By booking a reservation with Book Our Place, you agree to all policies, terms, and conditions below.
Summary of Rental Policies
Vacation Rental Agreement
This Vacation Rental Agreement (“Agreement”) is for the rental of the vacation rental property specified in your confirmed reservation (the “Property”). This Agreement is between Book Our Place LLC (“Book Our Place,” “we,” or “us”), acting for itself and the Owner of the Property, and the person who is the responsible renter of the Property (“Renter” or “you”).
By booking your rental of the Property with Book Our Place, you acknowledge that you have read, understand, and agree to be bound by all terms, conditions, and policies in this Agreement, including any Property-Specific Terms (collectively, the “Terms”).
Property-Specific Terms. Certain jurisdictions and specific properties may have unique rules and regulations that apply to your rental. We will inform you of any Property-Specific Terms during the reservation process. If any provision of the Property-Specific Terms differs from the Terms in this Agreement, the provision of the Property-Specific Terms will control.
Meaning of “Book Our Place.” Book Our Place operates using different legal entities in different regions. As used in this Agreement, “Book Our Place” means the entity specified in the Property-Specific Terms, if any. If no entity is specified, then:
Definitions
Rental Period: The specific dates for which the Property is reserved, as indicated in your reservation confirmation.
1. Rental Policies and General Terms
1.1. Minimum Age. The “Minimum Age” to rent the Property is the age specified in any Property-Specific Terms. If no age is specified in the Property-Specific Terms, the Minimum Age is 21 years of age (or the minimum age required by law in the jurisdiction where the Property is located, if different). You agree to provide us with proof of age upon request. A parent or legal guardian must accompany all guests who are under the Minimum Age for the entire duration of the rental.
1.2. Responsible Renter. As the Renter, you agree to be an occupant of the Property for the entire duration of the rental. All other occupants must be family members, friends, or other responsible adults over the Minimum Age, or accompanied by a parent or legal guardian. You agree to be responsible for the actions of all guests and invitees present at the Property and to ensure that they understand and comply with these Terms.
1.3. Good Neighbor Policy. Because the Property is a privately owned home, all guests must comply with this good neighbor policy. Please treat the Property with the same care you would use with your own residence and leave it in the same condition it was in when you arrived. To prevent theft of or damage to furnishings or your personal property, you agree to close and lock doors and windows when you are not present at the Property and upon check-out. You and other guests agree to conduct yourselves throughout your stay in a manner that is respectful of and not disruptive to neighbors, traffic flow, or the community and that will not prompt complaints to Book Our Place from police, neighbors, or neighborhood or homeowner associations. Noise audible outside the Property is prohibited between 10 p.m. and 8 a.m. You and other guests agree to abide by all applicable parking restrictions and limitations.
1.4. Maximum Occupancy. The number of people present at the Property may not exceed the maximum occupancy stated in your reservation, unless we have given you advance written permission to hold an event at the Property.
1.5. No Smoking. Smoking is strictly prohibited at the Property, including all indoor and outdoor areas, at any time.
1.6. No Permanent Residence. You agree that your use of the Property is temporary and that you will not use the Property as your permanent residence. Your permanent residence must remain elsewhere.
1.7. Animals. No animals or pets of any kind are permitted at the Property unless specifically authorized in your reservation or are bona fide service animals that we are legally required to allow. Emotional support animals are not permitted unless they are authorized pets. A prohibition on animals does not guarantee that an animal has not been inside the Property or that the Property is free of animal allergens.
1.8. Events and Commercial Photography; Structures; Charcoal Grills. Events, commercial photography, and filming are prohibited at the Property without our express written permission. No tents or other structures may be erected on the Property without our permission. The use of charcoal grills is prohibited.
1.9. Criminal Activity Prohibited. Use of the Property for any criminal activity is prohibited and may result in fines, prosecution, and immediate removal from the Property. This prohibition extends to the use of the Property’s internet service for any unlawful activity. We may cooperate with law enforcement in any investigation of alleged criminal activity at the Property.
1.10. Payment Terms; Fraud. If you are paying by credit card, you represent that you are the account holder or an authorized user of the account. If, for any reason, Book Our Place believes your payment may be refused by the card processor, Book Our Place may ask you for a different form of payment. Upon Book Our Place’s request, you will immediately provide another form of payment and adequate proof that you are the account holder or an authorized user of the account used for payment (such as a government-issued ID that matches the name on the account). Book Our Place may cancel your reservation or remove you and all guests from the Property immediately if you fail to provide a form of payment that can be validated by Book Our Place. We may share your credit card information and other information about you with law enforcement if we suspect fraud.
1.11. Consequences of Breach; Charges for Damage. Any failure by you or any other guest to comply with any of the terms, conditions, or policies in this Agreement is a breach of this Agreement and may result in the forfeiture of your rights to rent the Property, up to and including immediate removal from the Property without refund and with or without the assistance of law enforcement. Book Our Place may terminate this Agreement for breach, and if you are notified of such termination, you agree to leave the Property immediately. In addition, you are responsible for, and you authorize us to bill your credit card on file for the full amount of: (1) any damage or loss that occurs at the Property during your stay; (2) a charge of up to $1,000 for violations of the pet policy (if applicable), including for bringing more pets or different types of pets than specifically authorized; (3) an additional cleaning fee of up to $500 (or the actual cost of cleaning services, if greater) for violations of any of the guest policies above (other than the pet policy) or for excessive cleaning required by the acts or omissions of any guest during your stay; and (4) any fines issued by police, other government officials or agencies, utility providers, and/or homeowner associations for violation of any law, ordinance, or rule during your stay, and any damages (which may exceed the amount of fines) that result from the violation. If any unauthorized download of copyrighted material via the Property’s internet service occurs during your stay, you agree that we may share your contact information with the internet service provider or any other party we believe, for any reason, has enforcement rights.
2. Additional Terms and Conditions
2.1. Cancellation Policy; No Shows. Unless stated otherwise in the Property-Specific Terms, rental payments are fully refundable for cancellations received 30 or more days before the first night of your reservation. No full or partial refunds will be granted for no-shows or if you cancel less than 30 days before the first night of your reservation, arrive after the first night of your reservation, or depart before the last night of your reservation. Except as expressly provided in this Agreement, no refunds or compensation will be given, and Book Our Place shall not be liable to you for failure to make the Property available for any reason outside of Book Our Place’s control, including but not limited to adverse weather conditions, natural disasters, mechanical failures, evacuation orders, or other acts of government agencies, or utility outages. Book Our Place advises guests to obtain appropriate and comprehensive travel insurance that covers the Renter and all Occupants and that includes coverage for personal injury, illness or disease, and property damage or loss.
2.2. Travel Insurance. Book Our Place advises guests to obtain appropriate and comprehensive travel insurance that covers the Renter and all Occupants and that includes coverage for personal injury, illness or disease, and property damage or loss, and to help protect against financial loss if you must cancel your reservation for a covered reason. If you elect to purchase travel insurance coverage for your reservation, we encourage you to review your insurance policy wording for all eligibility, benefits, terms, and conditions. For additional information, go to https://bookourplace.rentalguardian.com.
2.3. Early Check-In/Late Check-Out. Early check-in or late check-out may be available; additional charges may apply. If you do not vacate by the check-out time (or agreed-upon late check-out time), you authorize us to bill your credit card on file for a late departure fee of up to one night’s rental, and we may remove all Occupants and their personal property from the Property.
2.4. Maintenance or Housekeeping Issues; Property Conditions. The Property is provided “as is,” and we are not responsible for the inoperability or unavailability of any amenities. You agree to contact Book Our Place immediately if you notice any maintenance or housekeeping problem, or any potentially hazardous condition at the Property. You further agree to give Book Our Place a reasonable amount of time to respond to your report and to cooperate with Book Our Place’s efforts to address the concern. We will take reasonable steps to remedy any reported problem as soon as practicable. We may enter the Property to remedy any problem you report, at reasonable times and with reasonable notice, to inspect, maintain, or repair the Property, and to address any emergency situation. You acknowledge that the availability and condition of amenities shared with other properties, such as a shared pool, hot tub, parking lot, or fitness center, may be outside Book Our Place’s control.
2.5. Pool and Hot Tub Use. For Properties with pools or hot tubs, guests agree to abide by the Book Our Place Pool Use Policy and/or Hot Tub Use Policy. These policies outline safety guidelines, rules for use, and liability information.
By using the pool or hot tub, guests acknowledge that they have read, understood, and agree to be bound by the terms of these policies.
3. Choice of Law; Jurisdiction and Venue; Dispute Resolution.
3.1. Choice of Law. Unless otherwise specified in any Property-Specific Terms or if a different choice of law is required by the law of the jurisdiction in which the Property is located, this Agreement shall be governed by the laws of the State of Washington, U.S.A., without regard to its conflict-of-law provisions.
3.2. Dispute Resolution and Arbitration Agreement: United States. If (a) your claim relates in any way to a reservation for or stay at a Property located in the United States, or (b) you bring any other claim against Book Our Place in the United States (to the extent permitted by this Agreement), then you agree to resolve any dispute arising out of or relating in any way to this Agreement as follows:
3.2.1. Agreement to Arbitrate. Except as otherwise provided in this section, you and Book Our Place mutually agree that any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Payment of filing, administration and arbitrator fees will be governed by the AAA’s rules. To begin an arbitration, a party must send a letter to the other party requesting arbitration and describing the claim. If Book Our Place requests arbitration, it will send the letter to your most recent email or physical address in Book Our Place’s records. If you request arbitration, you must send the letter to Book Our Place’s registered agent in the state in which the Property you reserved or stayed at is located, or if the dispute does not involve a reservation for or stay at a specific property, to Book Our Place’s registered agent in the state of Washington.
3.2.2. Place of Arbitration. Except as otherwise required by AAA’s Consumer Arbitration Rules, the arbitration shall take place in the county in which the Property is located, or in Olympia, Washington, if the dispute does not involve a reservation for or stay at a specific property, or in such other location as you and Book Our Place may mutually agree.
3.2.3. Exceptions to Arbitration Requirement. As the only exceptions to the parties’ agreement to submit all disputes to binding arbitration as provided herein, Book Our Place and Renter both retain the right to pursue: (1) in small claims court in the county in which the Property is located (or if the dispute does not involve a reservation for a specific property, the small claims court for Thurston County, Washington), any claim that is within that court’s jurisdiction, and the parties consent to the personal jurisdiction and venue of such court, and Book Our Place further consents to Renter’s appearance by telephone or video in lieu of personal appearance, if allowed under applicable court rules; and (2) a suit in any court with jurisdiction to enjoin (whether by temporary, preliminary, or permanent injunctive relief) infringement or other misuse of intellectual property rights.
3.3. Class Action and Jury Trial Waiver. The parties agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, the parties waive any right to a jury trial.
4. Acknowledgment & Disclaimer; Limitation of Liability.
4.1. Acknowledgment & Disclaimer. You acknowledge the Property may have features, amenities, and conditions that are unfamiliar to you and other Occupants you invite to the Property. You further acknowledge that your use of the Property and its amenities may carry inherent risk, including risk of bodily injury, illness or disease, disability, or death. For example, some Properties include natural habitats for wildlife, insects, and pests that may expose you to injury or disease; or docks, stairways, porches, ledges, cliffs, hot tubs, and other unmarked natural or manmade features, amenities, and conditions that carry inherent risk. You agree that, by using the Property or its amenities, you voluntarily and willfully assume those risks and assume full responsibility for the choices you make before, during and after your use of the Property and its amenities. You also acknowledge and agree that you and any other adult Occupants are solely responsible for closely supervising and protecting the health and safety of any and all Occupants that are minors, throughout the duration of your stay.
4.2. Disclaimer of Warranties. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BOOK OUR PLACE AND OWNER EACH EXPRESSLY DISCLAIM ANY WARRANTIES OF SAFETY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND AS TO THE ADEQUACY OF THE DIRECTIONS AND WARNINGS PROVIDED TO YOU.
4.3. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO CASE SHALL THE OWNER OF THE PROPERTY OR BOOK OUR PLACE, NOR THEIR AFFILIATES, NOR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR OWNERS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY, ILLNESS OR DISEASE, EMOTIONAL DISTRESS, OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH YOUR STAY AT THE PROPERTY. THIS LIMITATION APPLIES TO ALL CLAIMS FOR DAMAGES WHETHER BASED ON A THEORY OF WARRANTY, CONTRACT, TORT (INCLUDING ORDINARY NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF BOOK OUR PLACE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND EVEN IF THE LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
4.4. Indemnity. You agree to hold harmless and indemnify Book Our Place and Owner, and their respective affiliates, for and from all claims for property damage, personal injury, illness or disease, or monetary loss resulting from your actions or omissions, and the actions or omissions of other Occupants, during or relating to your stay.
4.5. Substitution of Property. On rare occasions, due to ownership changes, properties being removed from rental use, or a need for extensive repairs or maintenance, the Property may not be available for rental on the dates of your reservation. In this unlikely event, Book Our Place reserves the right to substitute a comparable property. If comparable accommodations are not available, you will have the option of (1) selecting from other available properties (in which case you are responsible for, or will receive the benefit of, any difference in cost) or (2) receiving a complete refund of your reservation payment. In the event of a substitution of rental properties, all Terms in this Agreement, plus any Unit-Specific Terms specific to the substituted property, shall apply to your stay in the substituted property.
4.6. Assignment. Book Our Place may assign this Agreement or any of its rights, or delegate any of its duties under this Agreement, at any time without your consent.
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By booking a reservation with Book Our Place, you agree to all policies, terms, and conditions below.
Summary of Rental Policies
Vacation Rental Agreement
This Vacation Rental Agreement ("Agreement") is for the rental of the vacation rental property specified in your confirmed reservation (the "Property"). This Agreement is between Book Our Place LLC ("Book Our Place," "we," or "us"), acting for itself and the Owner of the Property, and the person who is the responsible renter of the Property ("Renter" or "you").
By booking your rental of the Property with Book Our Place, you acknowledge that you have read, understand, and agree to be bound by all terms, conditions, and policies in this Agreement, including any Property-Specific Terms (collectively, the "Terms").
Property-Specific Terms. Certain jurisdictions and specific properties may have unique rules and regulations that apply to your rental. We will inform you of any Property-Specific Terms during the reservation process. If any provision of the Property-Specific Terms differs from the Terms in this Agreement, the provision of the Property-Specific Terms will control.
Meaning of "Book Our Place." Book Our Place operates using different legal entities in different regions. As used in this Agreement, "Book Our Place" means the entity specified in the Property-Specific Terms, if any. If no entity is specified, then:
Definitions
Rental Period: The specific dates for which the Property is reserved, as indicated in your reservation confirmation.
1. Rental Policies and General Terms
1.1. Minimum Age. The "Minimum Age" to rent the Property is the age specified in any Property-Specific Terms. If no age is specified in the Property-Specific Terms, the Minimum Age is 21 years of age (or the minimum age required by law in the jurisdiction where the Property is located, if different). You agree to provide us with proof of age upon request. A parent or legal guardian must accompany all guests who are under the Minimum Age for the entire duration of the rental.
1.2. Responsible Renter. As the Renter, you agree to be an occupant of the Property for the entire duration of the rental. All other occupants must be family members, friends, or other responsible adults over the Minimum Age, or accompanied by a parent or legal guardian. You agree to be responsible for the actions of all guests and invitees present at the Property and to ensure that they understand and comply with these Terms.
1.3. Good Neighbor Policy. Because the Property is a privately owned home, all guests must comply with this good neighbor policy. Please treat the Property with the same care you would use with your own residence and leave it in the same condition it was in when you arrived. To prevent theft of or damage to furnishings or your personal property, you agree to close and lock doors and windows when you are not present at the Property and upon check-out. You and other guests agree to conduct yourselves throughout your stay in a manner that is respectful of and not disruptive to neighbors, traffic flow, or the community and that will not prompt complaints to Book Our Place from police, neighbors, or neighborhood or homeowner associations. Noise audible outside the Property is prohibited between 10 p.m. and 8 a.m. You and other guests agree to abide by all applicable parking restrictions and limitations.
1.4. Maximum Occupancy. The number of people present at the Property may not exceed the maximum occupancy stated in your reservation, unless we have given you advance written permission to hold an event at the Property.
1.5. No Smoking. Smoking is strictly prohibited at the Property, including all indoor and outdoor areas, at any time.
1.6. No Permanent Residence. You agree that your use of the Property is temporary and that you will not use the Property as your permanent residence. Your permanent residence must remain elsewhere.
1.7. Animals. No animals or pets of any kind are permitted at the Property unless specifically authorized in your reservation or are bona fide service animals that we are legally required to allow. Emotional support animals are not permitted unless they are authorized pets. A prohibition on animals does not guarantee that an animal has not been inside the Property or that the Property is free of animal allergens.
1.8. Events and Commercial Photography; Structures; Charcoal Grills. Events, commercial photography, and filming are prohibited at the Property without our express written permission. No tents or other structures may be erected on the Property without our permission. The use of charcoal grills is prohibited.
1.9. Criminal Activity Prohibited. Use of the Property for any criminal activity is prohibited and may result in fines, prosecution, and immediate removal from the Property. This prohibition extends to the use of the Property's internet service for any unlawful activity. We may cooperate with law enforcement in any investigation of alleged criminal activity at the Property.
1.10. Payment Terms; Fraud. If you are paying by credit card, you represent that you are the account holder or an authorized user of the account. If, for any reason, Book Our Place believes your payment may be refused by the card processor, Book Our Place may ask you for a different form of payment. Upon Book Our Place's request, you will immediately provide another form of payment and adequate proof that you are the account holder or an authorized user of the account used for payment (such as a government-issued ID that matches the name on the account). Book Our Place may cancel your reservation or remove you and all guests from the Property immediately if you fail to provide a form of payment that can be validated by Book Our Place. We may share your credit card information and other information about you with law enforcement if we suspect fraud.
1.11. Consequences of Breach; Charges for Damage. Any failure by you or any other guest to comply with any of the terms, conditions, or policies in this Agreement is a breach of this Agreement and may result in the forfeiture of your rights to rent the Property, up to and including immediate removal from the Property without refund and with or without the assistance of law enforcement. Book Our Place may terminate this Agreement for breach, and if you are notified of such termination, you agree to leave the Property immediately. In addition, you are responsible for, and you authorize us to bill your credit card on file for the full amount of: (1) any damage or loss that occurs at the Property during your stay; (2) a charge of up to $1,000 for violations of the pet policy (if applicable), including for bringing more pets or different types of pets than specifically authorized; (3) an additional cleaning fee of up to $500 (or the actual cost of cleaning services, if greater) for violations of any of the guest policies above (other than the pet policy) or for excessive cleaning required by the acts or omissions of any guest during your stay; and (4) any fines issued by police, other government officials or agencies, utility providers, and/or homeowner associations for violation of any law, ordinance, or rule during your stay, and any damages (which may exceed the amount of fines) that result from the violation. If any unauthorized download of copyrighted material via the Property’s internet service occurs during your stay, you agree that we may share your contact information with the internet service provider or any other party we believe, for any reason, has enforcement rights.
2. Additional Terms and Conditions
2.1. Cancellation Policy; No Shows. Unless stated otherwise in the Property-Specific Terms, rental payments are fully refundable for cancellations received 30 or more days before the first night of your reservation. No full or partial refunds will be granted for no-shows or if you cancel less than 30 days before the first night of your reservation, arrive after the first night of your reservation, or depart before the last night of your reservation. Except as expressly provided in this Agreement, no refunds or compensation will be given, and Book Our Place shall not be liable to you for failure to make the Property available for any reason outside of Book Our Place’s control, including but not limited to adverse weather conditions, natural disasters, mechanical failures, evacuation orders, or other acts of government agencies, or utility outages. Book Our Place advises guests to obtain appropriate and comprehensive travel insurance that covers the Renter and all Occupants and that includes coverage for personal injury, illness or disease, and property damage or loss.
2.2. Travel Insurance. Book Our Place advises guests to obtain appropriate and comprehensive travel insurance that covers the Renter and all Occupants and that includes coverage for personal injury, illness or disease, and property damage or loss, and to help protect against financial loss if you must cancel your reservation for a covered reason. If you elect to purchase travel insurance coverage for your reservation, we encourage you to review your insurance policy wording for all eligibility, benefits, terms, and conditions. For additional information, go to https://bookourplace.rentalguardian.com.
2.3. Early Check-In/Late Check-Out. Early check-in or late check-out may be available; additional charges may apply. If you do not vacate by the check-out time (or agreed-upon late check-out time), you authorize us to bill your credit card on file for a late departure fee of up to one night's rental, and we may remove all Occupants and their personal property from the Property.
2.4. Maintenance or Housekeeping Issues; Property Conditions. The Property is provided "as is," and we are not responsible for the inoperability or unavailability of any amenities. You agree to contact Book Our Place immediately if you notice any maintenance or housekeeping problem, or any potentially hazardous condition at the Property. You further agree to give Book Our Place a reasonable amount of time to respond to your report and to cooperate with Book Our Place’s efforts to address the concern. We will take reasonable steps to remedy any reported problem as soon as practicable. We may enter the Property to remedy any problem you report, at reasonable times and with reasonable notice, to inspect, maintain, or repair the Property, and to address any emergency situation. You acknowledge that the availability and condition of amenities shared with other properties, such as a shared pool, hot tub, parking lot, or fitness center, may be outside Book Our Place’s control.
2.5. Pool and Hot Tub Use. For Properties with pools or hot tubs, guests agree to abide by the Book Our Place Pool Use Policy and/or Hot Tub Use Policy. These policies outline safety guidelines, rules for use, and liability information.
By using the pool or hot tub, guests acknowledge that they have read, understood, and agree to be bound by the terms of these policies.
3. Choice of Law; Jurisdiction and Venue; Dispute Resolution.
3.1. Choice of Law. Unless otherwise specified in any Property-Specific Terms or if a different choice of law is required by the law of the jurisdiction in which the Property is located, this Agreement shall be governed by the laws of the State of Washington, U.S.A., without regard to its conflict-of-law provisions.
3.2. Dispute Resolution and Arbitration Agreement: United States. If (a) your claim relates in any way to a reservation for or stay at a Property located in the United States, or (b) you bring any other claim against Book Our Place in the United States (to the extent permitted by this Agreement), then you agree to resolve any dispute arising out of or relating in any way to this Agreement as follows:
3.2.1. Agreement to Arbitrate. Except as otherwise provided in this section, you and Book Our Place mutually agree that any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Payment of filing, administration and arbitrator fees will be governed by the AAA's rules. To begin an arbitration, a party must send a letter to the other party requesting arbitration and describing the claim. If Book Our Place requests arbitration, it will send the letter to your most recent email or physical address in Book Our Place's records. If you request arbitration, you must send the letter to Book Our Place's registered agent in the state in which the Property you reserved or stayed at is located, or if the dispute does not involve a reservation for or stay at a specific property, to Book Our Place's registered agent in the state of Washington.
3.2.2. Place of Arbitration. Except as otherwise required by AAA's Consumer Arbitration Rules, the arbitration shall take place in the county in which the Property is located, or in Olympia, Washington, if the dispute does not involve a reservation for or stay at a specific property, or in such other location as you and Book Our Place may mutually agree.
3.2.3. Exceptions to Arbitration Requirement. As the only exceptions to the parties' agreement to submit all disputes to binding arbitration as provided herein, Book Our Place and Renter both retain the right to pursue: (1) in small claims court in the county in which the Property is located (or if the dispute does not involve a reservation for a specific property, the small claims court for Thurston County, Washington), any claim that is within that court's jurisdiction, and the parties consent to the personal jurisdiction and venue of such court, and Book Our Place further consents to Renter's appearance by telephone or video in lieu of personal appearance, if allowed under applicable court rules; and (2) a suit in any court with jurisdiction to enjoin (whether by temporary, preliminary, or permanent injunctive relief) infringement or other misuse of intellectual property rights.
3.3. Class Action and Jury Trial Waiver. The parties agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, the parties waive any right to a jury trial.
4. Acknowledgment & Disclaimer; Limitation of Liability.
4.1. Acknowledgment & Disclaimer. You acknowledge the Property may have features, amenities, and conditions that are unfamiliar to you and other Occupants you invite to the Property. You further acknowledge that your use of the Property and its amenities may carry inherent risk, including risk of bodily injury, illness or disease, disability, or death. For example, some Properties include natural habitats for wildlife, insects, and pests that may expose you to injury or disease; or docks, stairways, porches, ledges, cliffs, hot tubs, and other unmarked natural or manmade features, amenities, and conditions that carry inherent risk. You agree that, by using the Property or its amenities, you voluntarily and willfully assume those risks and assume full responsibility for the choices you make before, during and after your use of the Property and its amenities. You also acknowledge and agree that you and any other adult Occupants are solely responsible for closely supervising and protecting the health and safety of any and all Occupants that are minors, throughout the duration of your stay.
4.2. Disclaimer of Warranties. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BOOK OUR PLACE AND OWNER EACH EXPRESSLY DISCLAIM ANY WARRANTIES OF SAFETY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND AS TO THE ADEQUACY OF THE DIRECTIONS AND WARNINGS PROVIDED TO YOU.
4.3. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO CASE SHALL THE OWNER OF THE PROPERTY OR BOOK OUR PLACE, NOR THEIR AFFILIATES, NOR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR OWNERS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY, ILLNESS OR DISEASE, EMOTIONAL DISTRESS, OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH YOUR STAY AT THE PROPERTY. THIS LIMITATION APPLIES TO ALL CLAIMS FOR DAMAGES WHETHER BASED ON A THEORY OF WARRANTY, CONTRACT, TORT (INCLUDING ORDINARY NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF BOOK OUR PLACE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND EVEN IF THE LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
4.4. Indemnity. You agree to hold harmless and indemnify Book Our Place and Owner, and their respective affiliates, for and from all claims for property damage, personal injury, illness or disease, or monetary loss resulting from your actions or omissions, and the actions or omissions of other Occupants, during or relating to your stay.
4.5. Substitution of Property. On rare occasions, due to ownership changes, properties being removed from rental use, or a need for extensive repairs or maintenance, the Property may not be available for rental on the dates of your reservation. In this unlikely event, Book Our Place reserves the right to substitute a comparable property. If comparable accommodations are not available, you will have the option of (1) selecting from other available properties (in which case you are responsible for, or will receive the benefit of, any difference in cost) or (2) receiving a complete refund of your reservation payment. In the event of a substitution of rental properties, all Terms in this Agreement, plus any Unit-Specific Terms specific to the substituted property, shall apply to your stay in the substituted property.
4.6. Assignment. Book Our Place may assign this Agreement or any of its rights, or delegate any of its duties under this Agreement, at any time without your consent.