RELEASE AND INDEMNITY AGREEMENT

_________________________________________________________, hereinafter "Guest(s)" on the behalf of any and all persons occupying and/or visiting the subject premises (291 South Union Avenue, New Braunfels, Texas (TX) 78130) during the rental period does forever release, acquit and discharge Vacation New Braunfels and/or Susan Phillips hereinafter "Agent", and all other persons, firms, or corporations who might be liable, from all claims, demands, charges, costs of court, including attorney's fees and causes of action of whatever nature from all liability and damage of any kind, whether in contract or in tort.

The short-term "rental period" shall be

 ______________________________________________.

Should Agent have a claim made against either or both of them, Guest(s) agree(s) to indemnify and defend Agent for any such claim and/or lawsuit.

Further, in the event that a claim and/or lawsuit arises out of the subject rental, and Guest(s) has(have) a policy of insurance, Agent shall be considered insureds, and/or Agent shall enjoy the benefits of such an insurance policy as though they were named insureds.

Any dispute arising from the rental shall be governed and construed by the laws of the State of Texas. Venue for any dispute shall be in Guadalupe County, Texas; and any such dispute shall be adjudicated by binding arbitration. The costs and expenses of arbitration shall be shared equally by the parties, and each party shall be responsible for its own attorney's fees.

If any part of this Release and Indemnity Agreement is invalid, the remaining portions shall remain in full force and effect.

I(we) have read and understood this Release and Indemnity Agreement, and have signed this Release and Indemnity Agreement without any advice, recommendation, and/or inducement from Agent.

VACATION NEW BRAUNFELS POLICIES AND PROCEDURES

CANCELLATIONS: A $100 cancellation/administrative fee is charged for any reservation that is cancelled after booking with Vacation New Braunfels. Cancellations for short-term rentals must be made 45 days in advance or you will lose your deposit and one night’s rental. All cancellation for long-term rentals (two or more weeks) must be made two months in advance or you will lose your deposit and one week’s rental. All cancellations will be recorded in a logbook as to date and time of cancellation. There are no cancellation refunds under any circumstances if cancellation guidelines are not met by guest. Reservations are not contingent upon availability or conditions of the water recreational facilities, including but not limited to the Comal and Guadalupe River or Schlitterbahn. There will be NO REFUNDS for shortened stays; you must pay for what you book.
DEPOSIT: The deposit is $1000 per property and is taken by credit card. The deposit will be credited back to your credit card within two weeks after check-out if there are no damages. Excessive partying, nudity, large groups of guests, too many vehicles, loud music, firecrackers or a police call can result in the loss of the deposit and/or eviction. There is also a $50 charge per person exceeding the house’s guest limit. Please do not trespass on the neighbor’s property.
RENT: Is due two weeks prior to check-in along with a signed and dated copy of the Rental Agreement and Policies & Procedures.
CHECK IN TIME: Check in time is 4 p.m. If you would like to check in early CALL FIRST to see if anyone is checking out of your unit and if it is a “turn-over.” Late arrivals check in the following day before 11 am. In the event of unforeseen circumstances we reserve the right to move guests to another property of comparable size and costs at no extra charge to the guest. The guests must comply with the maximum number of guests allowed per property. Vacation New Braunfels has the right to inspect the number of people in your party. Any party exceeding the maximum occupancy is reason for eviction without reimbursement of rent or deposit.
CHECK OUT TIME: Check out time is 11:00 am. We will charge your credit card for $50 for every hour you stay past 11:30 am and at 1:30 p.m. you will be charged an additional day’s rent. Remember we have guests checking in after you.
NON-SMOKING: All of our properties are non-smoking units. Evidence of indoor smoking will result in a $300 charge to your credit card. Outside smoking is permitted but ashtrays must be used. There will be a one dollar fee per each cigarette butt found on the property after your visit.
PETS: Absolutely no pets are allowed inside or outside our properties. If this rule is violated there will be a $500 charge to your credit plus any damages which may occur due to your pet’s behavior.
INVENTORY: A full inventory has been made of the contents of each property’s contents, and an inspection will be made after your check out. Any damage or missing items will be charged to your credit card. Changes are taking place constantly at our properties, such as contents, bed sizes, and prices.
REFUNDS: Vacation New Braunfels does not refund money for early departures for any reason. Vacation New Braunfels acts as the agent for the property owners and does not have the authority to refund money to renters for any reason.

FAIR HOUSING: Vacation New Braunfels complies with all Fair Housing requirements and will not deny any rentals because of race, color, religion, sex, origin, handicap or family status. However, Vacation New Braunfels will not rent to anyone under the age of 23 years old. All reservations must be made by a responsible party age 23 or older or will occupy the property during the reservation period. This party will be responsible for all charges and damage fees. This party will sign the Policies and Procedures Agreement and the Release and Indemnity Agreement.
KEYS AND LOCK OUT PROCEDURES: All keys issued at check in must be returned at check out. There will be a $25 charge for each key we have to replace. After-hour lock-outs result in a $50 lockout fee. There will be a lockbox with the keys inside at each property. Be sure to get the code from management.
GUESTS: Our guests are responsible for the conduct of everyone in the group.
SAFETY: Safety and security are the sole responsibility of the guests. Owner or its agent assume no responsibility or liability for the safety or security of the guests, or for the injury caused by the criminal acts of other persons. Guests should ensure that all doors and windows are locked at all times, and guests must immediately notify Vacation New Braunfels at (830) 609-3776 or (210) 710-0583 if any locks are inoperative. Guests should turn off any appliances when leaving the premises and not store combustibles on premises.
LOST AND FOUND: We are not responsible for any loss of money, jewelry, valuables of any kind or any damages incurred to guests’ vehicles or their contents. If possible, Vacation New Braunfels will return left-behind items at the guest’s expense.
PAYABLE: The guests acknowledge receipt of the services and charges hereon and agree to pay for it on demand in New Braunfels, Texas. These properties are privately owned, and the management reserves the right to refuse service to anyone.
SWIMMING SAFETY: No lifeguards are on duty at our properties. You swim at your own risk. If the property has a hot tub, please keep cover locked when not in use.

This property has a zero tolerance for bad behavior and is for family or adult gatherings only. Any complaints by the neighbors to VNB of if the police are called, the guest will forfeit their deposit. Please adhere to the parking policy on your rental agreement. No more than the alloted number of guests or vehicles are allowed. Thank you, VNB.

READ CAREFULLY BEFORE SIGNING.

After printing and signing this page, you must fax it to 210 342-4646.
Reservations are not final without signing and faxing this agreement.

GUEST(S):