Evergreen Reserve

ELYSIAN DESTINATION PROPERTIES, LLC

SHORT-TERM RENTAL AGREEMENT

This Short-Term Rental Agreement (“Agreement”) governs the stay of all Guests at any property managed by Elysian Destination Properties, LLC (“Elysian”). By booking, paying for, or occupying the Property, you agree to all terms below.

Definitions

Elysian – Elysian Destination Properties, LLC, including its owners, homeowners, staff, and agents.

Property – The rental home and all interior and exterior areas, furnishings, amenities, and parking.

Guest / Guests / you / your – The person who books the reservation and all individuals staying at or visiting the Property under that reservation.

Occupants – Individuals staying overnight at the Property.

Visitors – Individuals who visit the Property but do not stay overnight.

House Rules – Rules in the listing, welcome materials, property signage, or communicated by Elysian.

Fees – All charges related to the stay, including rent, taxes, cleaning fees, pet fees, penalties, damages, and items listed in the Fee Schedule.

Damage – Any breakage, loss, staining, misuse, or wear affecting the Property or its contents.

Excessive Cleaning – Cleaning beyond normal turnover.

Unauthorized Activity – Any prohibited action, including unauthorized pets, extra guests, parties, or tampering with safety devices.

Force Majeure Event – Weather, natural disasters, utility outages, government orders, evacuations, or events beyond Elysian’s control.

Payment Method on File – The credit card or payment method used for the reservation and authorized charges.

1. PARTIES AND RESPONSIBILITIES

1.1 Responsible Guest
The Guest must be at least 25 years old (or the higher age stated in the listing) and must be present at the Vacation Rental during the stay. The Guest is responsible for the actions and compliance of all occupants and visitors.

1.2 Minors
If minors are present during the stay, the Guest accepts full responsibility for supervising them and their safety and conduct.

1.3 Accurate Information and Booking Integrity
Providing false information regarding age, identity, number of guests, or purpose of stay is prohibited and may result in immediate termination without refund.

1.4 Third Party Booking Prohibition
Reservations made on behalf of individuals not present during the stay are not permitted without written approval.

2. PAYMENT TERMS; CHARGES; CANCELLATION

2.1 Total Amounts Due
The total amount due for rent, taxes, and fees is shown at the time of booking. Payment schedules follow the terms displayed in the listing or booking platform.

2.2 Non-Refundable Payments
Except where expressly stated in this Agreement or the listing, all payments are non-refundable once charged.

2.3 Travel Credits
Any travel credits issued by Elysian are discretionary courtesies, non-cash, non-transferable, and must be used within the time period stated at issuance.

2.4 Credit Card Authorization
By booking, you authorize Elysian to charge your payment method for rent, taxes, fees, additional services requested, damages, excessive cleaning, missing items, violations of this Agreement, costs, fines, and penalties attributable to your stay, and reasonable administrative fees relating to such matters.

2.5 Chargebacks
Initiating a chargeback or bank dispute for a charge authorized under this Agreement constitutes a breach of this Agreement. Elysian may submit this Agreement and related documentation as evidence, and the Guest remains responsible for all valid charges assessed pursuant to Sections 2.4 and 2.7, as permitted by applicable law, regardless of the outcome of any chargeback or bank determination.

2.6 Guest Cancellation
You may cancel your reservation at any time; however, amounts paid are non-refundable unless explicitly stated otherwise in the listing or this Agreement.

2.7 Security Deposit or Damage Waiver
As part of pre-check-in verification, Guest is required to elect either a refundable $500 security deposit or a non-refundable Damage Waiver of $35 per night, capped at $150 per stay. The security deposit is authorized on the payment method on file and may be applied to damage, excessive cleaning, rule violations, missing items, or related costs attributable to the Guest or their party, with any unused amount released after check-out following inspection. The Damage Waiver provides limited coverage for reported accidental damage only, up to $150 total, and does not cover intentional or negligent damage, excessive cleaning, unauthorized activities, pet-related damage, missing or stolen items, or violations of this Agreement or the House Rules.

Regardless of the option selected, and pursuant to Section 2.4 (Credit Card Authorization), Guest authorizes Elysian to charge the payment method on file for any costs exceeding the applicable deposit or waiver coverage.

3. HOUSE RULES AND LOCAL REGULATIONS

Guests must comply with all House Rules posted at the property, in the listing, or provided separately.

Violations may result in additional fees, immediate termination without refund, and liability for compliance-related fines or damages.

4. OCCUPANCY AND USE OF PROPERTY

4.1 Maximum Occupancy
You must not exceed the maximum occupancy stated in the listing, including all overnight guests and day visitors.

4.2 Events Prohibited
Parties, weddings, receptions, commercial events, or large gatherings are strictly prohibited unless approved in writing.

4.3 Noise
Quiet hours are 10:00 p.m. to 8:00 a.m. Noise must remain respectful at all times. Repeated or serious noise complaints may result in termination without refund.

4.4 Illegal Activity
Illegal activity of any kind is prohibited and may result in immediate removal without refund.

4.5 Parking and Vehicles
Parking is permitted only in designated areas. Sleeping in vehicles is not allowed. Tow charges may apply.

4.6 External Factors and Environmental Conditions
Guest acknowledges that the Property and surrounding area may be subject to conditions beyond the control of Elysian, including but not limited to nearby construction or development, train operations, road or utility work, snow removal, landscaping, traffic, emergency services, weather events, wildlife activity, seasonal tourism, public events, and normal noise from neighboring properties or nearby accommodations. While Elysian will make reasonable efforts to assist guests and address concerns when possible, such external conditions do not constitute grounds for refunds, credits, or compensation.

5. PETS AND ANIMALS

5.1 Pet Policy
Pets are permitted only at properties specified as pet-friendly in the listing and only with prior written approval and payment of applicable pet fees. Unauthorized pets may result in additional charges.

5.2 Service Animals
Service animals are permitted as required by law.

5.3 Pet Damage
Guests are responsible for all pet-related waste, noise, damage, and violations. Any damage, additional cleaning, or remediation caused by pets will be billed to the Guest.

6. SMOKING, FIRE, HOT TUBS, AND SAFETY

6.1 Smoking and Vaping
Prohibited inside the property, garage, or near/in hot tubs. Evidence of smoking may incur remediation fees.

6.2 Open Flames and Fire Bans
Guests must obey all fire restrictions. Unauthorized open flames or fireworks may result in termination without refund.

6.3 Hot Tub Use
Guests assume all risks associated with hot tub use. No glass, oils, dyes, lotions, bath products, or contaminants in the hot tub. Misuse may incur cleaning/repair costs. No glassware to be used in or around the hot tub.

7. CLEANLINESS, MAINTENANCE, AND LOST ITEMS

Property must be left in a tidy condition and check-out instructions must be followed. Excessive mess may incur fees.

Report maintenance issues promptly.

Lost items are not guaranteed recoverable; shipping is at guest expense.

8. DAMAGE AND MISSING ITEMS

Guest is responsible for all damage, missing items, misuse, or extra cleaning required as a result of Guest activities.

8.1 Condition Verification and Evidence
Guest agrees that Elysian may determine the condition of the Property and any damage, excessive cleaning, missing items, or rule violations using time-stamped photos or video, inspection reports, housekeeping documentation, vendor or contractor invoices, smart home and safety system data, and other reasonable records maintained in the ordinary course of business. Such documentation may be relied upon to assess charges pursuant to Sections 2.4 and 2.7 and may be submitted in connection with payment disputes, chargebacks, or booking platform claims.

8.2 Pre-Existing Condition Reporting
Guest must report any pre-existing damage or condition issues within 4 hours of check-in. Failure to report within this timeframe constitutes acceptance of the Property’s condition and any damage identified after departure will be presumed to have occurred during the stay.

9. ACCESS TO PROPERTY

Elysian may enter for maintenance, safety, compliance, or emergency purposes with reasonable notice when practicable.

10. CHECK-IN, CHECK-OUT, AND HOLDOVER

Unauthorized late check-out may result in fees or charges up to twice the nightly rate if it affects incoming guests.

11. CANCELLATION AND FORCE MAJEURE

No refunds are provided for force majeure events (e.g., weather, wildfire, government orders, utility outages).

If the property becomes unavailable due to maintenance, safety issues, or events beyond Elysian’s control, Elysian may offer a comparable substitute property.

Community or HOA amenities are not guaranteed. Their closure or malfunction does not qualify for refunds or credits.

Temporary utility outages (internet, water, electricity, gas, cable) do not qualify for refunds or credits.

Credits may be issued at Elysian’s discretion.

Elysian recommends that Guests purchase travel insurance to protect against unexpected events, illness, weather, or delays.

12. INDEMNITY AND ASSUMPTION OF RISK

Guest acknowledges that staying in a mountain environment and using the amenities provided at the property involve inherent risks. These include but are not limited: snow, ice, altitude, wildlife, stairs, decks, hot tubs, sauna, grills, fireplaces, water features, recreational equipment, and any community or HOA amenities. You also assume all risks related to illness or communicable disease. By occupying the property or using any of its amenities, you voluntarily assume these risks for yourself, all Guests, and all Visitors.

You agree to be responsible for your own acts and omissions and those of all Guests and Visitors. To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Elysian, its owners, homeowners, employees, and agents from any claims, damages, losses, costs or expenses arising out of:

• your use or occupancy of the Property;
– the use of any amenities, features, or equipment at or near the Property;
– the actions or negligence of any Guest or Visitor;
– violations of this Agreement or the House Rules; or
– any injury, damage, or loss occurring during the stay

13. LIMITATION OF LIABILITY

Elysian’s liability is capped at the amount paid by Guest.

No consequential, incidental, or punitive damages apply.

14. ATTORNEYS’ FEES

The prevailing party may recover reasonable attorney fees as permitted by law.

15. DISPUTE RESOLUTION AND GOVERNING LAW

Governing law: Colorado. Venue: Denver, Colorado unless otherwise required by law.

Class Action Waiver
Claims must be brought individually; class or collective actions are not permitted.

Jury Trial Waiver
You waive the right to a jury trial to the fullest extent permitted by law.

16. TRANSIENT OCCUPANCY ONLY

This is a license to occupy for short-term purposes only, not a tenancy. No renewal rights are granted.

17. GENERAL PROVISIONS

If any provision is invalid, the remainder remains in effect.

This Agreement supersedes prior versions.

Changes must be in writing.

18. ACCEPTANCE

By booking, paying for, or occupying the property, Guest agrees to all terms of this Agreement, the House Rules, the Fee Schedule, and any property-specific instructions.

ELYSIAN DESTINATION PROPERTIES – FEE SCHEDULE

COLORADO / WINTER PARK ADDENDUM

• Guest must comply with all Winter Park STR laws.
– Quiet hours: 10 PM–7 AM.
– Parking: designated spaces only; no street parking where prohibited.
– Trash: must be secured; no food/coolers outside.
– Fire bans: strict compliance required.
– Fire & Life Safety rules must be followed.
– Municipal/HOA fines caused by Guest will be charged to Guest.
– Violations may result in immediate removal without refund.