Terms and Conditions

Terms & Conditions

Irvie Homes LLC Vacation Rental Agreement - Terms and Conditions  These Terms and Conditions, along with the confirmation email We send You after You make Your reservation (“Confirmation Email”), form a binding contract between You and Us, effective as of 24 hours after We send the Confirmation Email to You (“Agreement Date”). In these Terms and Conditions, “Agreement” means these Terms and Conditions and the Confirmation Email collectively. “You” and “Your” means the person or persons making the reservation and those who will be staying at the Property as guests. “We,” “Our,” “Ours,” “Host” and “Us” means Irvie Homes LLC (DBA Irvie Homes), a New Mexico limited liability company as well as the owner and operator of the property you have booked. “Booking Channel,” “Travel Agent,”  “Partner,” Channel Partner” and “Channel” refers to booking platforms such as Airbnb, VRBO, HomeAway, Booking, Trip Advisor, Hotels tonight, Flip Key, Tripping, HomeToGo, OneFineStay, HouseTrip, Casa Mundo, Luxury Retreats, Wimdu, TurnKey, Expedia, and all other similar channel partners.  We market the rental property located at the address identified in the Confirmation Email(“Property”).  You will have a dedicated Host that operates the property and will host you for your stay.  With this Agreement, You and We (collectively, “Parties”) wish to agree on the terms of Your renting the Property on a short-term basis for vacation purposes. Therefore, the Parties agree as follows: 

1. Rejection of Agreement. 

a. By making a reservation and payment on Our website, travel agent (Airbnb, HomeAway etc.) or any other means, You are agreeing to accept or reject this Agreement within 24 hours of Our sending You the Confirmation Email. To reject this Agreement, You must respond to the Confirmation Email at legal@irviehomes.com and notify Us that You wish to reject this Agreement. If You do not reject this Agreement within 24 hours of Our sending the Confirmation Email, You will automatically be deemed to have accepted this Agreement. 

b. Reservations booked the same day as check-in automatically opt in to accept the terms and conditions of this agreement.  If you reject this agreement on a Same Day reservation you must do so prior to checking in to the property and beginning your stay.       

2. Reservation. 

a. Subject to the terms and conditions of this Agreement, You will rent the Property solely for short-term vacation purposes between the “Check-In Date” and “Check-Out Date” identified in the Confirmation Email. Your lease of the Property will start at 4:00 p.m. on the Check-In Date and will end at 10:00 a.m. on the Check-Out Date. You may not check in early or check out late without Our prior agreement. However, We may require check in to occur later than 5:00 p.m. during peak holiday periods.  

3. Guest Verification  

a. Irvie Homes LLC uses AutoHost to verify guests. After booking confirmation you will receive a link for the Guest Verification Portal. You must complete the AutoHost Guest verification Portal including agreeing to Terms and Conditions of the rental and uploading a valid government ID. 

b. You give Irvie Homes and AutoHost permission to perform due diligence on your party, including identity verification, sex offender and watch list checks, and criminal background checks, in order to confirm your reservation. 

c. For stays over 30 days you authorize Irvie Homes LLC to run a credit check. 

d. By agreeing to this rental agreement, you are giving permission to Irvie Homes to conduct a background check and you agree to the terms and conditions of AutoHost 

e. AutoHost privacy policy may be found at https://www.autohost.ai/en/privacy

f. Irvie Homes holds the right to cancel your reservation if you do not pass the AutoHost Verification process.

4. Rent and Other Charges. 

a. You will pay Us the full amount of rent, taxes and other fees stated reservation (collectively, “Total Charges”). Rent may be combined with other Fees.  

b. Payment Deadlines. If Your Agreement Date is less than 60 days before check-in, You authorize Us to charge 100% of the Total Charges to Your credit card when You make the reservation. If Your Agreement Date is 60 days or more before Your check-in date, You authorize Us to charge 50% of the Total Charges to Your credit card when You make the reservation and charge the remaining 50% to Your credit card 60 days before Your Check-In Date (“Second-Charge Date”).  

c. Authorization. You authorize Us to charge Your credit card on file without any further notice to You on the Second-Charge Date. If 100% of the Total Charges are not paid to Us by the Second-Charge Date, We may cancel Your reservation at any time.  

d. Nonrefundable Reservation Fees. “Nonrefundable Reservation Fees” may be combined with Rent and are included in the Total Charges. Nonrefundable Reservation Fees means cleaning fee, extra dirty, early check-in, late check-out, cancellations, travel-agent (Airbnb, booking.com, home away marketing etc.), pet, accidental damage waiver, customer care as stated in the Confirmation Email as well as any other fees (if any) designated in the Confirmation Email. Nonrefundable Reservation Fees are fully earned by Us on the Agreement Date. Except as otherwise set forth in this Agreement or otherwise required by applicable law, We have no obligation to refund the Nonrefundable Reservation Fees to You for any reason, even if: (1) We cancel Your reservation because You failed to pay 100% of the Total Charges by the Second-Charge Date; or (2) You cancel Your reservation (even if You cancel before the Cancellation Deadline referred to below).  

e. Application of Payments. Payments You make to Us are first credited toward the Nonrefundable Reservation Fees (and related taxes), then the rental fees (and related taxes), and then the Security Deposit (defined below). You will pay Us $25 for any returned check.    

f. Payment Name Match. Regardless of the method of booking, the payment method must come from and match the Renter name on the reservation and not a third party.  

g. Security Deposit and Additional Charges. 

i. Certain charges may be designated as a “Security Deposit.”  To the fullest extent permitted by applicable law, We may deduct from the Security Deposit any costs for damages, extra cleaning, or repair of the Property, furniture, and other items in the Property which You cause or permit to occur, plus any sales tax, general excise tax, transient accommodations tax, and any other applicable taxes.  

ii. If the Security Deposit is not sufficient to cover any costs or damages caused by You or for which You are responsible under this Agreement, You will be responsible for paying Us the difference promptly upon Our request.   

h. Short Term Accommodations Insurance Program.   

i. Through Guesty you may have been enrolled in the Short-Term Accommodations Insurance Program. Please refer to the “For The Renter” Addendum of the coverage and benefits of this policy.   The current cost of the policy is $69.00. and provides up to $3,000 of accidental damage insurance.  The cost of this policy may increase in the future.  If there is an increase, it will be reflected within the total amount listed on your reservation.  

ii. Reservations 60 days or over are not eligible for Short-Term Accommodations Insurance Program.  

i. Changes to Reservation. If You request a change in Your reservation (either dates or Property location) and We agree to the change, We may charge You $75, plus applicable taxes and any additional rent charges. We have no obligation to agree to a change in Your reservation.  

5. Cancellations. 

a. A Thirty (30) day notice is required for cancellation for the Renter(s). Cancellations that are made more than Thirty (30) days prior to the arrival date will incur no penalty, less credit card processing fees, if applicable. Cancellations or changes that result in a shortened stay, that are made within sixty (30) days of the arrival date, will forfeit the full payment. In the event the Property Manager cancels the reservation within sixty (30) days of the arrival date, the Renter will receive a full refund. Cancellation or early departure does not warrant any refund of rent.    

b. If your Booking Channel has a different cancelation & Refund policy, then the Booking Channel cancelation policy will be in effect.  

c. We reserve the right to change and modify the dates of our refund policy to be shorter than prior to your reservation.  If a change has occurred, it will be posted on the checkout screen of your reservation and listed under Refund Policy.    

d. All Reservations for over 30 days in duration are not eligible for refunds and are 100% guaranteed.  

e. The host does not accept liability for any inconveniences, delays or your inability to booking in a Unit arising from any temporary or permanent defects or stoppage in supply of water, gas, electricity or plumbing, damage caused by weather, road closures or conditions, construction, natural disasters, disruption or cancellation of your travel, events, conferences or reason for your booking, government orders, pandemics, viruses, illnesses, infestations, water conditions, closings, pollution, acts of God or other reasons beyond our control. No refunds will be given for any delays or cancellations due to such conditions. Accordingly, travel insurance with “cancel for any reason” terms is highly recommended for all bookings and may be purchased through 3rd parties online or with an agent.  Proper documentation of extenuating circumstance (illness, death, etc.) will be required, and final approval will be at the discretion of the host.   

f. To the fullest extent permitted by applicable law: (1) We may cancel Your reservation at any time for any reason, in Our sole and absolute discretion, and if We do so, We will refund You the Total Charges, including the Nonrefundable Reservation Fees; (2) We may move up Your Check-Out Date for any reason in Our sole and absolute discretion, in which case We will refund You a proportionate percentage of the Total Charges, including the Nonrefundable Reservation Fees; and (3) We will not be liable to You for any damages if We cancel Your reservation or move up Your Check-Out Date.  

6. Storm Policy.    

a. No refunds will be given for storms.  

b. We do not issue refunds due to road conditions.  

c. We do not issue refunds due to canceled or delayed air travel.  

7. Holdover. 

a. If You fail to check out and give Us possession of the Property on time on the Check-Out Date, We may charge You daily rent for the time You holdover at a rate equal to the lesser of: (a) 200% of the amount of the daily rent set forth in the Confirmation Email; or (b) the maximum rate permitted by applicable law.  

8. Maximum Occupancy.  

a. Max Occupancy is 2 persons per bedroom unless otherwise noted on the online platform used to book the property.   

9. Intent of Occupancy 

a. Your reservation is intended for a short-term occupancy similar to a hotel property.    

b. You agree that the property will be used on a short-term basis, and you do not intend to make the property a permanent residence.   

10. Accessibility.  

a. The property may require mobility to access all areas of the home.  The property is not guaranteed to accommodate wheelchairs or motorized scooters. There may be multiple stories to the home and there is NOT an elevator. Please make sure prior to booking that you are reserving a room that physically accommodates you. Rooms on the 3rd floor have a fire escape system; by reserving those rooms you agree that you are comfortable to utilize the fire escape system in the event of an emergency.     

11. No Assignment or Subleases.  

a. You may not assign any part of this Agreement, sublease any portion of the Property, or grant any license or right to use any part of the Property. Any attempted assignment, sublease, or grant without Our written consent will be void.  

b. No third-party reservations, You must accompany any other guest(s) while renting the home.  

12. Falsified Reservation.  

a. Any reservation obtained under false pretenses will be subject to forfeiture of advance payment, deposit and/or rental money, and the party will not be permitted to check-in.   

13. Host Access.  

a. If requested, you shall allow your Host access to the Vacation Rental during your stay. Your Host shall exercise this right of access in a reasonable manner.  

14. No Daily Housekeeping Service. 

a. Rates include a one-time linen & towel setup. While linens and bath towels are included with the rental, daily maid service is not. However, such service is available at an additional cost. We do not permit bath towels or linens to be taken from the home or used for spa/backyard use.   

15. Acknowledgment of Premises.    

a. The day of arrival the Renter(s) must notify the host of any undocumented, existing damage within two (2) hours of checking in or otherwise acknowledges that said premises are in good and satisfactory order unless otherwise specified herein. Renter(s)takes premises in its AS-IS condition. Renter(s)agrees not to damage the premises through any act of omission and to be responsible for any damages sustained through the acts or omissions of Renter(s), Renter(s)family or Renter(s)invitees, licensees, and/or guests. If such damages are incurred, Renter(s)is required to pay for any resulting repairs at the same time and in addition any lost rent revenue as a result of such damages.   

b. No refunds for issues reported after check-out.  

16. DISTURBANCES and VIOLATION OF LAWS  

a. Renter(s), guests and invitees shall not use the premises for any unlawful purpose and shall comply fully with all applicable federal, state and local laws and ordinances, including laws prohibiting the use, possession or sale of illegal drugs. Nor shall Renter(s), guests and invitees use the premises in a manner offensive to others. Nor shall Renter(s), guests and invitees create a nuisance by annoying, disturbing, inconveniencing or interfering with the quiet enjoyment of any other renter or nearby residents. Renter(s)agrees to immediately inform the leasing company and the appropriate authorities upon obtaining actual knowledge of any illegal acts on or upon the leased premises.  

b. Guests are responsible for damage done in the room and will be charged full restoration cost plus any lost revenue from being unable to rent the room. Foul smells is considered damage.  

c. Disruptive guests (of any age) may be asked to leave without refund.    

17. Guest Rules. 

a. Although We may provide a starter supply of toiletries and amenities (such as toilet paper, dishwasher detergent, and dish-washing liquid, etc.) as a courtesy, We have no obligation to replenish those items. Additional supplies are Your responsibility.  

b. If the Property is equipped with a telephone or digital television, You may not make long-distance telephone calls or order movie or event programming. You will pay Us any long-distance or other telephone toll charges and any movie or event programming charges incurred, together with a 40% surcharge to cover Our administrative costs.  

c. If the Property is equipped with a television, video player, or related or similar electronics, replacement or repair is not guaranteed, and no refunds will be given for malfunctions of such equipment.  

d. If the property is equipped with a dishwasher, washing machine, dryer or any other large appliance, replacement or repair is not guaranteed and no refunds will be given for malfunctions of such equipment/and or is at the discretion of the homeowner.  

e. You will not give access to or permit any guests or occupants in the Property other than the individual or individuals specifically identified as You in this Agreement.  

f. You assume responsibility for any damages to or theft from the Property, including towels and linens.  

g. You may not place wood, paper, or any other combustible materials in any gas fireplace.  

h. You may not make any alterations to the Property or its improvements, furniture, equipment, or other furnishings.  

i. A Pet Fee is applicable for stays at properties that are Pet Friendly. Guests are responsible for all pet damage, and pet damage is not covered under any insurance protection.   

j. This is a NON-SMOKING / Vape Free property and open flame free environment (including all tobacco and marijuana products).  If it is found that smoking has taken place inside the property, the Renter(s)will forfeit their security deposit and may be charged damages. Smoking/vaping is permitted on the sidewalk or parking lot. Please pick up all cigarette butts and clean any ash from the property or additional cleaning fees may be charged. Violations will result in an automatic $500 fine plus the cost of carpet/upholstery cleaning, and any other damages as a result.  

k. After-hours lockout calls to a locksmith and related expenses incurred are Your responsibility.  

l. Grilling is only permitted on grills. Propane refills may be undertaken only by Us, provided such refills will occur only during normal business following Your request that We do so. Charcoal may not be placed or burned within any gas grill.  Some Properties, especially in forest areas may have fire bans in place, or other grilling restrictions.  It is Your responsibility to check with the county to determine if any restrictions are in place.  If you are unsure it is your responsibility to contact Irvie Homes, or Your home Host.   

m. Quiet time is from 9:00 p.m. to 9:00 a.m.  If a noise complaint is reported, You may be required to immediately vacate the property.  

n. You must maintain the Property in as good a condition as You received it, including but not limited to:

i. keeping the Property safe and clean; 

ii. not causing or permitting any unsafe or unsanitary conditions in the area surrounding the Property; 

iii. disposing of all ashes, rubbish, garbage, and other waste in the provided trash receptacles; iv. properly securing lids on trash receptacles at all times; 

v. not leaving trash on porches, decks, or any other exterior location; 

vi. not destroying, defacing, damaging, or removing any part of the Property or rendering inoperable any smoke detector.  

o. You must promptly notify Us of the need for replacement of or repairs to any stove, fireplace, hot tub, pool, smoke detector, or other appliance or fixture at Property, and any other problems with or at the Property.  

p. We are not responsible for the condition or upkeep, repair, or maintenance of any such common areas.  

q. All non-transient vacation uses (including but not limited to parties, weddings, receptions, and similar events and activities) are strictly prohibited. You may not use the Property or permit the Property to be used in any way that interferes with any other guest’s, tenant’s, or owner’s use and enjoyment of property near to the Property. 

r. You must comply with all other House, Owners’ Association, and other Rules and Regulations applicable to the Property. All such Rules and Regulations are a part of this Agreement and are incorporated into this Agreement by reference.  

s. You will comply with all, and will not violate any, federal, state, and local laws and regulations applicable to the Property. 

t. You are responsible for all items You bring into the property. We can check for Your lost or forgotten items in the property at Our earliest convenience but cannot guarantee lost or forgotten items will be found and returned to You. We are not responsible for Your lost or forgotten items.  

u. We are not responsible for personal lost or stolen items anywhere on or off the property.  Please do not leave valuables unattended. Please make sure your room or the property is locked at all times and your items are not left unattended.  

v. Please lock vehicles and do not leave any valuables within vehicle.    

18. Personal Property 

a. You are responsible for Your own vehicle, including (but not limited to) damage or additional wear and tear resulting from driving (if applicable) and related hazards thereto, and towing or other charges. We do not provide towing or roadside assistance reimbursement, regardless of type of the vehicle or road or weather conditions.  

b. We are not responsible for auto break ins or auto theft.  c. We will not assume responsibility for the damage or loss of any merchandise or articles at the property before, during, or after your stay. We are not responsible for any lost or stolen items.   

19. Internet  

a. We do not guarantee Wi-Fi uptime, speeds or reliability for work or other purposes. No refund will be given due to power outage, fuel, water, gas, steam, refrigerant, sewerage, telephone or internet services due to external factors.  

b. You must not use the service or allow the service to be used: 

i. in any way which breaks any law or the conditions of any license or rights of others. 

ii. in connection with criminal or civil violations of laws, regulations, or other government requirements of any jurisdiction. Such violations include theft or infringement of copyrights, patents, trademarks, trade secrets, or other intellectual property, export control violations, fraud, forgery, pyramid or other prohibited business schemes; and theft, misappropriation, or unauthorized transmission or storage of funds, credit card information, personal information, or online services. 

iii. to make offensive, indecent, menacing, nuisance or hoax calls or to cause annoyance, inconvenience or needless anxiety; 

iv. to send, knowingly receive, upload, download, or use any material which is offensive, abusive, indecent, defamatory, obscene or menacing; or 

v. in any way that we reasonably think is, or is likely to, adversely affect how we provide the service to you or any of our customers. 

vi. We take the types of misuse described in this paragraph very seriously, and you agree to take all reasonable steps to make sure that it does not happen. If we reasonably believe you have misused the service, we may take immediate action to suspend the service or end your agreement with us without telling you first, even if you were not aware that your service was misused.  

c. Security  

i. The service does not prevent you from having extra security e.g. firewalls on your equipment or customer networks. 

ii. Due to the nature of the service, you accept that we cannot guarantee the security of the service against unlawful access or use. You should make sure that you have adequate security to prevent unlawful access to or use of the service, access to your computing equipment or disclosure of confidential information. 

iii. You accept that we do not guarantee the integrity, authentication and confidentiality of the information, files and data (including credit card PIN) you may wish to exchange over the internet.  

20. Trademarks 

a. Our Sites may contain or reference trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes or other proprietary rights of Irvie Homes and/or other parties. No license to or right in any such trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes and other proprietary rights of Irvie Homes and/or other parties is granted to or conferred upon you.  

21. Default. 

You must (and must cause all other guests and occupants of the Property to) abide by Your obligations under this Agreement. If You do not perform any one or more of Your obligations under this Agreement, We may (to the fullest extent permitted by law) evict You before the Check-Out Date and retain all payments made by You (except to the extent We may be required to refund some or all of the Security Deposit to You). We reserve all other rights and remedies otherwise available to Us at law or in equity.  Specifically, if You vacate the premises prior to your agreed upon Check-Out  Date, We will retain all payments made by You (except to the extent We may be required to refund some or all of the Security Deposit to You.)   

22. POOL Rules & Disclosure. 

a. The property may contain access to a pool, hot tub, or other body of water.   If there is access to known or unknown bodies of water the following rules and safety must be observed.   

b. If available, keep all doors and gates to pool area closed to prevent unauthorized access. 

c. Guests must sign liability waiver for pool prior to use. Waiver must be sent to Legal@irviehomes.com 

d. All children under the age of 14 must be accompanied by an adult, per New Mexico State Law. NO LIFEGUARD IS ON DUTY. Life preservers are for emergencies only and not to be used for any purpose other than an emergency. 

e. No food, drinks or alcohol in the pool or Hot Tub. An additional fee will be incurred if the water is to be changed for this issue. 

f. No glass of any kind allowed in the pool room.  Guests will be charged for the cleanup of any broken glass including draining and refilling the pool. 

g. Please keep splashing to a minimum. Excess water may damage the pool deck, furniture, walls and cabinets which may result in additional cleaning or damage costs to you the guest.  If cabinets get wet, please immediately wipe them dry.    

h. All persons using the pool area are expected to keep the area clean and trash-free. 

i. NO DIVING as it simply unsafe to do so! If the pool has a Dicing / Jumping board please note that no headfirst diving is permitted. It is possible to hit your head/body and cause serious bodily injury or death.  When using the jumping board please jump straight and stay within the deep section of the pool. Jumping toward the edge of the pool can result in hitting the side of the pool and may cause serious bodily injury or death. 

j. The pool may have a shallow end and deep end. Please be aware of this! 

k. The hot tub runs on a timed cycle. Please do not shut it off.  

l. Please no confetti of any type allowed in our home. This causes issues with the pool and hot tub and could cause them to not work for your stay. 

m. The use of noodles, water toys etc. should be used with caution and awareness of children playing/swimming in the pool. Please make sure that children can be seen at all times when using the pool. 

n. You are welcome to have music at the pool. Please keep music to a level where you can hear individuals in the pool who may be in distress and need of help. 

o. Hairpins and cutoffs should not be worn in the pool, as they can clog the system. 

p. Smoking of any kind is not allowed in the pool area. 

q. NO animals are allowed in the pool. 

r. Please refrain from sexual activity in the pool or hut tub. s. Shoving, rough playing and running around the pool is not permitted due to safety.  

t. No fireworks of any kind are allowed in the pool area.  

u. Pool parties are prohibited. 

v. Keep all electrical devices away from pool at all times.  

23. SWIMMING POOL DISCLOSURE, GUIDELINES, & PROCEDURES  

a. NEVER LEAVE CHILDREN UNSUPERVISED IN THE POOL OR NEAR THE POOL AREA  

b. Drowning is a serious threat to young children. Young children also suffer from a high number of near drownings that may lead to permanent or severe disability. Most of these incidents occur in the child's own backyard pool. These tragedies must be prevented. SUPERVISION IS THE KEY TO PREVENT DROWNINGS!   

c. Never leave children unsupervised in the pool or near the pool area, NOT EVEN FOR A SECOND! Inform guests in the home of the importance of closely watching children around water. At parties, make sure someone is always watching the children around the pool. Do not count on barriers to keep children from reaching the pool. NO BARRIER IS GUARANTEED! Barriers only slow a child's access to the pool.   

d. IN CASE OF AN EMERGENCY - ACT IMMEDIATELY  

i. SHOUT for help 

ii. PULL the child out of the water 

iii. TAKE the child to the phone and DIAL 911 for help.  

iv. CHECK airway and breathing. If needed, start CPR immediately. CPR can save lives and prevent serious injury.   

24. OTHER SMART TIPS TO PROTECT CHILDREN AROUND WATER   

a. DON’Ts 

i. Keep all doors and gates to the pool area closed and locked if possible.

ii. Do not keep toys, tricycles or other playthings in the spa area. Remove items that a child could use to climb the barrier.  

iii. Do not be distracted by phone calls, doorbells or chores while children are in the pool. Your full attention should be on the children.  

iv. Do not rely on swimming lessons or “floaties” to protect your children.  

b. DOs 

i. Do attend a CPR class. All family members and babysitters should know CPR. For the nearest class, contact your local fire department. 

ii. Do post 911 (or the local emergency number) on all phones.  

iii. Do learn water rescue. Keep lifesaving equipment mounted near the pool, especially if you cannot swim.  

iv. Do lock passageways (such as animal doors) leading to the pool.  

v. Do inspect latches and gates regularly. Keep them in working order.  

vi. Do set a good example. Insist on safety around the pool.   

25. Indemnification. You will indemnify, defend, and hold harmless Us and the owner of the Property from and against all demands, causes of action, claims, losses, liabilities, expenses (including reasonable attorneys’ fees and costs), and damages to persons or property based on, arising out of, caused by, connected to, or related to Your (or any of Your guests’) negligence, willful misconduct, or breach of this Agreement (including but not limited to the Guest Rules). This obligation will survive termination of this Agreement. This applies to use of ladders to access the bunk beds.  

26. Miscellaneous. 

a. Joint and Several Liability. Each person renting or occupying the Property is jointly and severally liable under this Agreement, and We may proceed against any one or more of You without first proceeding against any other.  

b. Integration of Entire Agreement. This Agreement is the final, entire agreement among the Parties pertaining to the subject matter of this Agreement, and supersedes all previous agreements and understandings pertaining to this Agreement or its subject matter.  

c. No Waiver; Amendments. A failure by Us to require strict performance of any provision of this Agreement, or to exercise any right or remedy arising because of a breach, is not a waiver of that breach or any other covenant, duty, agreement, or condition. Any extension or waiver by Us of any provision in this Agreement will be valid only if set forth in writing signed by Us. This Agreement may not be amended or modified except by a written instrument executed by all of the Parties.  

d. Interpretation No provision of this Agreement may be interpreted for or against any Party on the basis that it drafted such provision, and no presumption or burden of proof may arise disfavoring or favoring any Party because of the authorship of any of the provisions of this Agreement.  

e. Severability. If any provision of this Agreement is determined to be invalid, illegal, or unenforceable in any respect for any reason, the validity, legality, and enforceability of that provision in every other respect and the remaining provisions of this Agreement will not, at the election of the Party for whose benefit the provision exists, be in any way affected or impaired.  

f. Applicable Law. This Agreement will be governed by the laws of the State in which the Property is located without regard to the choice of law or principles of conflict of law.  

g. Disputes. 

i. Mediation. If a dispute arises out of or relates to this Agreement, or a breach of this Agreement, which the Parties cannot settle through negotiation (“Dispute”), the Parties will first try in good faith to settle the dispute by mediation administered by the American Arbitration Association (“AAA”) under its Commercial Mediation Procedures before resorting to arbitration, litigation, or some other dispute-resolution procedure. Mediation will take place in the State in which the Property is located. 

ii. Arbitration. Any Dispute which the Parties cannot resolve through mediation with AAA will be settled by arbitration administered by the AAA in accordance with its rules. The arbitrator selected by You and the arbitrator selected by Us will, within 10 days of their appointment, select a third neutral arbitrator. If the arbitrators selected by the Parties are unable or fail to agree upon the third arbitrator, the AAA will select the third arbitrator. Before commencement of hearings, each of the arbitrators appointed will provide an oath or undertaking of impartiality. Arbitration will take place in the State in which the Property is located. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction. References in this Agreement to the possibility of resolving a Dispute with an action or proceeding other than arbitration (for example, in Section 11(h) Jurisdiction) are merely meant to express the Parties’ intent to be as inclusive as possible, are not intended to permit resolution of a Dispute other than by arbitration.  

h. Jurisdiction. The Parties will bring all actions in law, equity, or otherwise arising under this Agreement (or related to the transactions contemplated in this Agreement) and which are not otherwise required to be arbitrated (if any), exclusively in the federal or state courts sitting in the State in which the Property is located, and in no other jurisdiction or venue. Each Party consents to the jurisdiction of such courts. You further agree that personal jurisdiction over You may be affected by service of process by registered or certified mail addressed to the last address that You provided to Us, and that when so made will be as if served upon You personally within the State of New Mexico.  

I. ATTORNEYS’ FEES.    

i. If your Host employs the services of an attorney or attorneys to enforce any conditions of this Rental Policy, you shall be liable to your Host for reasonable attorney's fees and costs incurred by your Host.   

ii. Should it become necessary to employ an attorney to enforce any of the conditions or covenants hereof, including the collection of rentals or gaining possession of the premises, Renter(s)agrees to pay all expenses so incurred, including reasonable attorney's fees and costs and an annual compounded interest rate of eighteen (18%) percent on any outstanding balances.   

27. WRITTEN EXCEPTIONS.  

a. Any exceptions to the above-mentioned policies must be approved in writing in advance.   

28. STVR Good Neighbor Policy. 

i. Quiet hours shall be from 9:00 p.m. to 8:00 a.m., during which time the noise from the STVR shall not unreasonably disturb adjacent neighbors. 

ii. Sound that is audible beyond the property boundaries during non-quiet hours shall not be more excessive than would be otherwise associated with a residential area. 

iii. Guest vehicles shall be parked in the designated onsite parking area. 

iv. The STVR shall not be used for commercial purposes.  

29. COVID-19 Notice and Disclaimer to Guests On March 11, 2020, the World Health Organization declared COVID-19 a global pandemic. COVID-19 has changed a lot about the way We at Irvie Homes do business and the ways in which We interact with guests. While much uncertainty and apprehension around COVID-19 remains, We do know that COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. It may also spread by touching a surface or object that has the virus on it, then touching Your mouth, nose, or eyes. Some evidence suggests that COVID-19 can live on certain surfaces for several days.  

At Irvie Homes, We have implemented various preventive measures aimed to reduce the risk of the spread of COVID-19 among Our guests, homeowners, vendors, and employees. However, We do not guarantee or warrant against the risk of infection.  

None of the information provided herein is intended as medical advice. This Notice and Disclaimer is intended as a warning to our guests of the risk of contracting COVID-19, a disclaimer of Our liability and the liability of Our homeowners associated therewith, and an explanation of some of the things We’re doing to mitigate the risk of the spread of COVID-19, as well as some of the things We believe Our guests can do to help.  

b. Here’s what You can do: 

i. Staying healthy and mitigating the risk of contracting COVID-19 will require Your help. Protect yourself and exercise social responsibility. Maintain at least six (6) feet social distancing from others when possible. Wear a mask, particularly in places like grocery stores and other public-serving businesses. Wash Your hands using soap and water for at least twenty (20) seconds as frequently as possible. Carry hand sanitizer and use it frequently. During Your stay, regularly clean and wipe down high-touch surfaces. Clean and wipe down personal items such as phones and wallets, and clean areas inside of Your vehicles, such as steering wheels. Avoid contact with others who are sick. If You feel sick, isolate yourself from others and seek medical attention.  

30. COVID-19 Waiver

a. You acknowledge the contagious nature of the Coronavirus/COVID-19.

b. You further acknowledge that We cannot guarantee that You will not become infected with the Coronavirus/Covid-19. 

c. You understand that the risk of becoming exposed to and/or infected by the Coronavirus/COVID-19 may result from the actions, omissions, or negligence of myself and others, including, but not limited to Us and other guests and their families. 

d. You voluntarily seek lodging provided by Us, and acknowledge that You are increasing your risk to exposure to the Coronavirus/COVID-19. 

e. You acknowledge that You must comply with all set procedures to reduce the spread while staying at the property . 

f. You attest that: 

i. You am not experiencing any symptom of illness such as cough, shortness of breath or difficulty breathing, fever, chills, repeated shaking with chills, muscle pain, headache, sore throat, or new loss of taste or smell. 

ii. You have not traveled internationally within the last 14 days. 

iii. You have not traveled to a highly impacted area within the United States of America in the last 14 days. 

iv. You do not believe You have been exposed to someone with a suspected and/or confirmed case of the Coronavirus/COVID-19. 

v. You have not been diagnosed with Coronavirus/Covid-19 and not yet cleared as non-contagious by state or local public health authorities. 

vi. You are following all CDC recommended guidelines as much as possible and limiting my exposure to the Coronavirus/COVID-19. 

g. You hereby release and agree to hold Irvie Homes LLC and its property owners harmless from, and waive on behalf of myself, my heirs, and any personal representatives any and all causes of action, claims, demands, damages, costs, expenses and compensation for damage or loss to myself and/or property that may be caused by any act, or failure to act of Irvie Homes LLC, and the property owners, or that may otherwise arise in any way in connection with any services received from Irvie Homes LLC, and the Property Owners. You understand that this release discharges Irvie Homes LLC, and the Property Owners from any liability or claim that You, Your heirs, or any personal representatives may have against Irvie Homes LLC, or the Property Owners, with respect to any bodily injury, illness, death, medical treatment, or property damage that may arise from, or in connection to, any services received from Irvie Homes LLC, or The Property Owners. This liability waiver and release extends to Irvie Homes LLC, the Property Owners, Hosts and all owners, partners, and employees.

31. Exercise Equipment Waiver

a. You understand that the use of the exercise equipment is entirely at your own risk, and you assume all responsibility for any injury, accident, or harm that may occur as a result of my use of the equipment.

b. You agree to follow all posted rules and instructions, if any, for the use of the exercise equipment, including but not limited to rules regarding weight limits, proper form, and safety precautions.

c. You understand that the exercise equipment may present certain risks and hazards, including the risk of physical injury or property damage, and You agree to use the equipment only in a safe and responsible manner.

d. You agree to indemnify and hold harmless Us, Our officers, directors, employees, and agents from any and all claims, damages, or liability arising from my use of the exercise equipment, including but not limited to claims of personal injury or property damage.

e. You acknowledge that You have been informed of the risks and hazards associated with the use of the exercise equipment, and that You have had the opportunity to ask any questions and seek clarification regarding these risks.

32. Pool Waiver 

a. As the guest you acknowledge and agree to the following terms and conditions regarding the use of the pool:

b. You have read, acknowledge, and understand and agree to follow Section 22 and 23 of this agreement.

c. You understand that the use of the pool is entirely at your own risk, and you assume all responsibility for any injury, accident, or harm that may occur as a result of use of the pool.

d. You agree to follow all posted rules and regulations for the use of the pool, including but not limited to rules regarding  no diving, running, horseplay, and use of flotation devices.

e. You understand that the pool does not have a lifeguard on duty, and you are solely responsible for the safety and supervision of yourself and any additional guests using the pool.

f. You agree to indemnify and hold Us harmless, Our officers, directors, employees, and agents from any and all claims, damages, or liability arising from my use of the pool, including but not limited to claims of personal injury or property damage.

g. You acknowledge that you have been informed of the risks and hazards associated with the use of the pool, and that you have had the opportunity to ask any questions and seek clarification regarding these risks.

By agreeing to the Terms & Conditions of this entire agreement you acknowledge that you have read and understand all sections of the above terms and conditions, and that you agree to be bound by them and the agreement in its entirety.