Rental
Agreement

This Rental Agreement (Agreement) is made between the Owner of the Property (or
Owner's authorized agent) and each individual (collectively "Lessee") executing
this Agreement below. Lessee hereby agrees to be jointly and severally liable
with respect to all obligations under this Agreement, including the payment of
rent and of any and all damages to the Property by Lessee and by Lessee's guests
and invitees. Lessee agrees hereby to be responsible for the supervision and safety
of all Lessee's guests and invitees.
Lessee shall;
| (i) |
not permit any commercial use in or about
the Property, |
| (ii) |
not permit any unsupervised use in or about
the Property, |
| (iii) |
immediately notify the Owner of any injury,
fire or other damage in or about the Property, |
| (iv) |
not sublease or assign any rights under
this Agreement, |
| (v) |
not permit smoking or pets in the Property, |
| (vi) |
not disturb any neighbours with noise or
any other type of disturbance. |
The Owner (or Owner's authorized agent) may enter the Property at any time in
the event of emergency and at all reasonable times to make repairs. The Owner
may not discriminate due to race, colour, religion, origin, sex, and presence
of minor children in the family, physical or mental disability, marital status
or age.
LIABILITY RELEASE:
Lessee, for themselves and their respective children, heirs, personal representatives,
successors and assigns, hereby release the Owner and Owner's authorized agents,
employees, successors and assigns from any and all claims arising directly or
indirectly from or in connection with use and occupancy of the Property and equipment
or vehicles, if any, including without limitation, any claim for personal injury
to or death of Lessee or LesseeÕs guests or invitees.
OWNER RESERVES THE RIGHT TO CANCEL RESERVATION FOR LATE
PAYMENT OF DEPOSIT OR BALANCE OF ACCOUNT:
If the reservation is cancelled by the Lessee in writing;
| (i) |
90 days prior to the start of the rental
period, Lessee will receive a full refund, |
| (ii) |
30 days prior to the start of the rental
period Lessee will receive a refund of 50% of the booking deposit, |
| (iii) |
less than 30 days prior to the start of
the rental period Lessee shall forfeit the rent paid (at discretion of Owner)
unless Owner can re-lease the property at market rate. |
If through fault or no fault of the Owner the Property becomes unavailable anytime
during the rental period, Lessee agrees hereby to limit all claims against the
Owner to the amount of the deposit paid.
All furnishings, fixtures, equipment, vehicles and watercraft (if any) furnished
by Owner in connection with the Property are listed in an inventory list which
shall be shown to and confirmed by the Lessee at start date of the rental. Unless
Lessee provides Owner written notice to the contrary on the start date of the
rental period, Lessee agrees that all such furnishings, fixtures, equipment, vehicles
and watercraft (if any) are in good condition as of the start date of the rental
period. Should use of any vehicle or watercraft be provided in connection with
the Property, Owner reserves the right to require Lessee to provide Owner written
evidence of satisfactory insurance covering their use of any such vehicle or watercraft
and naming Owner as an additional insured. Lessee agrees to surrender to the Owner
on the end date of the rental period the Property and all furnishings, fixtures
and equipment furnished in connection with the Property in as good condition as
received, reasonable wear and tear excepted.
If any legal action or proceedings is instituted with respect to this Agreement
the prevailing party will be entitled to recover reasonable attorney/s fees and
costs of such action, in addition to other relief to which they may be entitled.
This Agreement constitutes the entire agreement of the parties and may only be
modified by written instrument executed by the parties. This Agreement shall be
governed by and construed under the laws of the Municipality of Tokyo, Japan,
without giving effect to conflicts of laws principles. Lessee hereby submits to
personal jurisdiction in Japan and waives any and all personal rights under the
laws of any other state to object to jurisdiction in Japan for the purpose of
any action to enforce the terms and obligations hereunder. In the event an action
is commenced, Lessee agrees that service of process may be made and personal jurisdiction
may be obtained by service of process upon the Lessee. |