. Licensee agrees to have an adult supervising all guests who are under the age of eighteen years while on the Licensed Premises.

e. Noise. Licensee shall respect the rights and peaceful enjoyment of surrounding property owners. Quiet hours are 11:00 PM to 7:00 AM and Licensee shall keep outdoor noise to a minimum during this time. Licensee shall not create noise or disturbances reasonably likely to disturb or annoy the surrounding property owners. Creating such a disturbance shall be grounds for immediate termination of this License without any refund of payment. Upon such termination, Licensee shall immediately vacate the Licensed Premises.

f. Garbage Removal. Licensee is responsible for removing all garbage, trash, refuse, and personal property from the Licensed Premises prior to the termination of this License. Licensee shall put trash in bins located in the carport. At no time shall trash be placed anywhere outside of the Licensed Premises other than the designated bin.

g. Licensor on Premises. Licensee can expect Licensor or a designee to enter the grounds of the Licensed Premises for a brief period each day to water garden/plants, remove snow, and remove trash.

h. Sporting Equipment. Sporting equipment, such as snowboards, skis, ski boots, ski poles, snowshoes, and similar equipment may not be stored in the house. are prohibited from the Licensed Premises and must be stored in Licensee’s vehicle. Summer sporting equipment, such as bikes, scooters, kayaks, paddle boards, and similar equipment may not be stored in the house. Any damage to the Licensed Premises from such equipment shall be the responsibility of Licensee.

i. Consumables. Licensor will provide towels, linens, cups, knives, forks, spoons, dishes, cookware, and a limited supply of toilet paper, soap, dish detergent, laundry detergent and shampoo. Other consumables are to be purchased by Licensee.

j. Lost and Found Items. Licensee is responsible for all shipping costs for any Lost and Found items that Licensor is requested to return to Licensor. Items found and not claimed within 30 days will be disposed of at the discretion of the Licensor.

k. Fireworks. Fireworks and other hazardous materials shall not be used in or around the Licensed Premises.

l. Locked Doors. All doors of Licensed Premises must be locked at night.

m. Governing Law and Venue. Licensor and Licensee agree that any dispute between them regarding the Licensed Premises and this License shall be governed by the laws of the State of Michigan. The parties agree that this License is entered into in Marquette County, Michigan. Any lawsuit regarding this License or any dispute related to the Licensed Premises shall be brought in an appropriate state or federal court in Marquette County, Michigan.

In entering into this License, Licensee represents they have read and understood the description of the Licensed Premises on Licensor’s website, have had the opportunity to ask questions of the Licensor, and are satisfied that the Licensed Premises will meet their needs. Licensor is not responsible for any misunderstanding due to translation of this License Agreement into another language.