This Agreement governs the occupancy of any AvantStay property by the Primary Guest named below and all other Guests. Please read it carefully. By completing a booking with AvantStay, you agree to all terms and conditions set out herein, including the House Rules, the Hotel Code of Conduct, our Site Terms of Use, our Privacy Policy, and our Concierge Service Policy (as applicable).

PART I — BOOKING DETAILS

The following variable terms apply to this specific reservation.

Reservation Details

Primary Guest Name	{GUEST_NAME}
Property Address	{PROPERTY_ADDRESS}
Property Name	{PROPERTY_NAME}
Check-In	{CHECK_IN_DATE}
Check-Out	{CHECK_OUT_DATE}
Maximum Occupants	{MAX_OCCUPANCY}
Total Cost of Stay	{TOTAL_COST}
Security Deposit	{SECURITY_DEPOSIT}
Cancellation Policy	{CANCELLATION_POLICY_NAME}
Payment Plan	{PAYMENT_PLAN_SELECTED}
Agreement Executed	{AGREEMENT_DATE} at {AGREEMENT_TIME}

Terms defined in this Part I are incorporated into and form part of this Agreement upon execution.

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PART II — DEFINED TERMS

The following terms have the meanings set out below whenever used in this Agreement. Capitalized terms not defined in this Agreement have the meanings given in AvantStay's Terms and Conditions. By completing a booking with AvantStay, Guest agrees to AvantStay's Terms of Use, Privacy Policy, Concierge Services Policy, and House Rules or Hotel Code of Conduct (as applicable).

Term	Meaning
"Agreement"	This Guest Agreement, together with all incorporated documents including the Site Terms of Use, Privacy Policy, and, as applicable, the House Rules, House Manual, Hotel Code of Conduct and the Concierge Services Policy.
"AvantStay"	The {MANAGING_ENTITY} (the applicable AvantStay entity operating the Property), on its own behalf, or, when applicable, as agent and representative of Owner.
"Booking"	Guest's requested license to use the Property on the terms specified in this Agreement.
"Booking Date"	The date and time at which the Guest's requested reservation of the Property is approved by AvantStay.
"Booking Fee"	The transaction fee that becomes non-refundable after the period described in this Agreement.
"Guest"	{GUEST_NAME} and all other guests and visitors present at the Property during the Booking. All references to "Guest" apply jointly and severally to each individual.
"Laws"	Applicable federal, state, and local laws, ordinances, HOA rules, and restrictions on use of the Property or related to the Booking.
"Property"	The vacation rental property identified by its address in Part I, together with all furnishings, fixtures, amenities, and common areas included in the booking.
"Owner"	The owner of the Property, and, where applicable, AvantStay's principal.
"Listing"	The information presented on the OTA that is used by the Guest to book the Booking regarding the Property.
"Booking Period"	The approved period between the Check-In and Check-Out details described in Part I.
"Guest-Caused Damages"	Expenses for: (i) unpaid amounts owed to AvantStay under this Agreement, including due to Holdover; (ii) repair or replacement of any part of the Property beyond ordinary wear and tear caused by Guest or their invitees; (iii) excessive cleaning needed to restore the Property beyond ordinary and approved uses of any part of the Property; (iv) utility costs in excess of normal use, (v) fines and violations assessed against AvantStay or Owner due to a violation of this Agreement or Laws, (vi) non-sufficient funds or credit card charge disputes despite receiving services pursuant to this Agreement, or (vii) other exceptional expenses attributable to Guest's Booking or to Guest's violations of this Agreement, without limitation.
"Holdover"	Occupancy of the Property beyond the Check Out date and time listed in Part I without AvantStay's prior written consent.
"HOA"	Any homeowner association, condominium association, or similar body whose rules govern the Property.
"House Manual"	Printed or posted notices and documents displayed or made available throughout the Property regarding proper use of the Property.
"House Rules"	The general occupancy and use rules set out in any Property-specific House Rules and the House Manual that is provided to the Guest in the Listing as of the Check-In, or as thereafter amended in writing to the Guest by AvantStay, including descriptions of such rules included in the Listing.
"OTA"	Any AvantStay-affiliated or third-party online travel agency or booking platform through which a reservation may be made.
"Taxes"	Sales, use, transient occupancy, lodging, tourist, hotel, city, or other indirect taxes imposed on the booking or ancillary services.
"Travel Credit"	Non-cash credit provided to Guests pursuant to this Agreement, which, unless otherwise confirmed in writing by AvantStay, expires within one year of the cancellation date, to be used solely toward the Total Cost of Stay for the purpose of booking subsequent reservations.
"Total Cost of Stay"	The total price of your Booking, including the nightly rate, cleaning fees, resort or amenity fees, applicable Taxes, and any other charges disclosed at checkout, but excluding optional add-ons elected after booking and refundable damage deposits, which are addressed separately.

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PART III — PAYMENT & LICENSE

3.2 Guest's Payment

1. All-in-one Pricing. Guest recognizes that the marketed and reserved rate includes a variety of mandatory fees and charges, including, but not limited to, Taxes, resort fees, amenity fees, and enrollment into the ADP Program (described in Section 8.1). AvantStay will collect and remit applicable occupancy Taxes to government authorities as required by law.
2. Additional Charges. AvantStay may charge and collect additional amounts for Agreement modifications, additional Guest requests, or Guest-Caused Damages. Any additional services or modifications will be confirmed by amendment or invoice.
3. Timing. Guest agrees to pay the Total Cost of Stay in full before AvantStay will provide check-in instructions. Unless otherwise agreed in writing, Guest is responsible for the full Booking cost at the time of making the reservation. Amounts not paid by the due date may incur a late charge of the lesser of: (i) 10% of the overdue amount, or (ii) the maximum permitted by law.
4. Payment Plans. AvantStay may offer payment plans or financing options through third parties for the Guest to pay for the Total Cost of Stay. In the event such an option is indicated above in Part I, Guest's failure to make any payment by the deadline for any portion of the payment plan or financing may, at AvantStay's discretion, be deemed a cancellation by the Guest and thereby subject to refunds as if cancellation occurred on the date immediately following the missed due date. The payment plan is further defined in the Payment Plan Addendum.
5. Credit Card Transactions. If Guest has elected to pay the Total Cost of Stay by credit card through the AvantStay.com check-out process, Guest hereby irrevocably approves of AvantStay charging the Total Cost of Stay to the card in lump sum, or on the schedule agreed to pursuant to the Payment Plan Addendum, which is fully incorporated in this Agreement. Guest acknowledges and understands that AvantStay may not manage or control payment processing on other OTAs. Guest additionally authorizes AvantStay to charge the card on file for any Guest-Caused Damages, or other amounts due under this Agreement, in each case following prior written notice to Guest. Guest understands that a Guest-initiated reversal of charges in violation of this Agreement may result in late fees, reimbursement of costs, and attorney's fees incurred by AvantStay to collect amounts owed by Guest under this Agreement, to the extent permitted by law.

3.1 License to Occupy

1. Grant of Limited License. In exchange for full payment of the Total Cost of Stay and Guest's obligations contained in this Agreement, AvantStay grants Guest a limited, non-exclusive, revocable license to occupy the Property solely as a personal vacation rental for the duration of the stay. This Agreement does not create a tenancy, lease, or any other property right. Unless express written consent is given by AvantStay, Guest may not use the Property for: (i) any commercial purpose, including photography and filming, (ii) hosting events with occupancy beyond the Maximum Total Occupancy set forth in Part I, involving the hiring and retention of vendors, or in violation of the House Rules, or (iii) subletting or assignment to a third-party. In no event shall the Property be used for any activity in violation of the Laws. Guest is not permitted to enter gated or locked areas, mechanical or equipment access areas, or areas marked as restricted, prohibited, staff-only, or otherwise reasonably expected not to be for use by guests. AvantStay may terminate Guest's license to use or access the Property immediately upon notice of a material breach of this Agreement.
2. Maximum Occupancy. Guest must not exceed the Maximum Occupancy limits set out in Part I. Unauthorized guests or visitors beyond the maximum: (i) may result in immediate revocation of the license and removal from the Property (consistent with applicable law), (ii) will not entitle Guest to a refund, and (iii) may incur a penalty of $500 per unauthorized person. Guest is responsible for ensuring all members of the party comply with this limit.
3. AvantStay's Right of Entry. AvantStay retains full legal, possessory, and access rights to the Property at all times. Guest acknowledges that no notice is required (i) in the case of an emergency to protect persons or the Property, or (ii) to confirm material violations of the House Rules where prior notice would defeat the purpose of entry. AvantStay will provide notice in accord with the Law,(iii) in the case of repairs, maintenance, or delivery of agreed services, (iv) showing the Property to prospective buyers or authorized inspectors, and (v) all other cases.
4. Late Check-Outs and Holdovers. The Guest's license automatically expires at the Check Out time defined in Part I, unless otherwise permitted by AvantStay in writing. Unauthorized late check-outs will be charged an additional full-day rate at the current listed nightly rate. A failure to vacate at the Check Out defined in Part I will be deemed a Holdover and may result in immediate removal of all persons and belongings consistent with applicable law, including with law enforcement assistance. In the event of a Holdover, the Guest will be charged two (2) times the undiscounted listed daily rate for each 24-hour period (or portion thereof) of Holdover, plus costs of refunds or alternative housing for displaced guests, applicable Taxes, and legal fees and costs.
5. Compliance with Regulations. Guest agrees to comply with all Laws. Such Guest will reimburse AvantStay for any fines or charges imposed by any authority due to Guest's violations of the Law. Violation of any Law may result in: (i) immediate cancellation of the Booking; (ii) removal from the Property consistent with applicable law, including law enforcement assistance if necessary; and (iii) fines of up to $15,000 at AvantStay's reasonable discretion. No refund will be issued for removal due to rule violations.

PART IV — CANCELLATION AND FORCE MAJEURE

4.1 Guest Cancellation Policy

Cancellation policies may vary by property and by season. The cancellation policy applicable to a Booking is determined as set forth below, based on the cancellation policy identified in the Listing at the time the Booking is confirmed. Where multiple cancellation policies are set forth below, they are provided for reference only, and only the policy applicable to the Booking governs:

If the Listing states the cancellation policy is "Firm", or does not state a specific cancellation policy:

When Canceled (before check-in)	Refund
>30 days before check-in	Full cash refund
7-29 days before check-in	50% cash refund
Less than 7 days before check-in	Non-refundable

If the Listing states the cancellation policy is "Moderate":

When Canceled (before check-in)	Refund
>5 days before check-in	Full cash refund
Less than 5 days before check-in	Non-refundable

If the Listing states the cancellation policy is "Strict with Grace Period":

When Canceled (before check-in)	Refund
>60 days before check-in	Full cash refund
31-59 days before check-in	50% cash refund
Less than 31 days before check-in	Non-refundable

If the Listing states the cancellation policy is "LTR Strict with Grace Period":

When Canceled (before check-in)	Refund
>90 days before check-in	Full cash refund
60-89 days before check-in	50% cash refund
Less than 60 days before check-in	Non-refundable

If the Listing states the cancellation policy is "Hotels":

When Canceled (before check-in)	Refund
>1 day before check-in	Full cash refund
Less than 1 day before check-in	Non-refundable

If the Listing states the cancellation policy is "Non-Refundable":

When Canceled (before check-in)	Refund
Any cancellation after confirmation	Non-refundable

If the Listing states the cancellation policy is "Strict":

When Canceled (before check-in)	Refund
>60 days before check-in	Full cash refund

If the Listing states the cancellation policy is "Strict with Long Grace Period":

When Canceled (before check-in)	Refund
Within 24 hours of booking (check-in at least 3 days away)	Full cash refund

If the Listing states the cancellation policy is "Coachella Festival" (applicable to bookings with check-in between April 7 and April 27, 2027 in Coachella Valley, Coachella Valley Estates, Palm Springs Hotels, and Palm Springs Markets):

When Canceled (before check-in)	Refund
More than 180 days before check-in	50% upfront payment retained by AvantStay
180 days or less before check-in	Non-refundable (Reservation Fees retained in full)
Festival canceled in its entirety by organizers	Full refund

4.2 Cancellation by AvantStay

If the Property becomes unavailable for any reason prior to or during a Booking (including, but not limited to, due to safety or significant maintenance issues, double-booking, ownership changes, or regulatory requirements), AvantStay will: (a) offer a reasonably comparable substitute property; or (b) if no comparable property is available, cancel the Booking and issue a pro-rated refund for any unused days based on the nightly rate of the Booking.

4.3 Force Majeure

AvantStay is not responsible for and will not provide refunds for events outside its reasonable control, including, but not limited to: (a) environmental and other noise or odors originating outside the Property; (b) personal emergencies of Guests or flight delays not caused by AvantStay; (c) inclement weather not resulting in a mandatory evacuation order specifically affecting the Property; (d) internet or cable connectivity issues originating outside the Property; (e) government-declared evacuations or controls not specifically requiring closure of or prohibiting Guest access to the Property; or (f) acts of God, fire, flood, earthquake, accident, storm, strike or labor dispute, unavailability of supplies or labor, pandemics, acts of war, terrorism, or similar events.

Notwithstanding the foregoing, if a government authority issues a mandatory evacuation order specifically requiring closure of or prohibiting Guest access to the Property, Guest is entitled to a pro-rated refund for unused nights of the stay.

PART V — BOOKING AND CHECK-IN PROCEDURES

5.1 Third-Party Booking Platforms

If Guest reserves through an OTA, the OTA's terms and conditions also apply to the Booking and, in the event of conflict with this Agreement, will control. Additional terms applicable to specific transactions or services will be set out in a separate agreement or amendment; those terms will control over this Agreement in the event of conflict.

5.2 International Travel

Guests traveling internationally are solely responsible for obtaining all required travel documents (passports, visas), meeting foreign entry requirements, and following applicable medical guidance. AvantStay is not liable for travelers denied boarding or entry. Guests should review U.S. Government travel advisories before booking international trips. Non-U.S. citizens should also consult their own government's advisories.

5.3 Verification Requirement

To protect against fraud and security risks, the Primary Guest identified in Part I must successfully complete an identity verification check through Persona (Persona Identities Inc.) before check-in and be present during the Check-In. Except where a clear and insurmountable fault in the Persona verification system occurs, AvantStay may refuse service to or cancel reservations made by individuals who do not complete identity verification or provide required information, and such cancellation will be addressed pursuant to Section 4.1 (Guest Cancellation Policy). Persona may collect a government-issued photo ID, personal information, and in some cases a facial geometry scan. AvantStay may waive this requirement where the OTA provides equivalent verification.

5.4 Biometric Consent and Data Handling

By completing identity verification, Guest expressly consents to the collection, use, and processing of biometric identifiers and biometric information — including facial geometry — by Persona as AvantStay's verification service provider. The following terms govern biometric data:

1. Retention: Biometric data is retained only as long as necessary for verification and fraud prevention purposes, not to exceed three (3) years from collection.
2. No Sale: Biometric data will not be sold, leased, traded, or otherwise provided to any third party other than Persona for the purposes described in this Agreement.
3. Persona Policy: Persona's privacy and data retention/destruction policy is available at https://withpersona.com/legal/privacy-policy.
4. State Rights: Residents of Illinois, Texas, and Washington acknowledge additional state-specific biometric rights as described in AvantStay's Biometric Data Addendum, which supplements this Agreement.

5.5 Check-In Instructions

Check-in instructions will be sent on or before the Check-In described in Part 1. Check-in is conditional on: (i) full payment of the Total Cost of Stay; (ii) completion of identity verification by the Primary Guest defined in Part I; (iii) execution of any required HOA documents and on-site amenity waivers specific to the Property; and (iv) execution of this Agreement. Failure to complete any required steps may result in Guest Cancellation described in Section 4.1.

5.6 Early Check-In & Late Check-Out

Due to the potential for back-to-back bookings and ensuring our team has time to prepare the Property for each guest, unless specifically requested by the Primary Guest and approved by AvantStay, the Check-In and Check-Out times will be as stated in the Listing. A failure to abide by the stated time in the Listing may result in additional charges.

PART VI — PROPERTY CONDITION AND MAINTENANCE

6.1 Property Description

AvantStay endeavors to ensure that all property descriptions and Listing materials accurately describe the Property and its features. No warranty, express or implied, is made as to the specific physical condition of items subject to ordinary wear and tear. The Property will be delivered in condition substantially consistent with the Listing description at the time of booking. Guests are advised to evaluate the Listing of the Property thoroughly for any natural or man-made conditions that would not be fit for each Guest's mobility needs, and AvantStay makes no representations are warranties regarding fitness for such purposes. Unless otherwise stated, Guest should assume the Property has not been retrofitted with ramps, rails, elevators, curbless entry or other mobility or visual impairment accommodations.

6.2 Arrival Inspection

Guest has not viewed the Property prior to booking. Upon arrival, Guest must inspect the Property and immediately report in writing any item not in operating condition or in disrepair. Failure to report a problem promptly may result in Guest being held responsible for related damage. Reporting a repair need does not entitle Guest to cancel the reservation or receive a refund.

6.3 Guest Care of Property

Guest will properly use, operate, and safeguard the Property, including landscaping, furniture, appliances, and mechanical, electrical, gas, and plumbing fixtures, and will keep them clean and sanitary. Guest is responsible for damage (excluding ordinary wear and tear) from misuse or exceptional use of the Property. drain blockages caused by Guest's actions or negligence.

6.4 Maintenance

AvantStay will ensure the Property is habitable, as defined by the Law. AvantStay will make reasonable efforts to address reported maintenance issues promptly but cannot guarantee resolution during the Booking. If the Property becomes uninhabitable pursuant to local Law during the Booking, AvantStay will follow the procedures in Section 4.2 (AvantStay Cancellation).

6.5 Cleaning

The Property is delivered in professionally cleaned condition. AvantStay does not provide nightly housekeeping or turndown service. The cleaning fee covers up to three (3) hours of post-departure cleaning. Mid-stay cleaning may be arranged for an additional fee through customer support. Excessive uncleanliness requiring additional cleaning time will be considered Guest-Caused Damages.

6.6 Natural Conditions and Weather

Guest acknowledges that the Property may be impacted by seasonal or inclement weather, resulting in necessary care and attention to be paid by all Guests and invitees to protect persons and property. For example, ice, snow, rain, and floods may make conditions on the Property slippery, dangerous, or difficult to access. Guest agrees to use due care to prevent personal injury and damage to the Property. Except in cases of AvantStay's gross negligence or willful misconduct, Guest agrees AvantStay and Owner are not liable for damage to persons or property due to natural conditions existing at the Property prior to arrival or that occur during the Booking.

6.7 Departure Obligations

Upon departure, Guest must: (i) return all keys and access devices; (ii) vacate the Property and remove all personal property; (iii) vacate all parking and storage areas; and (iv) leave the Property in the same condition as received, less ordinary wear and tear, including closing and securing all windows and doors.

PART VII — SAFETY, SURVEILLANCE, AND SECURITY

7.1 Wireless Internet

Guest understands and agrees that it may not tamper with, alter, remove or otherwise interfere with the use of wireless internet devices, firmware, firewalls, or other software in the Property. Guest is further restricted from using the provided wireless network for downloading, transmitting, or transacting in any prohibited material, including, without limitation, the misuse of copyrighted content, online gambling in restricted states, or prohibited material.

7.2 Safety Devices

The Property may contain smoke detectors, carbon monoxide detectors, fire alarms, water sensors, pool gates, pool alarms, fire extinguishers, and noise-level monitoring devices. Guest must not disable or tamper with any safety device and must report any malfunction immediately. Tampering with safety features is a material breach of this Agreement and grounds for immediate termination and removal.

7.3 Exterior Surveillance

The Property may have exterior video and audio surveillance cameras for guest security, protection of the Property, and community compliance. Guest acknowledges that the Property may be under 24-hour exterior surveillance in compliance with applicable privacy Laws and applicable OTA requirements.

7.4 Security

AvantStay may implement, expand, reduce, or discontinue security measures at any time without notice to Guest.

PART 8 — DEPOSITS AND BILLING

8.1 Security Deposit

If a Security Deposit is identified in Part I, AvantStay will apply it to documented Guest-Caused Damages and refund any remainder within the time required by law. AvantStay does not hold deposit funds in a trust account or pay interest on such Security Deposits, unless required by applicable Laws.

8.2 Billing Process

For any Guest-Caused Damages (whether or not a deposit applies), AvantStay will provide Guest with an itemized bill. Once notice of the Guest-Caused Damage is sent, Guest authorizes AvantStay to charge the full amount of Guest-Caused Damages to the payment method, including credit cards and OTAs, through which the Booking was made. Unpaid amounts accrue interest at the lesser of 8% per annum or the maximum rate permitted by law. A late charge of 5% of the overdue amount (or such lesser amount as required by law) applies to late payments. AvantStay reserves all legal remedies to collect unpaid amounts.

PART IX — LIABILITY AND INDEMNIFICATION

9.1 Personal Property and Insurance

AvantStay does not insure Guest's personal property (including vehicles) against loss, damage, theft, vandalism, or other causes. AvantStay recommends that all Guests obtain travel insurance and personal property coverage before their Booking.

9.2 Limitation of Liability

AvantStay is not liable for damage or injury to Guest or any other person or property at the Property unless directly caused by AvantStay's gross negligence or willful misconduct. Such limitation on liability includes, but is not limited to (i) loss, damage, theft, or other actions by third parties, (ii) utility and internet disruptions originating from outside the Property, (iii) environmental nuisances or conditions, including the discovery and presence of fungi, pests or vermin, (iv) improper or unreasonable use of the Property by the Guest, (v) Guest's violation of this Agreement, and (vi) casualty or force majeure events. In no event will AvantStay be liable for lost profits, special, punitive, or consequential damages. Except where prohibited by law, AvantStay's liability arising from this Agreement and Guest's use of the Property is limited to the Total Cost of Stay.

9.3 Guest Indemnification

Except for AvantStay's gross negligence or willful misconduct, Guest agrees to defend, indemnify, and hold harmless AvantStay and its employees, agents, officers, shareholders, directors, and members from all claims, disputes, litigation, judgments, costs, and attorney's fees arising from loss, damage, or injury caused by Guest or Guest's invitees in connection with Guest's use of the Property or this Agreement.

9.4 Assumption of Risk — Amenities

Guest acknowledges use of the Property's amenities, including pools, hot tubs, spas, docks, lakes, beaches, bicycles, and related equipment, involves inherent risks. Guest and invitees assume all risks associated with such use. Unless otherwise stated at the Property, if a pool or other body of water is present Guest understands no lifeguard is on duty. Children must be closely supervised at all times near water or play equipment.

9.5 Communicable Illness

Guests acknowledge that communicable illnesses, including COVID-19, may be present in shared or public environments. AvantStay follows applicable public health guidelines in maintaining its properties. Guests assume the inherent risk of communicable illness exposure associated with travel and lodging, except to the extent caused by AvantStay's gross negligence or willful misconduct in maintaining health and safety standards at the Property.

9.6 Survival

All indemnification and monetary obligations under this Agreement survive its termination until fully satisfied.

PART X — MISCELLANEOUS

10.1 Governing Law and Venue

This Agreement is governed by and construed in accordance with the Laws of the state in which the Property is located, without regard to conflict of laws principles. Any legal action or proceeding arising under this Agreement shall be brought exclusively in the jurisdiction of the state or federal court where the Property is located. The parties hereby consent to personal jurisdiction and venue in such courts.

10.2 Modification of Agreement

AvantStay reserves the right to modify the non-monetary terms of this Agreement. AvantStay will provide at least thirty (30) days' advance written notice of material changes via email to the address on file. Continued booking of an AvantStay property after the effective date of any change constitutes acceptance of the revised terms. If Guest does not accept revised terms, Guest may cancel in accordance with Section 4.1. Changes required by applicable law may take effect immediately upon notice.

10.3 Assignment

AvantStay may freely assign this Agreement, without consent, to any affiliated entity or its successor by merger, acquisition, or sale of all or substantially all assets. Guest may not assign this Agreement or sublet the Property.

10.4 Severability

If any provision of this Agreement is held invalid, illegal, or unenforceable, it will be replaced with the most closely aligned valid provision that achieves the same economic effect, and the remainder of the Agreement will remain in full force.

10.5 Joint and Several Liability

If there is more than one Guest, each Guest is individually and jointly responsible for the full performance of all obligations under this Agreement.

10.6 State-Specific Disclosures

1. THIS IS A VACATION RENTAL AGREEMENT UNDER CERTAIN STATE LAWS, INCLUDING BUT NOT LIMITED TO, THE NORTH CAROLINA VACATION RENTAL ACT. THE RIGHTS AND OBLIGATIONS OF THE PARTIES TO THIS AGREEMENT ARE DEFINED BY LAW AND INCLUDE UNIQUE PROVISIONS PERMITTING THE DISBURSEMENT OF RENT PRIOR TO TENANCY AND EXPEDITED EVICTION OF TENANTS. YOUR SIGNATURE ON THIS AGREEMENT, OR PAYMENT OF MONEY OR TAKING POSSESSION OF THE PROPERTY AFTER RECEIPT OF THE AGREEMENT, IS EVIDENCE OF YOUR ACCEPTANCE OF THE AGREEMENT AND YOUR INTENT TO USE THIS PROPERTY FOR A VACATION RENTAL.
2. This form has not been approved by the Colorado Real Estate Commission. This form was prepared by Jesse Michael Suarez, an attorney licensed to practice law in the states of Colorado and California for use by AvantStay, Inc. and its subsidiaries, including AvantStay CA, Inc, AvantStay Northeast, LLC, AvantStay Southeast, LLC, AvantStay Southwest, LLC, AvantStay Rocky Mountain, LLC, and AvantStay Pacific West, LLC.

PART XI — DISPUTE RESOLUTION – AGREEMENT TO ARBITRATE AND CLASS ACTION WAIVER

11.1 Attorney Fees

The prevailing party in any dispute conducted in accordance with this Agreement shall be entitled to an award of reasonable and actual attorney's fees.

11.2 Agreement to Mediate

If the parties are unable to resolve any dispute directly, AvantStay and Guest agree to make a good-faith attempt to resolve the dispute by using a mutually agreeable third-party mediator. Each party shall bear its own costs associated with mediation. A party's failure to participate in good faith in mediation shall render it ineligible to recover its legal costs and expenses.

11.3 Agreement to Arbitrate

Except as provided in Sections 11.5 and 11.6 below, and subject to the requirement to mediate the dispute in Section 11.2 above, AvantStay and Guest agree that any dispute, claim, or controversy arising out of or relating to this Agreement, the Booking, the use of the, or the breach, termination, enforcement, interpretation, or validity hereof — including any question of whether a particular dispute is subject to arbitration — will be resolved exclusively by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules in effect at the time the claim is filed, as modified by this Section. The AAA's Consumer Arbitration Rules are available at www.adr.org. This Section is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq.

11.4 Arbitration Process

Arbitration will be conducted by a single, neutral arbitrator. The arbitration will take place in Los Angeles County, California, or, at Guest's election, by video conference. The arbitrator may award the same damages and relief on an individual basis that a court could award. The arbitrator's decision is final and binding and may be entered as a judgment in any court of competent jurisdiction.

11.5 Exceptions – Small Claims and Injunctive Relief

Either party may bring an individual claim in small claims court in Guest's county of residence or in Los Angeles County, California, provided the claim qualifies under the applicable small claims court rules. Either party may also seek emergency injunctive or other provisional relief from a court of competent jurisdiction to prevent imminent harm pending arbitration, without waiving the right to arbitrate.

11.6 Carveout — California PAGA Claims

Nothing in this Section waives Guest's right, to the extent applicable, to bring a representative action under California's Private Attorneys General Act (Cal. Lab. Code § 2698 et seq.) in a court of competent jurisdiction. Such representative PAGA claims, if any, are not subject to arbitration under this Agreement.

11.7 Class Action Waiver

To the fullest extent permitted by law, AvantStay and Guest each waive the right to bring or participate in any class action, collective action, consolidated action, private attorney general action (except as provided in Section 11.4), or representative proceeding of any kind. The arbitrator has no authority to consolidate more than one person's claims or to preside over any class or representative proceeding. If a court determines that this class action waiver is unenforceable in a particular case, only that case may proceed in court and all remaining claims must be arbitrated individually.

11.8 Fees

The AAA's filing and administrative fees will be allocated in accordance with the AAA Consumer Arbitration Rules. For any claim by Guest that does not exceed $10,000, AvantStay will pay all AAA filing, administrative, and arbitrator fees, unless the arbitrator finds the claim to be frivolous. Each party bears its own attorneys' fees except where applicable law or the AAA Rules require otherwise.

11.9 Opt-Out

Guest may opt out of this arbitration agreement by sending written notice to AvantStay at legal@avantstay.com within thirty (30) days of the date Guest first executes an AvantStay Guest Agreement. The opt-out notice must include Guest's full name, the reservation confirmation number, and a statement that Guest elects to opt out of the arbitration requirement. Opting out does not affect any other term of this Agreement and will not result in any adverse consequence to Guest's reservation.

11.10 Severability

If any part of this Section 11 is found to be invalid or unenforceable, the remaining parts will continue in full effect, except that if Section 11.5 (Class Action Waiver) is found unenforceable, this entire Section 11 will be null and void.

11.11 Consent to Receive SMS Messages

By signing the Agreement, Primary Guest consents to receive automated SMS messages from Manager pertaining to reservation information, marketing, and promotional offers at the Primary Guest's phone number used by Primary Guest to communicate with Manager. Consent is not a condition to executing this Agreement, and Guest understands this clause can be removed at any time upon written request. Message frequency varies. Message & data rates may apply. Reply STOP to the text message thread to unsubscribe at any time.

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ACKNOWLEDGMENT AND EXECUTION

By executing this Agreement (electronically or otherwise), Guest confirms intent to be bound by the Agreement and each of the following statements. This Agreement is binding on Guest and all members of the party named in this reservation.

(a) I/we am/are at least the greater of {MIN_AGE} years of age or the minimum age stated on the Listing.

(b) I/we have read, understand, and agree to all terms and conditions of this Agreement, including the House Rules.

(c) I/we will occupy the Property solely for vacation purposes in accordance with this Agreement.

(d) I/we will abide by all applicable Laws and restrictions on use of the Property. A breach of any term of this Agreement may result in immediate eviction.

(e) I/we execute this Agreement on behalf of all members of our party and represent that each member will comply with its terms.

The credit card on file may be charged for unpaid rent, fines, excessive cleaning, damage, replacement costs, lost keys, lockouts, and charges for additional services — in each case following prior written notice to Guest.

{GUEST_NAME}
Guest
Agreed on {AGREEMENT_DATE} at {AGREEMENT_TIME}

{MANAGING_ENTITY}
Vacation Rental Manager / Licensor

AvantStay is committed to ensuring a safe and respectful experience for all guests and staff. This AvantStay Hotel Guest Code of Conduct ("Code of Conduct"), together with the Guest and Booking Terms and Conditions and House Rules, outlines the rules our guests are required to adhere to during their stay.

Violations of this Code of Conduct may result in cancellation of your booking and ejection from the premises. AvantStay team members have been instructed to take necessary actions to enforce this Code of Conduct. Guests are encouraged to report any inappropriate interactions and behavior to AvantStay staff.

Guests must:

• Behave appropriately, ensuring respect of the hotel environment and interactions with others.
• Respect the property facilities, which are for the enjoyment of all guests.
• Strictly abide by AvantStay quiet hours from 9PM-8AM. Note that some local regulations require stricter quiet hours or noise restrictions.
• Follow guest authorization protocol. No unauthorized on-site or overnight visitors are permitted.
• Safeguard their belongings. AvantStay is not responsible for the theft, loss, or damage of guest personal property.
• Acquaint themselves with fire safety procedures and comply immediately with fire safety alarms and instructions.

We will not tolerate:

• Fighting, taunting, instigating, or encouraging any action that may harm, endanger, threaten, or bring discomfort to others.
• Mistreatment of other guests or staff, verbal abuse, harassment, profanity, confrontation, intimidation, or threatening and irresponsible behavior.
• Abusive or obscene language or gestures concerning a person's race, ethnicity, color, gender, religion, creed, disability, age, sexual orientation, gender identity/expression, or national origin.
• Sexual assault, sexual misconduct, or unwanted or unsolicted touching, flirtation, or sexual behaviors of any kind.
• Possession or consumption of illegal or prohibited drugs or substances.
• Intoxication or impairment from alcohol or other substance abuse resulting in irresponsible behavior.
• Smoking on the premises.
• Possession of explosive devices, incendiary devices, or assault weapons of any kind.
• Damage, destruction, vandalism, or theft of any property.
• Any action in violation of any local, state, or federal law or AvantStay policy.
• Failure to follow the directions of staff and/or law enforcement.

We are here for you:

If you or anyone else feel threatened or unsafe, please contact law enforcement authorities.

If you witness or experience any interactions, behavior, activities that may be in violation of this Code of Conduct or any other AvantStay policies, please contact the AvantStay team by email at experience@avantstay.com or by phone at +1 (833) HI-AVANT.

Concierge Services

We offer Concierge Services to enhance your stay at selected AvantStay properties. Our team can assist you with creating a personalized itinerary so every minute of your trip is unforgettable. Some special offerings we can arrange, depending on the AvantStay property location, include ground transportation, private aircraft charter, private chef service, hot air balloon rides, pre-arrival fridge stocking, at-home massages, guided tours and much more ("Concierge Services"). Whether you're gathering for a family retreat or celebrating a special occasion, let us elevate your travel experience.

We may, but shall not be obligated to offer Concierge Services for an additional fee from time to time. If so offered by Us and so requested by you, we will mutually agree on the dates and times for such services and we and/or the applicable third-party service provider shall have the right to enter the reserved Accommodation to perform such services. To the extent that we offer and you request or use any such Concierge Services, you hereby agree to comply and ensure your registered guests' compliance with all of the applicable rules with respect to use of such Concierge Services. You shall be responsible for any damages that you or your registered guests cause.

Purchases

You agree to pay all applicable fees related to your use of any Concierge Services arranged through AvantStay's mobile app, Concierge Services emails or Customer Experience team member. Some Concierge Services may be directly charged by the provider, and we will update you on the method of payment for the services. By providing a payment method, you expressly authorize AvantStay to charge the applicable fees for goods or services, taxes and other charges incurred at the time of purchase, and thereafter each time you accrue any additional charges for additional services. We may use a third-party payment processor, and we have the right to cancel any Concierge Services requested if your offered payment method cannot be processed. You acknowledge and agree that AvantStay may receive a service charge, commission, referral or concierge fee in addition to the direct cost of the Concierge Services, either included in the guest fee or directly from the provider.

AvantStay may decline any Concierge Services request for any reason. If your request is declined by us, you will receive a full refund. AvantStay, at its sole discretion, may offer different promotional features and different rates to any customer. AvantStay may change the schedule of fees for some or all of the Concierge Services from time to time.

If there is an error with payment, please notify us as soon as discovered and we will take the necessary steps to rectify it.

Please note that until Concierge Services and/or reservations are confirmed by AvantStay or the third-party provider, all Concierge Services requests are subject to availability and prices are subject to change.

Third-Party Sites and Providers

AvantStay sometimes provides links via our mobile app and AvantStay emails to third-party websites or co-branded webpages. If you choose to use these links to purchase any Concierge Services, you will be redirected to websites or webpages that are not associated, owned or controlled by AvantStay. If you decide to access any of the third-party websites or co-branded webpages linked from the mobile app or AvantStay emails, you are doing so at your own risk, and those sites should have their own privacy policies and terms and conditions or services. By using the Concierge Services, you acknowledge and understand that local, third-party service providers are not affiliated with AvantStay or the property owner. You further acknowledge and agree that AvantStay and the property owner are not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of such third-party products, services, or websites. AvantStay makes no representations or warranties and does not endorse any third-party services.

By booking Concierge Services, you agree to release, indemnify, and hold harmless the property owner, AvantStay, and its employees, agents, or representatives from any and all liability, claims, demands, actions, and causes of action arising out of or related to any accidents, loss, damage, illnesses, or injury, including death, that may be sustained by you or your guests, or any property belonging to you or your guests, resulting from third-party activities or services. AvantStay and the property owner do not assume any liability or responsibility to you or any other person for any third-party products, services, or websites. You further agree that the property owner and AvantStay shall not, under any circumstances, be liable for any claims, damages, or losses arising from your use of the Concierge Services or any third-party products, services, or websites.

Certain third-party providers of goods or services may require your agreement to additional or different terms prior to your use of or access to their goods or services, including liability waivers for hazardous activities, and AvantStay disclaims any and all responsibility or liability arising from such agreements between you and the third-party providers.

Cancellation of Concierge Services

Cancellation policies vary by third-party providers. If you decide to cancel any purchase of third-party products or service, such cancellation shall be pursuant to the then current cancellation and refund policies of such third-party. You further agree to pay and be responsible for any penalty or fees associated with such cancellation of third-party products or services, and understand and acknowledge that if you cancel any services within a non-refundable timeframe, no refunds for the services will be provided by AvantStay.

Waiver and Release

By purchasing or utilizing any Concierge Services, you hereby release, waive, discharge and covenant not to sue AvantStay, Inc. or its trustees, directors, officers, employees and agents or representatives from any and all liability, claims, demand, actions and causes of action whatsoever arising out of or related to any accidents, loss, damage, illnesses or injury, including death, that may be sustained by you or your guests, or any of the property belonging to you or your guests. You agree that AvantStay will not, under any circumstances, be responsible or liable, directly or indirectly, for any claim, damages or loss related to your use of the Concierge Services.

You acknowledge and understand that some of the Concierge Services offered by AvantStay may be dangerous or inherently dangerous, and your participation in such dangerous or inherently dangerous activities is at your own risk.

You acknowledge and understand that you are responsible and liable for your own acts and the acts of anyone you invite to join or provide access to the Concierge Services. If you are booking for an additional guest who is a minor, you must be legally authorized to act on behalf of the minor and agree to be solely responsible for the supervision of that minor.