Outsite Rental Agreement - Last Updated Date December 10, 2018

IMPORTANT- IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF THIS OUTSITE RENTAL AGREEMENT (“TERMS”), DO NOT ENTER YOUR INFORMATION TO AGREE TO A RENTAL AND DO NOT CLICK “CONFIRM BOOKING” OR "BOOK NOW". YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING “CONFIRM BOOKING”, "BOOK NOW", AND/OR TICKING THE CHECKBOX TO AGREE TO THESE TERMS AND CONDITIONS OF OUTSITE, YOU ARE ENTERING INTO AN AGREEMENT WITH OUTSITE INC. (“OUTSITE”) AND INDICATING THAT YOU HAVE READ IN FULL, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO RENT THROUGH OUTSITE. IF YOU ACCEPT OR AGREE TO THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT COMPANY OR OTHER LEGAL ENTITY TO THESE TERMS AND, IN SUCH EVENT, “YOU” AND “YOUR” WILL REFER AND APPLY TO THAT COMPANY OR OTHER LEGAL ENTITY.

These Terms incorporate by reference the Outsite website terms of use.  If any provisions of these Terms conflict with any provisions of the Outsite website terms of use, the conflicting provisions of these Terms apply with respect to the booking of a rental.

Changes  Outsite reserves the right, at its sole discretion, to modify these Terms. If we change these Terms we will update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site.

Age Restrictions   The Site and our rentals will only be rented to those persons who are 21 years of age or older. You represent and warrant that you are 21 years of age or older.

Reservations When you make a selection for a rental booking, we will send you a confirmation of your selection if there's availability.  The confirmation page will specify the location of the accommodation, the lease term, rental rates, and maximum occupancy.   You agree not to exceed the maximum occupancy for the rental. You agree to abide by the Rental Rules at the end of these Terms at all times while at the rental and shall cause all members of the rental party and anyone else you permit at the rental (e.g. any guests of yours) to abide by the Rental Rules at all times while at the rental.  If you have an extra guest over Outsite requires you to register the extra guest with the reservations department and to pay an extra guest fee per day or night. You further agree that Outsite has the right to enter the rental without prior notice for maintenance purposes. Outsite also reserves the right to change the guests' reserved accommodation for a similar accommodation depending on availability. Reservations are non-transferable.

Minimum/Maximum Stay Policy This location has a minimum stay policy of 2 nights and a maximum stay policy of 30 nights. Extensions over 30 nights are possible upon availability up to 90 nights.

Check-In/Check-Out: Check-in and check-out times are not flexible. If you'd like to extend your reservation please contact reservations@outsite.co 24 hours in advance. In the event that you do not check-out in a timely manner and cannot be reached you will be charged for an extra night.

Payment You agree to pay full payment as specified in the confirmation page. Please know we require full payment in order to confirm this reservation. Only credit card transactions accepted. In connection with your requested booking, you will be asked to provide customary billing information such as name, billing address and credit card information either to Outsite or its third-party payment processor(s). You agree to pay Outsite for any confirmed bookings made in connection with your Outsite account in accordance with these Terms. You hereby authorize the collection of such amounts by charging the payment method provided as part of requesting the booking. Payment will be processed either directly by Outsite or indirectly, via a third-party payment processor. Please review such terms and conditions and privacy policy before using such third-party services. By making payment via credit card you will be required to accept the terms and conditions of the applicable third-party payment processor.

Discounts and offers Policy Discounts and offers cannot be bundled, only one discount or offer valid per reservation. A Qualifying Reservation must have a total value (excluding guest fees or taxes) of at least $75 after the discount.

Termination, Changes and Cancellations Outsite reserves the right to terminate any service at any time. Outsite further reserves the right to terminate your participation in and use of the Site and any services, immediately and without notice, if you fail to comply with these Terms. If you violate any of these Terms, Outsite may evict you from the rental. Once we have confirmed your booking for a rental, no cancellations may be made and no refunds will be provided except as follows. If you wish to cancel/shorten/change your confirmed reservation for a rental: No refund will be given for cancellations and changes made to reservation less than 14 days prior to check-in date. Outsite will determine, in its reasonable discretion, how to handle requests for changes or cancellations within 14 days of the check-in date. If you would like to request any changes or require assistance please call/text 208 305 1199 or email us at liz@outsite.co.

Pets No pets, including dogs, cats, birds, fish or other domestic pet or animal of any kind may be kept on or about the premises without Outsite’s written consent.

Noise and Disrupting Activities You and/or your guests and invitees shall not disturb, annoy, endanger or inconvenience other guests of the building, neighbors, Outsite employees or its agents or workmen nor violate any law, nor commit or permit waste or nuisance in or about the premises. Further, You and/or your guests and invitees shall not do or keep anything in or about the premises that will obstruct the public spaces available to other guests. Violating Outsite’s No Noise After 10:00 P.M. policy, either by you or your guests and invitees, or any activity that interferes with the convenience of other guests, is prohibited.

Insurance We encourage all guests to purchase traveler’s or renter’s insurance. Outsite is not responsible for any material or human loss. You acknowledged that Outsite does not maintain insurance to cover travel expenses, travel accidents, personal property damage or loss caused by fire, theft, rain, water overflow/leakage, acts of GOD, and/or any other causes. You acknowledge and agree that Outsite is not liable for these occurrences. You acknowledged and agree that your own insurance policy shall solely indemnify you for any losses sustained. Your failure to maintain your own policy shall be a complete waiver of your right to seek damages against Outsite for the above stated losses. The parties acknowledge and agree that the premises are not to be considered a security building which would hold Outsite to a higher degree of care.

No Subletting or Assigning: You agree not to assign or sublet any Outsite premises or any part thereof, without first obtaining written permission from Outsite.

Possession If premises cannot be delivered to you on the agreed date due to loss, total or partial destruction of the premises, or failure of previous guests to vacate, either party may terminate this agreement upon written notice to the other party. It is acknowledged and agreed that either party in such an event shall have no liability to each other except that all sums paid to Outsite will be immediately refunded to you.

Waiver Outsite’s failure to require compliance with the conditions of this agreement, or to exercise any right provided herein, shall not be deemed a waiver by Outsite of such condition or right. Outsite’s acceptance of rent with knowledge of any default under this or any agreement by you shall not be deemed a waiver of such default, nor shall it limit Outsite’s rights with respect to that or any subsequent right. It is further agreed between the parties that the payment of rent at any time shall not be a waiver to any UNLAWFUL DETAINER action unless Outsite in writing specifically acknowledges that this constitutes a waiver to the UNLAWFUL DETAINER action.

Validity/Severability If any provision of this agreement is held to be invalid, such invalidity shall not affect the validity or enforceability of any other provision of this agreement.

Right of Inspection You consent and agrees that Outsite has the right to enter and inspect the premises for any reason, upon 24-hour advance notice to you.

Personal Property of Primary Guest or Rental Party Once Primary Guest vacates the premises, Outsite shall store all personal property left

in the premises for 18 days. If within that time period, Primary Guest does not claim said property, Outsite may dispose of said items in any manner Outsite chooses.

Disclaimers   YOU AGREE THAT, IF YOU USE THE SITE OR RENT ANY RENTAL, YOU DO SO AT YOUR SOLE RISK. THE SITE, SERVICES, AND RENTALS ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, OUTSITE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. OUTSITE MAKES NO WARRANTY THAT THE SITE, SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY RENTAL EQUIPMENT OR PROPERTY, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. OUTSITE MAKES NO WARRANTY REGARDING THE QUALITY OF RENTAL PROPERTIES, THE SERVICES OR MATERIALS ON THE SITE OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY MATERIALS OBTAINED THROUGH THE SITE OR SERVICES.

Body of Water Waiver: BY ACCEPTING THIS RESERVATION YOU UNDERSTAND THAT THE RIVERS AND BEACHES NEXT TO THE RENTAL PROPERTIES INVOLVE CERTAIN RISKS. THESE RISKS INCLUDE, BUT ARE NOT LIMITED TO, THE RISK OF INJURY RESULTING FROM POSSIBLE ILLNESS AND INFECTION AND INJURIES RESULTING FROM SWIMMING, TRIPPING OR FALLING IN THE WATER INCLUDING DROWNING AND DEATH. BY ACCEPTING THIS RESERVATION YOU AGREE, UNDERSTAND AND ASSUME ALL RISKS.

Palm Tree Waiver: BY ACCEPTING THIS RESERVATION YOU UNDERSTAND THAT THERE ARE PALM TREES WITH COCONUTS ON THE SOME OF OUR RENTAL PROPERTIES. OUTSITE, INC IS NOT RESPONSIBLE FOR ANY DAMAGES OR INJURY, INCLUDING DEATH RESULTING FROM THE FALL OR INGESTION OF THESE PALM TREES AND/OR COCONUTS. BY ACCEPTING THIS RESERVATION YOU AGREE, UNDERSTAND AND ASSUME ALL RISKS.

Bikes, Electric Bikes, Surfboards and/or Sports Gear Waiver: BY ACCEPTING THIS RESERVATION YOU ARE AWARE OF THE RISKS, DANGERS, AND HAZARDS ASSOCIATED WITH THE USE OF ALL SPORTS GEAR OR ANY OTHER EQUIPMENT BORROWED, INCLUDING BUT NOT LIMITED TO BIKES AND SURFBOARDS. YOU FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE AND LOSS RESULTING THEREFROM. YOU ARE ALSO RESPONSIBLE FOR ANY DAMAGE TO THE SPORTS GEAR, OR ANY OTHER EQUIPMENT BORROWED. BY ACCEPTING THIS RESERVATION YOU AGREE, UNDERSTAND AND ASSUME ALL RISKS.

Limitation of Liability   YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES AND MATERIALS, LISTINGS OR BOOKING OF ANY RENTAL PROPERTIES REMAINS WITH YOU. YOU AGREE THAT OUTSITE WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE,  SERVICES OR MATERIALS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT OUTSITE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.   IN NO EVENT WILL OUTSITE’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM ANY BOOKING OF ANY RENTAL EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR RENTALS IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY OR ONE HUNDRED U.S. DOLLARS (US$100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN OUTSITE AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Damages:  You are responsible for leaving the premises as you found them. If we find any damages upon check-out inspection we will notify you and charge your credit card on file. You will be responsible for any damages caused by you and your guests.

Indemnification   You agree to indemnify, defend and hold Outsite and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Services, or materials or your violation of these Terms; (b) booking of a rental, or (c) the use, condition or rental of a rental by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a rental, including any injuries to any third parties as a result of your use (or the use by any of your guests or invitees) of any Outsite property, activity, and/or rental equipment. We encourage all renters to purchase traveler insurance or renter’s insurance.

Dispute, Resolution and Binding Arbitration Provision   Definitions.  As used in this Arbitration Provision, the terms “Outsite,” “we,” “us,” and “our” refer to Outsite; the terms “you” and “your” refer to you as an individual and any legal entity you control, work for, or represent when you access or use the Products.  The word “Claims” means all claims, disputes, or controversies between you and us of any nature or kind, whether pre-existing, present, or future, that arise from or relate to the Site, services and/or rentals. This includes but is not limited to disagreements about the validity, enforceability, or scope of this Arbitration Provision.   Governing Law. These Terms are governed by United States federal law and the substantive and procedural laws of the State of California, without regard to its conflicts of law provisions, as though entered into between two residents.

Informal Efforts to Resolve Dispute.  If a dispute arises between you and Outsite, you shall first attempt to resolve it by contacting our Customer Service Center at (208) 305-1199.  Outsite will attempt in good faith to resolve all Claims submitted this way within fifteen (15) days of receipt.      Agreement to Arbitrate; Right to Opt Out.  If informal efforts to resolve Claims fail, you agree that any and all Claims will be resolved exclusively by binding arbitration as described herein, except that: (i) you may assert Claims in a small claims court in the United States if your Claims meet the court’s jurisdictional requirements; and (ii) either party may pursue Claims and relief in a court of competent jurisdiction regarding the validity and/or infringement of a party’s intellectual property rights.    There is no judge or jury in arbitration, and court review of an arbitration award is very limited. However, an arbitrator can award to you on an individual basis the same damages and forms of relief as a court could (including injunctive and declaratory relief as well as statutory damages). ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS AND PRIVATE ATTORNEY GENERAL ACTIONS ARE NOT PERMITTED.   IF YOU DO NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MUST NOTIFY OUTSITE IN WRITING WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST ACCEPT OR HAVE ACCESS TO THESE TERMS BY MAILING AN OPT-OUT REQUEST TO OUR CUSTOMER SERVICE CENTER. YOUR WRITTEN NOTIFICATION MUST INCLUDE YOUR NAME, ADDRESS, THE EMAIL ADDRESS YOU USED TO REGISTER WITH OUTSITE, AND A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH US THROUGH ARBITRATION. YOUR DECISION TO OPT OUT OF THIS ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH US OR THE DELIVERY OF SITE, APP AND/OR SERVICES TO YOU BY US. IF YOU HAVE PREVIOUSLY NOTIFIED US OF YOUR DECISION TO OPT OUT OF ARBITRATION, YOU DO NOT NEED TO DO SO AGAIN.

Arbitration Fees.  The allocation and payment of all filing, administration and arbitrator fees will be governed by the rules of the JAMS (“JAMS”) commercial arbitration rules.   The arbitration will be conducted by the JAMS under its commercial arbitration rules if you are a resident of the United States; if your use of the Site, services and/or rentals has been principally for personal or household use, the JAMS’ procedures for consumer-related disputes including the minimum fairness standards will also apply.  If you are a resident of a country other than the United States or the European Union, the arbitration will be conducted by the JAMS in San Diego, California, under its rules for international arbitration, and you and we agree to submit to the personal jurisdiction of the U.S. federal court in San Diego, California in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. If you are a resident of a country within the European Union, the arbitration will be conducted by the JAMS in Paris, France, under its rules for international arbitration, and you and we agree to submit to the personal jurisdiction of the courts in Paris, France in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. In the event of a conflict or inconsistency between the applicable arbitration rules and this Arbitration Provision, this Arbitration Provision shall govern and control.   The arbitration will be conducted in the English language by a single arbitrator who is a licensed trial attorney or licensed trial advocate with at least fifteen years’ experience in consumer and technology transactions and who is also a member of the JAMS roster of arbitrators.  If you and Outsite cannot agree on a mutually acceptable arbitrator within fifteen (15) days after the arbitration is initiated, then JAMS will pick a neutral arbitrator who meets the qualifications.  The JAMS rules are available at http://www.jamsadr.com, or by calling the toll free number: 1-800-352-5267 from inside the United States or +44 207 583 9808 from outside the United States.

Initiating Arbitration.  To begin an arbitration proceeding, you must follow the procedures specified by the applicable JAMS rules as described on their website at http://www.jamsadr.com.

Time Restriction.  YOU MUST FILE A COMPLAINT WITH JAMS OR A PERMITTED COURT WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A CLAIM, OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS OR DISPUTE.

Arbitration Process.  Because appearing in person for arbitration can be unduly burdensome in the circumstances, arbitration under this Arbitration Provision shall not require any personal appearance by the parties or witnesses unless mutually agreed.  Either or both parties may participate by written submissions, telephone calls, or other means of remote communication as allowed by the arbitrator.  The arbitration proceedings will be conducted in the English language at a location designated by the JAMS that is the most convenient for you.     The arbitration can only decide Claim(s) between you and us, and may not consolidate or join the claims of other persons that may have similar claims. There shall be no pre-arbitration discovery except as provided for in the applicable JAMS rules. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect customer account information and other confidential or proprietary information.   In conducting the arbitration proceeding, the arbitrator will apply the law of the State of California (without regard to its conflicts of law provisions) including U.S. federal law for matters covered by federal law (e.g. the Federal Arbitration Act).  The confidentiality provisions of these Terms will be enforceable under the provisions of the California Uniform Trade Secrets Act, California Civil Code Section 3426, as amended.  At the request of any party, the arbitrator shall provide a brief written explanation of the basis for the decision and award. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding on the parties except for any right to appeal under the JAMS rules or the Federal Arbitration Act.

Recovery and Attorneys’ Fees.  The prevailing party in any arbitration shall be entitled to an award of reasonable attorney’s fees, but in no event shall such award exceed five thousand U.S. dollars ($5,000).

Confidentiality.  You and Outsite shall keep confidential any information exchanged during the arbitration as well as the decision of the arbitrator made with respect to any Claim(s) arbitrated under this Arbitration Provision and, with the exception of disclosure to your or our attorneys, accountants, auditors, and other legal or financial advisors, neither party shall disclose such information or decision to any other person unless required to do so by law.

Continuing Obligation to Arbitrate; Severability. This Arbitration Provision shall survive termination of your access to or use of any Site, services, rentals and related agreements. If any portion of this Arbitration Provision is deemed invalid or unenforceable at law, such invalid or unenforceable provision will be interpreted, construed or reformed to the extent required to make it valid and enforceable, and this shall not invalidate the remaining portions of this Arbitration Provision.

1. Check-in/check-out times are not flexible. For extensions and if you have any questions or special requests please contact us at reservations@outsite.co

2. No smoking, this is a non-smoking building. Please smoke outside far away from the building.

3. No extra guests allowed. People other than those in your confirmed reservation may not visit or stay overnight in the space without prior authorization. You must not exceed the occupancy limit associated with the reservation or a fee will be assessed per extra guest per day/night.

4. No Noise After 10:00 PM. You must not create excessive noise at a level that disturbs other guests; code-enforced quiet hours start at 10:00 PM. Violation of this rule may result in immediate eviction.

5. Please maintain the space orderly and clean and be conscientious of other guests. Common areas are professionally cleaned once a week, but there is no daily housekeeping service. We provide a monthly courtesy room cleaning for all reservations of 30+ nights.

6. Please turn off all lights, appliances and fireplace and close all doors and windows on your way out.

7. Pets are not allowed inside the space without prior authorization.

8. There is no parking available. Any illegally parked cars are subject to towing; applicable fines/towing fees are the sole responsibility of the vehicle owner.

9. Please use the fireplace, safely: Open the vent on the top right, NEVER remove the ashes before 72 hours after using, ALWAYS close the fireplace window if unattended, even if the fire seems out.

10. All garbage must be stowed in the proper garbage and recycling bins.

11. A $10 fee per key will be charged if the keys are misplaced or lost.