SHORT-TERM RENTAL AGREEMENT

BOOKING POLICIES

When booking through the website of Huizing Properties LLC d/b/a SoDak Stays (“Manager”), Renter hereby agrees to the terms, provisions, and conditions set forth in this Short-Term Rental Agreement Booking Policies (“Agreement”):

1. PAYMENT. Full payment will automatically be charged to Renter’s credit card on the date of booking.

2. CANCELLATION POLICY. Cancellations made before 3:00 p.m. CT fourteen (14) days or more prior to arrival date will be 100% refunded minus a 5% handling fee. Cancellations made before 3:00 p.m. CT seven (7) days to fourteen (14) days prior to arrival date will be 50% refunded. Reservations cancelled after 3:00 p.m. CT within seven (7) days of arrival date are nonrefundable.

A fourteen (14) day cancellation policy shall apply for all holiday reservations, which includes without limitation, Christmas, New Year’s Eve (December 20 thru January 2nd), President’s Day weekend, Memorial Day weekend, Labor Day weekend, and such other special events (“Holiday Reservations”). Holiday Reservations cancelled by 3:00 p.m. CT fourteen (14) days or more prior to the arrival date will be charged $25.00 plus 5.0% handling fee. Holiday Reservations cancelled after 3:00 p.m. CT within fourteen (14) days of arrival date are nonrefundable.

3. RESPONSIBILITY. Renter acknowledges and agrees that Manager acts as an agent for property owner, and shall not be responsible for the acts or omissions of such property owner and its agents.

4. LODGING. A credit card is required upon booking to cover incidental charges and damages. Property amenities are subject to change without notice and at the discretion of the Manager or the property owner. Property photos are representative only and may not entirely depict the property as of the reservation date.

5. STATE & LOCAL TAXES & FEES. All state and local taxes and other fees apply at the time of stay and are subject to change without prior notice. Additional miscellaneous fees may be included on the guest itinerary as determined by the Manager from time to time.

6. NO WARRANTIES. Manager makes no warranties, guarantees or representations of any kind, express or implied, arising by or otherwise, including, without limitation, any implied warranty of merchantability or fitness for a particular purpose, or any implied warranty arising from course of performance, conduct or dealing. Manager shall not be responsible for any loss of or damage to property or death or injury to person, resulting from any act or omission of any person or entity, or caused by strike, weather, sickness, pandemics, government restrictions, or any other cause beyond its reasonable control.

7. USE OF WEBSITE. Renter represents and warrants that it is at least eighteen (18) years of age and possesses the legal right and ability to enter into this Agreement and to use this Web Site in accordance with all terms, provisions, and conditions herein. Renter agrees to be financially responsible for all use of this Web Site. Renter acknowledges and agrees that if other individuals, including minors, use this Web Site under Renter’s name or account, Renter shall be responsible for all charges incurred as well as any other aspects of their usage. Renter agrees to supervise all usage by minors of this Web Site under its name or account. Renter agrees not to make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand. Renter agrees that the travel services reservations facilities of this Web Site shall be used only to make legitimate reservations or purchases for Renter or for any other person for whom you are legally authorized to act.

8. INFORMATION ON THE WEB SITE. Renter agrees not to use or authorize the use of this information for any purpose other than personal use, and not to engage or authorize anyone to engage in the resale, redistribution, and use of the information on this Web Site for commercial purposes.

9. GENERAL PROVISIONS.

(a) Assignment. This Agreement may not be assigned by Renter without the prior written consent of Manager, which shall not be unreasonably withheld.

(b) Attorneys’ Fees. If any party shall commence any action or proceeding against another party in order to enforce the provisions hereof, or to recover damages as the result of the alleged breach of any of the provisions hereof, the prevailing party therein shall be entitled to recover all reasonable costs incurred in connection therewith, including without limitation, reasonable attorneys' fees.

(c) Entire Agreement; Modification. This Agreement, together with the recitals, schedules, and exhibits, constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all prior oral or written negotiations and agreements between the parties with respect to the subject matter hereof. No modification, variation, or amendment of this Agreement (including any exhibit hereto) shall be effective unless made in writing and signed by both parties.

(d) Severability; Non-Waiver. In the event that any of the terms, conditions or provisions of this Agreement are held to be illegal, unenforceable or invalid by any court of competent jurisdiction, the remaining terms, conditions or provisions hereof shall remain in full force and effect. The failure or delay of either party to enforce at any time any provision of this Agreement shall not constitute a waiver of such party’s right thereafter to enforce each and every provision of this Agreement.

(e) Further Acts. The parties agree to take such reasonable further acts and execute such other documents as reasonably required to effectuate the intent of this Agreement.

(f) Governing Law; Venue. This Agreement is subject to and shall be governed by and construed and enforced in accordance with the laws of the State of South Dakota without regard to conflict of laws principles. All actions or proceedings arising directly or indirectly from this Agreement shall be brought in the state and county in which the property resides.

(g) Force Majeure. Manager shall not be liable or responsible for any delays or cancellations due to strikes, lockouts, riots, acts of God, pandemics, shortages of labor or materials, national emergency, acts of a public enemy, governmental restrictions, laws or regulations, or any other cause or causes, whether similar or dissimilar to those enumerated, beyond its reasonable control.