Graffiti Loft Rental Agreement
Please be sure to read this rental agreement (the “Agreement”) in its entirety and the event/vacation rental property you have selected (the “Venue”) may have additional rules, policies, terms and conditions that apply to your stay, which are found in the description section(s) of the Venue listing. If you are booking your Venue through a booking website, Airbnb, VRBO, Peerspace your reservation may also be subject to that website’s terms and conditions.
By booking this Venue you are acknowledging and agreeing to each term included in this Rental Agreement, which specifically includes each of the above-described terms and conditions, as well as any applicable rules, policies, terms or conditions specific to your selected property:
BOOKING TRANSACTION. This Agreement is between The Graffiti Loft and the individual completing this booking transaction for the Venue (“you” or “Guest”). Graffiti Loft represents the owner of the Venue (your “Host”). Graffiti Loft provides the Venue subject to the terms of this Agreement. You agree that you will be present at the Venue for the entire duration of the reservation and that you will be responsible for the actions and behavior of each individual present at the Venue during your stay. This includes ensuring everyone in your party or otherwise present at the Venue (each an “occupant”) is aware of and in compliance with the terms identified in this Agreement. If you are bringing a minor as an occupant, you acknowledge and agree that you are solely responsible for the supervision of that minor throughout the duration of your stay and agree to the terms of this Agreement on each minor’s behalf.
PAYMENT TERMS & CANCELLATION. The total amount due, including the base rates, taxes, and fees are displayed on the checkout webpage for the Venue. Please review these amounts carefully. You may cancel your booking at any time, however, all amounts that have been paid prior to your cancellation will be non-refundable unless specifically indicated otherwise at checkout. Please review the specific cancellation and refund terms in the listing you are reserving prior to checkout as exceptions will not be made once your reservation is confirmed.
ARRIVAL DETAILS & CHECK-IN/CHECK-OUT. Once your booking has been paid in full, you will receive contact information for the primary contact for your stay (your “Host”). Standard Check-in time is anytime after 4 pm and Check-out time is 10 am and please confirm your expected arrival time with your Host. If you or any member of your group fails to vacate the Venue at the designated check-out time, you grant The Graffiti Loft the right to charge the credit card number used to book the Venue for an additional night. Further, The Graffiti Loft or the Host may initiate any and all proceedings necessary to remove you, your occupants, or your belongings from the Venue. The day of your approval you will be texted the door code to the Venue.
DAMAGE. A refundable security deposit of $350 (certain dates/events may have a larger deposit) is due 15 days before the Rental Date. Provided there are no necessary deductions made due to damage to the property or furnishings, excessive dirt or any other mess requiring extra cleaning, or any other cost incurred by the due to the GUEST’S stay, the security deposit will be refunded within the following amount of time after the Check-Out Date: 5 days. If such deductions are necessary, HOST will send GUEST an itemized list, describing the charges, and return any Security Deposit amount leftover, if any amount is leftover. You agree damage not covered by, or exceeding the limit of the security deposit is your full responsibility. This may include damage or loss occurring during your stay, violations of house rules or policies, additional cleaning fees, and/or any fines or other costs incurred by the behavior of you or any other occupant during your stay in violation of laws or other regulations. You grant Graffiti Loft the right to charge the credit card number used to book the Venue for any such damages, including, but not limited to, additional cleaning fees. To ensure that the proper party is held responsible, please notify your Host of any damage found at check-in.
FEES & ADDITIONAL SERVICES. All mandatory and optional booking-related fees will be disclosed in the Venue listing. If you fail to select any option(s) that incur additional fees applicable to your stay (e.g., pet fees, additional guests, etc.) and it is later discovered that you should have paid for such option(s), you grant Graffiti Loft the right to charge the credit card number used to book the Venue for the associated additional fees.
a) The maximum number of people that may occupy the Venue is indicated in the booking reservation. For clarification, this number applies to all overnight guests, day visitors and children. Unless otherwise approved by Graffiti Loft in writing, occupancy over the indicated capacity may result in the immediate removal of you and other members of your party from the Venue and forfeiture of all amounts paid including the security deposit.
b) A $400 charge will incur if events/parties are thrown without prior approval, Graffiti Loft will terminate your reservation and the entire party will be asked to leave immediately.
c) A Nest Camera is installed outside the building so please book the correct amount of guests in your reservation or you will be charged an extra $25 per guest per night.
c) Graffiti Loft may contact local law enforcement when appropriate. You agree to respect the Venuel, neighbors, the surrounding community and to follow all applicable laws, regulations, ordinances and rules, including noise ordinances. You agree to conduct yourself in a manner that does not disrupt neighbors or community members.
CONDITION OF THE PROPERTY. Graffiti Loft cares very much about their Venue and strives to keep it in excellent shape. If you notice any problems, hazardous conditions, housekeeping issues, or maintenance issues, please notify your Host immediately.
HOST ACCESS. You agree to allow your Host and/or their agents reasonable access to the Venue during your stay if requested. Such access may be necessary to resolve maintenance related issues you report. In the event of an emergency, the Venue may be accessed without prior notice or permission.
CLEANLINESS. You are expected to treat the Venue with respect, keeping in mind that this is an individual’s home, not a hotel room. You are expected to leave the Venue in a clean, neat, and orderly condition and respect the Host’s requests regarding check-out procedures.
TRASH: Please throw away your kitchen trash bags in the dumpster on the side of the building. $50 for every bag of trash left in the unit.
DECORATIONS: Decorations are allowed but need to be taken down before checkout. No glitter or confetti allowed and $100 cleaning fee will be charged if used.
PETS: Any pets brought into the home will need to be specifically requested ahead of time. Any pets not requested and found to be staying in the unit will be charged an extra $150. A pet fee is required and the price is dependent on the number of pets and length of stay so please inquire about the price before booking.
SMOKING: This unit is on the 2nd floor and is above a laundromat. This unit allows medical weed to be smoked in the unit from 8 pm - 6 am so that it doesn't disrupt the laundromat during business hours. Vape smoking is allowed anytime and no cigarette smoking allowed in the unit. If cigarette/cigar smoking is found in the unit a $300 charge will be applied.
PERISHABLES: I provide coffees, teas, sugars, and creamer for guest use and there may be unopened canned goods or other perishable foods in the kitchen from previous guests. You are welcome to anything in the kitchen but always check the expiration date before eating anything.
FURNITURE: No furniture is allowed to be moved unless approved ahead of time.
a) UNFORESEEN CIRCUMSTANCES/FORCE MAJEURE. All funds paid to Graffiti Loft are non-refundable unless stated otherwise and no refunds will be due in the event your stay at the Venue becomes impossible for a reason outside Graffiti Loft’s or Host’s control, including natural disasters, fire, epidemic, pandemic, federal, state, or local quarantine, civil commotion, changes in laws or regulations, evacuation orders, or other acts of government agencies. For purposes of clarification, inclement, unfavorable, or even severe weather is not considered a force majeure event under this provision and no refund or credit is due (or will be made) to you.
b) CANCELLATIONS BY GRAFFITI LOFT & SUBSTITUTION OF PROPERTY. In the event that Graffitti Loft or your Host cancels your booking for reasons other than those described in the Force Majeure section above, you will be notified as quickly as possible. In such cases, Graffiti Loft, in its sole discretion, may provide the option to substitute a comparable property selected by Graffitti Loft or refund 100% of any amounts paid to Graffitti Loft. If you accept the substitute property, all rules, policies, terms and conditions specified in the description section for the substituted property shall apply, even if they differ from your original reservation. Graffiti Loft highly recommends that you purchase Travel Insurance to protect against certain types of cancellations, among other risks.
INDEMNITY & HOLD HARMLESS. You agree to indemnify and hold harmless your Host and Graffitti Loft, for any liabilities, claims, damages, injuries, costs or expenses whatsoever arising from or related to your use and/or occupancy of the Venue, including, but not limited to, any claim or liability for personal injury, damage, or loss of any kind resulting from your actions or omissions, and the actions or omissions of other occupants, during or relating to your stay.
ASSUMPTION OF RISK. You and anyone using the Venue during your stay accepts and assumes all risks involved in or related to the use of the Venue, features on the property, activities participated in during your stay on or off the property, amenities provided at the property, or third-party transportation vendors, as applicable, whether or not disclosed in the listing. You understand that travelling and staying in a Venue may increase the likelihood of contracting an infectious disease, such as COVID-19, and you voluntarily assume that risk. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU KNOWINGLY, VOLUNTARILY AND FREELY ASSUME ALL RISKS, BOTH KNOWN AND UNKNOWN, OF THE ABOVE DESCRIBED ACTIVITIES, AND YOU ASSUME FULL RESPONSIBILITY FOR PARTICIPATION IN ANY SUCH ACTIVITIES.
ATTORNEY’S FEES & COSTS. If Graffitti Loft or your Host employs the services of an attorney or attorneys to enforce any terms or conditions of this Agreement, you shall be liable to Graffitti Loft or your Host, as applicable, for reasonable attorney’s fees and costs incurred.
FALSIFIED BOOKINGS. If your booking was made under false pretense, including, but not limited to, a falsified name, age or size of party, you will be subject to immediate cancellation of your reservation, removal from the property, and forfeiture of all amounts paid.
LIMITED SHORT-TERM RENTAL. It is expressly understood and agreed that this is a short-term, transient vacation rental/event and is not a lease or other long-term residential tenancy agreement, and that the Venue is not intended to be utilized as a primary residence. This Agreement is only for the licensed use of the Venue for the stated reservation dates. It creates no property rights in you and no rights to renewal or for recurring usage. If you hold over after the expiration of your reservation dates, your extended stay, if authorized, will be from day-to-day only and will not constitute a renewal or an extension for any further term. In such case, you will be liable for paying for the additional day(s) at a rate equal to two (2) times the nightly rate set for the property on the dates of your holdover, plus the actual costs of re-accommodating future tenants that were scheduled to use the Venue during such dates. You may not sublet the Venue or any part of it and shall not assign any interest (in whole or in part) to this Agreement or any rights hereunder.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL YOUR HOST, GRAFFITI LOFT, OR THEIR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND/OR OWNERS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR STAY AT THE VENUE. THIS LIMITATION APPLIES TO ALL CLAIMS FOR DAMAGES WHETHER BASED ON A THEORY OF WARRANTY, CONTRACT, TORT (INCLUDING ORDINARY NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, EVEN IF GRAFFITTI LOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
CLASS ACTION & JURY TRIAL WAIVER. ANY AND ALL PROCEEDINGS TO RESOLVE CLAIMS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, THE PARTIES EACH WAIVE ANY RIGHT TO A JURY TRIAL.
JURISDICTION & VENUE. This Agreement is made in, and shall be governed solely by the laws of, the State of Missouri without regard to conflict of laws principles. If for any reason a claim proceeds in court rather than arbitration, such action may only be brought in the state or federal courts in St. Louis, Missouri and each party hereby submits to the exclusive jurisdiction of those courts for the purposes of any such proceeding.
GENERAL TERMS.If any section, clause, paragraph, or term of the Rental Agreement is held or determined to be void, invalid, or unenforceable for any reason, all other terms, clauses, or paragraphs herein shall be severed and remain in force and effect. This Agreement shall be binding on and inure to the benefit of the parties hereto and on each of their heirs, executors, administrators, successors, and assignees. This Agreement or any rights hereunder may not be assigned (in whole or in part) by you. This Agreement is taken in full compliance with federal, state, and local Fair Housing Laws, without regard to race, color, religion, sex, country of origin, handicap, or familial status. This Agreement becomes binding upon receipt of your initial payment. Sending payment constitutes your acceptance and agreement to these terms, conditions, limitations, and restrictions.