FUNTIERLAND SHORT-TERM RENTAL TERMS AND CONDITIONS USAGE AGREEMENT

Short-term rental agreement

This short-term rental agreement (“Agreement”) is by and between Funtierland Vacation Rentals (”Funtierland”), for the Owner of the vacation rental property (“Owner”) and the renter of the short-term vacation rental (“Guest”) who is solely responsible for the actions of their family, invitees, and guests. First of all, both parties must have the intent to sign and be bound to terms, and they must also consent to do legal business electronically. The Guest is required to complete a separate Guest Registration process that will bind all Registered Guests to this Agreement. Any individual that provides any payment toward the reservation must be listed as a Registered Guest, whether they intend to occupy the Vacation Rental or not, and is also bound to this Agreement.

The Guest hereby rents from Funtierland the reserved property (“Vacation Rental”) on a short-term basis (of less than 30 days). The Vacation Rental shall be used for single-family residential purposes exclusively by Guests.

Only Registered Guests are permitted to use, occupy, or visit the Vacation Rental and/or common areas or amenities, including but not limited to the property, pool facilities, front yard, garage, and driveway.

Individual(s) that are NOT Registered Guests are strictly prohibited from any type of use of the Vacation Rental and surrounding amenities as noted herein. Breach of this policy may result in fines and/or eviction.

Property Address & Entry:

For the security of the Vacation Rental and the privacy of all guests, the complete address and instructions to access the Vacation Rental will be provided separately approximately two weeks prior to check-in.

The minimum age requirement of the Guest submitting payment to reserve the Vacation Rentals is 25 years of age. Guests less than 25 years of age must be accompanied at all times during their stay by a Guest that meets the minimum age requirement. Funtierland reserves the right to refuse service to anyone in accordance with all applicable laws.

Any modifications to the original and/or subsequent reservation require Funtierland approval and Guest is responsible for any additional charges. Funtierland reserves the right to cancel the Agreement and refund, if applicable, any payments collected based on the cancellation and refund policy.

1. PAYMENT:

50% of the total amount due at booking and the balance is due 60 days prior to check-in date. Funtierland reserves the right to cancel any reservation in the event Guest fails to pay within 5 days of the due date.

PAY BY CHECK (PREFERRED METHOD): Unless otherwise specified, all online rates, fees, pricing, quotes, and reservations are based on payment via paper check, e-check, or ACH in US Funds.

PAY BY CREDIT CARD: For the convenience and security of the Guest, Funtierland also accepts Visa and Mastercard credit card payments but reserves the right to charge a 3.95% convenience fee. No convenience fees are incurred for payment via paper check, e-check, or ACH in US Funds.

2. CANCELLATIONS, NO SHOWS, CHANGES, and REFUNDS*:
Cancellations more than 60 days prior to original check-in date are fully refundable minus a Cancellation fee. *If you booked through Airbnb please confirm cancellation policy via Airbnb. CANCELLATIONS FOR ANY REASON 60 DAYS OR LESS PRIOR TO CHECK-IN DATE ARE 100% NON-REFUNDABLE. In the event of a cancellation within 60 days of original check-in date, Funtierland will attempt to rebook the vacated dates and if rebooked the amount from the new reservation will first be applied to make Funtierland whole based on the original reservation, and any remaining amount will be refunded to the canceled Guest.

NO SHOWS FOR ANY REASON 60 DAYS OR LESS PRIOR TO CHECK-IN DATE ARE 100% NON-REFUNDABLE.

ANY UNUSED PORTION OF YOUR RESERVATION IS FORFEITED AND 100% NON-REFUNDABLE INCLUDING BUT NOT LIMITED TO ARRIVING A DAY AFTER CHECK-IN DATE, DEPARTING A DAY PRIOR TO CHECK-OUT DATE, NOT USING THE PRE-PAID HEATED POOL, ETC.

Changes to a reservation (i.e. shortened stay, changing to a different property, changing dates, etc.) are subject to a Change fee if the original check-in date is more than 60 days prior to check-in, and subject to management approval.

Changes to a reservation (i.e. shortened stay, changing to a different property, changing dates, etc.) are typically not allowed 60 days or less prior to original check-in date, but may be approved by management on a case-by-case basis and if approved, will incur a Change fee.

Any increase in guest count after the reservation has been confirmed must be immediately communicated in writing (email ok) to Funtierland for re-approval and is subject to any applicable “Additional Guest” fees as provided for at the time of original reservation. An increase in guest count is subject to our Cancellation Policy herein if the new guest count exceeds adult and/or total occupancy limits, or fails to meet any of our Terms and Conditions. An increase in guest count after a reservation has been confirmed is NOT subject to a Change fee the first time, but will incur a Change fee each subsequent change, subject to management allowing any guest count increase in the first place. Funtierland strongly recommends Guest’s confirm and provide their final guest count at the time of original booking to avoid any potential issues that may arise including additional fees and cancellation.

All Cancellations will incur a $150 plus tax Cancellation fee and All Changes will incur a $100 plus tax Change fee. All Cancellations and Changes must be made and approved in writing (email is ok).

No refunds will be given within 60 days of the check-in date for any reason including but not limited to weather, natural disasters, earthquakes, pandemic, and/or any other Acts of God, Force Majeure, any other reason, nor the closure of any Vacation Rental(s) and/or their facilities (pool, spa, etc.), or nearby attractions, parks (i.e. Disneyland), recreation facilities, beaches, or any other event, venue, or otherwise.

No refunds will be given within 60 days of the check-in date for any reason including but not limited to non-delivery or mis-delivery of service provided herein, interruption of, or interference with, services or accommodation due Guest, caused by any reason including but not limited to weather, strike, riot, orders of public authorities, acts of other guests, any other acts of God, Force Majeure, pandemic, accident, the making of necessary repairs to the building of which said Vacation Rentals are a part, or any other cause, except as outlined above. The Guest(s) hereby agree(s) to hold Funtierland harmless against losses, deficiency, and/or any inconveniences caused by unexpected interruptions of use of the Vacation Rental to accommodate scheduled Guests. If such an instance occurs, Funtierland is not liable for any indirect financial or scheduling burden including but not limited to airlines reservations, rental car reservations, pre-paid event tickets, etc. Any falsified reservation is subject to cancellation and will forfeit any deposit and/or payments made and the party will not be permitted to check-in.

Chargebacks - If a chargeback is filed against Funtierland and Guest loses chargeback, Guest forfeits any and all refunds, credits, and/or any other type(s) of compensation or benefits written or implied, nor is the Guest eligible to book a future reservation.

Purchasing third party Vacation Rental / Trip / Cancel For Any Reason Insurance is strongly recommended. Vacation Rental Insurance can provide coverage for prepaid, nonrefundable expenses due to certain unforeseeable circumstances that may jeopardize your vacation investment and force you to incur unplanned expenses for which Funtierland is NOT liable for. Again, Funtierland strongly recommends you purchase protection to mitigate your potential losses including losses incurred due to our Cancellation and Refund Policies described herein should an event occur.

Third Party Booking Site Policy Display Conflicts (VRBO, Airbnb, etc.) - Funtierland’s Rental Terms and Conditions herein supersede, without exception, all other terms/conditions displayed on or by a third party listing site (i.e. VRBO, Airbnb, Booking.com, etc.) that may conflict with the policies listed herein. Funtierland will make every possible effort to ensure that listing sites display Funtierland’s Terms and Conditions exactly how they read herein, however third party listing sites often have system/design limitations impacting the information we display and/or worse confusingly display their own policies that do not adhere to our own. A copy of Funtierland’s Terms and Conditions herein are provided on every third party listing site as technologically possible, and always during the booking process for every Guest who books directly at www.funtierland.com or for any Guest who requests a copy directly from us.

Third Party Booking Sites Service Fees: Some third-party booking sites (i.e. HomeAway, VRBO, Airbnb, etc.) assist in matching Funtierland and Guest and may collect Booking or Service fees as part of a reservation process. Booking or Service fees paid by Guests to third-party booking sites are not covered by this agreement and Funtierland is not responsible for collecting or refunding those fees or for any service provided for that fee. Third-party booking sites are not a party to this agreement, even if Guest pays the rental amount through a third-party booking site.

3. CHECK-IN AND CHECK-OUT:

Unless otherwise agreed to in writing, Guests may not check-in prior to the specified check-in date or time. Guests must check-out of the property at or before the specified check-out date and time. In the event the Guest does not vacate the Vacation Rental at the specified check-out date and time, Guest may be fined and evicted to ensure Funtierland’s performance for incoming guests and owners.

Early check-in and check-out times may be approved based on availability and at an additional charge. All early check-in and check-outs must be agreed to ahead of time and confirmed via email or in writing.

Luggage storage may be available if scheduling permits and if agreed to ahead of time via email or in writing. Funtierland is not responsible for the personal belongings of Guests storing luggage and the Vacation Rental may not be secure during these times as cleaning and maintenance personnel may have full access to the home and entry doors may be unlocked or open. Guests may not enter the Vacation Rental for any other reason (i.e. use bathroom) except for luggage storage prior to check-in time, or after check-out time.

Funtierland cannot be held responsible for personal items left behind by Guests. If items are found, Funtierland, at Guests' request, will mail item(s) to Guest for a minimum processing fee of $35.

4. SECURITY DEPOSITS, ACCIDENTAL DAMAGE PROTECTION, OTHER CHARGES/FEES:
Security Deposits: If a security deposit is collected, Funtierland will return deposit to Guest within 21 days after Funtierland has inspected the property. Funtierland shall apply the deposit as necessary against the cost of restoring the unit to the condition when Guest arrived, allowing for normal wear and tear.

Accidental Damage Fee: In lieu of a standard security deposit, guest agrees to pay a non-refundable damage fee of $59.00, $69.00 or $79.00 per property (fee depends on the size of property). This fee covers up to $1,500.00, $2,250.00 or $3,000 of accidental or unintentional physical damage caused by guest. In the event of damage to the unit exceeds the covered maximum, guest agrees to pay additional cost associated with damage. This payment may be made via similar payment terms as the reservation. The Damage fee DOES NOT cover costs associated with any intentional damage, negligence by guests, or pet damage.

Damages to Rental Property: Guest agrees to notify Funtierland of any damages or accidents that occur to the premises to both real property and personal property during their stay. If Funtierland determines that no intentional or wanton or willful misconduct occurred, Funtierland will repair or replace as needed up to the maximum accidental damage coverage amount. Any damage or accident that exceeds the covered maximum is the responsibility of the guest. Homeowners Association fines or City Violations or fines of any amount will be the responsibility of the guest. Damages must be reported immediately in order for Funtierland to repair said damages. If damages are not reported immediately by the guest, all damage costs will be the responsibility of the guest. Pet damage (pets are not allowed) or damage from smoking is the sole responsibility of the Guest.

Other Charges/Fees: Funtierland may charge fees for other products and/or services rendered (i.e. Reservation fee, Pool Heat fee, etc.). Any and all fee(s) will be disclosed to Guest either at the time of booking when service is rendered, and/or at the time a Guest purchases an additional product or service from Funtierland.

5. GENERAL FUNTIERLAND VACATION RENTAL RULES:
Anaheim City Short-Term Rules: Guest agrees to follow all Anaheim Ordinance for Short Term Rentals (see www.anaheim.net/str). Any validated complaints and/or violations of the Anaheim Ordinance may result in a fine up to $2,500 plus reinspection fees and/or eviction. Violations or fines of any amount will be the responsibility of the guest.

Community Association (“HOA”) Rules and Regulations (if applicable): Guest agrees to follow all HOA CC&Rs, Bylaws, and Rules and Regulations. Any validated complaints and/or violations of HOA Rules may result in a $1,500 fine and/or eviction. Violations or fines of any amount will be the responsibility of the guest.

Occupancy: Maximum occupancy for Castle House 1 (F21) is 15 individuals including infants (with maximum of 10 Adults). NO exceptions.

Funtierland reserves the right to evict or fine renters up to $2500 for exceeding the maximum occupancy limit. Individuals “visiting” for any period of time must be listed as a Registered Guest and are included when calculating Occupancy.

All legally operating short-term rentals in Anaheim require a 3-night minimum stay. Funtierland reserves the right to increase the minimum stay requirement at will, based on seasonality and demand (ex: min stay in summer may be 5-7 nights).

Good Neighbor Policy: Funtierland Vacation Rentals are designed for families and friends to peacefully enjoy their stay. Funtierland does not tolerate any partying, loud noise, excessive occupancy limits, illegal parking, etc. that violate policy or interfere with our neighbor's peaceful enjoyment of their community. The Good Neighbor policy aligns with the city's short-term rental ordinance and applies to ALL vacation rentals, not just Funtierland Vacation Rentals. Please be respectful of our long-term residents and our community.

Noise Restriction / City Mandated Quiet Time Hours / Prohibited Outdoor Activity: Guests must avoid making “loud or unreasonable noise” day or night while staying at the Vacation Rental. In addition, the City of Anaheim imposes a strict Quiet Time / Prohibited Outdoor Activity period nightly between the hours of 10p.m. and 9a.m. Pool, patio, front yard loitering, game room/garage and all outside areas close at 10p.m. sharp and do not open again until 9am. All conversation must be brought inside prior to 10pm. Please do not be the group that upsets the neighbors to the point that they call and file a formal complaint with Funtierland and/or the Police / Local authorities. All neighbors have been given a Vacation Rental Hotline by the city for filing complaints and local code enforcement work nights in Anaheim to enforce the Quiet Time, occupancy, and parking rules.

No Parties or Business Activity: This rental may only be used for overnight lodging accommodations and may not be used for weddings, parties, bachelor/bachelorette gatherings, conferences, corporate events, business dinners, cocktail parties, etc. ONLY Registered Guests associated with the reservation are allowed to step foot on premises at any time.

Guest Behavior: No unusual or loud noise is permitted at any time day or night. Music, stereos, radios, televisions, etc. must be turned down low enough so as not to be heard outside the Vacation Rental or through common walls, windows, or between neighboring patios. Intoxication or excessive use of alcoholic beverages, marijuana, the use of illegal substances, disorderly conduct, unnecessary and/or objectionable noise, reckless driving in the neighborhood / complex roads or driveway(s) is strictly prohibited. Guests shall not use, keep, or have in their possession any illegal firearms, drugs, fireworks, or other illegal substances.

No Guest Alteration to Property: Guest will not alter the Vacation Rental in any way (i.e. moving beds, no moving furniture or using nails, screws, tape, tacks, paint, etc. on walls, ceilings, floors, fencing, stucco, or furniture). Items should not be removed from the Vacation Rental except items specific to outside use such as beach towels and strollers.

No Smoking / Vaping in Vacation Rental: Smoking/vaping of any substance is strictly prohibited inside the Vacation Rental and Guests agree not to smoke/vape inside or within 15 feet of open doors and windows of the Vacation Rental, or neighboring properties. Guest also agree to properly extinguish and discard their cigarette butts in the trash at all times. Non-compliance by Guests will immediately result in termination of this Agreement, eviction, and Guest will be responsible for all costs to remove the smoking odor from within Vacation Rental, and any other damages incurred. A fine of $1,000 will also be strictly enforced.

Violations/Fines: Guest(s) are responsible for paying any or all fines and Funtierland reserves the right to terminate the rental agreement and immediately evict the responsible person or all occupants upon any violation.

Outdoor Security Camera(s): Security cameras may be present on the exterior of the property only to ensure compliance with city mandated rules. Cameras are not actively monitored but do send electronic notifications to Funtierland personnel for potential follow up with Guest if the cameras detect activity between approximately 10pm – 9am in alignment with Anaheim's city mandated Quiet Time Hours / Ordinance. Cameras may also monitor parking compliance including but not limited to confirming that no vehicles encroach upon or park over the sidewalk in any way, or illegally park on the street without a Funtierland provided parking permit.

Please note the use of the property and all amenities are at your own risk whether or not security cameras are present.

Guest Inspection Upon Arrival: Funtierland respectfully requires that guests let us know during their stay about any issues or concerns that may arise, NOT AFTER check out. We aren’t able to remedy issues or improve the quality of your stay if issues are not communicated to us in a timely manner. This policy ensures that we are provided the opportunity to do remedy the situation and maximize guest experience.

Timely Communication and Methods: Guest agrees to communicate in a timely manner before, during and after their stay and will notify Funtierland immediately regarding any questions, concerns, issues, or emergencies related to the Vacation Rental to give Funtierland the opportunity to provide a 5 star experience. Funtierland may communicate with guests via phone, text, email, mobile apps, social media platforms, etc. Funtierland requires a primary and two alternate phone numbers and emails that we may contact guests at during their stay.

Return All Property to the Units: The cost for any items that belong to the house that are not returned in reasonable condition upon checkout (pool towels, beach toys, strollers, electronic pool fob, garage door opener, etc.) will be charged to the Guest.

Please understand that THINGS BREAK. Although we do our best to keep our home in tip top shape with regular inspections and maintenance, we cannot guarantee everything will work 100% of the time. If there is a problem PLEASE CONTACT US and we will do our very best to remedy the situation in a timely manner.

Care of Vacation Rental: Guest will keep the Vacation Rental in clean and sanitary condition and dispose of all garbage cans waste accordingly. Guest shall report any plumbing or electrical or dangerous condition/problem immediately to Funtierland. Guest will not deface or damage the Vacation Rentals or its amenities in any way and will inform Funtierland promptly of any damage caused by Guests and is responsible for damages beyond normal wear and tear. In addition, Guests shall be responsible for any expense or damage caused by stoppage of waste pipes, garbage disposal, or overflows from bathtubs, toilets or washbasins or sinks if due to Guest’s neglect or misuse. Guests shall not store gasoline, cleaning solvents or any other combustibles in the Vacation Rental, garages, or any other part of the property and/or common areas.

No Pets: Pets are not generally allowed in Funtierland Vacation Rentals as our properties are designed to be as clean and allergen free as possible. In the event that Guest brings unauthorized pets, a $500 fine will be enforced and Guest will forfeit their right to future reservations unless otherwise agreed in writing prior to guests’ arrival in the Vacation Rental. Guest must advise Funtierland of any service animals at the time of booking and provide relevant documentation for the service animal at which point a refundable pet deposit and additional cleaning charge will apply. Funtierland reserves the right to decline reservations that include animals in accordance with applicable laws.

Pool and Common Area Hours: 9am - 10pm unless otherwise posted on-site.

Pool Rules: Children and any adults requiring supervision must be supervised by a responsible and able-bodied adult during their use of the pool, spa, and recreational facilities and equipment. Please ensure that all gates, latches, and fencing is secured at all times including at the time of your arrival and whenever entering and exiting the pool, spa, and recreational areas. Do not remove the pool safety fence. Note that there is NO LIFEGUARD ON DUTY and USE AT YOUR OWN RISK. No alcohol or glass is allowed within the pool/spa facilities. When using these facilities, remember there can be certain health risks associated with the use of these facilities. PLEASE NOTE AND ADHERE TO ALL POSTED SIGNS AT FACILITIES including age restrictions, flotation device prohibitions, operating hours, etc. Use of and/or access of any pool or spa or related amenity/area/room/yard/space including any authorized/onsite flotation devices is at your own risk and Guest (or otherwise) agrees to hold Funtierland, it’s representatives, and the property owner(s)/entity(s)harmless under any circumstance(s).

No jumping or diving. No glass in the pool area. Children must be supervised at ALL times and must use a swim diaper if not fully potty trained. Pool heater is controlled remotely - do not attempt to adjust it yourself.

Pool Heating (private residences only): Fee for pool heating is optional and if purchased must cover the entire reservation period (heating only a few days during your stay is not logistically feasible). You will be charged a minimum $250 if any guest raises the pool temperature during their stay in addition to the regular pool heating fee. Pool equipment is remotely monitored and tracked. Do NOT adjust pool temperature.

Pool Fob and Keys (if applicable): $250 fine for any electronic pool fob and/or key lost or not left on-site at check-out.

Pool Guest Count: N/A

Parking and Vehicles: Max Vehicle Count: 4 vehicles in driveway ONLY (ex. 2 minivans + 2 standard) Vehicles must not encroach into the sidewalk. Street parking and restrictions: NO street parking. Violators will be heavily fined and/or towed Alternative Parking: N/A RV’s (recreational vehicles) AND/OR Trailers (5th wheels, U-Haul type storage trailers, etc.) of any kind or size are strictly prohibited and are subject to a $1,000 fine if found at the property.

Trash: Trash Pick up is on Tuesdays. House trash overflow can be emptied into the bins on the side of the house. The green bin is for recyclables only. If bins are full, DO NOT place overflow trash onto ground. Contact us and we will remove it for you.

Hard Water Spots Disclosure: While the city of Anaheim provides safe high quality drinking water, its water may leave behind hard water spots that are difficult to remove. Funtierland employs certain cleaning methods as well as directing guests to add a small amount of provided vinegar to dishwashing soap for example, to minimize spots. Please understand that hard water spots may still appear even on clean dishes, drinkware, and plumbing fixtures.

BBQ & Gas Propane Tanks: Please clean BBQ grill after each use just as you would clean the kitchen stovetop after preparing a messy meal. If the propane tank is empty, please refill the tank, email us a copy of the receipt, and Funtierland will reimburse the cost of the refill after checkout.

STROLLERS and Beach Amenities and CARE: As a courtesy the Vacation Rental may include strollers, beach chairs, sun umbrellas, boogie boards, etc. for guest use during their stay. We kindly ask that guests inform us if these items break during their use and we ask that these items are cleaned after each use. Strollers can get sticky and dirty after a long day at Disneyland but both Funtierland and future guests will be very grateful if you could take a few minutes to clean and wipe down the strollers and/or beach amenities after each use.

Lost & Found Return Policy: Guests are responsible for a $35 processing fee. Although we will try to collect items upon request, Funtierland is not responsible for any items left behind after check-out.

Early Check-In / Parking Late Check-Out / Parking: Approved on a case by case basis depending on several factors including but not limited to availability, pre-scheduled on-site maintenance, cleaning and repairs. If approved, additional fees may apply.

Luggage Storage: For logistical and security reasons, we typically do not allow luggage storage, however it may be approved on a case by case basis depending on several factors including but not limited to availability of the unit and the ability to coordinate.

Shipping/Deliveries: We do not offer shipping/delivery assistance via USPS, FedEx, UPS, Amazon, a local grocer, or any other carrier. Should you choose to schedule a delivery to the Vacation Rental during your stay, we cannot be held responsible for logistical issues, delays, undelivered, or missing packages. Shipping via FedEx, UPS or by any other means is at your own risk and is not permitted outside of the dates of your stay.

Media/Event use Restriction: The Vacation Rental may not be used or reproduced for, or as part of, any social media, online listing, photographic production, television production, movie/film production, wedding event, party, or in any other way in which our home becomes a setting for amateur or professional use of producing, staging, or otherwise, without Funtierland’s express written consent.

6. UTILITIES, INTERNET, TV USAGE:

Electricity, gas, cable tv, hot & cold water, and trash collection are provided by Funtierland. Wireless internet access is provided. If local phone service is provided, no long distance or international calling is allowed. Use of the Internet to access pornography, illegal content, or to commit any cyber-crime is not permitted and/or illegal and will be reported to local authorities. Guests are prohibited from purchasing any ON DEMAND entertainment, or downloadable or streaming content at Funtierland's expense.

7. HOUSEKEEPING AND SUPPLIES:

A one-time setup of linens, towels, soap, and basic paper products is provided for Guests' convenience, however daily maid service is not provided. Do not remove anything from the Vacation rental unless it is designed to be used outside of the Vacation Rental (i.e. beach towels and strollers) and all items must be returned to the Vacation Rental after off-site use in their original condition. Funtierland reserves the right to charge additional fees for excessive cleaning, laundry, and for ruined textiles and linens (i.e. stained towels or bleached sheets).

8. ENTERING VACATION RENTAL:

Funtierland may enter Vacation Rental including but not limited to: in the event of an emergency or relevant concern, to make necessary repairs, or for supplying necessary or agreed upon services. Except in cases of emergency entry or relevant concern, entry will be made during normal business hours.

9. THIRD PARTY BOOKINGS AND SUBLETTING:

Third parties (i.e. travel agents) are required to disclose their position at time of reservation. Funtierland contracts directly with Guests and not third parties. Guests may not sublet or assign this Agreement or the Vacation Rental in part or full.

10. LEGAL FEES, CHARGEBACKS, SMALL CLAIMS COURT, ARBITRATION, AND JURISDICTION:

In the event of any controversy, claim or dispute relating to this Agreement or any breach thereof, the parties agree to pay their own attorney’s fees and costs. In the event of a dispute including through credit card companies, the parties agree that the venue for dispute filing is small claims court, and/or if no resolution can be reached to submit to binding arbitration under the review of an independent arbitrator. This Agreement shall be governed by, enforced and construed in accordance with the laws of the State of California. If any term, provision or condition contained in this Agreement (or the application of any such term, provision or condition) shall to any extent be invalid or unenforceable, the remainder of this Agreement shall be valid and enforceable to the fullest extent permitted by law. In all cases the language in all parts of this Agreement shall be construed simply, according to its fair meaning under California Law. In the event any dispute arises between the parties, the parties agree that the venue or the given dispute shall exclusively be Orange County, California. The parties agree that this is a mandatory forum and venue selection clause.

11. CLASS ACTION AND JURY TRIAL WAIVER:

The parties agree that any dispute resolution proceedings will be conducted only on an individual basis (as outlined in Section 10 above) and not in a class, consolidated or representative action. If for any reason a claim proceeds in court, the parties waive any right to a jury trial.

12. GUEST(S) LIABILITY:

Guests are jointly and severally liable for all rent and other charges incurred during the term of this agreement, and for all damages to the Vacation Rental caused by themselves or unauthorized individuals. Each Guest may be held fully liable for the act(s) or omissions of the other Guest(s) in accordance with the provisions of this agreement.

13. GUEST(S) INDEMNIFICATION:

The Guest(s) hereby agrees that the Guest(s) will indemnify and hold harmless Funtierland and property owner(s) and/or property lessee against all loss or deficiency of rent or other payments and any negligence, act, or omission of acts by other persons, entity, or property. The Guest(s) hereby agrees to hold Funtierland and property owner(s) and/or property lessee harmless in all such matters including personal accidents and/or personal injury of any kind to any party (Guest or otherwise) including all areas and amenities of the property including but in no way limited to any pool or spa or bunk bed(s), unless such injury or damage is committed deliberately by Funtierland.

14. FUNTIERLAND LIABILITY:

Funtierland and its owners, clients employees, vendors, service providers, contractors or anyone representing or related to Funtierland or the property owner shall not be liable or responsible in any way and Guest or (un)authorized individual(s)l holds above individuals and or entities harmless for any injury or illness, accidental, personal, bodily, or otherwise to any Guest, or (un)authorized individual of Guest or person located on premises of the Vacation Rental, or while in use of any provided onsite/offsite amenities including but not limited to Bunk Bed(s), BBQ, pool and spa and equipment areas/storage, pool toys, playground facilities, beach toys, boogie boards etc., or for loss of, or damage to, any article belonging to Guest or (un)authorized individual of Guest, or person located in said Vacation Rental, or other Vacation Rental under control of Funtierland.

15. INSURANCE:

It is understood by Guest(s) and all parties that Guest’s personal effects are NOT insured by Funtierland and it is recommended that Guest insure his/her own personal property with his/her own insurance policy. Funtierland does NOT insure Guest for any personal injury or property damage including that caused by the act or omission of any other Guest or third party or by any criminal act or activity, war, riot, insurrection, fire, water, roof leaks, electrical or gas utilities, or act of God. Guest shall obtain and pay for any insurance coverage that Guest(s) deem(s) necessary to protect Guest(s) from any loss or expense that may be caused by such persons or events. Again, Funtierland strongly recommends Guests purchase appropriate travel insurance.

16. ASSIGNMENT:

Funtierland may assign this Agreement or any of its rights, or delegate any of its duties under this Agreement, at any time without your consent.

17. ENTIRE AGREEMENT:

The foregoing constitutes the entire agreement between the parties and supersedes any oral or written representations or agreements that may have been made by either party. Funtierland reserves the right to assign the Guests' reservation. The Guest also represents that they have relied solely on his/her own judgment and expertise in entering into this Agreement with Funtierland. Guest acknowledges they have read, understand, and will abide by this Agreement, the Anaheim Ordinance for Short Term Rentals, both General and Property Specific Funtierland Vacation Rental Rules, and all Community Association (HOA) Rules and Regulations and that all rules are deemed covenants of this Agreement, and that any violation of any of these rules and regulations shall constitute a breach of the Agreement.

$500-$700 STR RULES DEPOSIT ACKNOWLEDGEMENT

The refundable STR Rules Deposit is required to ensure guests comply with all Short Term Rental (STR) rules and regulations imposed by the City of Anaheim and Funtierland Vacation Rentals. The City of Anaheim and Funtierland have a Zero Tolerance Policy for STRs that negatively impact Anaheim neighborhoods. Funtierland strives to operate our vacation homes in a manner that allows our neighbors, many of whom are full-time residents, to peacefully enjoy their home and neighborhood. This additional STR Rules Deposit exists to help ensure guests of our homes are respectful to our neighbors, neighborhood, community, and homes.

Please note that all reservations are subject to the STR Rules Deposit. The STR Rules Deposit is fully refundable for reservations that follow all rules and regulations. The STR Rules Deposit will be forfeited for any reservation that does not follow all rules and regulations, in addition to possible eviction, and all other applicable fees and fines will be imposed to the full extent of the law, and no funds will be returned to a guest in the event of an eviction for violating any rule or regulation.

BY SIGNING BELOW, YOU AGREE TO BE RESPONSIBLE FOR YOURSELF AND EVERY INDIVIDUAL RELATED TO YOUR RESERVATION. YOU ACKNOWLEDGE AND UNDERSTAND THAT ALL OF THE FOLLOWING EVENTS AND ACTIVITIES ARE STRICTLY PROHIBITED IN ADDITION TO ALL OTHER APPLICABLE RULES AND REGULATIONS:

Any activity or event that reasonably disturbs our neighbors and/or triggers the involvement of city Code Enforcement or Police Third Party Vendors or equipment at the property (tables, chairs, bounce house, etc) Amplified music outdoors of any kind, at any time, and at any volume Any outside activities (pool, spa, bbq'ing, conversations, etc.) during Quiet Time Hours from 10pm-9am daily Over Occupancy at any time during your stay Any visitors who is not listed by name on the rental agreement Smoking in the house strictly prohibited or anywhere outside of the home that may disturb neighbors Any smell found inside the home or on the property as a result of smoking, vaping, or animals Exceeding the Number of Vehicles allowed at the property Parking on street without a displayed Permit Parking over the sidewalk (even a couple of inches) Failure to respond to or immediately comply with any method of communication (phone, text, email, onsite visit, etc.) requesting your immediate compliance to adhere to any/all rules and regulations Tampering with any outdoor security camera including touching, moving, covering, or unplugging. Cameras are outside and are used to ensure compliance with STR rules

Accidental Damage Fee – Funtierland Rentals (DOES NOT APPLY TO AIRBNB RESERVATIONS)

Accidental Damage Fee: In lieu of a standard rental deposit, Funtierland charges a non-refundable accidental damage fee. The amount of this fee is disclosed at the time of booking. The $59 fee covers up to $1,500, the $69 fee covers up to $2250 and the $79 fee covers up to $3,000 of accidental or unintentional damage caused by Guests (as defined in Funtierland Terms and Conditions). In the event that damage exceeds the maximum amount, or does not qualify under the terms of this agreement, Guests agree to pay all additional costs associated with damage, under the same payment terms as the reservation or as otherwise approved by Funtierland.

Guest agrees to immediately notify Funtierland of any damages that occur during their stay. Repairs will be made as situations require and scheduling allows.

Accidental Damage Fee DOES NOT cover unreported damage. Accidental Damage Fee DOES NOT cover costs associated with any intentional damage, negligence by Guests, pet damage, criminal or fraudulent acts, damage caused by acts that could reasonably be expected to result in damage, smoking, damage caused by acts that violate the terms of this agreement, damage caused by intoxicated tenants, etc., as determined by Funtierland. Accidental Damage Fee DOES NOT cover any fees or fines related to HOA violations, City ordinance violations, violations of this rental agreement, or excessive cleaning or utility usage fees. Accidental Damage Fee DOES NOT cover personal belongings of Guests. Accidental Damage Fee DOES NOT cover items removed from home and not returned. Guests agree to not remove any items from the home unless designed for that purpose (such as pool towels and strollers). Lost keys and garage clickers have a replacement cost due as outlined in the Funtierland Terms and Conditions. Accidental Damage Fee DOES NOT cover lost or stolen strollers. Accidental Damage Fee DOES NOT cover expense or damage caused by stoppage of waste pipes, garbage disposals, or overflows from bathtubs, showers, toilets, or sinks resulting from negligence or misuse. Accidental Damage Protection IS NOT a contract of insurance and Funtierland is not an insurance company.