SOUTH AND SUNSET LODGE OF SPRUCE, MICHIAGN SHORT-TERM RENTAL AGREEMENT

This Short-Term Rental Agreement (the “Agreement”) is made by and between South and Sunset Lodge of Spruce, Michigan ("Property Owner") and Guest ("Guest") as of the electronic acceptance date of this Agreement. For good and valuable consideration, the sufficiency of which is acknowledged, the parties hereby agree as follows:

Property ("Property"): The property is located at 3735 Little Brook Dr, Spruce, Michigan, 48762, USA. The Property includes an outdoor shed, outdoor fire pit, is furnished, and includes indoor fireplace, household appliances, furnishings, decorations, artwork, linens, towels, kitchenware’s, audio/video equipment, and personal property.
Property Owner Agent ("Property Owner Agent"): Any person or business authorized to perform work on behalf of the Property Owner, including but not limited to, cleaning personnel, maintenance services, lawn care services, property managers, insurance agents, and lawyers.
Woodruff Beach Association ("Woodruff Beach Association"): The domestic non-profit corporation responsible for the Woodruff Beach Association private beach, granting Property Owner (association member) and Guest (association member guest) access to shared beach on Hubbard Lake, Michigan.
Woodruff Beach Association Agent ("Woodruff Beach Association Agent"): Any person or business authorized to perform work on behalf of the Woodruff Beach Association, including but not limited to, cleaning personnel, maintenance services, lawn care services, property managers, insurance agents, and lawyers.
Reservation Party (“Reservation Party”): All persons accompanying the Guest, and any persons invited by the Guest or their accompanying persons.
Occupant (“Occupant”): Any member of the Reservation Party who stays one (1) or more nights on the Property.
Maximum Residency: The Reservation Party shall be limited to the number listed on the rental reservation. The maximum number of Occupants is limited to eight (8) persons, including children, unless a specific written permission has been granted by Property Owner. The Guest may have an additional two (2) persons residing on the Property and Woodruff Beach Association private beach outside quiet time hours as described in the Noise and Nuisance section in this Agreement. If more than the stated number of guests are found to be residing the Property, without prior written permission from the Property Owner, the Property Owner has the right to terminate this Agreement, evict the Reservation Party, and the Guest will forfeit all monies paid, including rent, cleaning, and deposits.
Term of Lease: The rental period begins at 3:00 PM local time on the dates in the reservation and will end at 11:00 AM local time, on the checkout date. Check in time is 3:00 PM local time and check out time is 11:00 AM local time. No lease shall exceed fourteen (14) days.
House Rules: The Guest agrees to abide by the House Rules attached as Addendum A, at all times while at the Property and shall cause the Reservation Party, to abide by Addendum A while at the Property. Should the Guest or Reservation Party violate these rules, the Property Owner reserves the right to cancel this Agreement and immediately evict the Guest and the Reservation Party, and the Guest will forfeit all monies paid, including rent, cleaning, and deposits.
Woodruff Beach Association Rules: The Guest agrees to abide by the Woodruff Beach Association Rules attached as Addendum B, at all times while at the Woodruff Beach Association private beach and shall cause the Reservation Party to abide by Addendum B at all times while at the Woodruff Beach Association private beach. Should the Guest or Reservation Party violate these rules the Property Owner reserves the right to cancel this Agreement and immediately evict the Guest and the Reservation Party, and the Guest will forfeit all monies paid, including rent, cleaning, and deposits.
Condition of Property: The Guest shall return the Property in the same condition as received. As a part of the rental agreement, the Guest will pay a $150 cleaning fee which includes normal “turn” cleaning and special provisions for COVID-19. The Guest agrees they will be responsible for excessive additional cleaning if needed, at the Property Owner’s sole discretion. The Guest also agrees to leave the Property in good condition with all items, furniture, etc. in the same place as where they found them upon check in.

Temporary structures including but not limited to tents, cabanas, gazebos, screen tents, other shelters are prohibited on the Property or the Woodruff Beach Association private beach.
No Assignment or Subletting: This Agreement shall not be assigned, nor the Property sublet without the prior written permission of the Property Owner. The Guest acknowledges that they will personally occupy the Property for the entire rental period and will not sublet any portion of the Property. Violation of these terms shall give the Property Owner the right to cancel this Agreement and immediately evict the Guest and the Reservation Party, and the Guest will forfeit all monies paid, including rent, cleaning, and deposits.
Indemnification: The Guest and Reservation Party agrees to indemnify the Property Owner, Property Owner Agent, Woodruff Beach Association, and Woodruff Beach Association’s Agent, and save the Property Owner, Property Owner Agent, Woodruff Beach Association, and Woodruff Beach Association Agent from and against any and all claims, actions, damages, liabilities, and expenses, including reasonable attorney’s fees in connection with the loss of life, personal injury and/or damage to the Property arising from or out of any occurrence in, upon, or about the Property, occasioned by an act or omission by the Property Owner, Property Owner Agent, Woodruff Beach Association, Woodruff Beach Association Agent, Guests, or Reservation Party.

THE PROPERTY OWNER, PROPERTY OWNER AGENT, WOODRUFF BEACH ASSOCIATION, AND WOODRUFF BEACH ASSOCIATION AGENT SHALL HAVE NO LIABILITY FOR DAMAGES, DEATH, OR INJURY to the Guest or Reservation Party: It is expressly understood and agreed that the Property Owner, Property Owner Agent, Woodruff Beach Association, and Woodruff Beach Association Agent will not be liable for any damages, death, or injury to the Guest or Reservation Party, both inside and outside of the Property, whether on the Property or elsewhere.
THE SUPERVISION AND SAFETY OF ALL CHILDREN ARE THE DIRECT RESPONSIBILITY OF THE GUEST, PARENT OR GUARDIAN, OR CARETAKERS OF ANY CHILDREN ON THE PREMISES, including but not limited to decks, stairs, beach, and any and all other activities on the Property or at the Woodruff Beach Association private beach.

The Guest specifically accepts ALL liability for use of bunk beds on the Property and understands that the Property Owner and Property Owner Agent shall have no liability from any accidents, injuries, or death that may result from the proper or improper use of said bunk beds. The Guest accepts said liability by voluntary use of said bunk beds.

The Guest specifically accepts ALL liability for use of indoor fireplace and/or outdoor fire pit on the Property and understands that the Property Owner and Property Owner Agent shall have no liability from any accidents, injuries, or death that may result from the proper or improper use of said indoor fireplace and/or outdoor fire pit. The Guest accepts said liability by voluntary use of said indoor fireplace and/or outdoor fire pit.

The Guest specifically accepts ALL liability for use of Bear Spray and understands that the Property Owner and Property Owner Agent shall have no liability from any accidents, injuries, or death that may result from the proper or improper use of said Bear Spray. The Guest accepts said liability by voluntary use of said Bear Spray.

The Guest specifically accepts ALL liability for use of Woodruff Beach Association private beach and understands that the Property Owner, Property Owner Agent, and Woodruff Beach Association shall have no liability from any accidents, injuries, or death that may result from the proper or improper use of said Woodruff Beach Association private beach. The Guest accepts said liability by voluntary use of said Woodruff Beach Association private beach.
Access: The Guest or Reservation Party shall allow the Property Owner and/or Property Owner Agent, access to the Property for purposes of repair, inspection, or emergency. The Property Owner shall exercise this right of access in a reasonable manner by giving at least one (1) hour of notice for non-emergencies to the Guest or Reservation Party.
Monitored Alarm: The Guest shall contact the Property Owner as soon as feasibly possible in the event of a false or erroneous fire alarm as a reasonable attempt to prevent dispatching of emergency services. The Guest shall be responsible for any fees or fines associated with dispatching of emergency services for any reason.
Safety Equipment on Premises: The Property is equipped with one (1) first aid kit, five (5) fire extinguishers, one (1) escape ladder, and one (1) bear spray. The Guest will be responsible for replacing any discharged fire extinguisher or bear spray with equivalent equipment at the Guests own expense.
Guest Wi-Fi Access: The Guest and Reservation Party agree to Addendum C of this Agreement by voluntary use of said guest Wi-Fi.

The Guest and Reservation Party specifically accepts that access to Internet and/or Wi-Fi is not guaranteed, and no restitution will be paid to the Guests if Internet access or Wi-Fi is not available or malfunctioning during the Guests stay.

Parties and Events: The Guest shall not rent the Property for the sole purpose of a party, celebration, or event without a written permission from the Property Owner. Parties, celebrations, or events, including but not limited to birthdays, anniversaries, or social gatherings, are strictly prohibited during your stay without prior written permission from the Property Owner.
Noise and Nuisance: The Guest and Reservation Party understand and agree to be respectful to the Property neighbors, including, driving slowly on the road to the Property, not unreasonable or excessive noise, especially in the evening and during the night. Quiet time for the Property is between 10:00 PM and 7:00 AM local time, seven (7) days a week.
Insurance: The Property Owner encourages the Guest and Reservation Party to purchase traveler’s insurance in case of unforeseen circumstances, accidents, or other issues that may prohibit the Guest or Reservation Party from traveling or fulfilling rental terms.

The Property Owner is not responsible for the relocation of the Guest or Reservation Party should the Property become non-habitable due to acts of God such as wildfire, floods, severe weather, earthquakes, and natural disasters, and the Property Owner is not liable for the costs of finding an alternative accommodation or for damages because alternative accommodation cannot be found.
Entire Agreement: This document and any attached addenda constitute the entire Agreement between the parties. No oral statements shall be binding. This Agreement may only be amended by a written document duly executed by all parties. It is the intention of the parties that if any portion of this Agreement is invalid for any reason, such invalidity shall not void the remainder of the Rental Agreement.
Disputes and Jurisdictions: This agreement shall be interpreted under the laws of the State of Michigan. Any dispute under this Agreement shall be resolved in the County of Alcona, State of Michigan. All disputes, controversies or claims arising out of or relating to this contract shall be submitted to mediation or arbitration in the County of Alcona, State of Michigan. If either party brings an Action to enforce its rights under this agreement, the prevailing party may recover its expenses (including reasonable attorneys' fees) incurred in connection with the Action and any appeal from the losing party.
THE GUEST ACKNOWLEDGES THAT THEY HAVE REVIEWED AND UNDERSTAND THE TERMS OF THIS AGREEMENT and the Rules and Regulations attached and agree to be bound by them.
The Guest and the Property Owner acknowledge that electronic acceptance of this Agreement is legally binding acceptance of all terms and conditions, the same as if the Guest had executed the Agreement in person.

ADDENDUM A

House Rules, WAIVER, AND RELEASE OF LIABILITY

Guest understands and agrees that the Property Owner, Property Owner Agent, Woodruff Beach Association, and Woodruff Beach Association Agent, are not responsible for any accidents, injuries, illness, or death that occurs while on Property or its facilities. Guest specifically indemnifies and holds the Property Owner, Property Owner Agent, Woodruff Beach Association and Woodruff Beach Association Agent harmless from any liability. By voluntarily accepting this Agreement it is agreed that the Guest and Reservation Party are expressly assuming the risk of any harm arising from their use of the Property. If any persons in the Reservation Party do not personally sign this Agreement, then the Guest accepts liability for persons in the Reservation Party and hereby waives any Property Owner, Property Owner Agent, Woodruff Beach Association and Woodruff Beach Association Agent, liability on their behalf.
Property Owner, Property Owner Agent, Woodruff Beach Association, and Woodruff Beach Association Agent are not responsible for the loss of personal belongings or valuables of the Guest or Reservation Party at the Property or the Woodruff Beach Association private beach.
Smoking: Smoking is strictly prohibited inside the Property.
Pets: Pets are strictly prohibited on the Property unless written permission is Provided by the Property Owner. Pets are strictly prohibited at the Woodruff Beach Association private beach.
Children: South and Sunset Lodge of Spruce, Michigan is family friendly and welcomes well-behaved children who are respectful of the Property, the Woodruff Beach Association private beach, and our neighbors. Parents hereby agree to supervise their children both indoors and outdoors, especially in and around the stairs, in and around the patio deck, in the bunk bed, around the fireplace, around the fire pit, and at the Woodruff Beach Association private beach.
Plumbing: The plumbing system is very effective; however, it will clog if improper materials are flushed. DO NOT FLUSH anything other than toilet paper. No feminine products or wet wipes should be flushed at any time. Please use only the toilet tissue that is provided. If there is a clog in the system, Guest will be charged damages accordingly.
Guest promises to keep the Property and all furnishings in good order and to leave the Property in the same (or better) condition than when it was rented.
Guest promises to only use appliances and amenities for their intended uses.
Kitchen Use: For your safety, and the protection of Property, Guest shall not deep fry (deep fat fry) food on Property. There is an air fryer available for Guest use.

The Guest or Reservation Party shall not leave food or beverages on Property after checkout.
Rubbish and Refuse: There are rubbish bins outside Property is for refuse when the inside bins are full. Guests shall not dispose of food refuse in any sink, toilet, or shower drain. The Guests shall dispose of food in inside kitchen rubbish bin. Guest shall dispose of all rubbish in the outside bins, secured trash bags, and not allowed to overflow or be exposed without a lid.

Trash collection day is every Friday (or Saturday if on a Holiday). The Guest shall take the trash out to the curb the night before trash collection and return the bins after pickup if staying through Friday, or Saturday. If the Guest checks out Friday or Saturday and the trash has not been picked up, then the Guest checking in that Friday or Saturday must return the bins.
Alcoholic Beverages, Drugs, and Illicit or Illegal Activity: The Guest agrees that there will be no illegal activities on the Property or Woodruff Beach Association private beach including but not limited to: possession, serving or consumption of alcoholic beverages by anyone under the age of 21; or the possession or use of any illegal drugs. Additionally, Guest accepts full responsibility and liability and hereby indemnifies Property Owner, Property Owner Agent, Woodruff Beach Association, and Woodruff Beach Association Agent for anything that happens in reference to the Guest and Reservation Party partaking of any alcoholic beverages, drugs, and illicit or illegal activity on the Property.
Fireworks: Although fireworks are legal in Michigan, they are not permitted on Property or Woodruff Beach Association private beach.
Weather: The Property is an all-season Property in Northern Michigan. The accumulation of snow is common during the fall and winter months and Property Owner does not provide snow and/or ice removal services during Guest stay. The Guest promises to clear snow and ice around the Property using the shovel and salt provided by the Property Owner.
Parking: Guest is welcome to park on the dirt driveway on the north-east side of the Property. The maximum number of vehicles allowed on the Property during the Guest stay is four (4). Parking anywhere but the dirt driveway is strictly prohibited. Parking on the front lawn will cause damage to the septic tile field. Guest understands and accepts all responsibility for damages to the septic tile field, including the full cost of repair or replacement of the septic system, if the Guest or Reservation Party parks on the front lawn.

ADDENDUM B
Woodruff Beach Association RULES, WAIVER, AND RELEASE OF LIABILITY

The Guest and Reservation Party understand and agree that the Property Owner, Property Owner Agent, Woodruff Beach Association, and Woodruff Beach Association Agent are not responsible for any accidents, injuries, illness, or death that occurs while on Woodruff Beach Association private beach or its facilities including but not limited to the dock and floating platform. Guest and Reservation Party specifically indemnifies and holds the Property Owner, Property Owner Agent, Woodruff Beach Association, and Woodruff Beach Association Agent harmless from any liability. By voluntarily accepting this Agreement it is agreed the Guest and Reservation Party is expressly assuming the risk of any harm arising from their use of the Woodruff Beach Association private beach. If the Guest or any persons in the Reservation Party do not personally sign this Agreement, then the Guest accepts liability for the Reservation Party and waives any liability to Property Owner, Property Owner Agent, Woodruff Beach Association, and Woodruff Beach Association Agent, on their behalf.
The Guest and Reservation Party acknowledge and understand that there is no lifeguard at the Woodruff Beach Association private beach and will be swimming or partaking in other water activities at their own risk.
Property Owner, Property Owner Agent, Woodruff Beach Association, and Woodruff Beach Association Agent are not responsible for the loss of personal belongings or valuables of the Guest or Reservation Party at the Woodruff Beach Association private beach.
South and Sunset Lodge of Spruce, Michigan is not affiliated with the Woodruff Beach Association. Acceptance of the Agreement does not constitute a membership in the Woodruff Beach Association. The Guest and Reservation Party understand and agree that they are guests of the Property Owner of address 3735 Little Brook Dr, Spruce, Michigan, 48762.

THE GUEST ACCEPTS ALL LIABILITY AND RESPONSIBILITY FOR ANY FINES OR INFRACTIONS imposed by the Woodruff Beach Association on the Property Owner for acts committed by the Guest or Reservation Party during their stay.

THE GUEST UNDERSTANDS AND ACCEPTS ALL LIABILITY AND RESPONSIBILITY FOR THE FAIR MARKET VALUE of the Property in the event acts committed by the Guest or Reservation Party during their stay results in the Property Owner loosing Woodruff Beach Association private beach privileges and/or to be voted out as members of the Woodruff Beach Association.
The Guest and Reservation Party understand and agree to the following Woodruff Beach Association Rules during their stay:

No private docks, including boat hoists.
Everyone cleans up their own area when they leave the beach.
No dogs allowed on national holidays, otherwise dogs/pets must be on a leash at all times.
If your pet makes a mess clean it up immediately.
No Parking of any vehicle beyond the post on the left of the entrance road. Nor past the telephone guide wire on the right side of the entrance road.
You can use your vehicle to carry items to and from the boat launch area or the campfire area. But you must the remove your vehicle to the designated parking area.
No buildings.
No overnight camping on beach property.
No prolonged/overnight tie up of boats to the association dock. You will be responsible for damages.
This is your recreation area. All members are responsible for the adherence and enforcement of the above rules.
Anyone found in violation of these rules may be voted out of the Woodruff Beach Associate by the board of directors.

ADDENDUM C
Complimentary Guest Wi-Fi Wireless Networking Acceptable Use Policy, RULES, WAIVER, AND RELEASE OF LIABILITY

Guest Wi-Fi Wireless Networking Acceptable Use Policy:

The Property Owner is offering the Guest and Reservation Party, (the “Users”) Wi-Fi wireless Internet service (the “Service”) according to this Agreement as a free, non-public service to its visitors for the duration of their official visits. All users of this Service must agree to the terms of this Policy. The Property Owner does not guarantee the Service or specific rates of speed. The Property Owner also has no control over information obtained through the Internet and cannot be held responsible for its content or accuracy. Use of the service is subject to the user’s own risk. The Property Owner reserves the right to remove, block, filter, or restrict by any other means any material that, in the Property Owner’s sole discretion, may be illegal, may subject the Property Owner to liability, or may violate this Policy. The Property Owner may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Violations of this Policy may result in the suspension or termination of access to the Service or other resources, or other actions as detailed below.

Responsibilities of Service Users:
Users are responsible for ensuring they are running up-to-date anti-virus software on their wireless devices. Users must be aware that, as they connect their devices to the Internet through the Service, they expose their devices to: worms, viruses, Trojan horses, denial-of-service attacks, intrusions, packet-sniffing, and other abuses by third-parties. Users must respect all copyrights. Downloading or sharing copyrighted materials is strictly prohibited. The running of programs, services, systems, processes, or servers by a single user or group of users that may substantially degrade network performance or accessibility will not be allowed. Electronic chain letters and mail bombs are prohibited. Connecting to “Peer to Peer” file sharing networks or downloading large files, such as CD ISO images, is also prohibited. Accessing another person’s computer, computer account, files, or data without permission is prohibited. Attempting to circumvent or subvert system or network security measures is prohibited. Creating or running programs that are designed to identify security loopholes, to decrypt intentionally secured data, or to gain unauthorized access to any system is prohibited. Using any means to decode or otherwise obtain restricted passwords or access control information is prohibited. Forging the identity of a user or machine in an electronic communication is prohibited. Saturating network or computer resources to the exclusion of another’s use, for example, by overloading the network with traffic such as emails or legitimate (file backup or archive) or malicious (denial of service attack) activity, is prohibited. Users understand that wireless Internet access is inherently not secure, and users should adopt appropriate security measures when using the Service. The Property Owner highly discourages users from conducting confidential transactions (such as online banking, credit card transactions, etc.) over any wireless network, including this Service. Users are responsible for the security of their own devices.

Limitations of Wireless Network Access:
The Property Owner is not liable for any damage, undesired resource usage, or detrimental effects that may occur to a User’s device and/or software while the User’s device is attached to the Service. The User is responsible for any actions taken from his or her device, whether intentional or unintentional, that damage or otherwise affect other devices or Users of the Service. The User hereby releases the Property Owner from liability for any loss, damage, security infringement, or injury which the user may sustain as a result of being allowed access to the Service. The User agrees to be solely responsible for any such loss, infringement, damage, or injury.

Terms of Service:
By connecting to the Service, the User agrees to comply with and to be legally bound by the terms of this Policy. If this Policy or any terms of the Service are unacceptable or become unacceptable to the User, the User’s only right shall be to terminate his or her use of the Service.

Lawful Use:
The Service may only be used for lawful purposes and in a manner which the Property Owner believes to be consistent with the rights of other Users. The Service shall not be used in a manner which would violate any law or infringe any copyright, trademark, trade secret, right of publicity, privacy right, or any other right of any person or entity. The Service shall not be used for the purpose of accessing, transmitting, or storing material, which is considered obscene, libelous or defamatory. Illegal acts may subject users to prosecution by local, state, federal, or international authorities. The Property Owner may bring legal action to enjoin violations of this Policy and/or to collect damages, if any, caused by violations.

The user specifically agrees to the following conditions:
The User will use the Service only as permitted by applicable local, state, federal, and international laws. The User will refrain from any actions that we consider to be negligent or malicious. The User will not send email containing viruses or other malicious or damaging software. The User will run appropriate anti-virus software to remove such damaging software from his or her computer. The User will not access web sites which contain material that is grossly offensive to the Property Owner, including clear expressions of bigotry, racism, or hatred. The User will not access web sites which contain material that defames, abuses, or threatens others.

Changes to Service:

The Property Owner reserve the right to change the Service offered, the features of the Service offered, the terms of this Policy, or its system without notice to the User.

ADDENDUM D
KAYAK RULES, WAIVER, AND RELEASE OF LIABILITY

The Guest and Reservation Party fully understand and acknowledge that, like any outdoor sport, participating in paddle sports and use of paddle sport equipment is inherently dangerous and poses risks, dangers, and hazards to anyone participating in such activities.
The Guest and Reservation Party fully understand and acknowledge that the proper or improper use of paddle sport equipment can result in damage to property, injury, or death.
The Guest and Reservation Party
THE GUEST AND RESERVATION PARTY ACCEPT ALL LIABIITY and hereby waive any Property Owner, Property Owner Agent, Woodruff Beach Association, and Woodruff Beach Association Agent of any liability for the use of the paddle sport equipment including but not limited to, kayaks, ores, and personal safety devices.

If any persons in the Reservation Party do not personally sign this Agreement, then the Guest accepts liability for persons in the Reservation Party and hereby waives any Property Owner, Property Owner Agent, Woodruff Beach Association and Woodruff Beach Association Agent, liability on their behalf.
South and Sunset Lodge of Spruce, Michigan has on property, two (2) Lifetime 10’ Kayaks, two (2) ores, four (4) life vests, and one (1) Kayak cart. Only Guests who have paid for kayak rental for their stay are permitted to use the paddle sport equipment.
The Guest and Reservation Party will abide by all Maritime, City or Township, County, State, and Federal laws while using paddle sport equipment.
The Kayaks on the Property will only be transported by hand, or provide cart on the Property, and initially launched from the Woodruff Beach Association private beach. The kayaks MUST NOT be transported to any other location without written permission from the property owner.
The kayaks must be covered and stowed on the back of the Property shed while not in use. The ores must be placed inside the kayak before stowage.