TERMS AND CONDITIONS (the “Agreement”)
By booking a reservation at a property (the “Property”) owned or operated MISIAK, LLC, you (the “Guest”) agree that you have read, understand, executed and agree to the terms and conditions herein. It is the responsibility of the Guest to ensure that all guests and members of the Guest’s party and persons using the property during the term of the License Period (the “Invitee(s)”) are familiar with and will abide by all policies pertaining to licensing and using the Property.

LICENSE PERIOD REQUIREMENTS The Guest agrees to be the person placing the reservation for the period of time that begins with the check-in date and ends with the checkout date (the “License Period”) and the Guest is the credit/debit card holder for the reservation. All discussion regarding reservation, cancelation, damage and any additional fees resulting from the License Period will be discussed with and be the sole responsibility of the Guest, not the Invitees. The Guest understands that MISIAK, LLC only licenses its Property to responsible adults over the age of 21 and acknowledges he/she is of this age.

AMENITIES
The Property is fully furnished and includes ready-made beds, one set of bath towels per guest and an equipped kitchen. Furnishings and amenities are not always new and may exhibit signs of wear and tear. Amenities and furnishings are subject to change and may or may not be the exact same as represented due to replacement, substitution or other reasons. MISIAK, LLC provides a starter kit of soaps, dish detergent, laundry soap, shampoo, toilet paper, paper towels, and other dispensable items. MISIAK, LLC assumes no responsibility for the quality or contents of any food products left on the premises by prior guests; Guest or Invitees use and/or consumption of the same is not recommended and shall be at Guest’s and Invitees’ own risk. No items will be removed from the Property by Guest except refuse.

CHANGE DATES POLICY
There is no guarantee that MISIAK, LLC can accommodate a Guest-requested change to the start or end dates of a License Period once a Guest has made a reservation. But, MISIAK, LLC will make an effort to accommodate such a request either at the Property or an alternate MISIAK, LLC Property.

DAMAGE POLICY
MISIAK, LLC reserves the right to charge the Guest for any and all Guest/Invitee-caused losses and damages sustained to a property during the License Period, as determined in the sole discretion of MISIAK, LLC, including, but not limited to, excess cleaning, eviction, service calls, service charges, fines/assessments, theft or missing items, repairs or replacements, or any other damage, plus all applicable taxes.

SECURITY DEPOSIT
The Property and reservations platforms used to book reservations may require a refundable security deposit. If a security deposit has been made by the Guest, the entire deposit will be refunded if:
(1) no damage was done to the Property,
(2) all keys and electronics are accounted for,
(3) no items are missing,
(4) all doors and windows were closed and secured upon departure,
(5) all check out procedures were followed,
(6) all terms of this Agreement were followed, and
(7) no additional fees under this Agreement are due and owing by the Guest.
If a security deposit has been collected and if the there are any fees due and owing under this Agreement, Guest authorizes MISIAK, LLC to take such amounts from the security deposit and return to the Guest any unused portions of the security deposit. If the fees due and owing exceed the security deposit amount, Guest agrees to pay MISIAK, LLC for the difference within ten (10) days of notification by MISIAK, LLC. Upon request, an itemized statement outlining all associated costs will be sent to an address provided by the Guest at the time of such request.

HOUSE RULES
The Property may have additional House Rules published in the Property’s Guest Book. Please inquire about additional House Rules for the Property you are licensing. Guest agrees that it has read, understands and accepts the House Rules and that the same terms of this Agreement apply to the House Rules. For safety, no glass is permitted in the back yard.

ADDITIONAL FEES NOT INCLUDED IN RESERVATION
Additional fees may apply to your reservation, including, but not limited to additional guest fees, pool heating, electrical surcharges and additional cleaning, as well as any concierge services Guest requests including, but not limited to, kitchen stocking, massages, reservations, chefs, transportation and excursions. Such fees will be paid to MISIAK, LLC or MISIAK, LLC vendors at the time designated by MISIAK, LLC or such vendor.

UPON ARRIVAL
Guest and Invitees may enter the property after 4:00 p.m. on the first day of the License Period, unless otherwise mutually agreed by the Guest and MISIAK, LLC. Guest agrees to inspect the Property on the first day of the License Period. If there are concerns, issues with or damage to the Property, the Guest will contact MISIAK, LLC immediately by messaging app, text or phone, including leaving a voice mail if there is no answer to a phone call. Contact information can be found in the Property’s Guest Book. No refunds or considerations are given unless MISIAK, LLC is notified of such concerns or issues within 6 hours of the start date/time of Guest’s reservation. Guest acknowledges that unless MISIAK, LLC has been notified within 6 hours of the start date/time of Guest’s License Period of any damage, Guest will be liable for such damage.

EMERGENCIES/ MAINTENANCE
In the event of a problem getting into the Property or if there are problems with condition or functionality of the Property during the License Period, please immediately contact MISIAK, LLC.

UPON DEPARTURE
Guest and Invitees must leave the property by 11:00 a.m. on the last day of the License Period, unless otherwise mutually agreed by the Guest and MISIAK, LLC, so that MISIAK, LLC can prepare the Property for the next guest. At check-out, Guest agrees to leave the Property in tidy condition similar to that upon arrival and to comply with the guest departure requirements in the Property’s House Rules. If you have not arranged for a late check out, you may be charged $75/hour beyond the checkout time, however if the unit has not been vacated by 1:00 p.m., a fee equal to the next day’s published daily rate will be assessed. Cleaning crews will handle routine cleaning of linens, towels, kitchens, floors and bathrooms, but if excessive cleaning is required in the sole discretion of MISIAK, LLC, it will be charged at $200/hour and the Guest agrees to pay for such excessive cleaning fees.

GARBAGE
Guest shall dispose of all waste material generated during the License Period in a lawful manner, as instructed in the House Rules and place such material in the exterior trash bins of the Property. Guest is cautioned not to leave unsealed trash inside or outside for long periods of time to avoid pests. NO SMOKING Smoking anywhere in or on the Property is strictly forbidden. Guest agrees that Guest and Invitees will not smoke anywhere on the Property. Guest will be charged and agrees to pay the greater of $500 or any cost experienced by MISIAK, LLC in excess of $500 for any damage to the Property caused by smoking, including the cost to clean, repair or replace any items and the cost to remove odor, plus lost reservations or refunds related to future reservations that are a result of any such damage.

NO PETS
Pets are forbidden in or on the Property. Guest agrees that Guest and Invitees will not allow pets of any type anywhere on the Property. Guest will be charged and agrees to pay the greater of $500 or any cost experienced by MISIAK, LLC in excess of $500 for any damage to the Property caused by pets, including the cost to clean, repair or replace any items and the cost to remove odor or allergens, plus lost reservations or refunds related to future reservations that are a result of any such damage.

WATER FEATURES
As a pool and/or a spa may be located on the Property, Guest and Invitees will not permit use of the pool or spa by unsupervised children or any others not defined as Invitees. Guest and Invitees will use the pool or spa at their own risk. Surveillance camera equipment may be installed in select areas in and around the pool or spa area for safety purposes; such photographic imaging equipment will not be regularly monitored but may record activity in or near the bodies of water.

FIREPLACE
As a fireplace, barbecue unit, fire pit, or other equipment with potential for fire hazard (“Fire Equipment”) may be located on the Property, Guest and all Invitees will not permit use of the Fire Equipment by unsupervised children or any others not defined as Invitees. Guest and Invitees will use the Fire Equipment at their own risk.

TV/CABLE/INTERNET/WIFI
Television monitors, WiFi and Internet are provided as a convenience only, and are not integral to Guest’s reservation or this Agreement. No refund will be given for outages, content, lack of content, speed, access problems, lack of knowledge of use, or personal preferences with regard to using such services.

SECURITY
Guest will see to their party’s own security and to that of the Property by locking doors, windows and garage doors when prudent, and always when the Guest and Invitees are absent from the Property. Guest shall not permit or make any alterations to change or add any lock or impair any photographic imaging equipment without consent from MISIAK, LLC. Guest are not permitted to tamper with the outdoor security cameras on property. If tampered with host reserves the right to cancel reservation at the time of the incident

LOST ITEMS
MISIAK, LLC bears no responsibility for lost, stolen, misplaced or abandoned items. Every reasonable effort will be made by MISIAK, LLC to search the Property for such items and to contact the Guest to arrange the return of items. There will be a minimum $75 fee plus a charge for shipping costs for the return of any found items. MISIAK, LLC will not be held liable for the condition of items when and if returned. Any items not claimed for longer than 30 days following a License Period end date may be donated, sold or disposed by MISIAK, LLC.

CANCELLATION POLICY
If the Guest’s reservation is made through an agent or reservation platform, and if MISIAK, LLC has instituted a cancellation policy for the Property through such agent or reservation platform, that cancellation policy governs cancellations under this Agreement. In all other events, the cancellation policy is:
(1) If a cancellation notice is received by MISIAK, LLC from the Guest within 48 hours of booking and 14 full days or more days before the first date/time of the Guest’s License Period, there will be no cancellation fee and 100% of the reservation fees will be refunded to the Guest.
(2) If a cancellation notice is received by MISIAK, LLC from the Guest less than 14 full days but before seven full days before the first date/time of the Guest’s License Period, there will be a cancellation fee of 50% of the reservation fee and MISIAK, LLC will refund to the Guest the remaining 50% of the reservation fees.
(3) If a cancellation notice is received by MISIAK, LLC from the Guest less than seven full days before the first date/time of the Guest’s License Period, there will be a cancellation fee of 100% of the reservation fee and MISIAK, LLC will not refund any reservation fees to the Guest.
(4) In each of the three instances above, the security deposit and any pre-collected cleaning fees will be refunded by MISIAK, LLC to the Guest. All refunds and returns will be paid by MISIAK, LLC to the Guest within seven days from receipt of the cancellation.

NOISE
MISIAK, LLC is not responsible for any construction or other non-construction noise occurring near the Property. Guest acknowledges that MISIAK, LLC has no control over the hours of work or noise level of any such noise near the Property and such noise will not void or negate this Agreement, nor will it serve as a basis for claim for refund, price reduction, or other compensation. Additionally, the Property may be situated in a neighborhood or municipality with certain noise ordinances or restrictions in order to provide neighboring residents ongoing peace and tranquility in the use of their properties. For the purposes of monitoring the level of noise produced by Guest and Invitees, a decibel meter may be installed at the Property by MISIAK, LLC; such meter does not recognize nor record the content of such noise, only the decibel level of same. Guest and Invitees must not disable the decibel meter.

QUIET HOURS
Guest acknowledges the Property is situated within an area where neighbors and other residents within the larger community may hear, see, or otherwise experience the activities conducted by the Guest and Invitees. Guest agrees to ensure all members of the Guest’s party and all Invitees conduct themselves in a way that does not disturb the peace, security, or quiet enjoyment of the neighboring residents and properties, including noise reduction and the observance of quiet hours (i.e.: no outdoor speakers or excessively loud activities) between the hours of 10:00 p.m. and 7:00 a.m. during the License Period.

ENVIRONMENTAL DISCLOSURE
Guest hereby acknowledges the location of the Property is exposed to environmental and health hazards common to the surrounding area, including but not limited to, severe wind and rainstorms, intense heat, wildlife, pests, viruses and disease (“Environmental Matters”). While, MISIAK, LLC properties are treated periodically for pest control maintenance and are cleaned between license periods, MISIAK, LLC does not issue refunds due to any Environmental Matters of the Property.

PRIVATE PROPERTY
Guest and Invitees acknowledge that the Property is a privately-owned home, not a hotel. As such, hotel like amenities such as daily cleaning and bell service are not provided as part of the reservation fees. Guest and Invitees agree not to access any locked storage areas or areas not expressly meant for Guest and Invitees, even if unlocked, which contain MISIAK, LLC property. Guest shall not permit or make any alterations to the Property.

REPAIR AND SERVICE CALLS
MISIAK, LLC does not guarantee against mechanical or electrical failure of air conditioning, fans, lights, televisions, or any other equipment on the Property. Guest agrees to promptly report any inoperative items to MISIAK, LLC, and MISIAK, LLC agrees to make reasonable efforts to have maintenance performed promptly. Should a repair person conclude that equipment is in working order, or that failure was due to the actions of the Guest, then the charge for the service call will be billed to Guest and Guest agrees to pay the charge. No refund, reduction in fees, or other deduction will be made due to failure of such equipment. PARKING Guest agrees to park no more than four (4) vehicles, including cars, trucks, recreational trailers, or any other mode of transportation shorter than 22 feet long (“Vehicle”) at the Property during the License Period. If a recreational vehicle (“RV”) or trailer hookup creates a footprint longer than 22 feet in length, such RV or other trailer hookup is prohibited at the Property and on the neighboring streets within the surrounding community, unless prior approval is provided by MISIAK, LLC.

VIOLATIONS
The Property is situated in a municipality or community association that governs common areas, shared streets, and properties located within the bounds of the community through certain codes, covenants, restrictions, statutes or ordinances related to the Property (“Governing Documents”). A community association board and municipal enforcement officials have the right, under the Governing Documents to issue tickets, violations, fines, and other fees when violations of the Governing Documents or other codified restrictions occur. Guest agrees to be held liable for any tickets, violations, fines, or other fees issued to, or as a result of, the activities of the Guest or Invitees. If such a violation cannot be cured by monetary means, Guest agrees to cure through performance.

RIGHT TO ENTER
If necessary, MISIAK, LLC or their designated vendors may enter the Property in order to inspect or make necessary or requested repairs. MISIAK, LLC will give Guest reasonable notice before entering the Property and will only enter during reasonable hours except in the case of emergency. Regular vendors to the Property including pool, yard and cleaning services will be allowed to enter at normally scheduled times.

OCCUPANCY
The Property is for the sole use as a personal vacation residence for families and responsible adults. Guest acknowledges MISIAK, LLC is issuing Guest a license to use the Property and that by execution of this Agreement, Guest does not become a tenant and MISIAK, LLC does not become a landlord. Guest additionally agrees not to use the Property for nonresidential purposes (i.e.: restaurant, special events, retail, banquets, or other commercial or activity requiring permits). Guest acknowledges that they will personally occupy the Property during the License Period and will not sublet. Guest will familiarize itself and its Invitees with applicable laws and will not use the Property for any illegal or unlawful purpose, nor will the Property be used in a fashion that disturbs or offends the neighbors in the surrounding community. Occupancy is restricted to the number of Invitees listed at the time of booking by the Guest, which shall not exceed six (6) adults and their related dependent children aged 18 and under during any overnight period. Additional Invitees above the number listed at the time of booking are subject to MISIAK, LLC approval and will incur an extra nightly rate unless mutually agreed by MISIAK, LLC and the Guest. A list of the first and last names of all persons occupying the property may be required at the time of booking with Invitees required in writing prior to check-in. MISIAK, LLC has the right to immediately evict any Guest or Invitee for failure to comply with this Agreement; no refunds will be issued in such event.

MAIL AND DELIVERIES
MISIAK, LLC is not responsible for mail or deliveries sent to the Property before, during or after any License Period. Guest hereby acknowledges that mail may not be deliverable to the Property, and in no circumstance will MISIAK, LLC be held liable for mail that is lost, damaged, delayed or returned to sender.

CONCIERGE SERVICES
MISIAK, LLC may refer Guest to certain concierge services such as private chef, personal butler, grocery shopping and other concierge services (“Concierge Services”). Concierge Services are available through third parties that are not affiliated with MISIAK, LLC. By engaging any of the Concierge Services, Guest understands they are not affiliated with MISIAK, LLC and agrees to release, indemnify and hold harmless MISIAK, LLC for any and all claims related to any Concierge Services.

FORCE MAJEURE
There may be circumstances beyond the control of MISIAK, LLC including, but not limited to, destruction of Property, sale of Property, construction nearby, water, gas or sewer leaks, fire or any other damage to the Property making it uninhabitable or potentially uninhabitable, in which the Property may not be available for your License Period. In such event, MISIAK, LLC will do its best to make alternative arrangements for the Guest at another MISIAK, LLC property. If these alternative arrangements are not acceptable to the Guest, then MISIAK, LLC will refund all monies paid. This will be the full extent of MISIAK, LLC’s liability to the Guest in the event of force majeure, and MISIAK, LLC will not be responsible for any other costs connected with any such cancellation or change.

PAYMENT OF ADDITIONAL FEES
Any additional fees charged by MISIAK, LLC to Guest as a result of violation of any of the terms and conditions contained herein (including to recover for any fines, fees, or costs resulting from Guest or Invitees’ violations of the Governing Documents) will be paid by Guest to MISIAK, LLC within ten (10) days of notification.

INDEMNITY/DISPUTES/JURISDICTION
Guest and Invitees agree to fully indemnify, defend and hold harmless MISIAK, LLC and its owners, employees, representatives, assigns, agents and contractors from and against any and all claims, demands, costs, expenses, liabilities, causes of action and damages of every kind and character (including attorney fees) which may be asserted by it or any third party in any way related or incident to, arising out of, or in connection with this Agreement or the use of the Property by the Guest and Invitees, including but not limited to loss, damage, injury, sickness or death to Guest and Invitees or their personal property. Guest and Invitees are also aware of the inherent risks to person and property while occupying properties with water features such as a pool, bath, spa, or with Fire Equipment, or with furniture or facilities such as bunk beds or glass shower doors, or using Concierge Services, and accepts the use of such attributes at its own risk. This Agreement will be governed by and construed in accordance with the laws of the State of Arizona. All disputes or claims pertaining to the Agreement will be adjudicated in the State of Arizona, County of Maricopa.

AGREEMENT
By making a reservation and signing below, a) Guest warrants that it has read, understands, executes and agrees to be bound by all of the terms set forth in this Agreement, b) Guest understands the terms and conditions in this Agreement govern the relationship and the license between MISIAK, LLC and Guest and that if any provision herein is in conflict with a provision found in the verbiage on whatever listing platform Guest found the Property upon, that the terms and conditions herein will supersede the same, c) Guest acknowledges that the Property may have additional House Rules that are provided upon or prior to arrival to the Property, and Guest agrees to abide by the House Rules for the Property, as well as all terms of this Agreement, and d) Guest further understands and represents that it will explain all of the contents of this Agreement to all Invitees prior to their arrival and that Guest is executing this Agreement on behalf of all individuals in Guest’s group including Invitees, who also agree to be bound by this Agreement.