Geronimo Creek Retreat

1. PARTIES:

The parties to this Rental Agreement are the Landlord / Manager: Horizon Vacation Management Group LLC and the Renter.

2. PROPERTY:

Landlord rents to the single family Rental Unit/s.

3. TERM:

Check-in time: 3:30pm CST cabins/ 12:00pm RVs (no early check-in please).

Check-out time: 11:00 am CST (no late check-out please).

*$95 late check-out fee will be applied to any unit/RV Site that does not check out at 11am of reservation departure date

4. MAXIMUM OCCUPANCY:

Unless stated in writing and attached to this Rental Agreement, the Maximum Occupancy shall be as outlined on the website.

5. RENTAL AMOUNT:

Renters agrees to pay Landlord the Rent Amount which includes cleaning fees and taxes for the right to occupy and use the Rental Unit according to the terms and conditions set forth in this Agreement.

6. RESERVATION DEPOSIT:

Renter shall pay landlord a predetermined amount in order for Landlord to hold the dates set forth in the Term. The remaining balance is due 7 business days before Check-in date.

7. CANCELLATION POLICIES:

2 or less units Rented: Canceling your reservation outside of thirty (30) days will result in a 95% refund or credit issued. Reservations canceled thirty to fifteen (30-15) days before your arrival date will receive credit only for the amount that has been paid and will incur a $75 rescheduling fee. Reservations canceled fourteen (14) days or less before arrival date will forfeit the full amount paid. Early departures do not warrant any refund of rent or deposit. Son’s Travel properties are rain or shine. If cancellations are made by the Landlord for weather or maintenance issues, the Guest is able to receive a full credit for the amount they have paid for their reservation. Cancellation Policy-3 or more Units Rented: Canceling 6 to 12 months before arrival date you will receive a 95% refund or credit. Canceling less than 6 months before arrival date no refund or credit will be issued. Reservations can be rescheduled outside of 30 days before arrival date with a $75 fee per unit. Son’s Travel properties are rain or shine. If cancellations are made by the Landlord for weather or maintenance issues, the Guest is able to receive a full credit for the amount they have paid for their reservation.

An inherent risk of exposure to COVID-19 exists in any public place where people are present. COVID-19 is an extremely contagious disease that can lead to severe illness and death. According to the Centers for Disease Control and Prevention, or CDC, senior citizens and guests with underlying medical conditions are especially vulnerable. By visiting any Son’s Travel property, you voluntarily assume all risks related to exposure to COVID-19.

8. DAMAGE DEPOSIT AUTHORIZATION / RENTAL INSURANCE:

A Damage Deposit Authorization equal to 70% of the total bill is required before arrival unless Renter agrees to Rental Insurance coverage provided by Landlord (Please see details on site concerning rental insurance coverage amounts, deductibles and costs. Please make payments in the form of a credit card through our site for the Damage Deposit or Rental Insurance. The Reservation Deposit payment is not the Damage Deposit. The Damage Deposit Authorization is not charged, but kept on file during the duration of your stay and only charged if damage occurs during the Renter’s stay or Term. We will not charge if:

A. Non registered pet/service animal: Charge is $95 per pet & the pet must be removed from property immediately

B. Broken/missing dishes: Charge up to $100

C. Dirty dishes: Charge is $75

D. Unit/RV site left with trash: Charge is $75

E. Unit is left with all the doors and windows closed and locked. Glamping Cabin Lock Replacement: $20

F. Pillow replacement: Charge is $45

G. Linen replacement: Charge up to $150

H. Towel replacement: Charge is $25 each

I. There is NO SMOKING in the Unit. If we find any evidence of smoking inside the unit, the Responsible Party will be fined: Charge is $200 minimum.

J. Griddle/hot plate replacement: Charge is $80

K. HDMI replacement: $20

L. 40 inch TV replacement: Charge is $250

M. DVD player replacement: Charge is $60

N. Broken furniture: Up to $900

O. Appliance replacement: Charge is up to $900

P. Pots & pans replacement: Charge up to $100

Q. Getaway cabins bathroom key replacement $50

R. The Renter is not evicted by the Management (or representative of the Owner), including but not limited to local law enforcement. All charges accrued during the stay are paid prior to departure.

*If a guest is charged with any additional fees for terms outlined in the Rental Agreement, notification will be sent out via email with an updated payment invoice. No early check-ins or late check-outs (unless approved by management).

*If approved the fee is $95 and the check-in/check-out time would be 1pm.

9. USE AND OCCUPANCY:

Renter may use the Property as a private residence only and may not hold any event on the property such as but not limited to: weddings, parties, reunions unless agreed to beforehand in writing and attached to this Agreement. The only persons Renter may permit on the property during the term of this lease are persons staying overnight with the Renter and included in the Maximum Occupancy number. If there is any evidence occupancy is over the limits of what is stated in the contract or if Renter is using the property for other purposes or allowing other guests onsite, then Renter will be subject to eviction and may be charged damages.

10. ELIGIBILITY OF RENTER:

Landlord will not rent to vacationing students or singles under 25 years of age unless accompanied by an adult guardian or parent. If the accompanying guardian is not present we will evict without refund. Families are encouraged to stay.

11. MINIMUM STAY:

Fall, Winter, Spring: 2 night minimum stay on weekends, no minimum during the week.

Summer: 3 night minimum stay on weekends, no minimum during the week.

Holidays: 3 to 4 night minimum stay depending on the holiday.

12. INCLUSIVE FEES:

Rental amount includes a one-time linen-towel and bed setup.

13. NO DAILY MAID SERVICE:

While linens and bath towels are included in the Unit, daily maid service is not included in the Rental Amount, however it is available at an additional rate and request. We suggest you bring beach towels as we do not permit towels or linens to be taken from the home under any circumstances.

14. ACCESS BY LANDLORD:

Before accessing the Unit, Landlord or anyone authorized by Landlord will first attempt to contact Renter but may enter the Unit at reasonable times without notice to make repairs or clean. Additionally, Landlord or anyone authorized by Landlord may peacefully enter the Unit at reasonable times without first attempting contact to 1) survey or review the Units condition and take photographs to document the condition; (2) make emergency repairs. If Landlord or Landlords agents have made prior arrangements with Renter to access the Unit and are denied or not able to access the Unit because of Renter’s failure to make the Unit accessible, Landlord may charge Renter a trip charge of $75 (seventy-five dollars).

15. PARKING RULES:

Renter may not permit more than 2 vehicles including but not limited to automobiles, trucks, trailers motorcycles, jet skis and boats unless authorized in writing by Landlord. Renter may not park or permit any person to park any vehicles on grass.

16. PETS:

Pets are only allowed at The River Road Treehouses, Skyview Cabins, The Salado Inn, Summit RV park, Rocky Top River Ranch & Black Bear Retreat. *If pets are found on property there is a fine of $95 per pet and the pet(s) will have to be removed from the property.

17. LIABILITY:

Landlord is not responsible to Renter, or Occupants for any damages, injuries, or losses to person or property caused by but not limited to: fire, flood, water, ice, snow, hail, winds, explosion, smoke, interruption of utilities, theft, burglary, robbery, assault, vandalism, other persons, condition of the Property, or other occurrences or casualty losses. Renter will promptly reimburse Landlord for any loss, property damage, or cost of repairs or service to the Property or property belonging to the Landlord caused by Renter, Renter’s Occupants, and unauthorized occupants or pets, whether damage is intentional or unavoidable.

18. CASUALTY LOSS OR CONDEMNATION:

Section 92.054, Property Code governs the rights and obligations of the parties regarding a casualty loss to the Property. Any proceeds, payments for damages, settlements, awards, or other sums paid because of a casualty loss to the Property will be the Landlord’s sole property. For this lease, any condemnation of all or a part of the Property or Unit is a casualty loss.

19. ATTORNEY’S FEES:

Any person who is the prevailing party in any legal proceeding brought under or related to the transaction described in the Rental Agreement is entitled to recover prejudgment interest, attorney’s fees, cost of service, and all other cost of the legal proceeding from the non-prevailing party.

20. QUIET HOURS:

Quiet Hours are 11pm – 7am

Noise must be controlled with no loud music, loud talking, or excessive noise after 11:00 p.m. If the tenant violates the quiet hours and a subsequent refund must be provided to other guest(s), the tenant will be charged the TOTAL amount of refund. Violators may be asked to leave the property and will not receive a refund of any type.

21. OTHER RULES:

A. Fireworks and open flames are prohibited. Outdoor grilling and marshmallow roasting is allowed only in designated pits.

B. Please be respectful of the neighboring cabins/Units and guests as well as neighbors and their property. No trespassing on neighboring properties, it is strictly forbidden. C. Air conditioning should not be set lower than 70 degrees to avoid freezing the units.

D. Our septic system is sensitive! Do not put paper towels, hygiene items, diapers, grease chemicals, or other harsh items in the toilets or drains due to septic systems and Comal County requirements.

E. There is NO SMOKING in the Unit. If we find any evidence of smoking inside the home, the Responsible Party will be fined $200 (two hundred dollars) minimum.

F. $95 Trip fee will be issued to guest(s)/group responsible for not obeying property rules stated in contract.

22. WARNINGS CONCERNING NATURAL BODIES OF WATER:

A. A natural body of water with untreated water which may make it difficult to judge depth or see submerged objects. Underwater hazards may exist including submerged trees and wildlife, as with any natural body of water, you should use common sense and caution while entering and enjoying the water. Diving and jumping in are discouraged. Being a natural body of water, the (Property.Custom14) does not have many of the safety features found at man-made pools including but not limited to: there is no fence or barrier restricting persons from entering the water, no depth signs, nor any lifeguards on duty. Swimming is at your own risk.

B. Some areas are subject to occasional wet-weather flooding during heavy rains. It is the Renters Responsibility to monitor weather forecasts and flood watches and to evacuate the Property if there are impending flood warnings in the area.

23. RENTERS SAFETY RESPONSIBILITIES:

Renter is deemed the Responsible Party and agrees that:

A. The Responsible Party is responsible for the safety and well-being of all persons in his/her party and will not leave children unsupervised in or near the water and will promptly notify Management of any safety hazards or concerns.

B. The Responsible Party is responsible for keeping a close watch on all swimmers or persons who may enter or accidentally enter the water. Should the Responsible party be absent from the Property for any length of time, it is his/her duty to designate another person within his party for this responsibility. Children will never be left unsupervised while on the Property.

C. The Responsible Party will make sure all weak swimmers (especially children under the age of 12) will wear a PFD while on or near the water. Never leave a child unattended on or near the water. PFD’s do not save lives, parental supervision does.

D. The Responsible Party will make sure all members in his/her party obey all warning sign on the Property and will wear a life jacket at all times on any type of watercraft including but not limited to: kayaks, paddle boards, peddle boats and hydro bikes and agrees to pay in full any fine received by the State or any government controlling body for not doing so.

24. SNAKES:

The property is located in a natural environment. Though extremely rare on the premises, snakes may be present. To limit your and your Occupant’s exposure please inform all Occupants to stay on pathways and roads, use a flashlight when walking at night, avoid weedy and bushy areas while walking and on/in the water.

25. RATE CHANGES:

Rates subject to change without notice, but will not change from the rates stated in your original quote.

26. FALSIFIED RESERVATIONS:

Any reservation obtained under false pretense will be subject to forfeiture of Rental Amount, Reservation Deposit, and Damage Deposit and the party will not be permitted to check-in.

27. WRITTEN EXCEPTIONS:

Any exceptions to the agreements contained in the Rental Agreement must be approved in writing in advance.

28. LANDLORDS RIGHT OF TERMINATION OR REFUSAL OF SERVICE:

The Landlord reserves the right to refuse or immediately terminate service to anyone and shall not be liable for neither refund nor compensation.

29. AGREEMENT OF PARTIES:

A. Failure of Renter to follow the Rules as set forth in this rental agreement is grounds for termination of this Agreement without refund or compensation to the Renter. Further, the Renter agrees that any Deposit will be withheld to the extent necessary to offset damages to the Property. In the event the Damage Deposit is not enough to cover a loss, Renter will promptly compensate Landlord for any additional costs. Such actions shall not preclude other remedies at law.

B. Entire Agreement: This Rental Agreement, contains the entire understanding of the parties with respect to the subject matter hereof and supersede all prior agreements and understandings, oral or written, with respect to such matters.

C. Assignment: It is agreed that only in the event of transfer of ownership of the Property does the Owner have the right to assignment of this Agreement without the written consent of the Renter. The Renter does not have the right to assign or transfer any duties, rights or obligations due hereunder without the express written consent of the Owner.

D. Binding Effect: This Agreement shall be binding upon and ensure to the benefit of the respective Parties, their heirs, executors, administrators, successors and assigns.

E. Arbitration: Any dispute or difference arising out of or in connection with this Agreement shall be determined by the appointment of a single arbitrator to be agreed between the parties.

F. Severable Clauses: If a court or arbitrator declares that any term or provision hereof is invalid, void or unenforceable, the parties agree to reduce the scope, duration, area or applicability of the term or provision, to delete specific words or phrases, or to replace any invalid, void or unenforceable term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the original intention of the invalid or unenforceable term or provision.

G. Controlling Law: The laws of the State of Texas govern the interpretation, validity, performance, and enforcement of this Rental Agreement.

By signing below, I acknowledge that I have read, understand and agree to the terms set forth in this Agreement and hereby bind this Agreement into contract and further acknowledge that I am responsible for the actions and safety of myself as well as all persons in my party and any person at the property caused by myself. In addition, I will inform all persons in my party and guests of the rules regarding the care and use of this Property set forth in this Agreement.

WAIVER AND RELEASE OF LIABILITY

By the execution of this Release, I, the undersigned, agree that I and my party will indemnify and hold harmless the Landlord and Manager of the Property: Horizon Vacation Management Group, LLC as well as the Owner of the property and that they shall not be liable for any damages arising from personal injuries sustained by the undersigned or any minor children under the undersigned’s custody, care, and control, as a result of any and all activities related to the rental, operation, or use of equipment and Property provided by Horizon Vacation Management Group, I assume full responsibility for any such injuries or damages which may occur, and further agree that Horizon Vacation Management Group, LLC and Owner of the Property shall not be liable for any loss or theft of personal property. I, the undersigned, specifically agree that Horizon Vacation Management Group and Owner of the Property shall not be responsible for such injuries, damages, loss or theft, EVEN IN THE EVENT OF NEGLIGENCE OR FAULT BY Horizon Vacation Management Group whether such negligence is present at the signing of this Waiver and Release or takes place in the future. This Waiver and Release does not apply to gross negligence or intentional torts by Horizon Vacation Management Group. I, have read, understand, and accept the above terms and conditions and by my own free will sign and execute this Release.