LEASE - TEXAS

KEY TERMS

  1. “Booking Date” means <%= booking_date %>.
  2. “Hospitality Provider” means <%= supplier_name %>.
  3. “Guest” means <%= guest_name %> (<%= guest_email %>).
  4. “Premises” means a <%= unit_type_name %> unit at the Property.
  5. “Property” means <%= property_name %> at <%= property_address %>.
  6. “Check-In Date” means <%= start_date %>.
  7. “Booking Period” means <%= start_date %> to <%= end_date %>, beginning on the Check-In Date and ending on the Check-Out Date, as it may be extended.
  8. “Check-Out Date” means <%= end_date %>.
  9. “Customer Fees” means <%= customer_fees %>.
  10. “Advance Fees” means <%= advance_fees %>.

AGREEMENT

This Lease (hereinafter “Agreement”) is entered into as of the Booking Date between Hospitality Provider and Guest through the booking process on the UrbanDoor, Inc. (“UrbanDoor”) platform with key terms inserted in this Agreement from the Confirmed Booking created therein on the Booking Date (the Confirmed Booking is hereby made part of this Agreement). Any defined terms used in this Agreement that are not defined herein have the meanings provided in the Confirmed Booking, the UrbanDoor Customer Agreement and the UrbanDoor Provider Agreement or as otherwise noted. The Confirmed Booking, the UrbanDoor Customer Agreement and the UrbanDoor Provider Agreement located on UrbanDoor’s website are hereby made part of this Agreement. Together Guest and Hospitality Provider are referred to herein as the “Parties.”

  1. ELECTRONIC SIGNATURES; ACCEPTANCE BY HOSPITALITY PROVIDER

    The Parties agree that they will enter into this Agreement by electronic means. Guest will enter into this Agreement by completing the booking process on the UrbanDoor platform. Hospitality Provider will enter into this Agreement through the process set forth in the Hospitality Provider Agreement between Hospitality Provider and UrbanDoor. Guest will be fully liable for all obligations arising under this Agreement, and Hospitality Provider may enforce the provisions of this Agreement as against Guest if, for any reason or by any means, Guest obtains access to the Premises before such time as this Agreement has been entered into by Hospitality Provider.
  2. CONTINGENCY

    If Guest is informed during the UrbanDoor booking process that a background check is required, then UrbanDoor will conduct a background check on Guest. To the extent such background check is required, this Agreement is contingent upon Guest’s satisfaction of the background check criteria. The background check criteria may include criminal history, rental history and credit history. Upon notice from UrbanDoor that Guest has not satisfied the background check criteria, this Agreement shall be deemed cancelled and of no further force and effect, and the Advance Fee shall be refunded to Guest.
  3. PREMISES

    Hospitality Provider will make the Premises available to Guest during the Booking Period for use as Guest’s personal residence and for no other purpose.
  4. BOOKING PERIOD

    1. Booking Period. This Agreement will be for the period commencing on the Check-In Date and ending on the Check-Out Date, unless sooner terminated as provided in this Agreement or as allowed by applicable law.
    2. Check-In. Unless waived in writing by Hospitality Provider, within seven (7) calendar days after the Check-In Date, Guest will meet with Hospitality Provider’s management employees in the management office of the Property. Guest will bring to this meeting a valid government-issued photo ID (such as a driver’s license or passport) for purposes of verification of Guest’s identity, and a copy of the photo ID may be retained by Hospitality Provider. Guest will be provided copies of any Property-specific materials during this meeting.
    3. Delay of Possession. Guest understands that, for reasons beyond the control of Hospitality Provider, Hospitality Provider may not be able to provide occupancy to Guest on the Check-In Date if, for example, a former tenant of the Premises who has given notice to leave cancels the notice or fails to leave by the scheduled date. If, for any reason, Hospitality Provider is unable to provide the Premises to Guest by the scheduled Check-In Date, cancellation of this Agreement by Hospitality Provider will be subject to UrbanDoor’s cancellation policy set forth at https://www.urbandoor.com/terms/cancellation-policy/.
    4. Extension of Booking Period. During the initial UrbanDoor booking process or by providing notice to the UrbanDoor concierge at least 31 days prior to the initial Check-Out Date, Guest may request that the Booking Period is extended on a month-to-month basis after the initial Check-Out Date. To the extent available, Guest’s updated reservation will reflect the revised Check-Out Date and the applicable Customer Fees. If the requested extension is not available, Guest must adhere to the normal check-out departure procedures and must move-out on the initial Check-Out Date. Guest understands that the availability and pricing during the extension period is subject to change and is not guaranteed by Hospitality Provider. During the extension period, Guest will continue to pay the applicable Customer Fees in accordance with Section 5 below. If either Guest or Hospitality Provider elects to terminatethis Agreement during the extension period, the terminating party will provide at least 31 days’ prior notice to the other party, and such termination will be effective as of the date that is indicated in the updated reservation.
    5. Holding Over. If Guest fails to return possession of the Premises to Hospitality Provider on or before the date that Guest’s right of occupancy or possession ends or the date on this Agreement terminates, then (i) Guest is deemed to be holding possession beyond the term of this Agreement, (ii) Guest’s legal status is that of a hold over tenant at sufferance, and (iii) Guest shall be obligated to immediately remove all of Guest’s property and persons occupying the Premises, return all keys and access devices and deliver possession of the Premises to Hospitality Provider in clean condition and good order and repair.
  5. PAYMENT OF CUSTOMER FEES

    1. Guest will pay to Hospitality Provider and UrbanDoor, as the case may be, the Customer Fees (in the amounts set forth in the Confirmed Booking). The Customer Fees will include the Accommodation Fee, any additional fees (such as fees for parking, pets or other a la carte items), plus taxes and the UrbanDoor Customer Service Fee and all other amounts due, as further set forth in the Confirmed Booking.
    2. The Customer Fees paid to Hospitality Provider and UrbanDoor will be paid through a third-party payment processor (the “Processor”); the payment portal for the Provider can be accessed via the UrbanDoor platform. Guest will pay the Customer Fees in full, in advance, thirty (30) days before the first day of each calendar month via credit card or ACH transaction through the Processor. If any payment tendered by a Guest is, for any reason whatsoever, returned unpaid by the credit card company or bank upon which it is drawn or charged back to Hospitality Provider, Guest will be charged an additional fee of $30.00 for each returned transaction.
    3. If any amount due under the Agreement is not been received within five (5) days after its due date, Guest will pay to Hospitality Provider a late charge of $50.00 (the “Late Charge”). Guest agrees that it would be impractical or extremely difficult to fix the actual damage to Hospitality Provider and that the Late Charge is a reasonable estimate of the actual damages suffered by Hospitality Provider a result of late payment.
    4. Payment of each sum due is an independent covenant. When Hospitality Provider receives money, Hospitality Provider may apply it, at Hospitality Provider’s option and without notice, first to any Guest’s unpaid obligations, then to current fees. Hospitality Provider may do so regardless of any notations or when the obligations arose. After the applicable due dates, Hospitality Provider does not have to accept any payments.
  6. ADVANCE FEE

    Guest will pay the Advance Fee (as calculated in the Confirmed Booking) through the Processor at the time of booking. This amount may be paid by credit card or ACH transaction. If Guest fails to pay the Advance Fee (or if payment of the Advance Fee is cancelled or reversed), Hospitality Provider will have no obligation to provide the Premises to Guest and Hospitality Provider may rescind this Agreement and keep any portion of funds that Guest has paid (if any) necessary to compensate Hospitality Provider for Guest’s breach of this Agreement.
  7. MOVE-OUT OBLIGATIONS

    At termination of this Agreement, Guest must (a) give Hospitality Provider all keys and other opening devices to the Premises, including any common areas; (b) surrender the Premises to Hospitality Provider empty of all personal property and persons; (c) vacate any parking area, as applicable; (d) deliver the Premises to Hospitality Provider in the same condition as received, reasonable wear and tear excepted; (e) clean the Premises to the level of cleanliness as received; (f) and give Hospitality Provider written notice of Guest’s forwarding address.
  8. UTILITIES

    Except as otherwise provided, payment of gas (if applicable), electricity, basic internet, water, sewer and trash charges will be the responsibility of Hospitality Provider. With respect to the utilities to be paid by Hospitality Provider, Guest will not make excessive or unreasonable use of such utilities. If Guest does make excessive or unreasonable use of such utilities, Hospitality Provider may bill Guest for such excessive or unreasonable use and said billing will become due and payable, in full, as additional fees together with the regular Customer Fees on the first day of the month next following the date of such billing. In the event of a dispute as to any such charges, Guest will pay the disputed amount as required, but may file a Small Claims Court action for a refund and, if such Court determines that the amount charged by Hospitality Provider is excessive, Hospitality Provider will promptly refund any such overcharge. Guest will not use any utilities in the common areas of the Property for their own personal use without written consent of Hospitality Provider. Hospitality Provider may interrupt utility service as needed to avoid property damage or to perform necessary work or repairs.
  9. RECYCLING

    Guest agrees to cooperate in all recycling efforts at the Property and comply with applicable laws and Rules regarding recycling.
  10. OCCUPANCY

    During the booking process, Guest has provided to Hospitality Provider the names of all persons who will occupy the Premises (each, an “Occupant”) and the total number of Occupants of any age who will occupy the Premises. Unless otherwise provided in the Confirmed Booking, the Premises will be occupied only by Guest and the Occupants, and in no event will more than two people per bedroom plus one additional person occupy the Premises. Therefore, unless otherwise specified, the occupancy of the Premises will not exceed the following: (a) two people for a studio unit; (b) three people for a one bedroom unit; (c) five people for a two bedroom unit; and (d) seven people for a three bedroom unit. No other persons have permission to occupy the Premises unless such permission is in writing and signed by Hospitality Provider or its authorized agent. Guest will cause all Occupants to comply with this Agreement, and Guest will be responsible for any breach of this Agreement by the Occupants. Any individual who is not named as a Guest or Occupant will be deemed to be invitees of Guest. If the household composition changes such that the number of occupants exceeds this occupancy standard, Guest agrees that such over-utilization will be grounds for Hospitality Provider to terminate this Agreement, solely at Hospitality Provider’s option.

    OCCUPANCY OF THE PREMISES BY UNAUTHORIZED INDIVIDUALS IS STRICTLY PROHIBITED AND SHALL CONSTITUTE A MATERIAL DEFAULT UNDER THIS AGREEMENT AND GROUNDS FOR EVICTION.

  11. ASSIGNMENT AND SUBLETTING

    Guest will not assign this Agreement nor sublet all or any part of the Premises. Permitting any person other than an Occupant or Guest to occupy the Premises will be deemed an improper subletting of the Premises and may result in termination of this Agreement. Guest may not advertise the Premises on Airbnb, Couchsurfing, Craigslist, or any other advertisement or listing service. Any assignment, subletting or transfer (whether by Guest’s voluntary act, operation of law, or otherwise), will be void, and Hospitality Provider may elect to treat it as a non-curable breach of this Agreement.
  12. ACCESS TO PREMISES

    Upon advance written notice to Guest, Hospitality Provider will have the right to enter the Premises during normal business hours for the purpose of: (a) making necessary repairs, improvements, or renovations to the Premises, to an adjacent unit or for the benefit of the building in which the Premises are located; (b) supplying necessary or agreed services; (c) showing the Premises to prospective or actual purchasers, mortgagees, tenants, workmen or contractors; or (d) for any other purposes permitted by applicable statutes or amendments. The Parties hereby agree that twenty-four (24) hours’ notice is presumed reasonable, although the Parties acknowledge that a shorter time period may also be reasonable under some circumstances. In the case of an emergency, or Guest’s abandonment or surrender of the Premises, Hospitality Provider or its agent may enter the Premises at any time without first securing Guest’s prior permission. If Guest denies Hospitality Provider access to the Premises when Hospitality Provider is entitled to access, such denial will be deemed a material breach of this Agreement.
  13. FURNISHINGS

    Hospitality Provider has furnished the Premises in accordance with UrbanDoor’s standards for serviced apartments. Guest is responsible for any damage to or loss of any furnishings or other items in the Premises.
  14. RESIDENTIAL USE OF PREMISES

    The Premises will be used for residential use only. Guest will not use the Premises as a business address, nor will Guest conduct business activities on the Premises. Conducting business activities includes, without limitation, using the Premises as a mailing address for a business enterprise, having a business telephone line in the Premises, meeting with business clients at the Premises, having business stationery setting forth the address of the Premises as a business address, assembling or manufacturing any product upon the Premises, or otherwise holding out the Premises as the address of any business.
  15. COMPLIANCE WITH APPLICABLE LAWS

    Guest will not use or permit the Premises to be used for any purpose which violates local, state or federal law, or engage in any illegal acts upon the Premises or the Property. Guest will reimburse, DEFEND, INDEMNIFY AND HOLD HARMLESS Hospitality Provider for all fines or other penalties incurred by Hospitality Provider as a result of Guest’s violation of any statute, ordinance, regulation or other governmental restriction.
  16. COMPLIANCE WITH RULES

    Guest will be provided with a copy of the Property Rules (“Rules”), which Rules are incorporated into and made a part of this Agreement. Guest will abide by said Rules in all respects. The Rules are subject to modification from time to time, and Guest will be bound by such modifications when notified thereof. Failure to comply with the Rules will be deemed a breach of this Agreement.
  17. CONDUCT OF GUEST

    Guest will not harass, annoy, or endanger any other guest, neighbor or other person, or create or maintain a nuisance, or disturb the peace or solitude or quiet enjoyment of any other guest, neighbor or other person, or commit waste in or about the Premises.

    Guest will not harass, verbally abuse, denigrate or otherwise disrespect Hospitality Provider’s employees, agents and/or contractors or interfere with the operations of the Property or the work of Hospitality Provider’s employees or agents.

    Guest will not engage in certain acts that are considered to be contrary to the safety, well- being, peace, and enjoyment of the other guests or residents of the Property. These include, but are not limited to: the use, possession or sale of illegal drugs or controlled substances or manufacturing, delivering, or possessing a controlled substance or drug paraphernalia; engaging in using threatening violence; possessing a weapon prohibited by state law; discharging a firearm in or near the Premises; and except when allowed by law, displaying or possessing a gun, knife, or other weapon in an outside area, or in a way that may alarm others..

    Guest will not carry or exhibit firearms on the Property except as permitted by Texas law or expressly allowed in the Rules.

    Guest will not deface or damage any part of the Premises or the Property or permit the same to be done or keep any flammable or explosive materials or any substance considered dangerous, hazardous or toxic under any governmental law or regulation in the Premises.

    Guest will not do or permit anything to be done in the Premises that may be hazardous or which will cause a cancellation of or an increase in the premiums for any insurance for the Property.

    Guest is responsible for the conduct of Guest, Occupants and their respective guests or invitees while they are on the Property. Any violation of this paragraph or any other provision of this Agreement by Guest, an Occupant or their respective guests or invitees will be a breach of this Agreement.

  18. SMOKING

    1. Guest will comply with all applicable laws and Rules regarding smoking on the Premises. “Smoking” means inhaling, exhaling, breathing, or carrying any lighted cigar, cigarette, e-cigarette, or other similar lighted product (whether tobacco, marijuana, or any other substance) in any manner or in any form.
    2. Although Smoking may be prohibited at various locations at the Property, Hospitality Provider does not provide or guarantee a smoke-free environment and nothing in this paragraph will be deemed a guarantee that Guest will not be exposed to smoke while on the Property.
    3. To the extent Smoking is allowed anywhere in the Property, a Guest who smokes, or allows Smoking by the Occupants or their respective invitees or guests, must ensure the smoke does not disturb the quiet enjoyment of other guests or residents. Secondhand smoke may seep and drift through open doors, windows, and ventilation ducts, which may constitute a disturbance to those guests or residents who do not smoke, particularly those with health and allergy-related sensitivities.
  19. CONDITION OF PREMISES-ALTERATIONS

    Hospitality Provider will deliver the Premises in good and habitable order and repair. Guest will not make any alterations or improvements to the Premises without the prior written consent of Hospitality Provider. All additions, fixtures and improvements will be Hospitality Provider’s property and will remain upon the Premises after the termination of the Agreement unless Hospitality Provider, as a condition to allowing Guest to make such alteration, requires that the Premises be restored to the condition existing prior to such alteration or addition. Guest will not install additional or different locks or gates on any doors or windows of the Premises without written permission of Hospitality Provider. If Hospitality Provider approves Guest’s request to install such locks, Guest agrees to provide Hospitality Provider with a key for each lock.
  20. DUTY TO CLEAN AND VENTILATE

    Guest hereby acknowledges that mold and mildew can grow in the Premises if the Premises are not properly maintained and ventilated. Guest will regularly allow air to circulate in the Premises by using bathroom fan(s), using ceiling fans, where available, and regularly opening the windows and/or sliding doors where available. Guest shall replace air conditioning filters at least once each month. Since it is common for mold and mildew to grow if even a small amount of moisture builds up, Guest also agrees to clean all toilets, sinks, counter-tops, showers, bathtubs and tile or linoleum floors with a household cleaner on at least a bi-weekly basis. Guest will notify Hospitality Provider immediately whenever Guest learns of any condition which could lead to a build up of moisture in the Premises, including, but not limited to plumbing leaks, broken window or door seals, accumulation of rainwater or other moisture around windows or doors, broken water lines or sprinklers, inoperable fans, doors or windows and/or any failure or malfunction in the heating, ventilation or air-conditioning system in the Premises. If Guest notices mold, mildew or other organic growth in the Premises, Guest will notify Hospitality Provider, in writing, immediately. Guest will be liable to Hospitality Provider for any damage resulting from Guest’s failure to comply with the requirements of this paragraph.
  21. PACKAGE RELEASE

    Guest and the Occupants give Hospitality Provider and its agents permission to sign for and accept any parcels or letters that may be sent to Guest or Occupants, whether anticipated or unanticipated, through UPS, Federal Express, Airborne, United States Postal Service, hand deliveries, or the like. Hospitality Provider is not responsible for any lost, damaged, or unordered deliveries. Nothing in this paragraph, however, obligates Hospitality Provider to accept any packages on behalf of Guest or the Occupants and Hospitality Provider may choose not to do so.
  22. PESTS AND PEST CONTROL

    The Premises and/or the Property may be covered by a contract for regular pest control service. If so, Guest may be provided with a copy of a notice provided by the registered pest control company.

    1. Hospitality Provider has inspected the Premises prior to delivery to Guest and found there is no visible evidence of the presence or infestation of insects or vermin including bedbugs in the Premises. Guest will inspect all personal belongings for signs of bedbugs and other insects or vermin prior to bringing personal belongings into the Premises and will not bring into the Premises any belongings which Guest suspects may be infested with bedbugs, insects or other vermin.
    2. Guest will maintain the Premises in a manner that prevents the occurrence of an infestation of insects and vermin, including bedbugs, and comply with Rules and other policies relating to the prevention of infestations. Guest will report any signs of bedbugs, ants, fleas, roaches, or other insects or vermin immediately to Hospitality Provider.
    3. If Guest allows individuals or items carrying bedbugs, fleas, roaches or other insects or vermin into the Premises, or has an infestation that cannot be traced to another source, such infestation will be deemed damage to the Premises and Guest will be responsible for all costs of treatment to the Premises, personal belongings and surrounding units as necessary to eradicate the infestation. The choice of treatment will be at the discretion of Hospitality Provider in consultation with Hospitality Provider’s pest control vendor.
    4. Guest will cooperate with all pest control efforts at and within the Premises and the Property. Guest will follow all instructions from Hospitality Provider and/or Hospitality Provider’s pest control company with respect to treatment and eradication whether infestation is in the Premises, another unit or elsewhere on the Property.
  23. BED BUGS

    1. Bed Bug Appearance: Bed bugs have six legs. Adult bed bugs have flat bodies about 1/4 of an inch in length. Their color can vary from red and brown to copper colored. Young bed bugs are very small. Their bodies are about 1/16 of an inch in length. They have almost no color. When a bed bug feeds, its body swells, may lengthen, and becomes bright red, sometimes making it appear to be a different insect. Bed bugs do not fly. They can either crawl or be carried from place to place on objects, people, or animals. Bed bugs can be hard to find and identify because they are tiny and try to stay hidden.
    2. Life Cycle and Reproduction: An average bed bug lives for about 10 months. Female bed bugs lay one to five eggs per day. Bed bugs grow to full adulthood in about 21 days. Bed bugs can survive for months without feeding.
    3. Bed Bug Bites: Because bed bugs usually feed at night, most people are bitten in their sleep and do not realize they were bitten. A person’s reaction to insect bites is an immune response and so varies from person to person. Sometimes the red welts caused by the bites will not be noticed until many days after a person was bitten, if at all.
    4. Common signs and symptoms of a possible bed bug infestation:
      1. Small red to reddish brown fecal spots on mattresses, box springs, bed frames, mattresses, linens, upholstery, or walls.
      2. Molted bed bug skins, white, sticky eggs, or empty eggshells.
      3. Very heavily infested areas may have a characteristically sweet odor.
      4. Red, itchy bite marks, especially on the legs, arms, and other body parts exposed while sleeping. However, some people do not show bed bug lesions on their bodies even though bed bugs may have fed on them.

    For more information, see the Web sites of the United States Environmental Protection Agency and the National Pest Management Association.

  24. REPORTING INFESTATIONS

    Guest is required to report, in writing, any suspected infestations to Hospitality Provider immediately after discovery. Guest will report any signs of any infestations, including, but not limited to any household member experiencing any bites, seeing any insects or other vermin within the Premises or seeing any feces or other detritus relating to insects.
  25. ATTORNEY’S FEES

    In any legal action brought by either party to enforce this Agreement or relating to the Premises, the prevailing party will be entitled to all costs incurred in connection with that action, including reasonable attorney fees, expert witness and consultant fees, and costs and expenses.
  26. NOTICE OF MAINTENANCE ISSUES

    Guest will promptly notify Hospitality Provider of water leaks, mold, electrical problems, malfunctioning lights, broken or missing locks or latches, utility malfunctions and other conditions that pose a hazard to property, health or safety. Such notice can be submitted in writing to the community office, through the maintenance request process on the UrbanDoor platform, or through the Property’s resident portal (if any). Compliance with oral requests for repairs or maintenance does not waive the requirement for written notice under this section.
  27. SIGNIFICANT DAMAGE TO OR DESTRUCTION OF PREMISES

    1. If the Premises or Property are damaged by fire, flood or other casualty, necessitating repairs that require Guest to vacate the Premises for any length of time, in the sole and absolute discretion of Hospitality Provider, Hospitality Provider will have the option either (1) to repair the damage or otherwise restore the Premises, with this Agreement continuing in full force and effect, or (2) give notice to Guest, at any time after such damage occurs or repairs become necessary, terminating this Agreement as of a date to be specified in such notice. Hospitality Provider will not be required to repair any damage by fire or other cause or to make any repairs of any property installed in the Premises by Guest.
    2. If Hospitality Provider elects to terminate, this Agreement will expire and all interests of Guest in the Premises will terminate and Hospitality Provider will have no obligation to pay lodging costs or other expenses to Guest after the Check-Out Date. If Hospitality Provider elects to repair the damage and/or make the significant repairs and continue this Agreement in full force and effect, the “Duty to Cooperate” and “Significant Repairs” provisions of this Agreement will apply.
  28. SIGNIFICANT REPAIRS

    1. If the Premises requires significant renovations, improvements or repairs (such as, by way of example only and not by way of any limitation, tenting for termites, treating for pests or other vermin, replacing plumbing or electrical wiring, repairing fire damage, etc.) which require Guest to vacate the Premises for any length of time, Guest must vacate the Premises as needed and otherwise cooperate with Hospitality Provider in its efforts to perform the work. To the extent possible, Hospitality Provider will give Guest at least ten (10) days written notice of the need to vacate the Premises, which notice will include Hospitality Provider’s best estimation of the length of time Hospitality Provider anticipates Guest will need to be absent from the Premises.
    2. Guest will vacate the Premises for the time necessary for the work to be completed and, if Guest needs to be absent from the Premises for more than eight (8) hours in any twenty-four (24) hour period, relocate to alternative housing of the Hospitality Provider’s choosing. Hospitality Provider will be responsible to pay for the alternative housing; however, Guest will remain responsible for all fees while Hospitality Provider is paying for alternative Premises. If Guest elects to relocate temporarily to lodging other than that designated by Hospitality Provider, then Hospitality Provider will have no obligation to pay the cost of such housing, which will be at Guest’s sole cost and expense; although Guest will have no obligation to pay fees during the time the Premises are not available to Guest during the repairs if Hospitality Provider is not paying for the alternative lodging, except as provided below.
    3. If the work or repairs are required because of the conduct of Guest or the conduct of Guest’s household, invitees or guests (such as misuse of plumbing, causing a fire, etc.), then Hospitality Provider will be relieved of its obligation to pay for alternative premises set forth above and Guest will remain responsible for both fees and the cost of alternative lodging during the time when Guest must vacate the Premises for any work to be completed.
  29. SAFETY CONCERNS

    1. Hospitality Provider makes no representations or guarantees to Guest concerning the security of the Premises or the Property. The presence of courtesy patrols, patrol cars, access gates, surveillance cameras or other deterrents do not guarantee that crime can or will be prevented. All such systems are subject to personnel absenteeism, human error, mechanical malfunctions and tampering. Guest is responsible for planning and taking action with respect to the safety of Guest, Occupants and property.
    2. Hospitality Provider may install surveillance cameras in some of the common areas of the Property. These cameras may or may not be monitored and the footage recorded by these cameras may or may not be kept by Hospitality Provider for any length of time. Hospitality Provider may remove such cameras, or install additional cameras, at any time without notice to Guest.
    3. Hospitality Provider has no obligation to obtain criminal background checks on any guest or other occupants of the Property and is not responsible or liable for criminal background or actions (whether past, present or future) of any person, even if Hospitality Provider has actually run a criminal background check on such person. Background checks are limited to the information actually reviewed and are not a guarantee that a person with a criminal background does not reside at the Property or that someone living on the Property will not commit a crime in the future.
    4. Guest agrees to report immediately all suspected or actual criminal activity at the Property to the appropriate local law enforcement agencies and, after doing so, to Hospitality Provider, and will provide Hospitality Provider with such law enforcement agency’s incident report number upon request. If Guest receives a copy of any law enforcement agency’s incident report for an incident that occurred on the Property and said incident impacted the Premises, the Property or other guests or residents at the Property, Guest will provide a copy of said incident report to Hospitality Provider upon request.
  30. LIABILITY

    Hospitality Provider and UrbanDoor will not be liable to Guest, the Occupants or any guests or invitees of Guest for any damage or losses to person or property arising from any cause including, but not limited to, theft, burglary, assault, vandalism, fire, flood, water leaks, rain, hail, ice, snow, smoke, lightning, wind, explosion, interruption of utilities, earthquake, war, demonstrations, or any other condition over which the Hospitality Provider has no control.
  31. INSURANCE

    Guest acknowledges that Hospitality Provider’s insurance does not cover Guest’s liability, personal property or vehicles. Guest will comply with UrbanDoor’s insurance requirements set forth at https://help.urbandoor.com/en-us/categories/insurance-ByIZ_sRsX.
  32. PETS

    No animals are permitted unless they are authorized in the Confirmed Booking (“Permitted Pets”). Other than Permitted Pets, pets may not be brought upon the Premises, whether such pets belong to Guest or to any other person. This provision does not apply to service animals. A disabled individual who requires an animal in order to be able to use and enjoy the Premises or the Property should contact Hospitality Provider before bringing the animal onto the Premises and request an accommodation to this provision. All accommodation requests will be processed in accordance with applicable laws.
  33. PARKING/GARAGE/VEHICLES

    Guest will not have any parking rights unless it is included in the Confirmed Booking. If Guest has parking rights, such parking will be unassigned (unless expressly provided in the Confirmed Parking) and limited to the parking area specified in the Confirmed Booking. The parking area may not be used for operation of a business or as an extension of the living area of the Premises. Hospitality Provider reserves the right to temporarily or permanently change Guest’s parking area and to assign another to Guest with five (5) days’ notice to Guest. Hospitality Provider may require use of parking stickers or other devices to control parking. Parking spaces may be used only for parking passenger automobiles or light utility vehicles. If a garage has been assigned to Guest as his or her parking area, Guest must park in it to maximize non-garage parking space for others. Guest may use Guest’s garage secondarily for storage, but only if it does not interfere with Guest’s ability to park in the garage. Garage doors must be kept closed and locked unless Guest is entering or exiting the garage. Vehicles not kept in compliance with applicable rules, regulations and law are subject to towing at the vehicle owner’s expense. A vehicle may be towed if it: (a) has flat tires or other condition rendering it inoperable; (b) is leaking fluids; (c) has no current license or no current license sticker; (d) takes up more than one parking space; (e) belongs to a Guest who has surrendered or abandoned the Premises; (f) is parked in a marked handicap space without the legally required handicap insignia; (g) blocks another vehicle from exiting; (h) is parked in a fire lane or designated “no parking” or “restricted parking” area; (i) is parked in a space reserved for other guests; (j) is not properly parked in a designated area; (k) blocks access to a garbage area, entrance, driveway, other parking spaces, or other area; (l) cannot lawfully be operated as a vehicle on the road; (m) has a malfunctioning alarm or has an alarm which is not silenced within 10 minutes; (n) is parked in a designated visitor or office parking space; or (o) any other reason allowed by law. Gasoline, fuels or other explosive materials may not be stored anywhere in the Premises or common areas. Guest will be responsible for oil stains and other damage caused by Guest’s or the Occupants’ vehicles. Parking is at the risk of the vehicle owner or operator. Hospitality Provider will have no liability for damage to or loss of any vehicle, any personal property contained within a vehicle or a garage. Parking spaces may not be available for guests or they may be limited in number and location. Guest may install an electric vehicle charging station only with Hospitality Provider’s advanced written consent, which will be granted or withheld in Hospitality Provider’s sole discretion, except as otherwise provided by law.
  34. SMOKE DETECTOR(S)

    Guest acknowledges that the Premises are equipped with operable smoke detector(s). Guest will not interfere with the presence or operability of such smoke detectors and will report immediately to Hospitality Provider, in writing, any defects in the condition of any smoke detectors.
  35. CARBON-MONOXIDE DEVICES

    If a carbon-monoxide device has been installed within the Premises, Guest is responsible for notifying Hospitality Provider if Guest becomes aware of an inoperable or deficient carbon-monoxide device within the Premises. Hospitality Provider will correct any reported deficiencies or inoperabilities in the carbon-monoxide device. Guest will not interfere with the presence or operability of any carbon-monoxide device.
  36. OWNER/MANAGER DISCLOSURE

    Hospitality Provider’s property manager is authorized to manage the Premises and is authorized to act on Hospitality Provider’s behalf to receive service of process, notices, and demands.
  37. INDEMNITY/HOLD HARMLESS:

    GUEST WILL DEFEND, INDEMNIFY AND HOLD HOSPITALITY PROVIDER AND URBANDOOR HARMLESS FROM ANY CLAIMS ARISING OUT OF ANY DEATH OR INJURY TO ANY PERSON, OR ANY DAMAGE TO PROPERTY, IF SUCH INJURY OR DAMAGE IS CAUSED DIRECTLY OR INDIRECTLY BY THE ACT, OMISSION, NEGLIGENCE, FAULT, OR BREACH OF THIS AGREEMENT OF GUEST, THE OCCUPANTS OR THEIR RESPECTIVE GUESTS OR INVITEES.
  38. RESPONSIBILITIES OF HOSPITALITY PROVIDER:

    1. Hospitality Provider will act with customary diligence to:
      1. keep common areas reasonably clean;
      2. maintain fixtures, hot water, heating, and A/C equipment;
      3. substantially comply with all applicable laws regarding safety and sanitation; and
      4. make all reasonable repairs, subject to Guest’s obligation to pay for damages for which Guest is liable.
    2. If Hospitality Provider violates any of the above, Guest may possibly terminate this Agreement and exercise other remedies under Texas Property Code Section 92.056 by following this procedure:
      1. all fees must be current and Guest must make a written request for repair or remedy of the condition after which Hospitality Provider will have a reasonable time for repair or remedy;
      2. if Hospitality Provider fails to do so, Guest must make a second written request for the repair or remedy (to make sure that there has been no miscommunication between us)—after which Hospitality Provider will have a reasonable time for the repair or remedy; and
      3. if the repair or remedy still hasn’t been accomplished within that reasonable time period, Guest may immediately terminate this Agreement by giving Hospitality Provider a final written notice. Guest also may exercise other statutory remedies, including those under Texas Property Code Section 92.0561.
  39. SECURITY DEVICES

    Texas law requires, with some exceptions, that Hospitality Provider provides Guest when occupancy begins, without additional cost: (1) a window latch on each window; (2) a doorviewer (peephole) on each exterior door; (3) a pin lock on each sliding door; (4) either a door handle latch or a security bar on each sliding door; (5) a keyless bolting device (deadbolt) on each exterior door; and (6) either a keyed doorknob lock or a keyed deadbolt lock on one entry door. Keyed lock(s) will be rekeyed after the prior guest moves out. The rekeying will be done either before Guest moves in or within 7 days after Guest moves in, as required by statute. If Hospitality Provider fails to install or rekey security devices as required by law, Guest has the right to do so and deduct the reasonable cost from Guest next fee payment under Section 92.165(1), Texas Property Code. Subject to some limitations, under Texas law Guest may at any time ask Hospitality Provider to: (1) install one keyed deadbolt lock on an exterior door if it does not have one; (2) install a security bar on a sliding glass door if it does not have one; and (3) change or rekey locks or latches. Hospitality Provider must comply with those requests, but Guest must pay for them. HOSPITALITY PROVIDER WILL CHARGE A FEE FOR REPLACING KEYS WHEN THE GUEST VACATES THE PREMISES.
  40. EVENTS OF DEFAULT:

    Guest’s right to remain in possession of the Premises is conditioned on Guest’s timely and full performance of each of Guest’s obligations under this Agreement and applicable law. Guest will be guilty of material breach of this Agreement if Guest: (a) fails to pay any Customer Fees or other sums payable under this Agreement on the date they become due; (b) defaults in the performance of or breach of any other provision, term, covenant or condition of this Agreement; (c) vacates or abandons the Premises before expiration of the full term of this Agreement, or any extension of the term; (d) permits the leasehold interest of Guest to be levied upon or attached by process of law; (e) makes an assignment for the benefit of creditors; or (f) supplies any false or misleading information to Hospitality Provider. If Guest defaults or holds over, Hospitality Provider may end Guest’s right of occupancy by giving Guest at least a 24-hour written notice to vacate. Termination of Guest’s possession rights or a later reletting does not release Guest from liability for future fees or other obligations under this Agreement. After giving notice to vacate or filing an eviction suit Hospitality Provider may still accept fees or other sums due; the filing or acceptance does not waive or diminish Hospitality Provider’s right of eviction or any other contractual or statutory right. Accepting money at any time does not waive Hospitality Provider’s right to damages, to past or future fees or other sums, or to Hospitality Provider’s continuing with eviction proceeding. In an eviction proceeding, fees are owed for the full Booking Period and will not be pro rated.
  41. NOTICES

    Notice may be given by: (a) U.S. First Class mail; (b) certified mail, return receipt requested; (c) personal delivery to any Guest; (d) personal delivery at the Premises to any Occupant 16 years of age or older; (e) affixing the notice to the inside of the Premises’ main entry door; or as otherwise permitted by Texas Property Code 24.005. Notice by mail under (a) or (b) will be considered delivered on the earlier of actual delivery, or three (3) days (not counting Sundays or federal holidays) after the notice is deposited in the U.S. Postal Service with postage. Except as prohibited by law, any notice that Hospitality Provider gives to Guest will be deemed properly served. Service upon Guest will be deemed valid service upon all the Occupants - it is not necessary to serve each Occupant individually unless otherwise required by law.
  42. WAIVER

    Hospitality Provider’s failure on any occasion to require strict compliance with any provision of this Agreement or to exercise any rights arising under this Agreement will not be deemed a waiver of Hospitality Provider’s right subsequently to enforce any such provision or to insist upon any such right. The fact that Hospitality Provider may have accepted late payment(s) on one or more occasions will not be deemed a waiver of Hospitality Provider’s right to insist upon timely payment of fees or to exercise any remedy available for late payment of fees. Acceptance of fees following a breach of this Agreement will not be deemed to constitute a waiver of such breach. No custom or practice which may develop between the Parties in the course of the tenancy will be construed to waive the right of Hospitality Provider to enforce any provision of this Agreement.
  43. TIME IS OF THE ESSENCE

    Time is of the essence with respect to the provisions of this Agreement.
  44. LIABILITY

    Guest will be liable for all obligations arising under this Agreement, whether or not he or she remain in actual possession of the Premises. Guest is solely responsible for paying all amounts due under this Agreement; Hospitality Provider will have no obligations to collect from any Occupants. Hospitality Provider’s acceptance of fees from any other individual will be deemed to be the payment of fees on behalf of Guest and will not constitute permission for the person making the payment to occupy the Premises. Notwithstanding anything to the contrary set forth in this Agreement, the Customer Fees and all other amounts due from Guest under this Agreement and the Confirmed Booking will be considered fees for use and occupancy of the Premises. Any cancellation by Guest will be subject to UrbanDoor’s cancellation policy set forth at https://www.urbandoor.com/terms/cancellation-policy/.
  45. ENTIRE AGREEMENT

    This Agreement sets forth the entire agreement among the Parties with respect to the matters set forth in it. It will not be altered nor modified unless such alteration or modification is in writing and signed by all signatories to this Agreement. No verbal agreements or representations have been made or relied upon by either party or any agent or employee of either party, and neither party nor any agent or employee of either party is entitled to alter any provisions of this Agreement by any verbal representations or agreements to be made subsequent to the execution of this Agreement. The foregoing notwithstanding, if Guest hold over after the end of the Booking Period on a month-to-month holdover basis, Hospitality Provider may change any provision of this Agreement without the consent of Guest in the manner prescribed by applicable law.
  46. PARAGRAPH HEADINGS

    The paragraph headings are inserted only for convenience and are not intended to define or limit the scope or intent of any clause.
  47. SEVERABILITY AND PROVISIONS REQUIRED BY LAW

    If a provision or paragraph of this Agreement is legally invalid, or declared by a court to be unenforceable, such provision or paragraph will be deemed deleted and the rest of this Agreement will remain in effect. To the extent any provision of this Agreement is in direct conflict with any provisions of applicable law, such provision is hereby deleted. Any provision specifically required by applicable law which is not included in this Agreement is hereby inserted as an additional provision of this Agreement, but only to the extent required by applicable law and then only so long as the provision of the applicable law is not repealed or held invalid by a court of competent jurisdiction.
  48. SUBORDINATION

    This Agreement and all rights of Guest arising under it are expressly agreed to be subject and subordinate in all respects to the lien of any present or future mortgages which are or may be placed upon the Property and to all other rights acquired by the holder of any such mortgage(s). As used in this paragraph, the term “mortgage” will include deeds of trust or any similar security interest.
  49. SUCCESSORS IN INTEREST

    If the Property is sold or the ownership interest otherwise transferred, the successor in interest of Hospitality Provider will be deemed the assignee of all rights arising under this Agreement, and will be entitled to enforce the provisions of this Agreement against Guest. Nothing in this provision will be construed as conflicting or superseding the foregoing subordination or as requiring a continuation of the tenancy in the event of a foreclosure or other involuntary transfer of ownership.
  50. NON-DISCRIMINATION

    There will be no discrimination against or segregation of, any persons on account of race, color, national origin, religion, gender, familial status, disability or any other protected classification under state or federal law, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Premises.
  51. REQUESTS FOR REASONABLE ACCOMMODATIONS

    If Guest believes Guest or a member of Guest’s household requires an accommodation or modification as a result of a disability, Guest should contact Hospitality Provider to begin the interactive process.
  52. REMEDIES

    If Guest defaults under this Agreement, Hospitality Provider has the right to exercise all remedies permitted under this Agreement or applicable law. Hospitality Provider may elect to terminate Guest’s rights under this Agreement, and recover from Guest all damages Hospitality Provider incurs as a result of the default, including the cost of recovering possession of the Premises, commissions, advertising expenses and other costs incurred because of Guest’s breach of the Agreement and the fees and other amounts due through the end of the Booking Period and any other amount necessary to compensate Hospitality Provider for Guest’s breach of the Agreement, minus amounts Hospitality Provider reasonably could have avoided. All remedies specified in this Agreement for noncompliance or breach are cumulative.
  53. CREDIT

    A negative report reflecting on credit record may be submitted to credit- reporting agencies if Guest fails to fulfill the terms of Guest’s obligations under this Agreement.
  54. CLASS ACTION WAIVER

    GUEST AGREES THAT ANY CLAIM THAT HE OR SHE MAY HAVE RELATING TO THIS AGREEMENT, THE OCCUPANCY OF THE PREMISES OR USE OF THE URBANDOOR PLATFORM WILL BE BROUGHT INDIVIDUALLY, AND GUEST WILL NOT JOIN ANY SUCH CLAIM WITH THE CLAIMS OF ANY OTHER PERSON OR ENTITY, BRING, JOIN OR PARTICIPATE IN A CLASS ACTION, OR ACT AS A “PRIVATE ATTORNEY GENERAL” IN CONNECTION WITH ANY SUCH CLAIMS. This section shall survive the termination or expiration of this Agreement.
  55. GUEST’S RIGHT TO TERMINATE AGREEMENT IN LIMITED SITUATIONS

    Guest may have special statutory rights to terminate this Agreement early in certain situations involving certain sexual offenses or stalking. Guest may also have special statutory rights to terminate this Agreement early in certain situations involving family violence or a military deployment or transfer.
  56. GOVERNING LAW; VENUE

    All matters relating to the validity, interpretation and enforcement of this Agreement shall be governed by the laws of the State of Texas. Venue for any dispute relating to this Agreement shall be exclusively in the county in which the Property is located.