Guest License Agreement (GLA)

 THIS VACATION RENTAL AGREEMENT is between The Lazy Duck Inn LLC of South Dakota doing business at 320 North Lake Drive, Watertown, SD 57201 (“Owner”), of the premises located at 318 North Lake Drive, Watertown, SD 57201 identified as (the “Home”), and the undersigned (“Guest”). Owner grants Guest a license to use the Home on the terms and conditions contained herein, during the period set forth on Reservation Details, and Guest accepts that license. Guest is a Licensee and not a Tenant. Guest does not acquire any interest in the Home or in any personal property therein or thereon. 

1. Reservation and Payment: All reservations must be paid in full at the time the reservation is made unless arrangements have been made with the owners. All reservations require a $300 refundable security/damage deposit payable at the time of the reservation.  Refund will be issued within 5 days of check-out unless damage is detected upon inspection.  If damage is detected, the Guest will be notified within 5 days of check-out.  

Guest License Agreement must be reviewed and signed within 10 days of the reservation. A copy of the agreement will be sent to your e-mail for e-signature via www.ZOHO.com; you need to e-sign the document and send it back to the Owner within the 10 days of the reservation.  Failure to do so will void the reservation.  A copy of a valid driver license, municipal non-driver identification card, or passport must be provided with signed agreement. Access to the Home will not be permitted without Guest identification and a signed Agreement. 

Unpaid reservations will be canceled without notice after the due date. There will be a $35.00 fee for all returned checks. 

All reservations are subject to the following taxes and fees:

–       Watertown City Sales Tax                                 2%

–       Watertown City Bed, Board & Booze Tax           1%

–       South Dakota Tourism Tax                                1.5%

–       South Dakota Sales Tax                                    4.2%

–       Cleaning Fee per visit                                       $125

–       Booking fee                                                      4%

Payments may be made via check, money order or Credit Card

 2. Occupancy: The maximum number of guests is limited to 7. Children under the age of 2 do not count towards the maximum number of guests.  Exceeding the allowed occupancy shall constitute an immediate breach of this Agreement, and shall by default, result in forfeiture of rents and any prepaid security deposit. Guest must be a minimum age of 25 to rent the Home, and only family groups and responsible adults may use the Home. People other than those in the Guest Party as specified below may NOT be at the Home without Owners specific written approval. Guests that misrepresent themselves or over-occupy the Home will be required to leave without refund. 

 3. Use: Guest and Guest(s) must comply with the Use Policy. 

 4. Cancellation Policy: Cancelation requests must be requested in writing by return receipt email or mail.  If Guest cancels or changes the dates or terms of their reservation; the following will apply:

–       Cancelations made 60+ Days from their arrival date, we will provide a 100% refund less booking fee if paid by credit card

–       Cancelations made 30+ Days from their arrival date, we will provide a 50% refund less booking fee if paid by credit card

–       Cancelations made 0-29 Days from their arrival date, we will NOT provide any refund

Cancelation payment will be refunded via check.

5. Refunds: There are no refunds for late check-in or early check-out, bad weather, or illness. Except as expressly provided in this Agreement, no refunds will be given if during your stay the Home is unavailable for any reason outside the Owners control. This includes, but is not limited to, natural disasters or visits by Mother Nature in the form of weather events, insects, mechanical failures, acts of government agencies, or utility outages.  If circumstances cause the Home to be unavailable (for example, Home is sold, damaged, or deemed uninhabitable), we will refund all monies paid.  

7. Access:  A reasonable effort will be made to contact the Guest prior to entry. However, should an urgent situation arise, the Owner(s), it’s agents and its employees reserve the right to enter the property during occupancy without notice for the purpose of effecting necessary repairs or inspection. 

 8. Handicap: This rental property is not handicap accessible. 

 9. Responsibility: Guest is solely responsible for all damage to and/or loss of any personal property (including that of Owner, Guest, and Guest Party), and for all personal injury sustained by anyone during the term of this license as a result of Guest’s use of the Home or any personal property provided by the Owner Guest also authorizes Owner to charge appropriate restitution to the credit card(s) provided to Owner by Guest. Guest shall defend and indemnify and hold the Owner harmless from all claims arising out of, or in any way related to, Guest’s use of the Home or such personal property. Guest is fully liable for all damage, excessive cleaning, or plumbing stoppages, as well as excess cleaning, plumbing stoppages, and damage to the Home or its contents as a result of Guest or Guest Party’s actions or negligence during stay, including, but not limited to, Guest’s obligation to immediately report any and all maintenance concerns to Owner. Guest assumes all risks related to the use of the lake, dock, and/or other recreational activities, devices and machinery. The Owner is held harmless and not responsible for delivery of, quality of, or liability associated with any third-party services or products secured on behalf of or suggested to Guest. This includes, but is not limited to, transportation services, floral arrangements, local activities, food products or vendors, etc. 

 10. Damage Fee: Owner charges Guest a non-refundable damage fee. The damage fee covers a maximum of $1,500 in accidental damage related to the interior of the home and/or the contents therein. Guest must report any loss or damage to the Home or its contents to Owner within 24 hours after its occurrence or this damage will not be covered. The Guest shall be responsible for damage exceeding the covered total. Owner will have the sole authority to determine the extent of repairs necessary. The damage fee does not cover: charges for excessive cleaning; acts of God; intentional acts of GUEST; gross negligence or willful conduct; if Guest does not report the damage to Owner by the time they check out of the house; normal wear and tear; damage or loss caused by a pet or other animal brought to the premises by Guest; fee applies only to the direct physical loss or damage to interior of covered property. It does not cover loss of use of such property; loss or damage to any property owned by or brought to the premises by Guest. The damage fee policy becomes effective upon check-in to the Home. All benefits terminate at the end of documented stay.

 11. Consequences of Breach: Any failure by Guest or Guests of Guest to comply with any of the terms above may result in a forfeiture of Guest’s rights to rent the Home, including immediate eviction from the Home without refund. In addition, Guest is responsible for, and Guest authorizes Owner to bill Guest’s credit card on file for the full amount of, (1) any damage or loss that occurs at the Home during your stay; (2) a charge of up to $500 for violations of the pet policy, including for bringing more pets or different types of pets than specifically authorized; (3) an additional cleaning fee of up to $500 for violations of any of the guest policies above (other than the pet policy) or for excessive cleaning required by the acts or omissions of any Occupant during your stay; and (4) any fines issued by police, other government officials or agencies, utility providers, and/or homeowner associations for violation of any law, ordinance, or rule during your stay, and any damages (which may exceed the amount of fines) that result from the violation. 

12. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of South Dakota, U.S.A, to agreements made and to be entirely performed within the State of South Dakota without regard to its conflict-of-law principles.

13. Dispute Resolution: 

Informal Negotiations- To expedite resolution and control the cost of any dispute, controversy, or claim related to the Terms of Use (each “Dispute” and collectively, the “Disputes”) brought by the Owner or Guest (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiation arbitration. Such informal negotiations commence upon written notice from one Party to the other Party. 

Binding Arbitration- If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved through binding arbitration.  YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under Commercial Arbitration Rules of American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”) both of which are available at the AAA website: www.adr.org. Your Arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumers Rules and, where appropriate, limited by the AAA Consumer Rules.  If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses.  The arbitration may be conducted in person, through the submission of document, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable laws, the arbitration will take place in Codington County, South Dakota. Except as otherwise provided herein, the parties may litigate in court to compel the arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate, or enter judgement on the award entered by the arbitrator.

If for any reason, the Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Codington County, South Dakota, and the Parties herby consent to and waive all defenses of lack of personal jurisdiction, and forum non-conveniens with respect to venue and jurisdiction in such state and federal courts.

If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate and Dispute falling within the portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court competent jurisdiction within the courts listed in the jurisdiction above, and the Parties agree to submit to the personal jurisdiction of the court.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures, and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or other persons.

Exceptions to Informal Negotiations and Arbitration

 The Parties agree that the following Disputes are not subject to the above previsions concerning informal negotiations and binding arbitration: (a) any Dispute seeking to enforce or protect, or concerning the validity of, any of the intellectual properties rights of a Party, (b) any Dispute related to, or arising from allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claims for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate and Dispute falling within the portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed in the jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.  

14. Acknowledgment & Disclaimer; Limitation of Liability.

Acknowledgment & Disclaimer. You acknowledge the Property may have features, amenities, and conditions that are unfamiliar to you and other Occupants you invite to the Property. You further acknowledge that your use of the Property and its amenities may carry inherent risk, including risk of bodily injury, illness or disease, disability, or death. For example, some Properties include natural habitats for wildlife, insects, and pests that may expose you to injury or disease; or docks, stairways, porches, ledges, sea walls, and other unmarked natural or manmade features, amenities, and conditions that carry inherent risk. You agree that, by using the Property or its amenities, you voluntarily and willfully assume those risks and assume full responsibility for the choices you make before, during and after your use of the Property and its amenities. You also acknowledge and agree that you and any other adult Occupants are solely responsible for closely supervising and protecting the health and safety of any and all Occupants that are minors, throughout the duration of your stay.

Disclaimer of Warranties. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE OWNER EXPRESSLY DISCLAIMS ANY WARRANTIES OF SAFETY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND AS TO THE ADEQUACY OF THE DIRECTIONS AND WARNINGS PROVIDED TO YOU.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO CASE SHALL THE OWNER OF THE PROPERTY, NOR THEIR AFFILIATES, NOR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY, ILLNESS OR DISEASE, EMOTIONAL DISTRESS, OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH YOUR STAY AT THE PROPERTY. THIS LIMITATION APPLIES TO ALL CLAIMS FOR DAMAGES WHETHER BASED  ON A THEORY OF WARRANTY, CONTRACT, TORT (INCLUDING ORDINARY NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND EVEN IF THE LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Indemnity. You agree to hold harmless and indemnify the Owner, and their respective affiliates, for and from all claims for property damage, personal injury, illness or disease, or monetary loss resulting from your actions or omissions, and the actions or omissions of other Occupants, during or relating to your stay.

 USE POLICIES 

1. Responsible Renter: As the responsible renter, you agree to be an Occupant of the Home for the entire duration of the rental and leave the Home in the same order, state of repair, and cleanliness as found. All other Occupants will be family members, friends, and other responsible adults, or children accompanied by a parent or legal guardian. You agree to be solely responsible for your actions and the actions of all family members, guests, and invitees (collectively “Occupants”) present at the Home at any time during your stay, and to ensure that all Occupants understand and comply with the Terms. 

 2. Good Neighbor Policy: The Home is a privately owned home, and we enforce a good neighbor policy. Please treat the Home with the same care you would use with your own residence and leave it in the same condition it was in when you arrived. To prevent theft of, or damage to, furnishings or your personal property, you agree to close and lock doors and windows when you are not present at the Property and upon check-out. You and other Occupants agree to conduct yourselves throughout your stay in a manner that is respectful of and not disruptive to neighbors, traffic flow, or the community and that will not prompt complaints to the Owners from police, neighbors, or neighborhood or homeowner associations. Noise audible outside the Home is prohibited between 9:30 p.m. and 8 a.m. You and other Occupants agree to abide by all applicable parking restrictions and limitations; there is no parking on the lawn or grass allowed. 

 3. Lost and Forgotten Items: Owners assumes no responsibility for Guest’s forgotten items, their condition when found, or their return. Upon notification and request to do so from Guest, Owners will make all reasonable efforts at Owners convenience to retrieve any of Guest’s items forgotten at the Home without disturbing subsequent guests. Guest agrees to prepay all shipping costs plus a $20.00 shipping and handling fee upon notification by Owners that items have been retrieved. 

 4. Inventory: The Home is equipped with linens, towels, cooking utensils, pots, and pans. Linens include sheets for all beds listed on the Home’s web page, one bath towel and washcloth per Guest, one bath mat per full bathroom, one hand towel per bathroom, and one kitchen towel per kitchen. Additional quantities of linens are located in the closet in each bedroom. Additional towels are located in the closet in the bathroom. Supplied in the rental Home is toilet paper, paper towels, dish soap, laundry detergent, trash bags, coffee & filters and basic spices.

 5. Conduct: There may be no conduct in the Home that disturbs neighbors or others. No illegal conduct may take place in the Home. Loud music is prohibited. Fireworks are not permitted at the property regardless if permitted by local zoning ordinance. Fires are permitted only in the designated fire pit. 

6. Visitors: The total number of guests shall not exceed the total maximum occupancy of the Home unless Owners granted prior approval. The maximum number of total guests and visitors on property may not exceed 10 people at any one time.  No tents, campers, or motor homes may be used for sleeping at the Home, nor may they be connected to the utilities at the Home. No house parties or large gatherings are allowed. 

 7. Vehicles: There is ample off-street parking, there is no parking allowed on the street.  There is no parking on the grass or lawn.

8. Pets: No pets of any kind are permitted at the Home except bona fide service animals we are required by law to allow. Documentation from a doctor or therapist that affirms the need for a service animal.

9. Smoking: Smoking is not permitted in the Home at any time including but not limited to cigarettes, cigars, vaping, and marijuana. If Guests smoke in the rental Home or leaves evidence that someone during his or her rental period has engaged in smoking in the Home, Guest will be charged a fee of $1,000.00 (One thousand dollars) plus fees for additional cleaning. 

 10. Sewer: Chemicals or substances that could contaminate groundwater should NEVER be flushed or poured down drains. Sewer systems cannot be used to dispose of items other than those for which the systems are intended. Disposable diapers, moist wipes, hair combings, coffee grounds, dental floss, sanitary napkins, tampons, cigarette butts, condoms, gauze bandages, paper towels, food waste, grease, oil, etc., must NOT be flushed or poured down the Home’s drains. These items can clog pipes, resulting in expensive repairs. Guests who fail to comply and compromise these systems will be charged the full cost of professional repair and/or replacement of the system; this may include the cost of relocating subsequent guests until repairs have been made and the Home is once again suitable for occupancy. 

 11. Dock: Unless otherwise stated, a shared dock is provided with the Home However, Guest is solely responsible for ensuring the dock is adequate for their desired use. No watercrafts are to be tied to the dock other than for loading and unloading of occupants. Guest is responsible for any damage caused to watercraft and/or property resulting from the use of the dock.

 12. Cable/Internet: The Homes offer over the air television/smart TV and internet access. Internet access is wireless via a router. These services are offered by the local cable provider which places the function beyond the control of the Owner. No refunds will be offered for any interruption to these services or for any lack of promptness in response time to any interruption of service. Downloading of copyrighted material is strictly prohibited at your rental Home.

 13. Noise, Construction, Insects, or Loss of View: The Owner will not be held responsible for disruptions to Guest’s enjoyment due to construction projects, traffic, neighboring properties, insects, or any other circumstances beyond our control. 

 14. Care of Property: Guest is responsible for maintaining the property in a neat and sanitary condition. Housekeeping during your stay is not provided unless prior arrangements have been made with the Owner. Upon departure, Guest is expected to leave the property tidy, wash and restock all dishes and cooking utensils, remove food from refrigerator, place garbage outside in designated containers, turn off all lights, close windows and lock doors, and set thermostats to 65 degrees. Please do not rearrange the furniture. Guest will be responsible for any damage or losses to the rental property or for additional cleaning fees over normal wear and tear. 

 15. Seasonal Amenities: Seasonal amenities including, but not limited to, seasonal shared dock, patio table and chairs, grill, kayaks, and yard games May 15-September 15^th. The Owner does not guarantee that seasonal amenities are available for any stay outside of this time period.

16. Maintenance or Housekeeping Issues; Property Conditions: Please report any maintenance or housekeeping issues upon arrival. Report damages that occur at the Home within 24 hours of occurrence to the Owner. Maintenance will be provided as soon as is reasonably possible with regards to level of urgency, and we will make every effort to correct any problems that arise during your stay. However, there will be no refunds of rent or fees for mechanical failure of nonessential items such as air conditioners, TVs, DVDs, grills, non-motorized watercraft, recreational games and equipment, deck furniture, dishwashers, washers/dryers, other luxury items. Home has multiple TVs and we will not be provided with a loaner in the event of a failure. A reasonable effort will be made to contact the Guest prior to entry. However, should an urgent situation arise, the Owner reserves the right to enter the property during occupancy for the purpose of effecting necessary repairs or inspection. 

 17. Inaccessible Areas: Certain areas of the Home are unavailable for guest use. These areas may include, but are not limited to, closets, storage areas, and garages. 

 18. Early Check-In and Late Check-Out: Check-in time is 4pm and check-out time is 10am. Early check-in or late check-out are not available unless the Home is updated on the day of arrival that it is ready early, please check with owner.  

 Privacy: We take your privacy very seriously and will not share any information about you with another party. This includes automatically gathered data such as email addresses, credit card information and browser cookies.

 Other Questions Not Addressed Here: Our reservation office hours vary, but we are available seven days a week with few exceptions such as major holidays. Please contact us at (605) 351-9837, or email [email protected] and we’ll be delighted to assist!