Kenect Nashville- MTR Rental Agreement

NOTE: All guests making reservations are required to accept the terms and conditions of this short-term rental agreement (the “Agreement”). This is a legal document and may affect your legal rights and remedies. Please read it carefully.

AGREEMENT TO BE BOUND. This Agreement defines our terms and conditions. By booking a Suite from Kenect, y ou’re agreeing to: (a) accept the terms and conditions of this Agreement; (b) follow the rules; and (c) accept the consequences described in this Agreement if you break the rules. This agreement is personal to you and may not be transferred or assigned to any other person(s).

TERM OF AGREEMENT. This Agreement takes effect when you make your reservation, continues through 3:00 p.m. local time on your check-in date, and expires upon relinquishment of the Suite. Early check-ins and late check-outs must be authorized in writing by a representative of Kenect.

NOTE: This agreement is not a Lease or Residential Tenancy Agreement, nor does it convey any property, legal, or beneficial rights or interest in real estate to you. You are not a tenant of the Suite. You have not been granted exclusive possession of the Suite.

BOOKING REQUESTS AND CONFIRMATION. The Reservation which you have accepted is not a booking confirmation. You will receive a Confirmation of your Request followed shortly after by a Confirmation of Booking. Kenect is not obliged to make the Suite available, nor is a binding contract in place, until such time as the Confirmation of Booking has been sent to you by email or text message (message and data rates may apply).

FALSIFIED RESERVATION. If you make your Request of Reservation fraudulently, or through misrepresentation of fact, your Reservation will be canceled, and you’ll lose any payments made. You agree that Kenect will not be liable for any injury or damage to property or people that results from such a Reservation.

REQUIRED PAYMENT. All charges are due in full upon time of confirmation of booking.

CANCELLATION. Cancellations are subject to Kenect’s rules.

For reservation lengths of 30 days or longer the following rules apply:

Within 24 hours of booking → We issue a full refund.

More than 30 days before check-in → We issue a full refund.

30 or fewer days before check-in → You are responsible for the 50% of the first 30 days of your booked reservation.

15 or fewer days before check-in →You are responsible for 100% the first 30 days of your reservation.

During the stay, with over 30 nights remaining → You are responsible for the cost of the next 30 nights. You will be refunded for any remaining nights after 30.

During the stay, with 30 or fewer nights remaining → You are responsible for the remaining nights in your stay.
Exceptions can be made to the above rules. If an exception is agreed upon Kenect will provide this in writing.

NOTE: Except in extenuating circumstances, Kenect is not entitled to cancel a booking once a Confirmation of Booking has been sent. In these circumstances, Kenect will contact you to try to arrange for alternative accommodations. In the event that Kenect is unable to assist in finding alternative accommodations, Kenect will provide a full refund of any payments made by you.

ADHERENCE TO RULES. It is a condition of booking that both parties adhere to the rules set forth in this agreement. Any failure by you to comply with the rules will permit Kenect to terminate this Agreement without liability, and without prejudice to any other rights and remedies pursuant to this Agreement.

USE OF PROPERTY. Subject to your compliance with applicable laws, rule, regulations and any Property-specific rules and regulations, you are granted a limited, exclusive, revocable, non-transferable license to occupy the specific unit at the specific Property for the duration of your booking for personal use only.

Information on the check-in and check-out procedure and access to the accommodation will be provided separately.

You and your guests may use the specific Property’s amenities made available for common use of residents at the Property. Notwithstanding the foregoing, use of such amenities may be limited, revoked or suspended from time to time. You and your guests agree to comply with all rules and regulations applicable to such amenities and shall be responsible for any and all damage resulting to such amenities caused, directly or indirectly, by your or your guests’ use. ANY USE OF SUCH AMENITIES IS AT YOUR AND YOUR GUESTS’ OWN RISK AND YOU AND YOUR GUESTS RELEASE, DISCHARGE, AND COVENANT NOT TO SUE ANY TUCKER ENTITIES IN CONNECTION WITH ANY USE OF SUCH AMENITIES. YOU AGREE THAT, AT OUR REQUEST AT ANY TIME, YOU AND/OR YOUR GUESTS WILL EXECUTE AND DELIVER A COMMERCIALLY REASONABLE FORM OF WAIVER AND RELEASE TO CONFIRM THE WAIVER AND RELEASE SET FORTH HEREIN AND THAT YOUR AND/OR YOUR GUESTS’ USE OF THE AMENITIES MAY BE CONDITIONED ON YOUR AND/OR YOUR GUESTS’ EXECUTION AND DELIVERY OF SUCH WAIVER AND RELEASE.

You agree to maintain the condition of your booked unit in the same condition as when you arrived, including, but not limited to, all furniture, decorations, upholstery, appliances or other fixtures in the booked unit. You shall be responsible for any and all damage resulting to such portions of the booked unit caused as a, direct or indirect, result of your or your guests’ use of the unit. If we reasonably believe that you or your guests have damaged a portion of the booked Property, we will provide you with notice and evidence of such damage. After a reasonable period from such notice, you acknowledge and agree that we may charge your on file payment method for the full cost of such damage, including, but not limited to, any lost revenue incurred as a result of such damage.

During the duration of your booking, we reserve the right to enter your reserved unit as reasonably necessary to ensure the safety of the Property is maintained, or as otherwise authorized by you.

During the duration of your booking, you are responsible for the conduct of all persons staying, or visiting on your behalf, at the Property and shall ensure that they comply with these terms and conditions. In particular you and your guests must not:

Bring any potentially dangerous or hazardous materials or equipment onto the premises; Tamper with any smoke detectors, carbon monoxide detectors, fire alarms, emergency equipment, or other similar safety features of the specific Property; Remove, damage or destroy any property of the specific Property; Cause unreasonable disturbance to our other guests or tenants of the Property; Fail to return your keys at the end of your stay as we may have to replace the corresponding

We are not responsible for any of your or your guests’ property or personal items during the term of your booking or that which you may leave in the booked unit after your booking has expired or terminated. All personal items must be removed from the booked unit at the expiration or termination of your booking. You may be responsible for the costs of removing, storing or disposing of any personal items you or your guests may leave at the booked unit.

CREDIT CARD AUTHORIZATION. When booking one of our Suites, you’ll need to provide Kenect with a valid credit card number as a guarantee of payment. You agree to pay the rate, taxes, and any fees associated with the Suite. You also agree, upon request, to submit a credit card authorization form for proving ownership of the payment method provided; failure to provide such information may result in a cancellation of your reservation. You also agree to pay the cost of any damage, destruction, or loss to the Suite or its contents and pay any fees, costs, and expenses (including lawyers’ fees and disbursements) incurred by Kenect as a result of your failure to vacate the Suite on a timely basis at the end of your reservation.

OCCUPANCY LIMITS. Please respect the occupancy limits listed below, unless otherwise noted:

Studio & One-bedroom Suites: 2 persons

CRIMINAL BACKGROUND SCREENING. You acknowledge and agree that we may perform background checks prior to approving a reservation. Kenect reserves the right to cancel a reservation if the screening shows any information that we, at our sole discretion, feel would increase the risk of damage or danger to our Suites or our neighbors. We also reserve the right to share your name, Suite reserved, and arrival/departure dates with the property owner and their staff. If cancellation occurs as a result of your background screen, you will be entitled to a full refund.

CHECK-OUT. The check-out time at the Suite is 10:00 am local time. Unless Kenect has exclusively agreed to a later check-out in writing, you are required to leave at the agreed time.  In the event you stay longer than 11:00 am, you are responsible for a full day’s rate.

PETS. Kenect is pet friendly and all guests are required to pay a non-refundable pet fee of $300, per stay. Pets must be registered before check-in. Pets must be up to date on all required vaccinations as per veterinarian and state code. Pets are required to be on a leash when outside of Suite. Please use dog park for relief and pick up dog waste. If you plan on traveling with a service or emotional support animal, Kenect will make reasonable efforts to accommodate your needs, as required by law.

SMOKING. Smoking or vaping of any substance, legal or otherwise, is prohibited in your Suite, on balconies, and in the property’s common areas, unless otherwise noted.

If evidence of smoking is found, a $500 fine will be assessed.

EXCESSIVE NOISE. Kenect is committed to respecting our neighbors and to promoting a peaceful experience for our guests. You agree to refrain from any activities that would disrupt the peace of neighbors. You agree to comply with the property’s rules, including quiet hours 10pm – 7 am, and to all local noise regulations. We may use technology, such as NoiseAware, to monitor volume levels in the Rental Unit. NoiseAware is a device that monitors decibel levels and cannot record conversations or noise events. If law enforcement, building staff, or Kenect personnel are called because of the actions of you or your party, it’s at your sole risk and expense, and it may result in additional charges and/or immediate eviction without a refund of any unused nights.

SAFETY. You have primary responsibility for your own safety and for the safety of anyone you allow in, on, or around the Suite during your stay. You must read any fire or health and safety rules and regulations which are provided to you and listen to any instructions or explanations which are provided. It is your responsibility to bring any concerns regarding the Suite to the attention of Kenect and to ask any questions that you may have if you do not understand any of the guidance or instructions provided.

PROHIBITED CONDUCT. You, other occupants of the Suite, and any guests, invited or otherwise, agree not to break the law or engage in activities that may disturb or threaten the rights, comfort, health, safety, or convenience of others, including Kenect employees, building staff, building residents, or other Kenect guests.

PROPERTY DAMAGE. If there’s damage to your Suite, you agree to report it to Kenect immediately by calling us at (646) 661-4222. If you do not notify Kenect of any damage upon arrival, you will be fully responsible for such damage on a full replacement cost basis. Any damage to the Suite or the property by you or your party will be charged to your credit card. Broken or missing items will be included in these charges. You agree to be held liable for damage to your Suite and its contents that occurs during your stay, excluding normal wear and tear. If your actions or the actions of your party causes the Suite to become uninhabitable, you agree to pay the cost of the repair and the posted nightly rate until the Suite becomes habitable again.

Absolutely no glass is allowed in the pool area. A $100 fine will be assessed if found with glass at the pool. Should glass break in the pool area, guest is responsible for drainage, cleaning and any refunds given to other guests for pool closure.

INDEMNIFICATION. You agree to indemnify, defend and hold harmless Kenect and its directors, shareholders, officers, employees, and agents from and against any damages, claims, costs (including reasonable attorneys’ fees and costs) and liabilities, whether for personal injury, property damage, or otherwise, arising (a) in relation to this Agreement or a breach thereof, or (b) from any act or omission of you, Suite occupants or any of your invitees, provided that your indemnity obligations shall not extend to any situation caused by the negligent or willful acts of Kenect.

ENTIRE AGREEMENT. You agree that you have the full power and authority to enter into this Agreement. We both agree that this Agreement contains our entire understanding with respect to your booking with Kenect and supersedes any other agreement between us, whether written or oral. Neither one of us can change or amend this Agreement without the other’s written consent.

FORCE MAJEURE. Kenect will not be liable to you or be deemed to be in breach of this Agreement by reason of any delay in performing, or any failure to perform, any of its obligations, if the delay or failure was due to any cause beyond its reasonable control such as severe weather, power or other utility cut-off, burglary, natural disaster, strikes, governmental action, terrorism, Acts of God, or other similar events of “force majeure.”

GOVERNING LAW AND VENUE. This Agreement shall be governed by the laws of the state of Delaware without regard to its principles of conflicts of laws. We both agree that the sole venue for any mediation or judicial action related to this Agreement shall be in Newcastle County, Delaware. We both consent to personal jurisdiction of the courts in Wilmington, Delaware.

ADDITIONAL FEE SCHEDULE  (all charges in $USD, unless otherwise noted)

Unauthorized Late Check-out – 100% of the nightly rate of any impacted nights

Smoking/Candles – If evidence of smoking is found, a $500 fine will be assessed.

Excessive Cleaning – Up to $125 per hour of additional cleaning needed

Damaged or Missing Items from Suite – Depends on Cost of Item

Missing Keys/Fobs/Remotes or Passes $100 fee

Lock Outs: $75 clarify

Missing Parking Pass: $75/month. Must be processed through Metropolis (our parking partner)

Glass at pool: $100 fine for glass in the pool area should glass break in the pool area, guest is responsible for drainage, cleaning and any refunds given to other guests for pool closure.

Forgotten Personal Belongings – Cost of Postage to Return