We extend a warm welcome to the Moonstone Retreat. Please read these terms and conditions in entirety so that your expectations are clear. Thank you! 

This Short-Term Rental Agreement for the Moonstone Retreat (this “Agreement”) is entered into between Moonstone Retreat LLC, a California corporation doing business as “Moonstone Retreat” (“Moonstone”), and you, the guest(s) (collectively, the “Guest”). 

1.   Property. The “Property” is located at: 9753A Incline rd., El Portal, CA 95318

2.   Term. This Agreement is entered into when Guest places its reservation online and the reservation is accepted by Moonstone. Moonstone will notify Guest by email when its reservation is accepted. Moonstone expressly reserves the right to refuse service to anyone. 

3.   Payment. A reservation is secure upon receipt of full payment, including the total rental fee, listing service fees, county taxes and Security Deposit. Alternate payment schedules may be arranged upon request.

4.   Security Deposit. In addition to the Rental Fee, a Security Deposit is collected upon booking with a listing site or upon signing of this agreement. Please visit the listing sites (Airbnb and VRBO) for Security Deposit options. The Guest may not use the Security Deposit as payment for the Rent. 

5.   Cancellations & Refunds. Cancellation policies are detailed on listing sites (Airbnb and VRBO). Full refund is available 14 days prior to check-in date; 50% refund is available 7 days prior to check-in date; no refund is available if cancellation occurs within 7 days of check-in date

6.  Check-In; Check-Out Time; Procedures. Guest may check-in after 4:00pm PST on the first day of their reservation. Guest must check-out of the Property before 11:00am PST on the last day their reservation. A late check-out is subject to Moonstone’s approval. Without prior approval, additional rental charges of $100.00 per hour. Guest is responsible for closing and locking all windows and doors as well as loading dishwasher and putting all other dishes away. Please put both keys in the lockbox.

7.  Condition of the Property. There are NO refunds because of the condition of the Property. Guest understands that the Property is considered reserved as “sight unseen”. Moonstone has, to the best of its ability, given an accurate description of the property and its condition. The Property will be cleaned and restocked prior to Guests’ arrival and all electrical, plumbing and appliances should be in working order. The failure(s) of operation of any amenities, such as the Internet and Wi-Fi service are not a basis for a refund. Moonstone will make every effort to have these items repaired, however, Moonstone does not guarantee these items will be repaired during Guests’ occupancy. 

If, upon arrival, Guest finds that the Property has not been cleaned to normal standards, please notify Property Manager immediately. Moonstone will do its best to remedy any issues, including those that require the attention of any tradesmen; however, such services may be limited during Guests’ occupancy, especially during weekends and holidays. 

8.   Parking. Parking is available in the driveway located on the Property. At no time shall any vehicle be driven on any area of the Property that is not paved. Garage parking is available.

9.  Fire.  Absolutely no outdoor fires between June 1st and December 31st, as prohibited by Mariposa County. If you wish to use the pizza oven or Parilla during these months, a fire guide is required. Please contact the property manager if desired. Candles are strictly prohibited indoors or outdoors.

10.  Toiletries & Linens. The Property is provided with a starter set of toilet paper and paper towels, pillows, linens, duvets, blankets, bath towels, hand towels, and kitchen towels & washcloths. Guests may need to replenish their own paper goods, toiletries, and laundry detergent, etc. depending on their usage and length of stay. 

11.   Cleaning Fee Included. A standard Cleaning Fee of two hundred sixty-five US dollars ($265.00) will be included in the Total Rental Fee. 

12.  Cleaning. Guest is responsible to ensure that all trash and recycling are placed in marked bins in the kitchen and overflow is transferred to the appropriate marked large trash bins in the garage, and soiled dishes and cooking utensils are placed in the dishwasher and cleaned. 

13. Additional Fee for Deep Cleaning. In the event that Guest leaves the Property in such condition that a deeper than standard cleaning is necessary, a “Deep Cleaning Fee” at market rates shall be applied. 

14. Removal or Damages to property. If any property is missing or damaged, Guest may be charged.

All furniture must be returned to its original location on Guest’s departure, otherwise, an additional charge for moving furniture may be made. 

15.   Maximum Occupancy. The maximum occupancy for the Property is eight (8) individuals. At all times during the rental period, Guest agrees to have no more than eight (8) guests on the Property. If more guests are found to be occupying the Property, without prior written permission, Moonstone has the right to terminate this Agreement and Guest will forfeit all monies paid, including the Total Rental Fee, Cleaning Fee, and any other deposits. If additional guests are found to have stayed, a penalty charge of $250 per night, per additional guest will be charged

16.  Keys. Guest will be provided with two (2) sets of keys upon Check-In. Lost keys will incur a replacement cost of twenty-five US dollars ($25.00) per lost key. 

17.   No Animals – Zero Tolerance. Absolutely no animals are permitted on the Property. In the event that an animal is discovered in violation of this Agreement, there is an additional deep cleaning fee of $550 and a penalty fee of $1000, and additional charges for any damages incurred. Moonstone reserves the right to evict the renter with no refund if an animal is discovered.

18.   Children. Guest understands that no special efforts have been made to “childproof” the Property and accepts the risk of harm to any children on the Property. Please do not leave children unattended around outdoor bath.

19   Non-Smoking – Zero Tolerance. This is a NON-SMOKING Property. Guests who wish to smoke or vape must do so off property. Evidence of smoking, such as the smell of cigarette or cigar smoke inside the Property, if discovered by the cleaning crew, is sufficient basis to charge the Guest for smoke cleanup and removal from any carpeting, HVAC ducts & filters, and furniture. This type of deep cleaning is expensive, and Guest will be liable for the Deep Cleaning Fee. 

20.   Entry of Premises. Moonstone or Moonstone’s agent may enter the Property during reasonable daylight hours without securing prior permission from Guest, provided that Moonstone shall give Guest notice of such entry immediately prior, if possible, and immediately thereafter. This permission to enter the Property extends to any employee of a property management company employed by Moonstone who may need to enter the Property for inventory and maintenance purposes. In the event of an emergency, Moonstone or Moonstone’s agent may enter the Property at any time without the permission of Guest for the purpose of making repairs to alleviate or prevent such emergency. If Guest abandons or vacates premises, Moonstone may, at its option, terminate this Agreement, re-enter the Property and remove all Guest’s property. 

21.   Wildlife. Natural wildlife is abundant around the property, including black bears, mountain lion and rattlesnakes. Do not leave any food or scented items outside or in your car. Keep doors, including garage doors, closed at all times. Trash must be kept inside.  Do not leave food or trash in outdoor kitchen, including the grill (food scrapes attract mice, which attract rattlesnakes). If trash is left outside and requires additional clean up, there will be an additional cleaning charge. Moonstone is not responsible for any damage to person or property caused by wildlife.

22.   Natural Disasters & Inclement Weather Policy. No refunds will be given unless there is a pre-evacuation or mandatory evacuation and guests cannot access the property, in which case a refund will be given for the portion of the rental period effected. This includes acts of God, such as wildfire, floods, mudslides, earthquakes, other natural disasters, inclement weather or power outages. 

23.  Accidental Damage. Guest is completely responsible for any and all damage to the Property caused by Guest. 

24.  Subletting; Assignment. Guest is not authorized to let or sublet all or any part of the Property, nor may Guest assign this Agreement without the prior written consent of Moonstone.  

25.  Assumption of Risk. The Property contains an outdoor bath, nature trails with stumps and rough terrain (during all seasons), stairs, decks, and various devices and appliances (collectively, the “Amenities”). Guest assumes all risk of harm to his/her own life or property and that of his or her other rental party guests and third parties associated with Guest in his/her use of these amenities and any participation in any activities on the Property are entirely at Guest’s own risk, and Moonstone is not liable for any harm caused by Guest’s use of the Property or the Amenities by Guest or by members of Guest’s rental party or by third parties associated with Guest.

26.  Liability. Guest agrees to indemnify and hold harmless Moonstone from any and all costs, expenses, legal proceedings, attorney fees, suits, claims or demands, whether from personal injury, loss of life, damage to the Property, or harm to any kind related directly or indirectly to Guest’s use of the Property during the reservation. This indemnification by Guest does not waive Moonstone’s duty of care to prevent any personal injury, duty to warn or property damage imposed by law.

27.  LIMITATIONS ON LIABILITY. IN NO EVENT WILL MOONSTONE BE LIABLE TO THE GUEST OR THIRD PARTIES ASSOCIATED WITH GUEST FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR INDIRECT DAMAGES (INCLUDING LOST PROFITS OR LOST REVENUES), WHETHER IN CONTRACT, WARRANTY, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF ANY BREACH OR FAILURE TO PERFORM ANY PROVISION(S) OF THIS AGREEMENT OR OTHERWISE RELATING TO THIS AGREEMENT (IN EACH CASE REGARDLESS OF ANY NOTICE OF THE POSSIBILITY OF SUCH DAMAGES.) IN NO EVENT WILL MOONSTONE’S LIABILITY TO GUEST OR ANY THIRD PARTIES ASSOCIATED WITH GUEST EXCEED THE AMOUNT OF FEES PAID BY GUEST TO MOONSTONE UNDER THIS AGREEMENT. 

28.  Governing Law. This Agreement shall be construed in accordance with, and governed by, the laws of the State of California as applied to contracts that are executed and performed entirely in California. The exclusive venue for any court proceeding based on or arising out of this Agreement shall be Mariposa County, California. 

29.  Entire Agreement. This Agreement constitutes the entire agreement between the Guest and Moonstone pertaining to the Property contained in it and supersedes all prior and contemporaneous agreements, representations, and understandings of the parties. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by all the parties. 

30.  Headings. The headings in this Agreement are inserted for convenience only and shall not constitute a part hereof.

31. Acknowledgement. Guest acknowledges that s/he/they has/have reviewed and understand the terms of this Agreement and the rules, regulation and policies contained herein and agrees to be bound by them.