SHORT TERM RENTAL TERMS AND CONDITIONS

This Short Term Rental Terms and Conditions (the “Agreement”) is made by and between Flexhome LLC (dba “Flexhome”) and you (“Guest”) as of the date of the Booking Confirmation. By booking a stay with Flexhome, the Guest agrees as follows:

Rental Party: The rental party shall consist of the Guest and any persons designated in the Booking Confirmation only. Additional unauthorized guests are not permitted. An additional charge per person per night based on the number of guests may apply to the reservation.

Guest: {{guest_first_name}} {{guest_last_name}}

Address: {{address}} (the "Premises")

Unit: {{listing_unit}} (the "Unit")

Duration of Stay: The duration of the stay shall be designated in the Booking Confirmation. Staying past the check-out date and time is not permitted. Overstaying the reservation may incur additional fines.

Acceptance and Electronic Consent: By completing the booking checkout Guest agrees to the terms set forth immediately below the button labeled “Finalize booking” or “Book now”, including this Agreement, the House Rules, and all payment terms, and consents to the use of electronic records and signatures. Guest acknowledges that continued occupancy after Check-in constitutes acceptance of the Unit as delivered, subject to the remediation process below.

Payment Authorization; No Chargebacks After Use of Services:

- Guest authorizes Flexhome (and its payment processor, currently Stripe) to charge the full amounts due for the reservation, fees, taxes, Security Deposit, and any post-stay amounts authorized under this Agreement to the payment method provided.

- Guest agrees not to pursue a card chargeback or payment reversal for amounts properly charged under this Agreement after (a) Guest has checked in or otherwise accessed/used the Unit and (b) Flexhome has been afforded a reasonable opportunity to inspect and remedy any claimed condition issues as outlined under “Issue Reporting and Remediation.” Nothing in this clause limits Guest’s rights to pursue lawful remedies directly with Flexhome.

- If a cardholder initiates a chargeback contrary to this Agreement, Guest will be responsible for all reasonable costs, fees, assessments, and related losses incurred by Flexhome (including processor/network assessments and reasonable attorneys’ fees) if the chargeback is denied or reversed, or if Flexhome otherwise prevails in collection.

Issue Reporting and Remediation:

- Guest must report any condition, cleanliness, amenity, or access concern within 24 hours of Check-in (or promptly upon discovery thereafter) via the contact method provided in the Booking Confirmation.

- Flexhome will have a reasonable opportunity to inspect the concern and offer remediation, which may include in-person cleaning, repair, or delivery/replacement of items, during standard service windows. Guest must provide reasonable access for remediation.

- If Guest refuses reasonable access or declines proposed remediation, continued occupancy will constitute acceptance of the Unit “as-is” for the relevant issue and will be considered in any refund or dispute determination.

Rental Rules: Guest agrees to abide by the Rental Rules attached as Exhibit A at all times while at the property and shall cause all members of the rental party and anyone else the Guest permits on the property to abide by the Rental Rules at all times while at the property.

Access: Guest shall allow the property owner and Flexhome employees, agents, contractors, or owners access to the property for purposes of repair and inspection. Flexhome shall exercise this right of access in a reasonable manner.

Background Screening: Guest acknowledges and permits Flexhome to use reservation data for the purpose of criminal background checks as needed. If adverse information is found, Flexhome reserves the right to cancel the reservation.

Monitoring Devices: Guest acknowledges and permits Flexhome to use privacy-safe noise, air quality, and other monitors in the rented Premises. Monitoring will not capture content of communications or video inside the Unit and is used solely to ensure safety, compliance with occupancy and noise limits, and property protection, consistent with applicable law and platform policy.

Cancellation Policy: If Guest wishes to cancel his/her reservation, Guest must notify us in writing. The total payment will be refunded according to the listing's cancellation policy as outlined by the platform or intermediary where the booking was made. For direct bookings, the applicable cancellation, no-show, and early-departure terms presented at checkout will govern.

No Assignment, Subleasing or Short-Term Rental: Guest may not assign its rights under this Agreement. Guest may not sublet or transfer possession of all or any part of the Unit to any third-party.

Keys & Access Devices: Guest will receive keys or electronic access devices (collectively, “keys”). Guest is responsible for the security of the Unit until all keys and other access devices have been returned to Flexhome. At no time may Guest change, rekey the locks, or add additional locks or security devices to the Unit.

Lockout Policy: In the event that Guest becomes locked out of the Unit or the Building, Flexhome or the Building may charge an additional fee for lockout services in the amount of $200 per lockout.

Firearms, Ammunition, Dangerous Objects, and Non-lethal Self-defense Devices: Guest and members of the Rental Party may not possess or store firearms in the Unit or anywhere on the Premises and are always required to comply with applicable laws concerning firearms, ammunition, dangerous objects, and non-lethal self-defense devices. Guest is also required to disclose the presence of non-functional firearms and replicas because these can easily be mistaken for functional weapons. Guest is allowed to have ammunition and dangerous objects (like a bow and arrow, fireworks, or an ax) as long as they are stored in a reasonably safe manner. For example, ammunition should be kept in a locked space or container, fireworks should be stored away from open flames in a space that is inaccessible to children, and an ax should be covered by an ax sheath or kept in a locked space. Guest must disclose and obtain Flexhome's consent in advance of check-in if they plan to bring ammunition or a dangerous object to the Unit. Guest is also allowed to have non-lethal self-defense devices (like pepper spray) at a listing as long as they are kept in a reasonably safe manner. For example, pepper spray is considered to be stored in a reasonably safe manner if it is in a closed bag and the device has a safety mechanism that reduces the risk of accidental discharge.

No Criminal Activity: The Unit may only be used as a residential dwelling. No use of the Unit or the Building by Guest or Guest’s visitors for activities of an illegal nature will be tolerated, whatsoever. Violation of this policy constitutes a material breach of this Agreement, and Flexhome reserves the right to immediately terminate this Agreement in connection with any violation of this policy.

Termination: This Agreement is for a fixed term. This Agreement serves as written notice from Flexhome to Guest that Flexhome wishes to terminate the booking on the Check-out date. This Agreement also serves as written notice from Guest to Flexhome that Guest wishes to terminate the reservation on the Check-out date. Except where limited by law, we may, upon written notice, terminate this Agreement immediately upon the occurrence of: (i) damage to the Unit by Guest, (ii) Guest’s violation of any Building rules and regulations, (iii) criminal activity by Guest, (iv) Habitual Late Payment, (v) Guest’s material breach of this Agreement, or (vi) such other event as otherwise specifically set forth in this Agreement.

Vacation of Unit: Guest, and their invitees or visitors, must vacate the Premises on or before the Check-out date. Upon termination of the Agreement, whether occurring on the Check-out date or by early termination, Guest shall completely vacate the Premises and any parking or storage areas; and deliver all keys, furnishings, if any, and the Unit to Flexhome in the same condition as received excepting normal wear and tear.

Attorneys’ Fees, Collection Agency Fees, Costs, and Expenses: In the event that Guest breaches this Agreement or violates applicable laws, Guest agrees to pay Flexhome for all of its fees and expenses related to Flexhome’s enforcement of its rights under this Agreement, including, without limitation, expenses for collection of amounts owed from Guest, obtaining possession of the Unit from Guest, including reasonable attorneys’ fees, collection agency costs (including the agency’s fees and its legal fees), and all costs of collection for obtaining and enforcing any judgment against Guest, and all post-judgment costs of collection, including all post-judgment attorneys’ fees and costs as permitted by law. These recoverable costs include any processor or network assessments actually incurred due to Guest-initiated chargebacks that are denied, reversed, or otherwise recovered.

Consent To Electronic Service of Process: Guest agrees and consents to service of any process, including formal legal process in any legal proceedings, by electronic service, including e-mail, private facsimile, and any other forms of electronic communication to any contact point Guest provides to Flexhome during registration. Guest agrees to deem any service by electronic means to be the same as personal service. This clause shall survive the termination of this Agreement.

Security Deposit:

When applicable, in its reasonable discretion, Flexhome may retain all, or a portion of, the Security Deposit, for purposes of: (i) cleaning the Unit; (ii) repairing damages to the Unit or to its furnishings or fixtures (including replacement), normal wear and tear excepted; and (iii) other violations or damages for which Guest is responsible. Flexhome is not limited to the Security Deposit to recoup damages and costs, and Guest remains liable for any amounts not covered by the Security Deposit, including, without limitation, reasonable attorneys’ fees, costs, unpaid Accommodation Fee, and expenses necessary to enforce the terms of this Agreement. Where applicable, no portion of the Security Deposit may be applied by Guest toward any Guest Fees, including the last month’s Accommodation Fee. Flexhome shall refund to Guest any balance of the Security Deposit after making all necessary deductions, within the period required by law.

Chargebacks; Reversals; Offsets:

- If any payment is reversed, charged back, or otherwise withdrawn after Guest’s Check-in or use of the Unit, Flexhome may (a) re-charge the same or a replacement payment method for the amounts due; (b) apply the Security Deposit to unpaid amounts; and (c) assess a reasonable administrative fee reflecting processor/network assessments actually incurred.

- Flexhome may offset any amounts owed by Guest against any amounts otherwise refundable to Guest, including Security Deposit balances.

Special Damages: Guest acknowledges that the damage to Flexhome resulting from any failure by Guest to timely surrender possession of the Unit may be substantial, may exceed the amount of the Accommodation Fee, and is impossible to accurately predict at the time of execution of this Guest Agreement. Accordingly, if Guest fails to vacate the Unit by 11AM on the Check-out date, Flexhome may charge Guest an additional two day’s Accommodation Fee for each day Guest occupies the Unit. This provision is intended to address a late check-out by Guest on the Check-out date, and does not limit Flexhome’s rights or remedies under this Agreement or at law should Guest fail to vacate the Unit.

Non-Compliance: If the Guest fails to comply with this Agreement or if Flexhome determines the Guest has failed to comply with this Agreement, then Flexhome reserves the right to end the stay immediately without refund. Flexhome also reserves the right to enforce the termination of a stay through fines, withheld deposit, eviction, or trespass proceedings as applicable by law. Flexhome shall be the sole determiner if the Guest is not compliant with this Agreement.

Implied Risk: The property owner and Flexhome are not responsible for the loss of personal belongings or valuables of the Guest. By accepting this reservation, it is agreed that the Guest, Rental Party, or others invited on the Premises are expressly assuming the risk of any harm arising from their use of the Premises.

Arbitration: All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the State of Illinois. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact. Any such arbitration shall be conducted by a neutral arbitrator mutually selected by the parties or, failing agreement, appointed by the AAA. Any arbitration decision shall be binding and final. The parties waive class and representative actions. Either party may seek injunctive relief in a court of competent jurisdiction to protect its rights pending arbitration.

Miscellaneous: The Agreement shall be binding upon, and inure to the benefit of, and be enforceable by, the parties hereto and their respective successors and assigns. This Agreement shall not be assignable by either party without the prior written consent of the other party, unless assignment is pursuant to a sale or other transfer of the entire business of such party. The section headings used herein are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. If any term or provision hereof is held to be invalid, illegal or unenforceable under any applicable law or rule in any jurisdiction, such term or provision shall be ineffective only to the extent of such invalidity, illegality, or unenforceability, without invalidating the remainder of this Agreement. This Agreement may not be modified or amended, and no provision hereof may be waived, in whole or in part, except by a written Agreement signed by the parties hereto. No waiver of any breach or default hereunder shall be considered valid unless in writing, and no such waiver shall be deemed a waiver of any subsequent breach or default of the same or similar nature. This Agreement may be executed in any number of counterparts, including by facsimile or other electronic transmission, each of which shall be deemed an original, and all of which taken together shall constitute one and the same instrument.

Definitions:

a. “Booking Confirmation” means an email, text, online message, or other communication shared with the Guest upon booking a stay with Flexhome that includes stay details.

b. “Check-in” means the date and time when the Guest is permitted access to the unit outlined in the Booking Confirmation.

c. “Check-out” means the date and time by which the Guest must vacate the unit outlined in the Booking Confirmation.

Exhibit A: RENTAL RULES

No Parties

Parties or other gatherings are strictly prohibited.

Quiet Time After 10PM

Please be considerate of neighbors and refrain from playing loud music or other excessive noise.

No Smoking

Smoking is strictly prohibited. Evidence of smoking anywhere on the Premises, such as smoke odor or cigarette butts, is subject to a fine of up to $250 and additional fees for remediation may apply.

No Late Check-Out

Late check out will not be tolerated without prior approval. Guests that check out late will be charged, at minimum, for the nightly rate on the day of check out.

No Parking

The reservation does NOT include parking unless otherwise noted by Flexhome in writing. Parking in resident or employee parking spaces is not permitted.

Respect the Space

Only use appliances and furnishings for their intended use. Any excessive spills, stains, or other unwarranted messes will result in an additional $50 deep clean fee on top of the cost to replace or repair damages. Trash must be placed in designated trash receptacles, never left in public areas. Cardboard must be broken down and never placed down trash chutes. A minimum charge of $25 will be assessed per bag/item that isn't properly disposed of.

No Pets Allowed

Pets are not allowed on the property unless the Guest receives prior written approval from Flexhome.

Additional Rental Rules

Guest further agrees to abide by the rules outlined in the listing by the platform or intermediary where the booking was made.

Website Terms and Conditions

Welcome to Flexhome!

These terms and conditions outline the rules and regulations for the use of Flexhome's Website, located at flexhome.com.

By accessing this website we assume you accept these terms and conditions. Do not continue to use Flexhome if you do not agree to take all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company's terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client's needs in respect of provision of the Company's stated services, in accordance with and subject to, the law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to the same.

License

Unless otherwise stated, Flexhome and/or its licensors own the intellectual property rights for all material on Flexhome.

All intellectual property rights are reserved. You may access this from Flexhome for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

  • Republish material from Flexhome
  • Sell, rent or sub-license material from Flexhome
  • Reproduce, duplicate or copy material from Flexhome
  • Redistribute content from Flexhome

This Agreement shall begin on the date hereof.

Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Flexhome does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Flexhome,its agents and/or affiliates. Comments reflect the views and opinions of the person who posts their views and opinions. To the extent permitted by applicable laws, Flexhome shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

Flexhome reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

You warrant and represent that:

  • You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
  • The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
  • The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
  • The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant Flexhome a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

Hyperlinking to our Content

The following organizations may link to our Website without prior written approval:

  • Government agencies;
  • Search engines;
  • News organizations;
  • Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
  • System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Website.

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party's site.

We may consider and approve other link requests from the following types of organizations:

  • commonly-known consumer and/or business information sources;
  • dot.com community sites;
  • associations or other groups representing charities;
  • online directory distributors;
  • internet portals;
  • accounting, law and consulting firms; and
  • educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Flexhome; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Flexhome. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

  • By use of our corporate name; or
  • By use of the uniform resource locator being linked to; or
  • By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party's site.

No use of Flexhome's logo or other artwork will be allowed for linking absent a trademark license agreement.

iFrames

Without prior approval and written permission, you may not create frames around our Web Pages that alter in any way the visual presentation or appearance of our Website.

Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Removal of links from our website

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

  • limit or exclude our or your liability for death or personal injury;
  • limit or exclude our or your liability for fraud or fraudulent misrepresentation;
  • limit any of our or your liabilities in any way that is not permitted under applicable law; or
  • exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.