SHORT TERM RENTAL AGREEMENT

                This Short Term Rental Agreement (the “Agreement”) is made by and between Snow Bear Chalets, managed by Montana Bear Properties, LLC (Manager) and GUEST, (“Guest”) as of the electronic acceptance date of this Agreement. For good and valuable consideration, the sufficiency of which is acknowledged, the parties hereby agree as follows:

1. Property:  The original three treehouses of Snow Bear Chalets are located at 3872 Winter Lane, Whitefish, MT, 59937 on the slopes at Whitefish Mountain Resort. The property is furnished and includes household appliances, furnishings, decorations, artwork, linens, towels, kitchen wares, audio/video equipment and personal property.

The specific treehouse will be either Ponderosa, Tamarack or Cedar, as per the confirmed booking reservation. Manager reserves the right to upgrade Guest into a larger or more expensive treehouse and/or chalet in order to accommodate other guests, without Guest’s prior permission.  

2. Rental Party/Maximum Occupancy:  The rental party shall be limited to the number listed on the rental reservation unless a specific written exemption has been made by the Manager. The rental party maximum number of guests is limited to X  persons as detailed below by unit, unless a specific written exemption has been made by the Manager.

Maximum number of guests:

Ponderosa and Tamarack- 6 guests       -          Cedar - 10 guests

If damage occurs related due to additional guests, all charges will be the responsibility of the individual whose name the reservation is in and will be charged to the credit card we have on file. At all times during said rental period, Guest agrees to have no more than the allowed number of guests for occupancy, including children. If more than the stated number of guests are found to be occupying the unit, without prior written permission, Manager may terminate this contract and Guest will forfeit all monies paid, including rent, cleaning, and deposits.

3. Term of the Lease:  The rental period begins at 4pm on the dates in the reservation and will end at 10am, on the check out date. Check in time is 4pm and check out time is 10am.  Late check out might be available for an extra fee and ONLY with prior manager approval. Should Guest not be out by 10 am, a late fee equivalent to one day’s rental rate may be charged to the Guest’s credit card on file and the guest will still be required to leave on demand by the property manager.

4.  Rental Rules:  Guest agrees to abide by the Rental Rules attached as Addendum A and to abide by the Rules in the Guidebook provided upon booking, at all times while at the property and shall cause all members of the rental party and anyone else Guest permits on the property to abide by the following rules at all times while at the property. Should Guest violate these rules, Manager reserves the right to cancel this rental immediately with no refund due to Guest.

5.  Noise: Guest understands and agrees that they, and all members of their rental party will be respectful to our neighbors, including, driving slowly on the road to the property, not creating any noise (including music) which the neighbors can hear, especially in the evening and during the night. Any violation of this rental agreement and Guest will be required to leave immediately, with no refund for any unused rental time.

6.  Access:  The Guest shall allow Manager access to the property for purposes of repair and inspection.  Manager shall exercise this right of access in a reasonable manner.

7.  Rental Rate and Fees: The rental rate shall be as stated on the rental form, with additional guests only permitted by prior written permission, at a rate of $100 per day/night per extra person.

1. Deposit:  A rental deposit is due to hold the reservation. The amount depends  upon your specific reservation. The deposit is non-refundable and will be applied toward the rental fees.
2. Balance:  If not already paid in full, any balance of the rental and all taxes, insurance fees, security deposit and cleaning fees must be paid in full, 60 days prior to the Check-In Date.  See the booking confirmation for the financial details. Should the reservation be made less than 60 days prior to occupancy, then the full amount shall be due at the time of booking.

8.   Security Deposit: The Guest shall pay a non-refundable fee of $99 per reservation as an insurance fee for any damages to the property up to $500 in damages. Should said damages exceed coverage of $500 and/or excessive cleaning time required due to Guest not taking care of the property Guest hereby assumes all liability and fully agrees to immediately reimburse Manager for any damages caused by Guest and their party which will be automatically billed to the Guest’s credit card on file. Manager will also place a $1500 authorization hold as a security deposit on Guest’s credit card. This may be used in the case of violations of this agreement, excess cleaning fees, late check-out or other charges due.

9. Service Animals: No pets are permitted with the exception of registered service animals (in which case a security deposit is required of $2500. DUE TO OWNER ALLERGIES, NO CATS ARE PERMITTED AT ANY TIME. The service animal can not be left alone in the chalet without prior written permission from Manager or Manager, in which case, the service animal must be kenneled in the guest's kennel, at guest’s expense. An additional cleaning fee of $500 will be charged. Should any service animal cause noise or disturb other guests, Manager reserves the right to require the service animal and/or guest to leave the property with no refund for remaining time.

9.  Condition of Property: Guest shall return the premises in the same condition as received. As a part of the rental agreement. The Guest will pay $400 for the cleaning fee which includes normal “turn” cleaning. Guest agrees they will be responsible for excessive additional cleaning if needed, and hereby agrees to reimburse Manager for any additional charges, at Manager’s sole discretion. The Guest also agrees to leave the property in good condition with all items, furniture, etc in the same place as where they found them upon move in. Should Guest rent more than one unit, Guest understands that furniture and Owner’s personal property in each chalet must remain in that specific chalet. In other words, bedding, furniture, kitchen items, etc may NOT be moved from one chalet to another. Should Guest do so, Guest will be billed at the rate of $200/hour for staff to put things back where they belong.

10.  Cancellation Policy: Guests are advised that any initial deposit and the full payment (if already paid) are NON-REFUNDABLE. Manager shall refund the balance ONLY in the case that Manager is able to re-rent the property for the same terms and conditions as the booking confirmation, attached and a part of this agreement. A 20% (of the rental fee) remarketing fee shall be charged. Should Manager not be able to re-rent the property for said canceled time, no refund or future credit shall be offered. Travel Insurance is recommended (see the link on our webpage).

11.  Travel and Vacation Rental Insurance:  Life is unpredictable, therefore, we encourage all guests to purchase travel insurance. If purchased by you, this insurance reimburses you for prepaid non-refundable expenses due to certain unforeseeable circumstances that may jeopardize your vacation investment and force you to incur unplanned expenses. This can include but is not limited to sudden illness, death in the family, or property unavailability due to Force Majeure. It is strongly recommended that guests purchase this valuable protection; however, guests have the option to decline to purchase travel insurance. The Guest can purchase Travel Insurance here- https://www.travelprotection.insure/mountains/.

Manager is not responsible for the relocation of the Guest should the house become non-habitable due to acts of God, such as wildfire, floods, tornadoes, earthquakes and natural disasters, or from the sale of the property where the buyer cancels existing reservations. Manager is not liable for the costs of finding an alternative accommodation or for damages because alternative accommodation cannot be found. Manager recommends the purchase of trip insurance that would protect the Guest from monetary loss from such an event.The Guest can purchase Travel Insurance here- https://www.travelprotection.insure/mountains/.

12.  No Assignment or Subletting: This Agreement shall not be assigned, nor the premises sublet without the prior written consent of the Manager. The Guest acknowledges that they will personally occupy the property for the entire lease or rental period and will not sublet any portion of the property. Violation of these terms shall give Manager the right to immediately evict Guest and terminate this Agreement, and Guest will forfeit any right of return of any monies paid to date including any security deposit.

13. Indemnification: Guest agrees to indemnify property Owner, Manager, Manager’s Agent and Montana Bear Properties, and save property Owner, Manager and Manager’s Agents from and against any and all claims, actions, damages, liabilities and expenses, including reasonable attorney’s fees in connection with the loss of life, personal injury and/or damage to the property arising from or out of any occurrence in, upon, or about the premises, occasioned by an act or omission by Manager, Manager’s Agent, Guest or other occupants.

The property Owner, Manager and Manager’s agents SHALL HAVE NO LIABILITY FOR DAMAGES OR INJURY to Guest or Guests: It is expressly understood and agreed that Manager and Manager’s Agents will not be liable for any damages or injury to Guest or other occupants and their property from whatever cause arising from the occupancy of said premises, both inside and outside of the house, whether on the property or elsewhere.

THE SUPERVISION AND SAFETY OF ALL CHILDREN ARE THE DIRECT RESPONSIBILITY OF GUEST OR PARENTS, OR CARETAKERS OF ANY CHILDREN ON THE PREMISES, including but not limited to decks, turret ladder and railings, loft area, bridges, hot tub and any and all other location or activities on the premises.

The Guest specifically accepts ALL liability for use of property including but not limited to bunk beds and hot tub on the property and understands that Manager and Manager’s Agent shall have no liability from any accidents, injuries, or death that may result from the proper or improper use of said bunk beds or hot tub. The Guest accepts total liability by voluntary use of said bunk beds and hot tub.

Additionally, Guest specifically accepts ALL liability for use of the ladder, gate and screening for the turret. The turret was created for viewing from the loft floor area only. Should Guest elect to climb the ladder and use the turret, Guest does so at Guest’s sole risk and with full acceptance of any and all personal liability from doing so, or for allowing other members of Guest’s party to do so. Guest understands that the property Owner, Manager and Manager’s Agents shall have no liability from any accidents, injuries, or death that may result from the proper or improper use of said ladder, gate or loft enclosure, or from any accident, injury or death that results from use or attempted use of the turret area. Guest accepts all liability for any and all members of Guest’s party for access to the turret area.

14. Entire Agreement: This document and any attached addenda constitute the entire agreement between the parties. No oral statements shall be binding. This Agreement may only be amended by a written document duly executed by all parties. It is the intention of the parties that if any portion of this Agreement is invalid for any reason, such invalidity shall not void the remainder of the Rental Agreement.

15. Disputes and Jurisdictions: This agreement shall be interpreted under the laws of the State of Montana. Any dispute under this Agreement shall be resolved in the County of Flathead, State of Montana. All disputes, controversies or claims arising out of or relating to this contract shall be submitted to mediation or arbitration in the County of Flathead. If either party brings an Action to enforce its rights under this agreement, the prevailing party may recover its expenses (including reasonable attorneys' fees) incurred in connection with the Action and any appeal from the losing party.

16. GUEST ACKNOWLEDGES THAT THEY HAVE REVIEWED AND UNDERSTAND THE TERMS OF THIS AGREEMENT , the COVID-19 Policies below, and the Rules and Regulations which are below and are a part of this Agreement, and agree to be bound by them.

ELECTRONICALLY SIGNED AND ACCEPTED BY GUEST

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Guest Signature

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Guest Name (printed)

The Snow Bear Kindness Creed

 (aka Rental Rules)

By making a reservation at Snow Bear Chalets, Guest agrees that Guest and Guest’s party will abide by these Rules and Regulations, as well as any other Rules and Regulations posted in the Guidebook or on the property.

1. Be kind to one another, respectful of the home you are renting and to the other guests you are sharing this space with. That’s the most important thing we ask, and if we all do that, most of the rest of these items will already be taken care of!

2. Be careful and use common sense to protect yourself, your family and others. In other words, no jumping from decks, throwing snowballs at people from your deck, etc… We want you to have fun, but be smart and be kind and respectful to your neighbors.

3. Guest understands that the unit is in the air and by its inherent nature, poses risk of injury, accident or death. The Guest warrants that a) all children will be attended when in the treehouse and chalets, but specifically on the deck, near or in the hot tub, in the loft or turret area, on the bridge or entry deck, and b) No one will jump or ski off of the deck, nor will the emergency ladder be used for access off of the deck, except in the case of a real emergency.

4. The Guest understands and agrees that the Manager and/or Manager’s Agents of Snow Bear Chalets are not responsible for any accidents, injuries or illness that occurs while on the premises or its facilities. Guest specifically indemnifies and holds the property Owner, the Manager and Manager’s Agent harmless from any liability. By accepting this reservation, it is agreed that all guests are expressly assuming the risk of any harm arising from their use of the premises or others whom they invite to use the premise. If all guests on this reservation do not personally sign this waiver of liability, then the primary renter accepts liability for all guests and hereby waives any Manager or Manager Agent liability on their behalf.

5. Manager and/or Manager’s Agent are not responsible for the loss of personal belongings or valuables of the guest.

6. Access to the property will be available at 4pm on the starting day of your rental period. The Guest will be given a code at check in for the keypad on the door, for private access to the chalet that will not be valid until 4pm.
7. Entry to the treehouses is restricted to Owners of units and Registered Guests listed on the Rental Agreement. In other words, if you want to hang with local friends, please do it elsewhere.The property shall not be used for gatherings of any kind for anyone other than the registered Guests (i.e. visiting guests, dinner parties, weddings, etc.) without advance express written permission of the Manager.

8. The Guest promises to keep the property and all furnishings in good order and to leave the property in the same (or better) condition than when it was rented. Furniture and bedding are not to be moved from their intended location.

9. Children: Snow Bear Chalets is family friendly and welcomes well-behaved children, who are respectful of the property. Parents hereby agree to supervise their children both indoors and outdoors, especially in and around the hot tub, and in the bunk bed and turret areas. Children and adults  not pre-approved on the rental agreement are not permitted in the treehouse.

10. Parking: There is parking for one medium-sized vehicle in front of Guest’s treehouse and one space in the Chalets garage.  Larger vehicles need to be parked below the chalets, where additional parking is accessible from Gelande St. Guest acknowledges that Winter Lane is narrow with little turnaround space and that it will be necessary to back down Winter Lane to leave. The Guest is never permitted to park in such a way as to block access on Winter Lane for neighbors and other guests.

11. Housekeeping: Linens and bath towels are included in the rental rate. A washer and dryer are provided for Guest’s use. Mid-stay maid service (minimum $200/visit) can be arranged for an additional charge, if arranged  in advance by the Guest.

12. Gas Fireplace: Please read the guidelines in the Snow Bear Chalets Guidebook on how to use the fireplace properly PRIOR to turning it on. This fireplace will get HOT so take precautions to keep children away from it when lit or when it is hot.

13. Plumbing: The system is very effective; however, it will clog if improper material is flushed. DO NOT FLUSH anything other than toilet paper. No feminine products should be flushed at any time. Please use only the toilet tissue that is provided. If there is a clog in the system. The Guest will be charged damages accordingly.

14. Hot Tub: Guest understands that a hot tub is available on the property for their private use. The Guest assumes any and all liability from the use of said hot tub. The Guest is aware that consuming alcoholic beverages while in the hot tub increases the alcoholic effect of the alcohol. The Guest will keep the hot tub closed and cover locked when not in use, and will supervise any children when using the hot tub. By using the hot tub, Guest agrees to assume all liability from said use and hereby indemnifies Manager.

15. Weather: Snow Bear Chalets is located in snow country. We love the snow but local roads can be snow covered, curvy and steep. If Guests’ car is not moved when the plow comes through, then the Guest will be responsible for shoveling their car out should Snow Bear Chalets receive significant snow during Guest’s stay. Guest pick-up and delivery service can be arranged for Guests who don’t want to drive. Manager highly recommends four wheel drive and/or chains during the winter months, and cannot refund anything due to road conditions. Travel insurance is recommended.

16. Pets: No pets are permitted at Snow Bear Chalets at any time, not even visiting pets, inside or outside.

17. Smoking: Smoking is NOT allowed on the property, either inside OR outside. Anyone in violation of this policy will be charged an additional $1000 cleaning fee and will be required to vacate the property immediately with no refund for unused time.

18. Alcoholic Beverages & Drugs: Guest agrees that there will be no illegal activities on the premises, including but not limited to: possession, serving or consumption of alcoholic beverages by anyone under the age of 21; or the possession or use of any illegal drugs. Additionally, Guest accepts full responsibility and liability and hereby indemnifies Manager and/or Manager’s agents for anything that happens in reference to Guest and/or Guest’s party partaking of any alcoholic beverages or drugs on the property.

19. Fireworks: Although fireworks may be legal in Montana, they are not permitted at Snow Bear Chalets nor anywhere on Whitefish Mountain Resort at any time.

20. Peace and Quiet: Please be respectful and keep noise confined to your chalet in consideration of our neighbors. We pride ourselves on being a building of kind and caring people and being respectful to one another. Your understanding and cooperation with this is greatly appreciated. Many guests don’t realize how loud they are when outside in the hot tub in the winter, and in the summer months with the doors and windows open. Please keep music and voices low to provide a good, peaceful experience for your neighbors. No outdoor speakers may be used at any time. Please be respectful of quiet time from 10pm to 8am. During these hours we ask that you keep noise that might disturb other guests to a minimum, both inside and outside. We REALLY appreciate this (and so will your neighbors). Thank you for your kindness.

21. The Guidebook to Snow Bear Chalets: This informative notebook will be available for Guests digitally prior to their stay, by specific chalet at  a link provided online. A hard copy will also be waiting for Guests in the dining room. This guide contains information about Whitefish Mountain Resort, the area, the treehouse chalet and tips to help Guests enjoy their stay.

22. HAVE FUN! We really want you to enjoy the beauty of Whitefish and the luxury and comfort of Snow Bear Chalets. If there is anything we can do to make your stay more enjoyable, please let us know.

By making a reservation at Snow Bear Chalets, Guest agrees that Guest and Guest’s party will abide by these Rules and Regulations, as well as any other Rules and Regulations posted in the Guidebook or on the property.

Guest acknowledges that electronic acceptance of this Agreement is legally binding acceptance of all terms and conditions, the same as if Guest had actually executed the Agreement in person. PAYMENT OF RESERVATION ACKNOWLEDGES ACCEPTANCE OF THE TERMS AND CONDITION OF THE RENTAL AGREEMENT AND GUEST’S AGREEMENT TO ABIDE BY THE RULES AND REGULATIONS.

Thank you again for staying with us at Snow Bear Chalets!