Summary of Terms 

Onyx leases properties for short-term rentals in downtown Austin. The property address is: 201-301 E. 4th Street, Austin, TX 78701. City and State taxes are 15%.  In Palm Springs, the tax rate and fees are 12%.  Cleaning fees apply, and are taxable. Payment is due in full at the time of booking, and we have a strict no cancellation/no refund policy. It is a condition of this Agreement that all rental monies will be released to Onyx upon agreeing to this contract. You must agree that the subject property will not be utilized for corporate entertainment functions, large gatherings or wedding venues unless prior authorization from Onyx. If this condition is violated, the tenant may be evicted (without refund), and will be responsible to pay for any damages, HOA fines, plus a penalty equal to or greater than the rental amount that was paid.

Disclosure 

The conditions above are part of this agreement, in which Onyx shall act as and be referred to as the “Lessor”. The undersigned, to include family, guests and invitees of the undersigned, shall be referred to as “Tenant”. The leased property shall be referred to as the “Premises”. The owners of the Premises shall be referred to as the “Owner.”

Acceptance of Premises 

Tenant acknowledges he accepts the Premises unconditionally either A) having conducted or waived a physical walk-through himself or through his representative, or B) personally reviewed photographs and a written description. Tenant agrees to examine closely the Premises within 2 hours of arrival, noting in writing and returning to Lessor or Owner, any damages or problems that could be mistaken for Tenant damages at the Term Departure Date.

Use of Premises 

Tenant understands the Premises is a privately owned residence. Neither the Owner nor the Transaction Broker shall be responsible for providing any additional equipment or furnishings not currently in/on the Premises. Locked-off areas are reserved for the use of the Owner or Lessor and are not a part of this Agreement. The use and occupancy of the premises shall be limited to residential purposes only, and to the Tenant, members of the Tenant’s immediate family and occasional guests. During the Agreement Term, Tenant shall neither permit nor allow any disorderly conduct, excessive or unreasonable noise or nuisance in or about the Premises. During the Term of this Agreement, the Tenant, at Tenant’s expense, shall maintain the Premises in clean condition and fixtures and appliances in good repair and working order, excepting normal wear and tear. Tenant accepts full responsibility for all guests, invitees, and family members who may be on the Premises during the term of this Rental Agreement. Owner shall be responsible for all repairs to Premises, provided said repairs are not the result of damage or negligence by Tenant. In addition, Tenant agrees to pay for any lost rental income due to damages and the associated repairs at a per diem rate no less than double that of the per diem rate under Tenant’s Lease Agreement, or double the per diem rate that is contracted for the impacted night(s). Tenant accepts full responsibility for any fines generated by the HOA for noise complaints, trash complaints, or other fineable offenses during the period of this contract.

Cancellation Policy 

This Rental Agreement is not subject to cancellation, change or modification and all rental monies received from Tenant are non-refundable. If Tenant defaults, under the Terms of this Rental Agreement any refund to Tenant will be contingent upon the re-renting of the Premises for the same dates and rate, less all costs, direct or indirect, incurred with re-renting. The acceptance of any advance monies by the Lessor or Owner shall not make either responsible or liable should the Premises become unavailable for any reason beyond the control of the Owner. If the Premises becomes unavailable, then all advance monies will be returned to the Tenant within 30 days of arrival date.

Services 

Owner will provide Tenant with a clean Premises upon arrival. It is the Tenant’s responsibility to leave the Premises in the same condition received. Tenant will be responsible for departure cleaning services fee. The Tenant shall pay for any extraordinary cleaning or restoration needed due to neglect, not for normal wear and tear. Additional cleaning services are available to Tenant at the rate of $60 per hour if requested. Tenant to pay Lessor before the time of services for additional services. Any additional services performed at the request of Tenant and not paid for will be charged to the credit card on file.

Utilities 

Owner is responsible for all utilities excluding long distance phone charges, pay-per-view or on-demand television services, and other third-party services, which are the responsibility of the Tenant.

No Smoking in the Premises 

In the event that there has been smoking in the Premises, the Owner and Lessor will require any fabrics, furniture, or carpets to be cleaned at the Tenants’ expense. The Tenant will be required to pay retail/replacement price for any smoking burns or stains on any furniture both indoor and outdoor at the Owners or Lessors discretion. In addition, the Tenant will be required to pay for any lost rental income during the period of needed repair at a per diem rate no less than double that of the per diem rate under the Tenant’s Lease Agreement, or double the per diem rate that is contracted for the impacted night(s).

No Pets 

Pets are not allowed in and on the Premises. The full amount of the security/damage deposit will be forfeited in the event Tenant has pets in our on the Premises. If we do not have a security/damage deposit on file, we will charge the credit card on file $500 for this breach of contract.  Tenant will also be responsible for any and all damages and associated repairs. In addition, lost rental income will be assessed at a per diem rate no less than double that of the per diem rate under Tenant’s Lease Agreement, or double the per diem rate that is contracted for the impacted night(s).

Entry

Authorized repairmen, Owner, Lessor, or employees of the Owner/Lessor may enter the Premises at any time with notice to the Tenant, for the purpose of repair, improvement, care or management. In the case of emergency, access will be permitted at any hour, with or without notice.

Security/Damage Deposit

Any damages or unpaid bills that are the responsibility of the Tenant will be charged to the refundable security deposit and/or the credit card on file. Should damages exceed the credit card limit, Tenant will be responsible for prompt payment on any excess damages or unpaid bills. Owner or Lessor will inform Tenant of all damages and will have the right to collect excess damages via Tenants credit card and/or by billing Tenant.

Credit Card Authorization

The Tenants’ Credit card information is required for any charges incurred and not paid for by Tenant during occupancy. This information is required at the time this Agreement is made. Tenant’s agreement to this lease summary authorizes the Lessor or Owner to charge the credit card provided for costs incurred,

including but not limited to telephone, damages, HOA violations, and extra services provided to and

received by the Tenant.

Liability

Tenant agrees to be liable for Owner’s and Lessor’s costs, legal and other, in enforcing any provision of this agreement between Tenant and Owner/Lessor. In the event of any arbitration or litigation relating to this contract, the arbitrator or court shall award to the prevailing party all reasonable costs and expenses, including attorney fees. It is expressly understood and agreed that the Owner and Lessor of the Premises will not be liable for any damages or injury to the Tenant or the Tenants’ property from whatever cause arising from the occupancy of said premises by Tenant.

Fireplaces and Other Flammable Equipment

Tenant is prohibited from using the fireplace. Tenant is solely responsible for all damages that result from failure to monitor and turn off fireplaces, and other flammable equipment on the Premises.

Compliance

If any part of this Agreement is deemed invalid by a Court of Law, then all other parts of this Agreement in compliance with the law are valid and binding.

Authority

This Agreement shall be interpreted under the laws of the State of Texas. Tenant agrees that any legal action must be adjudicated within the State of Texas.

Surrender of Premises – Holding Over

If, after the expiration of the term of this Agreement, Tenant shall remain in possession without written agreement as to such possession, Tenant shall be deemed to hold the Premises as a tenant at will and obligated thereon to pay rent for such periods in advance at a per diem rate no less than double that of the per diem rate under Tenant’s Lease Agreement prior to such holding over by Tenant, or double the per diem rate that is contracted for the following night(s). During such period all other terms and conditions of this Lease Agreement shall remain in full force and effect.