RENTAL AGREEMENT

This Rental Agreement (this “Agreement”) is a legally binding contract by and between yourself (the “Guest”) and Cohobnb Properties, LLC, d/b/a Cohova Properties (the “Rental Agent”), in its authorized capacity as agent for and on behalf of the Property (hereinafter defined) owner. Guest and Rental Agent are each a “Party” and, together, the “Parties.” For and in consideration of the mutual agreements and covenants set forth herein, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

1. Services

The Rental Agent operates and maintains an internet platform (the “Website”) for various property owners to list their respective properties for lease to prospective guests and provide a means of exchanging payment for the same (Rental Agent’s “Services”). Guest acknowledges, understands and agrees that Rental Agent shall only be liable for direct damages actually suffered, paid or incurred by Guest due to an attributable shortcoming by Rental Agent in providing its Services and, in no event, shall Rental Agent be liable in an amount exceeding Reservation Cost, as defined below.

2. Listing

Guest has selected a property that has been listed on the Website (the “Listing”). Guest has conducted a full and complete review of the Listing and Guest agrees to rent that property specifically identified thereon (the “Property”). Guest agrees to rent the Property for those available dates Guest has selected at the rate shown and paid by Guest (“Rental Rate”) through the Website (the “Reservation”). In addition to the Rental Rate, Guest will be charged those fees (i.e. cleaning fee) identified and set forth on the Listing and/or at checkout, prior to Guest confirming its Reservation. All amounts owed by Guest for its Reservation along with any and all applicable taxes is the “Reservation Cost.”

3. Property

Rental Agent does not own the Property. Rather, the Rental Agent is an agent of the owner of the Property (the “Host”) who has been authorized to list the Property in a Listing on the Website and assist in securing Reservations. Notwithstanding anything herein to the contrary, Guest acknowledges, understands and agrees that Rental Agent is not an agent for Guest, but for Host, and that Rental Agent is not responsible, nor shall be held liable, for any condition, feature, attribute, circumstance or aspect of, on or about the Property which causes or may cause any physical or mental harm or injury to person or property, illness, disability, or even death. Nothing herein shall be construed as a covenant, assurance, representation or any other form of warranty by Rental Agent as to the condition, quality, safety or suitability of the Property.

4. Permitted Use

Guest and its Visitors are to use Property for personal overnight lodging (“Permitted Use”). Any other use of the Property is prohibited which includes, but is not limited to, any unlawful or illegal use including, but not limited to, any use that amounts to a violation of applicable law, code or the neighborhood covenants for which the Property is subject, or any use while Guest or any of its Visitors (hereinafter defined) are in violation of this Agreement (“Unpermitted Use”). Guest shall be liable for any damages done, expenses incurred, or injury suffered as a result of any Unpermitted Use of the Property. Neither Rental Agent nor Host shall be responsible for any loss, damage, injury or expenses of any nature arising out of or relating to an Unpermitted Use.

5. Photo Identification Requirement

Guest will furnish to Rental Agent, upon Rental Agent’s request, a valid, current government-issued photo identification. Failure to provide Rental Agent with the identification required herein may result in a cancellation of the Reservation in which case Guest will be required to pay any and all fees set forth in this Agreement including, but not necessarily limited to, the cancellation fee or as otherwise provided in Section 9 and Section 22 hereof.

6. Visitors

Guest acknowledges that each Listing designates how many persons are permitted to be upon the Property. Guest agrees to allow only the number of persons on the Property the Listing authorizes (“Permitted Visitors”). Whenever the number of persons on the Property exceeds the number authorized by the Listing, all persons except for the Guest are considered unpermitted visitors (“Unpermitted Visitors”). Any activity carried out while Unpermitted Visitors are present on the Property is an Unpermitted Use. Permitted Visitors, Unpermitted Visitors or any other person on the Property as a consequence of Guest’s Reservation is hereinafter referred to as “Visitor.” By entering this Agreement, Guest, on behalf of itself and any of its Visitors, agrees to any and all terms, conditions, rules, and restrictions provided herein, as well as those on the Listing or the Website, which are incorporated herein as if set forth in full. GUEST ARE PERSONALLY RESPONSIBLE FOR THE ACTS AND OMISSIONS OF ITS VISITORS. GUEST WILL INDEMNIFY AND HOLD RENTAL AGENT AND HOST HARMLESS FROM ANY AND ALL LIABILITIES, DAMAGES, INJURIES, LOSSES, AND JUDGMENTS OF ANY KIND WHATSOEVER, INCLUDING ALL COSTS, ATTORNEYS’ FEES AND EXPENSES INCIDENTAL THERETO, ARISING FROM OR RELATING TO THE ACTS OR OMISSIONS OF THE GUEST, ITS VISITOR OR THE UNPERMITTED USE OF THE PROPERTY.

7. Assumption of Risk

Guest is provided the Property in its “as is, where is” condition, with all faults. Guest acknowledges that some Property amenities, which may or may not include, hot tubs, pools, spas, saunas, fireplaces, decks, fitness equipment, kitchen equipment, trampolines, playground sets, kayaks, bicycles, and/or access to lakes, ponds, and hiking trails, among others (collectively, the “Amenities”) may, by their very nature, be hazardous and may carry the risk of injury, illness, property damage, disability and/or death. By entering this Agreement, Guest, on behalf of itself and Visitors, agrees to operate or otherwise utilize the Property and its Amenities, if any, by using and/or enjoying said Property and Amenities in their common and intended manner and assumes any and all risks associated with use of the same. Guest likewise, on behalf of itself and Visitors, solely and exclusively bears the risk of any damage to, loss or theft of personal property brought to the Property by Guest or its Visitors.

8. Rules

Guest will check in and check out on the dates specified in its Reservation (Guest’s “Occupancy”). At all times during its Occupancy, Guest will comply with and abide by any and all rules, restrictions, limitations or other instructions provided in this Agreement, the Listing or on the Website, which are incorporated herein by reference as if set forth in full. In addition thereto, during its Occupancy, Guest acknowledges, understands and agrees to comply with and abide by the following: A. Animals are only permitted if the Listing for the Property states so. Otherwise, animals are specifically prohibited. If Guest has a certified service-animal or certified emotional support animal, it must contact Rental Agent prior to booking the Reservation so that a proper accommodation can be made. B. Guest will be present at the Property any time a Visitor is on the Property. C. No smoking of any kind (tobacco, marijuana, vaping, etc.) is permitted inside the Property. D. No illicit drug use or other unlawful activity is permitted on the Property. E. Parties of any nature are specifically and explicitly prohibited on the Property. F. Guest will refrain from any behavior including, but not limited to, excessive noise, obscene activity, or disruptive conduct, which may disturb, annoy, endanger or inconvenience the Property’s neighbors. G. Guest will not rent, sublease or assign any interest it has in the Property pursuant to its Reservation to another person(s) or entity.

9. Cancellations

This Section 9 provides the “Cancellation Policy” for a Guest’s cancellation of an existing Property reservation. Any Reservation booked directly on the Rental Agent’s Website is a “Direct Booking.” Any other reservation of Property managed by the Rental Agent is an “Indirect Booking.” The Cancellation Policy for an Indirect Booking is as provided on the Property’s listing on the third-party site, the same of which is incorporated herein by reference as if set forth in full. The Cancellation Policy for a Direct Booking is as follows: A. Guest will be charged and shall pay to Rental Agent as a cancellation fee a sum equal to five percent (5%) of the total Reservation Cost, the same of which Rental Agent may reduce and withhold from any refund owed to Guest pursuant this Section 9(A). Subject to the fee in the foregoing sentence: i. Guest will be entitled to a 100% refund of all amounts paid to Rental Agent for Guest’s cancellation of an existing Reservation thirty (30) days or more from the first day upon which Occupancy is to commence; ii. Guest will be entitled to a 50% refund of all amounts paid to Rental Agent for Guest’s cancellation of an existing Reservation between fifteen (15) and twenty- nine (29) days from the first day upon which Occupancy is to commence; and iii. Guest will not be entitled to any refund of any amount paid to Rental Agent for Guest’s cancellation of an existing Reservation fourteen (14) days or less from the first day upon which Occupancy is to commence. B. Notwithstanding the foregoing or anything contained herein to the contrary, Section 9(A) shall not apply for a Direct Booking of a Reservation lasting thirty (30) or more nights, which shall be governed as provided in this Section 22. C. Further notwithstanding anything contained herein to the contrary, By entering this Agreement, Guest verifies that is has identified, read, and consents to the Cancellation Policy.

10. Payments

Should a Guest book a Reservation more than thirty (30) days from the first day of the Reservation’s Occupancy, Guest shall pay at the booking of said Reservation fifty percent (50%) of the Reservation Cost with the remaining fifty percent (50%) due and payable thirty (30) days before the first day of the Reservation’s Occupancy. Should a Guest book a Reservation thirty (30) days or less from the first day of the Reservation’s Occupancy, Guest shall pay at the booking of said Reservation one hundred percent (100%) of the Reservation Cost. This two (2) aforementioned sentences shall not apply for Extended Reservations, whose payment terms are governed by Section 22(A) and Section 22(B). The failure of a Guest to pay any amount owed by it for a Reservation shall automatically be deemed the Guest’s cancellation thereof under this Agreement. Guest acknowledges, understands and agrees that any Reservation lasting 1-29 days in length will be subject to sales tax, whereas a Reservation lasting 30 or more days in length will not be subject to sales tax.

11. Modification of Reservation

This Section 11 provides the “Modification Policy” for a Guest’s request to change the dates of an existing Reservation (a Reservation “Modification”). A Modification will only be deemed effective upon (1) Guest, in writing, requesting said Modification from the Rental Agent and (2) Rental Agent approving the Modification in writing. The Modification Policy for an Indirect Booking is as provided on the Property’s listing on the third-party site, the same of which is incorporated herein by reference as if set forth in full. The Modification Policy for a Direct Booking is as follows: A. No Modification will be approved if the dates requested by the Guest are unavailable for the subject Property; B. Subject to notifying Rental Agent and receiving written approval of the same, a Guest may make a Modification to their existing Reservation at any time so long as said request is (a) made thirty (30) or more days from the first day of the Reservation’s Occupancy and (b) the requested dates for the subject Property is available. C. Any Guest seeking to modify their existing Reservation within thirty (30) days of the first day or last day of the Reservation’s Occupancy may submit a Modification request in writing to Rental Agent. If the request for Modification is granted, (1) Guest will be responsible for paying all applicable cancellation fees under Section 9 hereof for each night of the original Reservation’s Occupancy and (2) the modified Reservation will instantly become non-refundable and the Reservation Cost shall be due and payable by Guest regardless of whether it occupies the Property or not; and D. Guest hereby acknowledges, understands and agrees that, (i) in the event the total amount owed for a modified Reservation is less than the amount owed for the initial Reservation, Guest will not be entitled to a reimbursement or adjustment to the lower price owed, (ii) in the event the total amount owed for a modified Reservation exceeds the total amount owed for the initial Reservation, Guest will be charged and shall pay for said increase, and (iii) Rental Agent reserves the right, in its discretion, to charge to Guest a Modification fee of up to 50% of the price of the initial Reservation in addition to those amounts owed for the modified Reservation to help offset some of the revenue lost by other prospective guests who were unable to reserve the subject property due to Guest’s original Reservation of it.

12. Property Damage

Guest will use and maintain the Property in a reasonable, safe, sanitary and careful manner so to avoid damage to its interior and exterior structures, improvements, furnishings, fixtures, flooring, windows, landscaping and outdoor areas. In the event the Property is damaged or destroyed during the Guest’s Occupancy, Guest may be charged in an amount equal to the value necessary to repair or restore the Property to its condition immediately before the Reservation. In such event, Guest agrees to make said payment promptly upon receiving notification of the same.

13. Entry and Inspection

When Guest’s Occupancy exceeds one (1) week in length, Rental Agent may, upon giving notice to Guest, enter the Property to inspect it or to show it to prospective purchasers or future guests. If Rental Agent or Host has a reasonable belief that there is imminent danger to any person or property, Rental Agent or Host may enter the Property without advance notice.

14. Default

If Guest, or any of its Visitors, shall fail to comply with or abide by any one (1) or more of the terms, conditions, rules, or restrictions set forth in this Agreement, or those set forth in the Listing or on the Website, which are incorporated herein as if set forth in full, Guest shall be in default (“Default”). If Guest or any of its Visitors are in Default, either Rental Agent or Host may immediately cancel the Reservation by notifying Guest of the same. In the event Rental Agent or Host has cancelled the Reservation pursuant to this Section, Guest shall immediately surrender the Property by promptly removing all of its possessions. Guest acknowledges, understands and agrees that, should it and its Visitors fail to promptly surrender the Property, it is to be considered a trespasser and Rental Agent and/or Host shall be permitted to take whatever steps necessary under the law to have Guest and/or its Visitors physically removed from the premises. In the event of a Default, Guest shall not be entitled to a refund or reimbursement of any funds it has paid pursuant to the Reservation. Any costs or expenses, including reasonable attorneys’ fees, incurred by Rental Agent as a result of Guest’s Default shall be charged and paid by Guest within five (5) days of receiving notice of same.

15. Unavailability

In the event the Property becomes unavailable for the dates so designated in the Reservation due to events or circumstances beyond the control of Rental Agent, Rental Agent will promptly search for a different property as similar to the Property as it can (the “Replacement Property”). Rental Agent will notify Guest of Property unavailability within three (3) business days of learning of same or, in any event, prior to Guest’s Occupancy. Rental Agent will offer Guest the Replacement Property in lieu of the Property at a cost not to exceed that expended by Guest for the Reservation. Guest shall have the right, but not the obligation, to accept the Replacement Property in which event Rental Agent shall have the Reservation amended to reflect the same. Should Guest reject the Replacement Property, Guest shall be entitled, as its sole and exclusive remedy, to a full reimbursement of those funds it expended on Rental Agent’s Website for its Reservation.

16. Fines

The following activities are explicitly prohibited on the Property and, if performed, permitted or otherwise carried out during Guest’s Occupancy by Guest or any of its Visitors, Guest will be penalized by a fine in an amount equal to the total price of the Reservation: smoking (tobacco, marijuana or any other substance), vaping, illicit drug use, impermissibly bringing pets or animals on the Property, and any unlawful conduct or activity.

17. Severability

If any provision of this Lease or the application of any provision to any person or circumstances shall be held invalid or unenforceable, the remainder of this Lease shall not be affected thereby and shall remain in full force and effect.

18. Entire Agreement

This Agreement, and those items specifically incorporated by reference herein, constitutes the entire agreement between the parties with regard to the Property and Reservation. No amendment, modification, addendum or revision of this Agreement shall be valid unless in signed writing by all Parties.

19. Lead-Based Paint

Guest acknowledges that the Property may have been built prior to 1978 and homes built prior to 1978 may be at risk of containing lead-based paint. Guest hereby acknowledges that the Property may have lead-based paint.

20. Damage Waiver Fee

At the booking of a Reservation, Guest will pay a non-refundable Damage Waiver Fee in the amount reflected at checkout (the “Damage Waiver Fee”). The Damage Waiver Fee will be added to the total amount owed by Guest and available for his or her review prior to booking the Reservation. If Guest shall proceed with the Reservation, the Damage Waiver Fee will and shall be considered the property of Rental Agent immediately upon its payment. Rental Agent may use (or not use) the Damage Waiver Fee for any purpose it sees fit, in Cohobnb’s sole discretion.

21. General Provisions

This Agreement is applicable to the Parties’ assigns and successors of interests, if any. Rental Agent may assign this Agreement at any time in its sole and absolutely discretion in which case Guest shall attorn to Rental Agent’s assignee or successor in interest under this Agreement. A failure by Rental Agent to enforce any Default shall not be considered a waiver of that Default or any subsequent Default. Each party has had the opportunity to retain counsel for the review of this Agreement. Accordingly, the normal rule of construing ambiguities against the drafting party shall not be employed in the interpretation of this Agreement. This Agreement shall be subject to and governed by the laws of the state of Arkansas. Any dispute concerning the subject matter hereof shall be brought exclusively in the Circuit Court of Benton County, Arkansas, to which all Parties consent to the jurisdiction thereof.

22. RESERVATIONS LASTING THIRTY (30) NIGHTS OR MORE

Notwithstanding the foregoing or anything contained herein to the contrary, this Section 22 shall apply only to those Reservations of thirty (30) nights or more (an “Extended Reservation”): A. For an Extended Reservation lasting thirty (30) nights or more but less than 180 nights, Guest shall pay to Rental Agent as follows: i. At the time the Extended Reservation is booked, Guest shall pay the full cost for the first 30 days of the Occupancy along with all fees owed pursuant hereto; ii. On the first day of the Occupancy, Guest shall pay for the second 30 days of the Occupancy or however many days remain apart of the Reservation, whichever is less; iii. Any subsequent 30-day period of the Extended Reservation shall be paid thirty (30) days prior to the first day of said 30-day period. For example, and for illustrative purposes only, if a Guest books a four-month Extended Reservation which commences January 15, 2024, the Guest will owe, at the time said Reservation is booked, all amounts owed from January 15 – February 14, 2024, along with all fees owed pursuant to this Agreement. On January 15, 2024, at check-in, Guest will owe all amounts owed for February 15 – March 15, 2024. Then, thirty (30) days prior to the succeeding thirty 30-day period (March 16 – April 15, 2024) – that is, February 15, 2024 – Guest shall owe and pay all amounts due for said third 30-day period. Then, finally, on March 15, 2024, Guest will pay for its final 30-day period of April 15 – May 15, 2024; and iv. All amounts paid pursuant to this Section 22(A) shall be non-refundable. B. For an Extended Reservation lasting 180 nights or more, Guest shall pay to Rental Agent as follows: i. At the time the Extended Reservation is booked, Guest shall pay the full cost for the first thirty (30) days and the last thirty (30) days of the Occupancy, along with all fees owed pursuant hereto; ii. Guest shall pay for each successive thirty (30) day period thirty (30) days prior to the first day of said 30-day period. For example, and for illustrative purposes only, if a Guest books a seven-month Extended Reservation which commences January 15, 2024, the Guest will owe, at the time said Reservation is booked, all amounts owed from January 15 – February 14, 2024 and July 15 – August 15, 2024, along with all fees owed pursuant to this Agreement. On January 15, 2024, at check-in, Guest will owe all amounts owed for February 15 – March 15, 2024. Then, thirty (30) days prior to the succeeding thirty 30-day period (March 16 – April 15, 2024) – that is, February 15, 2024 – Guest shall owe and pay all amounts due for said third 30-day period. This shall continue for each thirty (30) day period until the seventh payment has been made; and iii. All amounts paid pursuant to this Section 22(B) shall be non-refundable. C. Any request by a Guest for a Modification to an Extended Reservation shall be made to Rental Agent in writing not less than thirty (30) days before the first day of Occupancy. No Modification to an Extended Reservation will be granted if either (i) the Property is not available for the requested dates or (ii) Guest fails to provide the required notice in the timeframe specified in the preceding sentence; and D. The Cancellation Policy for a Guest’s cancellation of an Extended Reservation is governed by this Section 22(D). Guest will be charged and shall pay to Rental Agent as a cancellation fee a sum equal to five percent (5%) of the total Reservation Cost, the same of which Rental Agent may reduce and withhold from any refund owed to Guest pursuant this Section 22(D). Subject to the fee in the foregoing sentence: i. For an Extended Reservation lasting 30-180 days in length, Guest may cancel the Extended Reservation and receive a 100% refund of all amounts paid to Rental Agent, but only if it provides a written request to Rental Agent for the cancellation not less than thirty (30) days before the first day of the Occupancy; ii. For an Extended Reservation lasting longer than 180 days, Guest may cancel the Extended Reservation and receive a 100% refund of all amounts paid to Rental Agent, but only if it provides a written request to Rental Agent for the cancellation not less than sixty (60) days before the first day of the Occupancy; iii. In the event Guest desires to cancel an Extended Reservation but does not provide notice in the time period specified in the preceding subsections (i) and (ii), Guest may do so upon providing Rental Agent written notification of the same and paying the first sixty (60) days or, if the Extended Reservation was less than sixty (60) days, for every day, of said Occupancy.