VACATION RENTAL TERMS &
CONDITIONS
Property Name: Thekendallcollective.com, @snowloft (Beaver Creek Property)
Management: Kendall Collective
Max Occupancy: 12 Individuals (Strict)
Address: 50 Scott Hill Road, Beaver Creek, Colorado 81620
Please read these Terms & Conditions carefully. By checking the "I agree to the Terms and
Conditions" box and completing your digital booking checkout, you ("Tenant" or "Guest") enter
into a legally binding contractual agreement with Kendall Collective ("Management Company"),
acting as the authorized operational representative of the Property Owner.
1. TRANSIENT LODGING LICENSE & OCCUPANCY
● Transient Lodging License Only (No Tenancy Created): It is expressly understood,
acknowledged, and agreed by the Guest that this Agreement does not create a
landlord-tenant relationship, a leasehold interest, or any permanent or semi-permanent
residential tenancy under Colorado Revised Statutes. This Agreement constitutes a
revocable, non-transferable, short-term transient lodging license for holiday, vacation, or
temporary business purposes only, pursuant to local municipal guidelines governing
short-term rentals (stays of less than 30 consecutive days).
● Holdover & Trespass: The Guest acknowledges that they are a transient guest,
maintaining a permanent primary residence elsewhere, and have no right to recurring
usage or renewal of the Property. In the event the Guest holds over past the designated
check-out date and time specified in their booking summary, the Guest shall be deemed a
trespasser under Colorado law. The Management Company, acting as the authorized
agent of the Owner, reserves the immediate right to remove the Guest and their personal
property from the premises without utilizing judicial eviction proceedings, and may contact
local law enforcement to assist in immediate removal.
● Maximum Occupancy: The total number of guests allowed on the property at any given
time is strictly limited to 12 individuals.
● Check-In Time: 4:00 PM on the scheduled arrival date.
● Check-Out Time: 10:00 AM on the scheduled departure date.
2. FEES, PAYMENTS, & STRICT CANCELLATION
POLICY
● Total Pricing Acknowledgment: Pursuant to Colorado consumer transparency laws, all
non-avoidable fees, cleaning costs, and local lodging/sales taxes have been disclosed
clearly and conspicuously to the Guest prior to execution within the digital booking
checkout process. No unadvertised, hidden, or non-disclosed mandatory fees will be
added post-booking. You agree to pay the Base Rental Amount, Security Deposit, and
Cleaning Fees according to the payment schedule established at check-out.

● Strict Non-Refundable Clause: All payments made under this Agreement are strictly
non-refundable except as explicitly provided otherwise in writing by the Management
Company. Guests are strongly encouraged to purchase independent travel insurance to
protect against unexpected trip cancellations or disruptions due to health, weather, or
transportation challenges.
3. PROPERTY RULES & USER COMPLIANCE
The Guest agrees to strictly adhere to all local county and municipal ordinances, Homeowners
Association (HOA) covenants, and specific regulations governing the Short-Term Rental Permit
for this Property.
CRITICAL HOUSE RULES & PROHIBITIONS:
● Smoking Policy: This is a strictly non-smoking property. Smoking of any kind inside or on
the immediate premises will result in immediate forfeiture of the security deposit and
potential eviction.
● Pets Strict Prohibition: Pets are strictly prohibited under all circumstances by the
management company and the property Homeowners Association (HOA). Absolutely no
animals are allowed on the premises at any time. Any violation will result in immediate
eviction without refund and full forfeiture of the security deposit.
● Parking Policy: 1 enclosed parking garage space is provided. Second parking spaces
are strictly not allowed.
● Equipment Restrictions: No ski, snowboard, or recreational equipment is allowed inside
the unit at any time.
● Quiet Hours: Local neighborhood quiet hours must be strictly observed and enforced
between 10:00 PM and 7:00 AM.
4. WILDLIFE REGULATIONS & PASS-THROUGH FINES
● Wildlife & Environmental Safety: The Guest acknowledges that the Property is located
in an alpine area subject to wildlife protection ordinances. All refuse and trash must be
placed securely inside the designated bear-proof containers. Leaving trash bags outside
or unsecured is a strict violation of local law.
● Pass-Through Liabilities: In the event that the Guest, or any invitee of the Guest,
violates local ordinances, quiet hours, parking restrictions, or wildlife regulations resulting
in a warning, citation, or monetary fine issued by municipal authorities, law enforcement,
or the HOA to the Owner or Management Company, the Guest shall be solely responsible
for the cost of said fine. The Management Company is hereby authorized to immediately
charge the credit card on file for the full amount of the municipal or HOA fine, plus a 2%
administrative processing fee as permitted by Colorado HB25-1090, or deduct the exact
cost from the Security Deposit.
5. SECURITY DEPOSIT, DAMAGE PROTECTION, &
COMPLIANCE DEDUCTIONS

Pursuant to Colorado consumer protection and housing regulations (including C.R.S.
38-12-103, H.B. 25-1249, and H.B. 25-1090), the allocation and retention of the Security
Deposit and non-refundable Property Damage Protection (PDP) Fee are strictly bound by the
following transparent guidelines:
● Purpose: The Security Deposit serves as security for the Guest's full performance of this
Agreement, limited to actual property damage exceeding normal wear and tear, unpaid
utility pass-throughs, contractual holdover fees, and municipal or HOA fines incurred
during the stay.
● Restriction on Standardized Deductions: Pursuant to Colorado H.B. 25-1249, no
portion of the Security Deposit shall be retained for "normal wear and tear" (defined as
deterioration, damage, or uncleanliness occurring from intended use without negligence,
carelessness, accident, or abuse). No standardized, flat-rate, or automatic move-out fees
(e.g., mandatory carpet cleaning or touch-up paint fees) will be applied. No deductions
shall be made for any defective condition or property damage that preexisted the tenancy.
● Incurred Costs & Documentation: The Management Company shall only deduct
reasonable, actual amounts from the Security Deposit for necessary repair work or
cleaning that renders the unit substantially less clean than it was at move-in. The
Management Company must actually incur these costs; deductions based solely on
unexecuted third-party bids or speculative future estimates are prohibited.
● Mandatory Disclosures & Photographic Proof: Within thirty (30) days following the
termination of this transient lodging license or surrender of the premises, the Management
Company will return the remaining balance of the Security Deposit via electronic transfer
or check, accompanied by an itemized written statement detailing the exact reasons for
any retention. The Management Company will provide all supporting documentation in its
possession—including timestamped move-in/move-out photographs, signed inspection
reports, and copies of actual receipts, invoices, or statements of paid expenses.
● Pre-Move-Out Inspection: Upon the Guest's or Management Company’s request, a joint
walk-through inspection to identify any potential damages beyond normal wear and tear
must be conducted, if reasonably practicable, either in person or via a
telecommunication-assisted virtual video walk-through, prior to check-out and after the
Guest's personal belongings have been packed.
● Bad-Faith Penalties: The parameters of this clause are structured to strictly comply with
C.R.S. 38-12-103. If the Management Company retains an amount that is determined to
be 125% or greater than the actual damages incurred, or retains funds without actual
cause, such retention may be subject to statutory bad-faith penalties. The Guest agrees
to provide the Management Company with at least seven (7) days' prior written notice of
any deposit dispute before initiating legal proceedings, allowing a mandatory opportunity
to cure.
6. ABSOLUTE LIABILITY EXCLUSION & TENANT
INDEMNIFICATION
● Owner/Landlord Non-Liability: The Owner/Landlord of the property shall have absolute
zero liability under this agreement. The Tenant explicitly acknowledges and agrees that
the property Owner/Landlord is completely insulated from any and all claims, actions,
suits, or demands arising out of this rental agreement or the tenancy.
● Accidents, Injuries, & Property Loss: Neither the property Owner/Landlord nor Kendall
Collective shall be held liable for any accidents, injuries, illnesses, or death that occur to
the Tenant, their registered guests, or invitees while on the premises or utilizing complex
amenities. Neither the Owner/Landlord nor Kendall Collective is responsible for the loss,
theft, or damage of personal belongings, valuables, or vehicles of the guest.
● Tenant Indemnification: Tenant agrees to fully indemnify, defend, and hold harmless the
property Owner/Landlord and Kendall Collective from and against any and all liability,
claims, damages, costs, or expenses (including reasonable attorney fees) arising from the
Tenant’s use or occupancy of the property, or from any breach of this agreement by the
Tenant or their guests.
● Mountain Conditions/Travel: Neither the Owner/Landlord nor Kendall Collective is
responsible for alpine/ski conditions, weather events, local road closures, hours of
operation on the mountain (including ski lift hours and operations), ski lesson availability,
Airport Delays or closures or anything else operated and controlled by the resort or
mountain management.
7. GOVERNING LAW & VENUE
This Agreement shall be governed by, construed, and enforced in accordance with the laws of
the State of Colorado. The parties agree that the exclusive venue for any legal proceedings or
disputes arising under or in connection with this agreement shall be in Eagle County, Colorado.

Digital Signature Checkbox & Click-Wrap Consent:
I represent and warrant that I am at least twenty-five (25) years of age and possess the legal
authority to enter into this agreement. By clicking "I agree to the Terms and Conditions", I
explicitly acknowledge that I have read, understood, and agree to be contractually bound by all
the provisions, house rules, Colorado legal disclosures, liability exclusions, and pass-through
fine structures outlined above. I hereby authorize Kendall Collective to charge my credit card on
file for all rental amounts, applicable local taxes, municipal or HOA infraction fines, and
validated property damage items as authorized.