Terms & Conditions
Property Use
- No pets/animals are allowed in or on the property.
- No smoking is allowed inside, outside or on the property.
- No parties are allowed.
- Occupancy limit: Up to 3 people. If this number is exceeded these people will be vacated for trespassing.
- Unsuitable for children: The property and land of Akaydia are not child-proofed or child friendly
- Self Check-In: This is a self check-in property and you certify that you are willing and able to follow written directions that are provided to you through your booking channel.
Guest Lease Agreement
This short-term Guest Lease Agreement (the “Lease”) is made as of the latest date this Lease is executed by a party (“Effective Date”), by and between Getem Innovations Inc. (“Landlord”) and temporary guests of Landlord’s property (“Guest”). Landlord and Guest each may be referred to individually as a “Party” and collectively as the “Parties”.
WHEREAS, Landlord is the owner of certain real property of approximately 80 acres land which contains Hickory Outlook, a Single Family Studio Layout Tiny Home dwelling, Scenic Orchard, a barn, miscellaneous storage structures, and the Akaydia Victorian. Landlord offers this short lease in connection with the Hickory Outlook. Guests are permitted to access Hickory Outlook, which measures approximately 456 square feet and is comprised of one (1) bedroom(s) and one (1) bathroom(s) located in Barneveld, New York as well as the land immediately surrounding Hickory Outlook, except that Guest is not permitted to access Access is limited to Hickory Outlook and any lands not within 300 feet of other structures. (the exact address will be shared one (1) days prior to the arrival date via either the guide or messages) (the “Premises”) and
WHEREAS, For a brief period, Guest desires to lease from Landlord and Landlord desires to lease to Guest the Premises together with the improvements located thereon subject to the terms and conditions of this Lease and Landlord’s Terms of Service and Privacy Statement which are incorporated herein by reference.
NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated into the operative provisions of this Lease by reference, and for other good and valuable consideration, the receipt and adequacy of which are hereby conclusively acknowledged, the Parties agree as follows:
1.Property: Landlord does hereby demise and lease to Guest, its successors and assigns, and Guest does hereby take and hire from Landlord for a brief period, the Premises.
2.Term: The term of this short-term Lease begins and ends in conformity with the reservation details—as entered by you—on Landlord’s website or other reservation website such as Airbnb or VRBO (“Check-In & Check-Out Date with specific times also shown”).
3.Payment: An advanced payment equal to one hundred percent (100%) of the short-term rental rate is required to confirm Guest’s reservation (the “Payment”). The Payment will be applied toward the total short-term rental price of the Premises. Any reservation made by a guest within thirty one (31) days of the Check-In Date shall pay the entire Payment which shall be non-refundable. Payments paid more than thirty one (31) days from the Check-In Date are deemed refundable, or transferable to a future date, if Landlord is able to replace Guest’s reservation with the reservation of a different guest. Guest may request a cancellation and receive a refund without a replacement reservation being required if: (i) the request is made within forty eight (48) hours of the initial purchase and (ii) the request is made more than thirty one (31) days prior to the Check-In Date. Guest shall make Payments through Landlord’s online reservation system (available on Airbnb, VRBO, or www.Akaydia.com) using the online payment system with a debit or credit card, or other allowed payment options. If necessary, Guests may inquire about how to make the Payment in the form of a bank check, a money order, or cashier’s check, and Landlord may accept or not accept this method of payment at Landlord’s sole discretion.
4.Returned Checks: If applicable, Guest shall pay Landlord Thirty Dollars ($30.00) for each check that is returned to Landlord unpaid.
5.Cleaning Fee: Guest is subject to a non-refundable cleaning fee in the amount of one hundred twenty five Dollars ($125.00).
6.Damage Deposit: A damage deposit or waiver in the amount of five hundred dollars ($500) is required for your stay at Landlord’s sole discretion (the “Damage Deposit”). The Damage Deposit is due no sooner than the date and time of your booking and no later than five (5) days prior to the Check-In Date. Landlord may cancel Guest’s reservation for Guest’s failure to pay the Damage Deposit at the time specified herein. The Damage Deposit shall be held in a non-interest-bearing account. The Damage Deposit shall not be applied towards the Payment. The Damage Deposit is fully refundable within a reasonable time after the Check-Out Date, except as provided herein, provided that Landlord, in its sole discretion, determines that:
a. No damage is done to the Premises or its contents beyond normal wear and tear;
b. No charges were incurred due to contraband, pets, late check-out, or smoking during the term;
c. No excessive cleaning is required;
d. No excessive utility charges were incurred; and
e. No linens/towels were lost, stolen or damaged;
7.Maximum Occupancy: The maximum number of overnight guests for the Premises is limited to the number of persons—as entered by you—on Landlord’s website. The maximum occupancy for the Premises shall not exceed three (3) persons. Landlord reserves the right to increase or decrease the maximum number of guests at Landlord’s sole discretion. If Guest exceeds the maximum occupancy, then Guest, and any of their guests, are subject to immediate removal from the Premises and Guest forfeits the full Payment and full Damage Deposit.
8.Guest’s Responsibility: Guest is responsible for its behavior and the behavior of its guests and invitees. Guest will reimburse Landlord within ten (10) days of invoice for the cost of all losses, damages, fines and reasonable legal expenses incurred by Landlord because Guest and its guests and invitees have not obeyed government laws and orders of the agreements or rules of this Lease. Guest shall notify Landlord of any damage or problems with the Premises.
9.Guest’s Departure: Prior to leaving the Premises:
-Guests shall leave all items originally on the premises; and
-Guests shall notify if there were any items broken or damaged during the stay;
9.1 Guests will be charged a fifty ($50.00) late check-out fee for every 30 minutes they still occupy the premise after the checkout time and will be charged an additional day if still occupying the premise 2 hours after checkout. (this does NOT award you possession for an additional day. It is a penalty for holding possession beyond when you are supposed to as this can negatively impact future reservations and our housekeeping. Additional day is based on rate without discounts.
10.Objectionable Conduct: Guest will not engage in objectionable conduct. Objectionable conduct means behavior which makes or will make the Premises less fit to live in for the Guest and/or other permitted occupants. Without limiting the generality of the foregoing, Guest shall not have any explosive, flammable, or hazardous substance or anything else of a dangerous nature in or on the Premises, or possess, use, sell or manufacture any illegal drugs and/or chemicals in or on the Premises. Objectionable conduct by Guest gives Landlord the right to end this Lease and shall forfeit the Damage Deposit and Payment.
11.Quiet Enjoyment: Guest and Guest’s guests and invitees shall not violate quiet enjoyment of any neighbors of the Premises or other guests.
12.Landlord Access: Guest shall allow Landlord and Landlord’s agents to access to the Premises at any time during the term of Guest’s stay. Guest shall not deny Landlord’s or Landlord’s agents access to the Premises. If Guest refuses to allow Landlord or Landlord’s agents to the Premises, then Landlord shall terminate this Lease and Guest along with Guest’s guests and invitees, if any, will immediately vacate the Premises and will forfeit the Damage Deposit and Payment.
13.Termination:
a.Termination By Guest:
Guest may, upon Thirty One (31) day’s written notice to Landlord, cancel its reservation and terminate this Lease, and Landlord may refund Guest’s Payment in full or transfer to a new reservation only if and when the Landlord is able to re-fill the days Guest booked initially as provided in Section 3 herein.
If Guest terminates this Lease less than thirty one (31) days prior to the Check-In Date will forfeit the Payment.
Guest’s late arrival or early departure does not warrant any refund of Payment or Damage Deposit.
b.Termination By Landlord:
Landlord may terminate this Lease without cause, or with cause if Guest violates any terms or conditions of this Agreement.
14.Smoking: No smoking is allowed in or on the Premises. Guest shall not smoke and shall not permit the smoking of Guest’s guests, employees, licensees, invitees, or agents while occupying the Premises. If Landlord discovers any evidence of smoking while Guest or Guest’s guests, employees, licensees, invitees, or agents occupy the Premises, then Guest shall be subject to an additional fee of three hundred dollars ($300.00) per day.
15.Assignment & Sublease: Guest cannot assign his/her interests under this Lease or sublet the Premises without Landlord’s prior written consent in each instance to a request made by Guest to Landlord, which shall also be in writing. Landlord may refuse to consent to a lease assignment or a lease sublet for any reason or no reason. Landlord may impose a reasonable credit check fee on Guest in connection with an application to assign or sublet.
16.Falsified Reservations: Any reservation made under false pretenses will be subject to forfeiture of the Damage Deposit and Payment. The individual(s) who made the reservation under false pretenses shall not be allowed to check-in to the Premises.
17.Indemnification: To fullest the extent permitted by applicable law, Guest shall indemnify and hold harmless, and at Landlord’s option, defend Landlord, its parents and affiliates and their respective officers, directors, members, managers, partners, employees, servants, agents, contractors and representatives (each, individually, an “Indemnified Party” and, collectively, the “Indemnified Parties”), from and against any and all liabilities, damages, losses, costs, expenses, including, without limitation, any and all reasonable attorney’s fees and disbursements, causes of action, suits liens, claims, damages, penalties, obligations, demands or judgments of any nature, including, without limitation, for death, illness (including communicable diseases), personal injury and property damage, for economic damage caused by Guest, and for claims brought by third parties for personal injury, illness (including communicable diseases), property damage or other damages, incurred by any Indemnified Party to the extent arising out of or in connection with this Agreement.
18.Disclaimer: LANDLORD DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES AND GUEST, FOR ITSELF AND ITS HEIRS, SUCCESSORS AND ASSIGNS, HEREBY RELEASES LANDLORD, ITS PARENTS AND AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, PARTNERS, EMPLOYEES, SERVANTS, AGENTS, CONTRACTORS AND REPRESENTATIVES FROM ANY AND ALL LIABILITY ARISING OUT OF ANY CLAIMED WARRANTY BOTH EXPRESS AND IMPLIED. LANDLORD SHALL HAVE THE RIGHT, BUT NOT THE RESPONSIBILITY, TO DO ALL THINGS AND TO TAKE ALL STEPS NECESSARY TO REDUCE THE HAZARDS AND DANGERS THAT, IN LANDLORD’S JUDGMENT, APPEAR TO BE PRESENT OR FORESEEABLE.
19.Miscellaneous: At all times during the Term, Guest shall comply with the following provisions while in or on the Premises:
a.When Guest makes its reservation with Landlord, Guest MUST identify all names and addresses of each individual who will be staying at the Premises in Guest.
i.Any undeclared guests may result in (1) additional charges to Guest and (2) Landlord’s early termination of this Lease subject to Guest’s sole cost and expense.
b.Guest shall only dispose biodegradable items in any toilet or drain.
c.Guest shall maintain a minimum temperature fifty five degrees Fahrenheit (55°F) and a max of seventy eight degrees Fahrenheit (78°F) even when the Guest or any occupant is not in or on the Premises.
d.If there is more than one named Guest on this Lease, all named Guests shall be jointly and severally liable for each and every provision and obligation under this Lease.
e.The Parties agree that Guest is solely responsible for the health, safety and well-being of Guest and Guest’s guests.
f.Use of Hot Tub and Infrared Sauna: Guest understands that there are inherent and potential dangers involved in the use of a hot tub and infrared sauna. Pregnant women, individuals with heart disease, and children under the age of twelve (12) years old are not permitted to use the hot tub. Guest shall not use the hot tub at a temperature greater than one hundred and seven degrees Fahrenheit (107°F). Guest shall not use the sauna at a temperature greater than one hundred and forty degrees Fahrenheit (140°F).Guest agrees that Guest is liable for any injuries or damages that result from the use or misuse of the hot tub or infrared sauna. Should Guest or Guest’s guests contaminate the water with glass, lotion, hair spray, liquids or suntan lotion by not abiding by the rules, Guest will be charged an additional five hundred dollars ($500) to cover the cost to drain, clean and refill the tub and remediate the contamination to the filtering system. Should Guest or Guest’s guests contaminate the infrared sauna with glass, lotion, hair spray, liquids or suntan lotion by not abiding by Landlord’s rules, Guest agrees to an additional charge of five hundred dollars ($500) to cover the cost to repair, and clean to remediate the contamination of the sauna.
g. Guest acknowledges that the Premises is not child proofed and it is not stated as safe for children.
h. Guest will be charged an emergency cleaning and disturbance fee of at least one hundred twenty five ($125.00) if they enter a property, Premises or structure that Guest did not rent.
i.Guest is required notify Landlord immediately of any issues or complaints so that they can be addresses in a timely manner, prevent and mitigate damage to the property, and increase your enjoyment.
j. Guest must rinse utensils, glassware, & dishware to prevent debris hardening to the surface which would result in an extending cleaning.
20.Governing Law: This Lease shall be governed by, and construed in accordance with, the laws of the State of New York without reference to the conflicts of laws provisions. Any action or proceeding brought by the Parties pertaining to this Agreement shall be brought only in a court of competent jurisdiction in the State of New York and the venue shall be in Oneida, New York.
21.Counterparts: This Lease may be executed in any number of counterparts, including electronic counterparts, each of which shall be deemed an original and, when taken together, shall constitute one and the same document.
22.Enforcement: If any action at law or in equity is necessary to enforce or interpret the obligations in this Lease, the prevailing party shall be entitled to reasonable attorneys’ fees, expenses, costs and disbursements in addition to any other relief to which such party may be entitled.
23.Severability: If any provision contained in this Lease is declared or held invalid by any court of competent jurisdiction, such declaration or holding shall not affect the validity of any other provision contained herein.
24.Binding Nature: This Agreement shall be binding upon and inure to the benefit of the Parties hereto, their respective heirs, distributees, legal representatives and assigns.
25.Entire Agreement: This Lease, including the attached Exhibits, constitutes the entire and final understanding of the Parties and it supersedes all prior oral or written documents, commitments, or understandings in connection with the subject matter of this Lease. This Lease may only be modified or supplemented by a written instrument executed by the Parties hereto.
IN WITNESS WHEREOF, the Parties hereto have executed this Lease and have caused their names to be hereunto subscribed as of the Effective Date.