License Agreement for Transient Lodging:
Pursuant to this Licensee Agreement for Transient Lodging (the “Agreement”), the licensee (the “Guest”) is licensing limited access to and use of certain transient lodging from the licensor, LoudounStay, LLC, a Virginia limited liability company (hereinafter referred to as “LoudounStay”). Online reservations constitute the valid and binding contract subject to the terms and conditions set forth in this Agreement. For phone or online reservations, this Agreement will be sent via email and must be signed and accepted electronically or in hard copy if preferable to Guest. Failure to submit/sign the Agreement and to thereby accept the terms and conditions contained herein means the Guest does not have a license for the premises.
1. License Grant
Under the terms of this Agreement, LoudounStay grants the Guest a non-transferable and revocable limited license (the “License”) to use the specified premises known as (the “Premises”) for purposes of use as transient lodging.
THE LICENSE IS SUBJECT TO THE TERMS, CONDITIONS, AND RESTRICTIONS SET FORTH IN THIS AGREEMENT. THE PARTIES DO NOT INTEND TO CREATE A LEASE OR ANY OTHER INTEREST IN PREMISES FOR GUEST THROUGH THIS AGREEMENT, AND THE PARTIES ONLY INTEND TO CREATE A TEMPORARY LICENSE THAT IS REVOCABLE AT WILL BY LOUDOUNSTAY. GUESTS AND INVITEES ARE ONLY AUTHORIZED TO USE THE PREMISES FOR ITS INTENDED PURPOSES.
Upon violation of the terms and conditions contained in this Agreement, any LoudounStay policy, or any other policy applicable to the Premises, this License is subject to immediate revocation, and the Guest will be immediately removed from the Premises, and will be liable for and will pay charges and cleaning fees per LoudounStay’s then applicable policies. The Guest agrees to be liable for any damages (including consequential damages) resulting from the Guest’s breach of the License, any LoudounStay policy, any policy applicable to the Premises, or this Agreement, including, without limitation, damages associated with LoudounStay’s (or the owner of the Premises) inability to offer rentals of the Premises due to any act or failure to act by the Guest or their invitees.
2. Time Period
The Guest’s revocable License granted hereunder is limited only to the time period agreed to and available when booking.
This time period is subject to modification and revocation by LoudounStay.
3. License Fee
Guest shall pay a license fee (the “License Fee”) for the License associated with the Premises in the published amount per night. Payments of the License Fee shall be made payable to Licensor in United States dollars and shall be delivered to Licensor in advance.
A 50% deposit on the total amount due for an applicable reservation must be made at the time of making a reservation to license the Premises (the “Initial Deposit”). The Initial Deposit applies toward the total cost of the reservation. All balances are due 30 days prior to arrival and are charged automatically onto the credit card used for the Initial Deposit. Lodging tax and state sales tax are assessed on the daily rate. In addition, Guests are assessed a cleaning fee which is also taxed and varies based on the Premises. If Guests fail to check out by check-out time and cleaning crew arrives, Guest will be charged an hourly waiting fee. An active credit card is required to remain on file. Guest agrees to LoudounStay’s check out policy provided to them at the time of arrival. Failure to follow the check-out policy will result in fees stated.
The License Fee, Initial Deposit, final payment, and any other fees or payments, will be deposited into LoudounStay’s interest-bearing trust account at a depository institution of its choice and will be disbursed to LoudounStay when the applicable cancellation period expires. Guest agrees that any interest thereon shall accrue for the benefit of and shall be paid to LoudounStay as often as is permitted by the terms of the account.
There will be no refunds for early departures, for breakdowns of air conditioner, heater, appliances, etc., if said breakdown is due to weather and/or other conditions over which premises owner and LoudounStay have no control. All signatories to this Agreement as Guests are jointly and severally responsible for the faithful performance of this Agreement. All payments made shall be applied to any outstanding balances of any kind including late charges and /or any other charges due under this Agreement at LoudounStay’s discretion. All late charges, interest, NSF, or bank fees, and any monies due under this Agreement are hereby defined as, intended and considered to be additional License Fees.
Guests are subject to the following cancellation restrictions:
Upon Reservation: Guests may cancel within 24 hours of making the reservation without loss of the Initial Deposit, with the exception of reservations made seven (7) days or less before the date of arrival.
Short-Term Reservations Early Cancellation: An Early Cancellation is any cancellation made 60 days or more prior to the date of arrival. Early Cancellations qualify for a 100% refund of the Initial Deposit.
Short-Term Reservations Late Cancellation: Cancellations/Changes made between 30 and 60 days of arrival will result in a 50% refund of the Initial Deposit.
Cancellations or changes to reservations within 30 days prior to the date of arrival will result in a forfeit of the Initial Deposit and a charge for the remainder of the amount due for the reservation.
5. Damage Waiver Policy:
Guests will pay a non-refundable fee of $99.00 (in addition to the License Fee) that relieves Guests of the cost for all unintentional, accidental reported damage to the Premises and its contents, not to exceed $3000.00. In order to be covered by the damage waiver any damages must be reported immediately (within 12 hours of the occurrence) by the Guest during their stay via email to . The Damage Waiver does not cover intentional damage, theft, excessive clean up or any damage or flea infestation caused by a pet. Damage Waiver is NOT to be considered prepaid rent, nor shall damages claimed, if any, be limited to the amount of said Damage Waiver limit. LoudounStay requires Guests to have an active Credit Card on file and Guest authorizes LoudounStay to charge Guest’s credit card for intentional damage, theft, excessive cleaning, which results in additional cleaning fees, after departure, unintentional and accidental damage exceeding the amount of coverage. The Damage Waiver will not be refunded in the event of a cancellation.
LoudounStay is an intermediary for third-party property owners offering accommodations and services to Guest. Under no circumstances shall LoudounStay, its agents, owners of rental, and/or their respective employees be responsible for any loss, expense, damages, claims or injury direct, indirect, consequential or otherwise whatsoever, caused or incurred whether arising in contract, or otherwise in law or equity as a result of rendering of the services or accommodations as described in this Agreement or as a result of any delay(s), substitution(s), rescheduling(s) or change(s) in the services or accommodations arranged by LoudounStay. LoudounStay, its agents, rental owners, and/or their respective employees shall not be responsible for any loss, expense, damages, claims or injury direct, indirect, consequential or otherwise caused by reason of military actions, acts of God, or by any agents, employees, subcontractors, servants or services as provided or substituted. LoudounStay at all times will act in good faith and use its best efforts when required under this Agreement to substitute with accommodations or services of a type comparable to those contracted. LoudounStay reserves the right to refuse or discontinue service to any person(s) and/or to rescind any license and LoudounStay will not be liable under any circumstances, including substitutions, to refund any unused portion of any license. LoudounStay, managing agents, rental owners, and/or their respective employees are not responsible for theft or damage of personal property and no refunds will be given for any such occurrences. Guest and all occupants have been advised not to leave personal articles in locked vehicles, even if in the trunk; to always lock their vehicle; to always secure the rental.
Efforts have been made to assure that the information in advertising and promotional materials is correct. LoudounStay cannot be held responsible for changes made by owners to the Premises or advertising errors. Taste, style, and quality vary. LoudounStay makes efforts to communicate accurate information. There will be NO refunds due to Premises discrepancies.
7. LoudounStay Rental Policies
A listing of our policies governing the License of the LoudounStay Premises are attached as Exhibit A and Exhibit B and are specifically incorporated into this Agreement. LoudounStay reserves the right to amend the Exhibits at any time. Upon an amendment LoudounStay will post the new policies on its website. The Guest understands and agrees that the License is specifically subject to the policies in effect during the term of their License.
LoudounStay assumes no liability for damages, expenses or inconveniences due to loss of services out of its control and Guest waives any such claims. The Guest covenants to indemnify and hold harmless LoudounStay, its employees, service providers, advisors, agents, and owner of the Premises from any liability, injury, loss or damage (including reasonable attorney’s fees and disbursements) arising from or related to the use and occupancy of the Premises during the term of this Agreement provided that any liability, injury, loss or damage proximately caused by the gross negligence or willful action of LoudounStay’s employees, agents or owner’s of the Premises shall not be subject to the provisions of this Section. This Section shall survive the term of this Agreement. This Section’s waiver of liability shall include, but shall not be limited to, claims for damage resulting from:
i) The negligent or willful acts or omissions of Guests, occupants or of their guests;
ii) Damage or injuries done or occasioned by wind, rain, cold, ice, snow or other elements of weather; and
iii) Theft, vandalism, fire or acts of God.
9. Binding Effect; Miscellaneous
This Agreement shall constitute a binding obligation of the contracting parties, their successors, heirs and/or personal representatives. This constitutes the entire agreement and addendums referred to between the contracting parties and no variance or modifications thereof shall be valid or enforceable unless additionally noted in writing and signed by both parties. This Agreement upon its execution between both parties shall replace and cancel all other contracts previously entered into by the LoudounStay and the Guest with respect to the Premises for the License period. The captions that are used herein are for the purpose of reference only and shall not be construed to modify the terms thereof. The parties do not confer any rights or remedies upon any person other than the parties to this Agreement and their respective successors and permitted assigns. This Agreement has been negotiated by LoudounStay and the Guest and each has had the opportunity to be represented by legal counsel, and any legal or equitable principles that might require or permit the construction of this Agreement or any provision hereof against the party drafting this Agreement shall not apply in any construction or interpretation of this Agreement. Any terms that by their nature logically should survive, will survive any termination or expiration of this Agreement.
10. Severability; Waiver
Should any section, subsection or clause herein contained be declared void, illegal, invalid or unenforceable by any court having jurisdiction over the subject matter hereof, such judgment shall not affect the other provisions hereof, which are hereby declared severable, and which other provisions shall remain in full force and effect. If LoudounStay waives any term, provision or Guest’s breach of this Agreement, such waiver shall not be effective unless it is in writing and signed by LoudounStay. No waiver by LoudounStay of a breach by Guest of this Agreement shall constitute a waiver of any other or subsequent breach by Owner.
The License is not-transferable. The Guest shall not assign any of its rights or delegate any of its obligations hereunder without the prior written consent of LoudounStay. LoudounStay may assign its rights or delegate its obligations, in whole or in part, without consent. Any purported assignment or delegation by the Guest in violation of this Section shall be null and void.
12. Choice of Law and Forum
This Agreement and all related documents, and all matters arising out of or relating to this Agreement, whether sounding in contract, tort, or statute are governed by, and construed in accordance with, the laws of the Commonwealth of Virginia, including its statutes of limitations, without giving effect to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the Commonwealth of Virginia. Each party irrevocably and unconditionally agrees that it will not commence any action, litigation, or proceeding of any kind whatsoever against any other party in any way arising from or relating to this Agreement and all contemplated transactions, including, but not limited to, contract, equity, tort, fraud, and statutory claims, in any forum other than the courts of the Commonwealth of Virginia sitting in Loudoun County, and any appellate court from any thereof. Each party irrevocably and unconditionally submits to the exclusive personal jurisdiction of such courts and agrees to bring any such action, litigation, or proceeding only in the courts of the Commonwealth of Virginia sitting in Loudoun County. Each party agrees that a final judgment in any such action, litigation, or proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. The parties waive the defense of forum non conveniens.
13. Limitation of Liability
IN NO EVENT SHALL LOUDOUNSTAY, THE OWNER OF THE PREMISES OR ANY OF THEIR REPRESENTATIVES BE LIABLE UNDER THIS AGREEMENT TO THE GUEST OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THIS AGREEMENT, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT LOUDOUNSTAY OR THE OWNER OF THE PREMISES WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
IN NO EVENT SHALL LOUDOUNSTAY’S OR THE OWNER OF THE PREMISES’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID BY GUEST TO LOUDOUNSTAY PURSUANT TO THIS AGREEMENT.
THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF GUEST’S REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.
Neither party shall be held liable or responsible for any delay or failure in performance under this Agreement arising out of an event beyond its reasonable control or without its fault or negligence for the period of the delay (“Force Majeure Event”), provided that the party relying upon this provision gives prompt written notice thereof to the other party, and takes all steps reasonably necessary to mitigate the effects of the event. A “Force Majeure Event” may include, but is not limited to, earthquakes, floods, fires, storms, natural disasters, embargoes, shortages of supplies or raw materials or components or finished goods, acts of God, war, terrorism, armed conflict, labor strikes, lockouts, boycotts, acts of regulatory agencies or other similar events beyond the reasonable control of a party.
Each party acknowledges and agrees that the parties entered into the Agreement in reliance upon the limitations of liability set forth in this Section, that the same reflect an allocation of risk between the parties (including the risk that a contract remedy may fail of its essential purpose and cause consequential loss), and that the same form an essential basis of the bargain between the parties.
13. Waiver of Jury Trial; No Class Actions
EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING ANY EXHIBITS, SCHEDULES, AND APPENDICES ATTACHED TO THIS AGREEMENT, OR THE TRANSACTIONS CONTEMPLATED HEREBY. EACH PARTY CERTIFIES AND ACKNOWLEDGES THAT (A) NO REPRESENTATIVE OF THE OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT THE OTHER PARTY WOULD NOT SEEK TO ENFORCE THE FOREGOING WAIVER IN THE EVENT OF A LEGAL ACTION, (B) IT HAS CONSIDERED THE IMPLICATIONS OF THIS WAIVER, (C) IT MAKES THIS WAIVER KNOWINGLY AND VOLUNTARILY, AND (D) IT HAS DECIDED TO ENTER INTO THIS AGREEMENT IN CONSIDERATION OF, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION.
THE PARTIES AGREE TO LITIGATE SOLELY ON AN INDIVIDUAL BASIS, AND THAT THIS AGREEMENT PROHIBITS AND DOES NOT PERMIT CLASS ACTION LAWSUITS OR ANY CLAIMS BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE LITIGATION PROCEEDING.
This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute but one and the same instrument. A signed copy of this Agreement transmitted by facsimile, electronic mail or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Agreement for all purposes. Each party agrees that the electronic signatures, whether digital or encrypted, of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a party with the intent to sign such record, including facsimile or email electronic signatures.
Exhibit A- License Policies
1. Pets: Domestic or commercial animals (except for service animals) are not allowed on the premises at any time unless approval has been given prior. Any sign of a pet onsite associated with the Guest’s group will be cause for immediate eviction and forfeiture of all rental fees. Additional cleaning fees starting at $500 may also be assessed.
2. Smoking: Guests may only smoke outside all buildings on the Premises. Violators of this policy are subject to a minimum $500 cleaning fee and any cost associated with removing smoke from Premises in addition.
3. Occupancy: Occupancy totals are listed on each property listing on LoudounStay’s website. LoudounStay has a very strict Guest of a Guest policy. Guest is permitted 1 guest for each guest of a licensed property. All additional guests must be out of the Premises no later than 11pm. Occupancy of persons will include anyone above the age of four on the Premises. Only adults (25 years old and older) may reserve the Premises and an adult must occupy the Premises at all times when any individuals under the age of 18 are present. Violators of this policy are subject to an additional minimum $500 fee.
Vehicles must not exceed the amount stated on the listing and must be parked onsite.
4. Check In Policy: Check in time is 4:00 pm, unless agreed upon with LoudounStay, and Guest has paid the associated early check in fee.
5. Check Out Policy: Check out time is 11:00 am, unless agreed upon with LoudounStay, and Guest has paid the associated late check out fee. Failure to check-out at 11:00 am will result in a $75 for every additional hour a Guest remains on the rented Premises.
Upon check-out time;
• TRASH: All trash on the premise must be bagged and disposed in trash bin located outside of the home.
• DISHES: All dishes, pots, and pans must be put away. Any remaining dirty dishes must be placed in the dishwasher and run prior to departure. Any dirty dishes found outside of the dishwasher will result
in a fee.
Failure to comply with the above check-out instructions will result in an automatic $75 charge and $75 for every additional hour required to clean. The charge will be issued to the card on file or taken out of the deposit, whichever is applicable.
6. Behavior/Damage: Guests may not permit any acts on the Premises that violate any state or federal law, LoudounStay policy, or other rules that may be established by LoudounStay from time to time. Guests may not destroy, damage, deface, or remove any contents or permit any person to do so. Guests are liable for all damages to furnishings and the Premises. Guests must report any damage found at Premises so that LoudounStay can hold the correct party responsible. Guest agrees to have all fees for damage to be charged to the credit card submitted upon booking. If Guest fails to pay for damage occurring during the period of the Guest’s license within 15 days from the departure date, they will be responsible for the cost of repair in addition to the cost of all legal, attorney, interest and administrative fees incurred by LoudounStay required to collect the balance owed. LoudounStay properties are located in mixed-use neighborhoods that include both short-term guests and year-round residents. We want you to enjoy your stay, but not at the expense of the neighbors, so please be considerate of the neighbors with your noise and activities. Guest acknowledges and agrees that it will abide by all state and local laws and ordinances applicable to the Premises, including, without limitation, ordinances regarding noise, trash, parking and pets. NOTE: License is subject to immediate revocation upon substantiated complaints from neighbors regarding any violation of this Policy. Guest will be assessed a minimum $500 fine due to any valid complaints and LoudounStay’s need to address them.
7 Noise: No Guest shall create or permit any nuisance to exist. Please respect the rights of the neighbors by restricting sound and noise to a reasonable volume. Per Loudoun County Code Section 5-600 quiet hours are between 10 pm and 10am Monday through Sunday. Law enforcement could be called for violations.
8. Loss: Upon departure, inventory of all furnishings, appliances, dishes and other property will be taken. Any missing or broken items may be charged to the Guest’s credit card.
9. RV/Boats: Trailers, Campers, RV`s, Tents or Boats are not allowed on the Premises without a special issuance permit. Call to request special issuance permit.
10. Doors Locked: Doors must be kept locked when the Premises is unoccupied.
11. Keys: Keys must be left inside prior to departure unless otherwise instructed by LoudounStay. If lost, LoudounStay will have the locks re-keyed and the cost of such re-keying will be billed to the Guest.
12. Children: The Premises requires children to be supervised by an adult at all times. Amenities such as furniture with sharp edges, games with small pieces, cleaning products and other examples known and unknown pose safety issues for unsupervised children.
13. Lost and Found Policy: LoudounStay and/or Owner are not responsible for personal property left behind, stolen, or damaged during your stay. Upon check-out PLEASE make sure and take all of your belongings and check the Premises carefully. If you find that you have left something behind, please contact LoudounStay. Items are held for 7 days and then donated to charity.
14. Use of Premises Boundaries & Other Penalties: LoudounStay will identify the boundaries of Guest use on the Premises. At no time is Guest, or Guests of Guest, permitted to explore, interact with, or affect any animals, buildings, or other structures and equipment outside of the boundary map provided. There may be residents trying to privately enjoy their residences and livestock or other animals on the Premises and Guests are strictly prohibited from interaction or disturbances outside the boundaries established for Guest use on the Premises. Guest will be assessed a minimum $500 fine due to any valid complaints and LoudounStay’s need to address them.
Exhibit B – Pet Policies
IF Pets are allowed at noted properties with PRIOR approval, provided Guest agrees to the following policies:
P1. General: The pet is housebroken, flea free, not prone to shedding, and not prone to damaging property.
P2. Furniture: Pets are not allowed on the furniture or beds, unless a protective cover is used provided by Guest. There is an extra pet cleaning fee if evidence of pet on any furniture is found in the home.
P3. Damage: The cost to repair any damage done by a Guest’s pet, such as chewing furniture, staining carpet (pet urine), etc. will be charged against the Guest’s credit card and/or deducted from the damage deposit and the Guest will be charged for carpet cleaning, odor removal, and flea spray if any evidence of a pet(s) is found in the rental home or on the premises.
P4. Waste Removal: Guests must pick up after their pet when the pet does its business, whether on the Premises or in other areas, and dispose of such waste in a proper container. Guests could charged a fee for waste removal.
P5. Supervision: All pets must be under the complete control of a responsible Guest, and must be on a hand-held leash at all times when not in a fenced yard. The Guest agrees NOT to leave pet(s) alone TO ROAM FREELY THROUGHOUT THE PREMISES.
P6. Behavior: Aggressive or unruly dogs are not welcome for the safety of other Guests and children in the area. If we receive one or more complaints regarding barking or aggressive pet behavior, Guest’s license may be revoked with forfeiture of all rents and security deposit.
P7. Pet Noise: The Guest agrees to monitor pet’s noise so that pets do not disturb neighbors, and certifies that such pet(s) will be under the complete control of a responsible human companion and on a hand-held leash at all times when outdoors.
P8. Indemnify / Hold Harmless: Guest agrees to indemnify, hold harmless, and defend Owner against all liability, judgments, expenses (including attorney’s fees), or claims by third parties for any injury to any person or damage to property of any kind whatsoever arising out of their use of the Premises.