You’ll love this place because of the location, the views, the amenities. Cabin is on flat land with seasonal creek in back. A few houses from to Crystal Falls Lower lake, gym, Stables (horseback riding for certain ages), tennis court and basketball court. There is also a very shaded beautiful Upper Lake a short drive away. ~15 mins to Railtown, 40 mins to Pinecrest/Dodge Ridge Ski Resort, 1- 1/2 hrs to Yosemite. Good for couples, solo adventurers, business travelers, and families (with kids).
Key and key code
There is no internet or phone service.
This Rental Agreement and Contract (the “Agreement”) is a legally binding agreement made and entered into as of the Reservation Date and between the undersigned person(s) or company (the “Guest”) and Evelyn Bordwell Trust, pursuant to which the Guest has agreed to rent the residence 21557 Crystal Falls Dr, Sonora, for the duration of the Rental Term for the Total Agreed Rental Fee and other good and valuable consideration as described
CONDITION AND USE OF PROPERTY
The Property is provided in “as is” condition. Owners shall use their best efforts to ensure the operation of all amenities in the Property, such as fireplace, Electric Heaters, Tennis Equipment. Rental Agent shall not be held responsible for such items failure to work, but will make every effort to correct any issues as reported as quickly as possible. Guest acknowledges that use of amenities such as fireplaces, decks, creek, and the like may be potentially dangerous and involve potential risks if improperly used, particularly with regard to children and such use is at the Guest’s own risk.
Guest shall use the Property for residential purposes only and in a careful manner to prevent any damage or loss to the Property and keep the Property in clean and sanitary condition at all times. Guest and any additional permitted guests shall not use the Property for any immoral, offensive or unlawful purposes, nor violate any law, association rules or ordinance, nor commit waste or nuisance on or about the Property.
1. Property: The property is located at:
21557 Crystal Falls, Sonora, CA
2. Maximum Occupancy: The maximum number of overnight occupancy is limited to 8 persons, not including children under 3 years of age.
3. Rental Rules: Guest agrees to abide by the Rental Rules at all times while at the property and shall cause all members of the rental party and anyone else Guest permits on the property to abide by the following rules at all times while at the property.
A. Smoking is NOT allowed.
B. People other than those in the Guest party set forth above may not stay overnight in the property. Any other person in the property is the sole responsibility of Guest. Max number of guest during day is 14, not including children under 3 years of age. This limit does not apply on the following national holidays: Easter, Memorial Day, 4th of July, Labor Day, Thanksgiving, Christmas Eve and Christmas. Only 1 tenant group is allowed at a time.
C. Property is privately owned; the owners are not responsible for any accidents, injuries or illness that occurs while on the premises or its facilities. The Homeowners are not responsible for the loss of personal belongings or valuables of the guest. By accepting this reservation, it is agreed that all guests are expressly assuming the risk of any harm arising from their use of the premises or others whom they invite to use the premise.
D. Keep the property and all furnishings in good order
E. Only use appliances for their intended uses.
F. Pets are NOT allowed.
G. Parking is not allowed to the left of the front door due to septic tank location. Any illegally parked cars are subject to towing; applicable fines/towing fees are the sole responsibility of the vehicle owner.
H. Housekeeping: There is no daily housekeeping service. While linens and bath towels are included in the unit, daily maid service is not included in the rental rate. We suggest you bring beach towels. We do not permit towels or linens to be taken from the unit.
I. Fireplace: The fireplace is wood burning. Electric fireplaces are in the bedrooms but are timed as they are not to be used as the sol source to heat the cabin.
J. Noise Limits: All activities associated with the vacation rental shall meet the General Noise Standards. Quiet hours are 10:00pm to 9:00am. Amplified Sound is prohibited.
K. Storm or Earthquake: If there is a storm or earthquake, no refunds will be given unless:
• The state or local authorities order mandatory evacuations for the rental location during the reservation period or
• A mandatory evacuation order has been given for the area of residence of a vacationing guest.
L. Washing Machine and Dryer are available for use during stay. They are not large capacity and should not be over stuffed. No dyes or chemicals other than regular laundry detergents are to be used.
4. Access: Guest shall allow Homeowner access to the property for purposes of repair and inspection. Homeowner shall exercise this right of access in a reasonable manner. Entry and Inspection: Owner reserves the right to enter the Property at reasonable times and with reasonable advance notice for the purposes of inspecting the Property or showing the Property to prospective purchasers, renters or other authorized persons. If Rental Agent has a reasonable belief that there is imminent danger to any person or property, Owner may enter the Property without advance notice.
Check in time: 4pm
Check out time: 10am
5. Security Deposit / Property Damage
Deposit: A refundable security deposit of $250 .
The security deposit shall be refunded within 14 days of the Checkout Date provided no deductions are made due to:
i. damage to the property or furnishings;
ii. dirt or other mess requiring excessive cleaning; or
iii. any other cost incurred by Homeowner due to Guest’s stay.
The property damage insurance is non-refundable.
If the premises appear dirty or damaged upon Check-in, Guest shall inform Homeowner immediately.
The property is furnished and includes Refrigerator, Stove, Oven, Microwave, Coffeemaker, 5 quart Crockpot, California King Bed, Queen Bed and Full Bed, Linens, Towels for 8, table with bench and chairs, Washing Machine, Dryer, Dishwasher, brown leather couch, Green Leather couch and matching chair, coffee table, TV, VHS player, 3 piece bedroom set including nightstand, dresser , large dresser, chair, rocking chair, bookshelf, desk hutch, curtains, fire extinguisher.
6. Cancellation Policy: If Guest wishes to cancel his/her reservation, the deposit will be refunded as follows:
7. Insurance: We encourage all renters to purchase traveler insurance. Below are some references you may contact to purchase such insurance:
8. Payment: Acceptable payment methods are e-check or credit card via online rental payment options.
9. Release & Waiver of Liability and Indemnity:
In consideration for being permitted to enter premises and property for vacation rental or any other purpose, the tenant, for himself/herself, his/her personal representatives, guests, children, heirs, and next of kin, acknowledges, agrees, and represents that he/she has or will immediately upon entering, and will continuously thereafter, thoroughly inspect such areas and his/her continued presence constitutes an acknowledgment that he/she has inspected house, deck and entire property and he/she finds and accepts such areas as being safe and reasonably suited for the purposes of his/her use, and he/she further agrees and warrants that if, at any time, he/she feels anything to be unsafe, he/she and all guests will immediately leave the area and advise appropriate persons.
The tenant hereby RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE Deborah Baird and/or Kyle Baird personally and as company or corporate representatives, their members, managers, operators, officials, officers, directors, employees, owners and lessees of the premises, all for the purposes herein referred to as “releasees”, from all liability to the undersigned, guests, representatives, assigns, heirs and next of kin for any and all loss or damage, and any claim or demand thereof on account of INJURY to the person(s) or property or resulting in death of the undersigned or guests, whether caused by negligence of the releasees or otherwise while in or upon the area. The tenant hereby agrees to indemnify and save and hold harmless the releasees and each of them from any loss, liability, damage, or cost they may occur due to their presence in or upon the area and whether caused by the negligence of the releasees or otherwise. The tenant herby accepts full responsibility for each child who arrives on the property. All children under the age of 17 must be supervised at all times.
Use of fireplace carries risk that may result in serious injury or death, and unsupervised use by children is prohibited. All persons must wear life vests when in or around the creek. Creeks may appear calm or shallow when they are in fact not, children should be supervised at all times. The tenant hereby assumes full responsibility for risk of bodily injury, death or property damage due to the negligence of the releasees or otherwise while in or upon area. The tenant hereby certifies that he/she and guests (they) have adequate insurance to cover any injury, illness or damage that may be caused or suffered while in or upon area, or else agrees to bear the costs of such damage or injury. The undersigned further that he/she/they have no medical conditions which would interfere with use of property including and not limited to climbing of stairs or else assume and bear the costs of all risks that may be created, directly or indirectly, by any such condition and expressly acknowledges such physical activities are dangerous and involve the risk of serious injury and/or death and/or property damage. The tenant further expressly agrees that the foregoing release, waiver and indemnity agreement is intended to be as broad and inclusive as is permitted by law and that if any provision is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
Any dispute, controversy or claim arising out of or related to this Agreement or the interpretation of this Agreement shall be settled by arbitration in accordance to the rules of the American Arbitration Association, except to the extent modified below. The place of arbitration shall be the Landlords choice.
The tenant HAS READ, UNDERSTANDS THE RISKS, AND VOLUNTARILY AGREES TO THIS RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT and GUEST RENTAL AGREEMENT, and further agrees that no oral representations, statements, or inducements apart from the foregoing written agreement have been made.
Guest agrees that all personal property, furnishings, personal affects and other items brought into the Property by Guest or their permitted guests and visitors shall be at the sole risk of Guest with regard to any theft, damage, destruction or other loss and Rental Agent shall not be responsible or liable for any reason whatsoever.
Guest hereby covenants and agrees to indemnify and hold harmless Rental Agent and their agents, owners, successors, employees and contractors from and against any costs, damages, liabilities, claims, legal fees and other actions for any damages, costs, attorneys fees incurred by Guest, permitted guests, visitors or agents, representatives or successors of Guest due to any claims relating to destruction of property or injury to persons or loss of life sustained by Guest or family and visitors of Guest in or about the Property and Guest expressly agrees to save and hold Rental Agent harmless in all such cases.
Guest hereby waives and releases any claims against Rental Agent, the Property owner and their successors, assigns, employees or representatives, officially or otherwise, for any injuries or death that may be sustained by Guest on or near or adjacent to the Property, including any common facilities, activities or amenities. Guest agrees to use any such facilities or amenities entirely at the Guest’s own initiative, risk and responsibility.
10. Default: Guest should fail to comply with the conditions and obligations of this Agreement, Guest shall surrender the Property, remove all Guest’s property and belongings and leave the Property in good order and free of damage. No refund of any portion of the Total Rental Fee shall be made and if any legal action is necessary, the prevailing party shall be entitled to reimbursement from the other party for all costs incurred.
11. Assignment or sublease: Guest shall not assign or sublease the Property or permit the use of any portion of the Property by other persons who are not family members or guests of the Guest and included within the number of and as permitted occupants under this Agreement
Any notice required to be given under this Agreement shall be in writing and sent to the contact information provided. This Agreement may be signed in one or more counterparts, each of which is an original, but taken together constitute one in the same instrument. Execution of a digital signature shall be deemed a valid signature.
Lake Contract: 2016
Please read the following rules and regulations for the lake carefully before you sign.
Failure to follow the terms of the contract will result in the temporary or permanent loss of your card or key and Lake Privileges.
Hours and Dates
Open for the season Memorial Day Weekend through Labor Day.
After Labor Day, the Lake Beach will be open year-round from 8:00 a.m. to dusk for adults only, or children with parents, no unaccompanied children under 14 years of age.
A key card system and a surveillance system has replaced the Gatekeeper. This system will record the lot number of the owner of the card, the time of entry, and the time of exit from the Lake. The surveillance camera, synchronized with the card key reader, will show us who is using the card. Use of the card by unauthorized persons will result in the loss of Lake Privileges.
The cost of replacement for a lost card will be $50.
The cost of replacement key will be $50.
A key that opens the locks on the Upper Lake will be provided
There will be no lifeguards on duty. Patrons swim at their own risk. Patrons enter the beach area and
swim area at their own risk.
Crystal Fall Association is not responsible for lost personal items.
Smoking is allowed only in the designated smoking areas.
No drugs. Members must be over age 21 to drink alcohol on Crystal Falls property.
Although there will be a Lake Monitor, Crystal Falls Association will not take responsibility for beach
activities or incidents. The employees of Crystal Falls are to be accepted as authorities on behavior and
have the right to ask member or guests to leave the lake for the day.
Registered Guest is responsible for the conduct and safety of everyone who uses the card or key. This includes family members and other guests.
A parent or other adult who is responsible must accompany children under 14. Unaccompanied children under the age of 14 will be held in the clubhouse until parents come to pick them up.
Children 14 years or older may enter the Lake unaccompanied. However, parents are still responsible for the conduct and safety of their children and any guests of their children while at the Lake. Younger siblings under 14 may not be left in the care of anyone under the age of 18.
Unaccompanied children are limited to 3 guests each, who must be at least 14 years old. Adult members may bring in up to 9 guests on their card. No delinquent members may be brought in as guests.
Children or adults who fail to follow the rules may be asked to leave for the day. After the first incident, homeowners are subject to temporary or permanent loss of Lake privileges
Lake Rules and Regulations
1. No animals of any kind are allowed in the beach area.
2. Smoking is allowed only in the designated smoking area.
3. No littering. Pick up your own trash.
4. No glass containers.
5. No bats, balls or other potentially dangerous activities allowed on the beach. Beach balls, volleyballs, and
other controlled activities are exempt from this restriction.
6. No rough horseplay, such as towel whipping, splashing, shoving, or dunking.
7. No foul or abusive language or aggressive behavior.
8. No loud music or behavior that would interfere with another member’s ability to enjoy the beach or lake. 9. No swimming behind the island.
10. No one is allowed on or around the island. No diving or jumping off the stump behind the island.
11. No swimming near the spillway. No diving from the spillway.
12. Guests must comply with the decisions or directions of Crystal Falls Association employees & Lake
13. Any complaints about the operation of the Lake should be sent via email immediately to property owner.
..................................... cut and return bottom half to CFA.............................................
Lake Contract Signatures for 2016
Please keep the contract rules and policies for your reference. Return the completed signature form prior to check in.
I have read completely, and understand the above policies, rules, and regulations for Crystal Falls Lake. I agree to the terms set forth in this contract. I understand that the cardholder or parent is responsible for the conduct of all persons using the card, and that failure to follow the rules by anyone using this card can result in the suspension or loss of Lake Privileges, and invalidation of the card key.
Please list the names of all family members who will be using the key card, and the ages of the children. Children 14 or over need to include their signatures.
HOA - RELEASE OF LIABILITY, WAIVER OF CLAIMS, INDEMNIFICATION, AND ARBITRATION AGREEMENT
Notice By signing this document you may be waiving certain legal rights, including the right to sue. Release and Waiver of Claims; Indemnification Agreement
In consideration of being allowed to use the facilities and participate in programs and events (Programs) at Crystal Falls Association/Ranch HOA (the Host) , the Participant, and the Participants parent(s) or legal guardian(s) if the Participant is a minor, do hereby agree, to the fullest extent permitted by law, as follows:
1) TO WAIVE ALL CLAIMS that they have or may have against the Host arising out of the Participants participation in the Programs or the use of any equipment provided by the Host (Equipment). The Participant and his/her Parents or legal guardian(s) specifically understand that they are releasing any and all claims that arise or may arise from any negligent acts or conduct of the Host, its owners, affiliates, operators, employees, agents, and officers, to the fullest extent permitted by law. However, nothing in this Agreement shall be construed as a release for conduct that is found to constitute gross negligence or intentional conduct;
2) TO ASSUME ALL RISKS of participating in the Programs and using the Equipment, even those caused by the negligent acts or conduct of the Host, its owners, affiliates, operators, employees, agents, and officers. The Participant and his/her Parents or legal guardian(s) understand that there are inherent risks of participating in the Programs and using the Equipment, which may be both foreseen and unforeseen and include serious physical injury and death;
3) TO RELEASE the Host, its owners, affiliates, operators, employees, agents, and officers from all liability for any loss, damage, injury, death, or expense that the Participant (or his/her next of kin) may suffer, arising out of his/her participation in the Programs and use of the Equipment, including while receiving instruction and/or training; and
4) TO INDEMNIFY the Host, its owners, affiliates, operators, employees, agents, and/or officers, from all liability for any loss, damage, injury, death, or expense that the Participant (or his/her next of kin) may suffer, arising out of participation in Programs and use of the Equipment.
The Participant, and the Participants parent(s) or legal guardian(s), if Participant is a minor, hereby agrees to submit any dispute arising from participation in the Programs, for which Participant intends to seek damages in excess of $(PHONE NUMBER HIDDEN), to binding arbitration. Submission shall be unlimited. For such disputes, there shall be a three-member arbitration panel, consisting of two party-appointed arbitrators (one arbitrator to be appointed by each party) and one neutral arbitrator (collectively, the Panel), to be chosen by the party-appointed arbitrators. The neutral arbitrator shall be an officer or director of any entity that operates a Home owners Association in the United States. In the event that the two party-appointed arbitrators are not able to agree on a third, neutral arbitrator, the neutral arbitrator shall be appointed by the United States District Court, for the State of California, utilizing the selection criteria for the neutral as set forth above. Each party shall pay its own costs, including the costs associated with the party- appointed arbitrators, and the parties shall share equally the costs associated with the neutral arbitrator. The arbitration proceeding shall proceed in the county and state in which the Programs occurred and shall be governed by the Federal Rules of Evidence. The Panel shall establish a reasonable and appropriate discovery schedule to expeditiously resolve this matter. In the event that Participant, or the Participants parent(s) or legal guardian(s), if Participant is a minor, files a lawsuit in any court relating to, and/or arising from, Participants participation in the
Programs, Participant and/or Participants parent(s) or legal guardian(s), by signing this document, stipulate to a cap on Participants damages of $(PHONE NUMBER HIDDEN), exclusive of interest and costs. As a threshold matter, the Panel, or the Court (if a lawsuit is filed), shall confirm whether the Waiver and Release contained in this Agreement are enforceable under applicable law.
Participant hereby grants to the Host, its representatives, and employees the right to take photographs and video of Participant in connection with Participants participation in the Programs. Participant hereby authorizes the Host to copyright, use, and publish the same in print and/or electronically. Participant hereby agrees that the Host may use such photographs and video of Participant for any lawful purpose, including but not limited to publicity, illustration, advertising, and Web content.
The Participant certifies that he/she has no physical or mental condition that precludes him/her from participating in the Programs and that he/she is not participating against medical advice.
If helmets are recommended for use while participating in the Programs, and Participant chooses not to wear a helmet, he/she does so at his/her own risk and accepts full responsibility for any injury that results.
The Participant understands that his/her participation in the Programs is voluntary and further understands that he/she has the opportunity to inspect the Hosts equipment and location before any participation.
The Participant understands that he/she is obligated to follow the rules of the Programs and that he/she can minimize his/her risk of injury by doing so and through the exercise of common sense and by being aware of his/her surroundings.
If, while participating in the Programs, the Participant observes any unusual hazard, which he/she believes jeopardizes his/her personal safety or that of others, he/she will remove himself/herself from participation in the Programs and immediately bring said hazard to the attention of the Host.
I hereby agree that I will explain to my child that the risk of injury while participating in the Programs can be reduced by following the rules and through the use of common sense and good judgment.
To the extent that any portion of this Agreement is deemed to be invalid under the law of the applicable jurisdiction, the remaining portions of the Agreement shall remain binding and available for use by the Host and its counsel in any proceeding.