This Short-Term Rental Agreement for the Forest House Retreat (this “Agreement”) is entered into between Native Living Inc., a California corporation doing business as “To be Magnetic” (“Native”), and you, the guest(s) signed below (collectively, the “Guest”). 

  1. Property. The “Property” is located at: 7131 Snyder Creek Road, Mariposa California, 95338

  2. Term. This Agreement is entered into when Guest places its reservation online and the reservation is accepted by Native (the “Effective Date”). Native will notify Guest by email when its reservation is accepted. Native expressly reserves the right to refuse service to anyone. 

  3. Payment. Upon acceptance of Guest’s requested reservation, the deposit of one-hundred percent (100%) of the total “Rental Fee” and a signed copy of this Agreement are due. 

  4. Security Deposit. In addition to the Rental Fee, a separate refundable “Security Deposit” of one-thousand dollars ($1,000) is required to reserve the Property. Guest may pay the Security Deposit by check, however, Guest is required to supply credit card information at reservation request for security purposes. If the Security Deposit is held in an interest-bearing account, all interest earned shall incur to the benefit of Native. The Property will be carefully inspected upon Guest’s departure. Upon satisfactory inspection of the Premises, the Security Deposit will be released to Guest LESS any expenses for damages to the Property, missing items, unpaid Rental Fees, Cleaning Fees, or Deep Cleaning Fees. 

  5. Cancellations & Refunds. Cancellations thirty (30) days or less before Check-In Date will forfeit the “Total Rental Fee”. The Total Rental Fee includes all charges on the paid-in-full invoice. Cancellations more than thirty (30) days before Check-In Date, will forfeit fifty percent (50%) of the Total Rental Fee. Cancellations more than sixty (60) days before Check-In Date, will receive one-hundred percent (100%) refund of the Total Rental Fee. 

  6. It is Guest’s responsibility to mitigate any loss incurred from a cancellation by purchasing travel insurance through a third party insurance provider and cancelling for acceptable reasons under the applicable insurance policy. 

Check-In; Check-Out Time; Procedures. Guest may check-in anytime after 2:00pm PST on the first day of their reservation (the “Check-In Date”). Guest must check-out of the Property anytime before 11:00am PST on the last day their reservation. A late check-out is subject to Native’s approval and additional rental charges at the rate of one-hundred US dollars ($100.00) per hour. Guest is responsible for completing the check-out procedures provided in the guest package that includes procedures for returning keys and securing the Property. 

Condition of the Property. Guest understands that the Property is considered reserved as “sight unseen”.  Native has, to the best of its ability, given an accurate description of the property and its condition. The Property will be cleaned and restocked prior to Guests’ arrival and all electrical, plumbing and appliances should be in working order. The failure(s) of operation of any amenities, such as TVs, cable, games, or the Internet and WiFi service are not a basis for a refund. Native will make every effort to have these items repaired, however, Native does not guarantee these items will be repaired during Guests’ occupancy. 

If, upon arrival, Guest finds that the Property has not been cleaned to normal standards, please notify Native immediately. Native will do its best to remedy any issues, including those that require the attention of any tradesmen, however, such services may be limited during Guests’ occupancy, especially during weekends and holidays. Under no circumstances will any of the Total Rental Fee be refunded because of the condition of the Property. 

  1. Parking. Parking is available in the driveway located on the Property. Vehicles in addition to those that will safely and comfortably fit in the driveway may be parked on the street. At no time shall any vehicle be driven on any area of the Property that is not paved.  

  2. Toiletries & Linens. The Property is provided with a starter set of toilet paper and paper towels, pillows, linens, blankets, bedspreads, comforters, bath towels, hand towels, and kitchen towels & washcloths. Guests may need to replenish their own paper goods, toiletries, and laundry detergent, etc. depending on their usage and length of stay. 

  3. Cleaning; Cleaning Fees; Removal/Damages.  A cleaning service will clean the house and linens on Guest’s departure and a standard “Cleaning Fee” of two-hundred US dollars ($200.00) will be included in the Total Rental Fee. 

Guest is responsible to ensure that all debris, rubbish and discarded items are placed in plastic bags and transferred to the appropriate large trash bins by the road, and soiled dishes and cooking utensils are placed in the dishwasher and cleaned. In the event that Guest leaves the Property in such condition that a deeper than standard cleaning is necessary, a “Deep Cleaning Fee” shall be applied at the market rate for such service. 

Partial or total removal or destruction of any item from or on the Property, including any linen, utensil, appliance, or piece(s) of furniture is strictly prohibited. If Native or its cleaning service provider finds that Guest has removed or destroyed any such item, Guest will be charged for the replacement costs of such removed or destroyed item, regardless of whether such removal or destruction is partial or total. Native may, at its discretion, provide Render with an opportunity to return any missing item that may have been inadvertently removed. 

All furniture must be returned to its original location on Guest’s departure, otherwise, an additional charge may be made. 

  1. Maximum Occupancy. The maximum occupancy for the Property is six (6) individuals, each over the age of twenty-five (25) years’ old. At all times during the rental period, Guest agrees to have no more than six (6) guests on the Property. If more than the stated number of guests are found to be occupying the Property, without prior written permission, Native has the right to terminate this Agreement and Guest will forfeit all monies paid, including the Total Rental Fee, Cleaning Fee, and any other deposits. Guest is fully responsible for all occupants during the reservation and for ensuring each occupant’s adherence to this Agreement.

  2. Keys. Guest will be provided with two (2) sets of keys upon Check-In. Lost keys will incur a replacement cost of twenty-five US dollars ($25.00) per lost key. 

  3. Use.  Guest shall take possession of and use of the Property only for a private residence for not more than the maximum number of guests or days reserved and as provided in Sections 14 – 17 below. 

  4. No Pets– Zero Tolerance. Absolutely no pets are permitted on the Property. In the event that a pet is discovered in violation of this Agreement, Guest shall be evicted, this Agreement shall be terminated, and the Security Deposit, Cleaning Fee, and Deep Cleaning Fee shall be applied in full.  

  5. No Children– Zero Tolerance.  Absolutely no children under the age of eighteen (18) are permitted on the Property. Guest understands that no special efforts have been made to “childproof” the Property, and accepts the risk of harm to any children on the Property in violation of this Agreement. In the event that a child is discovered in violation of this Agreement, Guest shall be evicted, this Agreement shall be terminated, and the Security Deposit, Cleaning Fee, and Deep Cleaning Fee shall be applied in full.  

  6. No Parties – Zero Tolerance. The Forest House Retreat is not a party house. Guest must be twenty-five (25) years of age to rent the Property. The Property is located in a residential neighborhood and Guests shall be enjoy the Property in a manner that does not unreasonably disturb the surrounding residents. Any special occasions such as weddings, receptions, family reunions or increase of occupants (guests not registered on the registration form and not bringing the total above maximum permitted guests) must be disclosed at the time the reservation is made and is subject to Native’s approval. Prom parties, fraternity or sorority parties and graduation parties are not allowed at any time. Adults cannot rent the Property on behalf of underage guests, no exception. 

  7. Non-Smoking – Zero Tolerance. This is a NON-SMOKING Property. Evidence of smoking, such as the smell of cigarette or cigar smoke inside the Property, if discovered by the cleaning crew, is sufficient basis to charge the Guest for smoke cleanup and removal from any carpeting, HVAC ducts & filters, and furniture. This type of deep cleaning is expensive, and Guest will be liable for the Deep Cleaning Fee. 

  8. Entry of Premises.  With Guest’s permission, which is hereby given, Native or Native’s agent may enter the Property during reasonable daylight hours without securing prior permission from Guest, provided that Native shall give Guest notice of such entry immediately prior, if possible, and immediately thereafter. This permission to enter the Property extends to any employee of a property management company employed by Native who may need to enter the Property for inventory and maintenance purposes. In the event of an emergency, Native or Native’s agent may enter the Property at any time without the permission of Guest for the purpose of making repairs to alleviate or prevent such emergency. If Guest abandons or vacates premises, Native may, at its option, terminate this Agreement, re-enter the Property and remove all Guest’s property. 

  9. Natural Disasters & Inclement Weather Policy. Guest assumes the risk  that the Property could become non-habitable or Guest’s ability to access the Property may be hindered due to acts of God, such as wildfire, floods, mudslides, blizzards, tornadoes, earthquakes, other natural disasters, inclement weather or power outages (collectively, an “Event”). No refunds will be given and Native is not responsible for the relocation of Guest should the Property become non-habitable due to any such Event. This policy applies even if a mandatory evacuation of the Property or surrounding area is ordered by local, state, or federal authorities.  

  10. Accidental Damage Insurance. Guest is completely responsible for any and all damage to the Property caused by Guest, whether accidental or caused by Guest’s negligence or willful misconduct. 

  11. Subletting; Assignment.  Guest is not authorized to let or sublet all or any part of the Property, nor may Guest assign this Agreement without the prior written consent of Native.  

  12. Confidentiality. Guest will not disclose, and will not permit the disclosure of, any personal information regarding Lacy Phillips discovered on the Property. Such “Confidential Information” includes, but is not limited to: any journals, photos, notes, mail, or other personal documents associated with Lacy Phillips that are discovered on the Property; any possessions, products, or other objects of a personal nature discovered on the Property; and any other information discovered on the Property that should be reasonably understood to be of a personal and confidential nature. For the avoidance of any doubt, this provision does not prohibit Guest from sharing general, non-private information about the Property, including photos of the Property that do not include the above referenced Confidential Information. 

  13. Non-Disparagement. Guest will not, at any time during the reservation and thereafter, make statements or representations, or otherwise communicate, directly or indirectly, in writing, orally, or otherwise, or take any action which may, directly or indirectly, disparage Native, Lacy Phillips, or the Property. Native requests that Guest resolve any complaints with Native prior to publication with third-party websites. Notwithstanding the foregoing, nothing in this Agreement shall preclude Guest from making truthful statements that are required by applicable law, regulation, or legal process. 

  14. Assumption of Risk. The Property contains a hammock, nature trails with stumps and rough terrain (during all seasons), stairs, a sauna, a deck, bikes, bio mats and various devices and appliances (collectively, the “Amenities”). Guest assumes all risk of harm to his/her own life or property or that of others’ in his/her use of these amenities and any participation in any activities on the Property are entirely at Guest’s own risk, and Native is not liable for any harm caused by Guest’s use of the Property or the Amenities. 

  15. Liability.  Guest agrees to indemnify and hold harmless Native from any and all costs, expenses, legal proceedings, attorney fees, suits, claims or demands, whether from personal injury, loss of life, damage to the Property, or harm to any kind related directly or indirectly to guest’s use of the Property during the reservation. This indemnification by Guest does not waive Native’s duty of care to prevent any personal injury, duty to warn or property damage imposed by law.


  17. Governing Law. This Agreement shall be construed in accordance with, and governed by, the laws of the State of California as applied to contracts that are executed and performed entirely in California. The exclusive venue for any court proceeding based on or arising out of this Agreement shall be Mariposa County, California. 

  18. Entire Agreement. This Agreement constitutes the entire agreement between the Guest and Native pertaining to the Property contained in it and supersedes all prior and contemporaneous agreements, representations, and understandings of the parties. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by all the parties. 

  19. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 

  20. Headings. The headings in this Agreement are inserted for convenience only and shall not constitute a part hereof.
    Acknowledgement. Guests acknowledges that s/he has reviewed and understand the terms of this Agreement and the rules, regulation and policies contained herein and agrees to be bound by them.