Park & Close to Downtown and Airport - Fort Wayne

GUEST OCCUPANCY AGREEMENT
For Transient Occupancy Properties

This form is to document the terms of a guest's transient occupancy of a unit located within the host’s home. The maximum period of occupancy is 29 days or less. Refer to Indiana Code IC 32-31-2.9-4 which defines the non-applicability of residential landlord-tenant statutes for this type of occupancy. In Sec. 4., the code states “The residential landlord-tenant statutes do not apply to any of the following:” and (4) “Transient occupancy in a hotel, motel, or other lodging” which is applicable to this agreement.

DATE: _________________, 20_____ ,

1. This Guest Occupancy Agreement is entered into by ______________________________ as the BOOKING GUEST
2. The Unit to be occupied by Guest is located at __________________________________, Fort Wayne, Indiana.

TERMS:
3.1 Guest’s occupancy is for the following period:
Check-in _____________________, 20_____ , at [ ] 4pm [ ] other _________ (up to 10pm)
Check-out _____________________, 20_____ , before 11am
Direct Book Only: The occupancy fee for the dates specified is $ ______________
Bookings 1 week or more: Weekly housekeeping and inspection is mandatory. There will be a fee of $25.00 per week $25 x ___ weeks = $__________.
3.2 Guest will vacate the Unit no later than the check-out time. Late checkout subjects the guest to forfeiting the security deposit and trespassing laws. Minimum $25 per half hour. Guests may not return to the property without owner permission.
3.3 If Guest wishes to extend their stay and the Unit is available, a new occupancy agreement is required to be completed in advance of checkout, the occupancy fee and full security deposit must be paid in full to reserve the unit.

4. UNIT RESTRICTIONS: All guests agree to conform to the following limitations on the use of the Unit. Failure to do so will result in steps outlined in section 6.3.
4.1 The Unit will only be occupied during the time period of this agreement by the number of guests listed in the reservation agreement. Minimum "unregistered\unauthorized" guest fee $50.00 per person per calendar date. AirBnb guests that misrepresent "infants" age subject to unregistered guest fee. Maximum registered occupancy is five guests and anything over this number will be considered a party or event which is strictly prohibited. Unregistered guests over the maximum amount will be charged at $100 per unregistered guest per calendar day.
4.2 The agreement is terminated without refund if guests provide any false information or pretenses to obtain occupancy accommodations.
4.3 The Unit will be used for lodging only. Events, parties, business, visitors are prohibited, see 4.1 for unregistered guests. Guests may conduct business via internet or their wireless devices.
4.4 To ensure that the unit, its contents, and resources are at all times kept and maintained in the same condition as found at check in. Guest must ensure the space is maintained at the same level of integrity for future guests, as any losses of confirmed bookings, will be charged to the guests (also see clean expectations 4.4C and 5.11). For AirBnb bookings, also refer to Terms of Service section 11.1.
A) The entire property is designated as a SMOKE FREE CAMPUS (this includes ANY type of SMOKING) due to city ordinances that specify the minimum distance from habitable structures. Guests may use their vehicles or the park pavilion to prevent smoke from entering doors or windows of the home. This will also include any items that leave a lingering strong smell, such as perfumes or cooking foods. A minimum $100 recovery cleaning fee will be charged for the extensive cleaning required to decontaminate the guest space to a smoke or odor free condition. The fee may result in forfeiting the full security deposit at host’s discretion based on severity and time to restore.
B) No animals are allowed on the property or in the Unit. Refer to section 8.5. A minimum $100 recovery cleaning fee will be charged for the extensive cleaning necessary to decontaminate the guest space to an animal free condition. The fee may result in the full security deposit at host’s discretion.





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C) I do not charge a separate cleaning fee, so please adhere to the standards of cleanliness as noted in section 4.4 and this section. Promptly cleanup any spills or messes as they occur, no wet or dirty shoes on unit floors, especially if sidewalks have been salted. No bleach or related acne products, hair colorants or dyes, treatments, dressings, or oily products, etc. that damage or result in extra cleaning to linens, sink, bathtub or other resource. Any extra cleaning or restoration resulting from disregard of rules or respect of the property and contents will be charged at a minimum $25 hour or incident, and \ or replacement costs, if the item cannot be restored to its state prior to check in.
D) One bed per registered guest. Extra beds and other resources should not require cleaning or the extra cleaning fee will be assessed as stipulated in section C. Guests should not bring their own beds or bedding into the space without host permission. This step is to eliminate the risk of contamination and infestation. The extra cleaning fee resulting in recovery and decontamination will be assessed as stipulated in section 4.4 A) and B).
E) No alternations to the unit, contents, or property are allowed including moving or rearranging items without permission.

4.5 Guests will not engage in any activity that violates any federal, state, county, or city laws or ordinances during the stay, whether inside the unit, on the property, or in the neighborhood.
4.6 No guest mail or deliveries to the address of the unit. The guest may not use or provide the address or door code of the unit to anyone other than the guests listed in this agreement. Any actions that compromise the security of the host and the host’s property including unlocked front door incur a $100 per incident charge.
4.7 Firearms or anything capable of discharging a projectile, weapons, or flammable materials are prohibited from being on the property or in the unit. No cooking appliances should be used other than those provided by the host.
4.8 Alcohol in moderation only. No drunkenness, disruptive, disorderly, objectionable, disturbing, threatening, and obnoxious conduct that is a nuisance, risk, threat, or danger to the unit, property, host, or neighborhood, or any activities that puts the host in an uncomfortable situation. Never access the neighbor's property; guest actions outside the unit should be invisible to the neighborhood.
4.9 Quiet time observed between 10pm and 8am using indoor voices and Tvs or other media on low volume. Children should not run while in the home or jump, including provided resources. Bunk beds, airbeds or office chairs are not toys.
4.10 No minors should be left unaccompanied in the unit.
4.11 Guests should park front of the unit or designated extra parking spaces as designated by the host. Do not park in front of neighbor’s homes or block their access to their homes or driveways.
4.12 No tampering, interfering, hacking, adding, deleting, or disabling any security or smart devices, networks, accounts, channels, apps, etc. Compromising security, safety, resources, etc. will result in $25.00 charge per device or incident, along with eviction.
4.13 No photos or recording the unit, contents, home, property, or host without permission.

5. GUEST(S) AGREE:
5.1 Each guest must evaluate the listing for their needs and assess any risks prior to booking.
5.2 To promptly pay all obligations when due.
5.3 In order for the space to be reserved or occupancy to be obtained, the total amount of booking and deposit must be paid in full (direct bookings). As the calendar is blocked by confirmed bookings and discounts may be applied, once the reservation is confirmed, No REFUNDS or modifications will be applicable that cancels the reservation or reduces the reservation length. It is strongly recommended that guest obtain travel insurance as the host is not responsible for any difficulties that prevent guests from arriving or staying at the unit for the length of the confirmed reservation.
5.4 Guests are granted occupancy to stay in the unit; guests do not have possession of the unit.
5.5 Guests are responsible to protect or insure their own personal property. The host is not liable for any damages or losses.
5.6 The booking guests will hold harmless the host against any and all claims and liability for injury or death to any persons on or about the property.
5.7 The booking guest will occupy the premises during length of the agreement and take full responsibility for the acts of anyone accessing the unit. See also 4.1 under unit restrictions.
5.8 To depart the Unit and remove all guests and personal property by check-out time.
5.9 Each guest must evaluate the listing for their needs and assess any risks prior to booking. To give immediate notice to host of, or the potential for, theft, damage, failure or waste of any resource or utility, and\or any dangerous conditions in or on the property.



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5.10 To pay for all costs related to damages, misuse, waste, negligence, extra cleaning, and recovery of the unit (to prior condition at the time of check in), or any other losses of provided resources, utilities, and property. Utility waste charges will apply if the unit temperature exceeds 75F degrees or lower than 70 degrees, doors or windows left open, or air conditioners are not turned off if a guest leaves for more than one hour. Charged at $25 per incidence. Items will be funded using the security deposit at a minimum $25.00 per incident. The decision to repair or replace an item is determined at the host’s discretion. Outages by utility or service providers are beyond my control and do not constitute reasons for refunds.
5.11 To pay for any loss of revenue from confirmed bookings due to late checkout or any guest actions that cause the unit to be not suitable for occupancy.

6. SECURITY DEPOSIT: Direct Bookings: The booking guest agrees to pay the host thru PayPal a deposit in the amount of $400.00.
6.1 After guest check out, the host will concurrently inspect the Unit and its contents for any damage or missing items, and deduct the cost to repair the damage and replace the missing items from Guest’s security deposit.
6.2 The security deposit at the termination of occupancy as described in this agreement may also be held and used by the host for any unpaid charges or fees outlined in this agreement.
6.3 If the host’s opinion deems that the listing is used in an irresponsible manner by the guests or any actions that compromise the safety of the host and property, including any violations of this agreement, unit restrictions, house rules, or instructions posted in the unit, the host reserves the right to request all guests to vacate the space with forfeiture of all money, deposits, and rents.

6.4 For direct bookings: If there are no issues reported to the booking guest by the host, the host agrees to refund thru their PayPal or applicable account within twenty-one days of the date the guest vacated the property. Otherwise, if there were issues, any remaining the security deposit balance, if any, will be refunded only after all replacements, restorations, or repairs are completed to host’s satisfaction.

7. HOST REMEDIES:
7.1 Upon failure of Guest to pay obligations when due, abide by this agreement, or depart the Unit by check-out time, host may:
A) Enter the Unit notify and remove any Guests.
B) Take possession of the Unit and remove any personal property of Guest remaining in or around the Unit;
C) Re-key and\or delete access codes to the doors;
D) Make the Unit available to accommodate other guests with reservations for the Unit.
Refusal to leave subjects the guest to implied denial of entry by the host and removal by law enforcement per trespassing laws;

8. GENERAL PROVISIONS:
8.1 The venue for any action arising under this agreement will be in Fort Wayne, Indiana..
8.2 If an action is instituted to enforce this agreement, the prevailing party will be charged attorney and court fees.
8.3 Any departure of the booking guest from the unit of more than 12 hours terminates the lodging relationship and agreement without refund.
8.4 Host will make reasonable attempt to notify the guest of any need to access the unit. In the event of reasonable cause, host has right of access to the unit at their discretion.
8.5 Bringing any animal on the property is prohibited due to common areas accessing the space and safety hazards to the host and property (see unit restrictions for decontamination charges). This listing is a private home that the owner occupies so the host is not required to conform to ADA and FHA rules regarding service animals. Also, Indiana codes regarding emotional support animals IC 22-9.5-3-1 exempts an owner-occupied home from accepting emotional support animals. Note that IC 22 requires a legally prescribed and signed document by a licensed practitioner. It also dictates charges and fines for anyone misrepresenting an emotional support animal.








Date: _______________, 20____

Guest's Printed Name: _________________________________

Signature: _____________________________________

Driver’s License Number: _________________________ State: _____________ Expiration: ___________________

Street Address, City, & Zip from DL: _________________________________________________________________________

Date of Birth: ________________________________

License Plate #_________________________ State __________________ Expiration Date: ____________________


Host verified IDs at check in [ ] Date____________ Time______________

Legal names of other occupants AND ages:

2. ______________________________________________

3. ______________________________________________

4. ______________________________________________

5. ______________________________________________