Mayumi Rental and Services Agreement

This Rental and Services Agreement (“Agreement”) is entered by and between Mayumi (“Landlord” or “Mayumi”) and ___________________________ (“Guest” or “You”) on __________________ (Date).  Landlord and Guest may collectively be referred to as the “Parties.” This Lease creates joint and several liabilities in the case of multiple Guests. This Agreement is a counterpart to the Mayumi Guest Agreement, and cannot be entered into as a standalone Agreement without reference to the Guest Agreement. The Parties agree as follows:

OCCUPANCY AND USE

Assigned Unit and Facility

Landlord hereby leases the unit  AUTO INSERT UNIT NUMBER BY FRONTDESK (“Assigned Unit”) within the Facility located at 5630 Sawtelle Blvd, Culver City, CA 90232 (the “Facility”) to Guest. Subject to the terms and conditions of this Agreement, and your prior acceptance of the entire Mayumi Guest Agreement, we grant you the right during the Term below to access and use the Assigned Unit and Facility as part of your Guest with Mayumi.

You shall use the Assigned Unit solely for residential purposes and shall not, and shall not permit any other person to, use the Assigned Unit for any other purpose. You agree to access and use only the Assigned Unit, and not to permit any use of or access to the Assigned Unit, for either long-term or short-term use, by any other person except in accordance with this Agreement and any other policies provided by Mayumi.

Guest will have access to their Assigned Unit at all times during the Term, except as limited by law in cases of default. Landlord reserves the right to close and keep locked all entrance doors of the Facility, and to the common areas, during such hours as the Landlord deems advisable for the safety and protection of the building and its occupants. Guest shall not prop open any locked doors.

Guests

Only individuals who are Guests of Mayumi may enter into a Rental and Services Agreement at the Facility. There may only be one Guest per Assigned Unit. Only the individual named in this Agreement will be entitled to the benefits described in this Agreement. Subject to compliance with the terms and conditions of this Agreement, the Guest will be able to receive the Services and Amenities, including access to the Assigned Unit, on the later of

1. the Start Date or

2. the date Mayumi approves and confirms the addition of such individual as a Guest and receives all necessary paperwork and payment from the new Guest.

Age Requirements

The Guest in the Assigned Unit must be twenty one (21) years of age or older. No individuals under the age of majority in the applicable jurisdiction shall be entitled to receive any Services, except as a temporary visitor or guest.

Term

The Initial Term of the Agreement shall be a minimum of 60 days, which will commence at 3:00PM on AUTO INSERT START DATE and shall continue as a lease for term ending on 11:00AM on AUTO INSERT TERMINATION DATE. Following the Initial Term, this Agreement shall continue on a month-to-month basis (any term after the Initial Term, a “Renewal Term”). The Initial Term and all subsequent Renewal Terms shall constitute the “Term”. Upon termination, Guest shall be required to vacate both the Assigned Unit and the Facility unless one of the following circumstances occur:

1. Landlord and Guest formally extend this Agreement in writing or execute a new, written Agreement; or

2. Landlord willingly accepts new rent from Guest, which does not constitute past due rent.

In the event that Landlord accepts rent (not past due) from Guest after the termination date, a month-to-month tenancy shall be in effect. Rent shall continue at the rate specified in this Agreement. All other terms and conditions as outlined in this Agreement shall remain in full force and effect.

SERVICES

As part of Guest at Mayumi, you will receive Services and have access to Amenities during your stay at the Facility. Subject to the terms and conditions of this Agreement, Mayumi will use commercially reasonable efforts to provide you with the Services and Amenities described below during the Term. These Services and Amenities are referred to collectively in this Agreement as the “Services”. In addition to Mayumi, Services may be modified or reduced by any of its affiliates or authorized third parties, with prior notice provided to you. Services include:

• Regular maintenance and housekeeping service of the Assigned Unit and Facility, including weekly linen service (sheets, towels, blankets) and cleaning of the entire Unit once per week.

• Furnishings for the Assigned Unit and Facility of the quality and in the quantity typically provided to other Guests in the same Facility in a similar Unit.

• Use of wireless internet secured network.

• Use of DirecTV cable service.

• Use of facility common spaces and areas, including kitchen, interior or exterior lounges, recreational facilities.

• Participation in designated community events at the Facility. (Note: Some events may require additional payment for participation.)

Conditions For Services Disqualification

A Guest will no longer receive the Services upon the following:

1. the natural termination or expiration of this Agreement;

2. if such Guest violated this Agreement, the Guest Agreement, or the Rental Agreement. (For clarity, termination or expiration of this Agreement will terminate the Guest’s ability to receive the Services at the Assigned Unit and across the Facility).

TERMINATION

Termination

To terminate this Agreement, a Guest must deliver written notice one month in advance of move-out date to terminate this Agreement, and Guest must complete the Vacate Procedures (detailed below) upon termination. Time is of the essence for providing Notice of Termination (strict compliance with dates by which notice must be provided is required). If the Guest does not provide the Landlord with written 30-day notice, they may forfeit fees and retainers paid as part of their Agreements. If the Guest plans to leave on or after the first of any month, they are responsible for that month’s full rent. If a Guest terminates this Agreement prior to the end of the Initial Term without appropriate notice, or vacates the Assigned Unit without submitting a written notice of intent to vacate, Guest may forfeit all or part of the fees associated with Guest and Services at the Assigned Unit and Facility.

Vacate Procedures

All Guests must vacate the Assigned Unit and Facility, return all keys or cards, vacate the space, and complete any other steps required by us (collectively, the “Vacate Procedures”) on or before 11:00 A.M. on the last day of the Term. If Guest does not carry out and complete the Vacate Procedures by 11:00 A.M. on the last day of the termination month, Guest will be charged the equivalent daily rate of the Unit for any 24-hour period beyond this time.

The Guest will be responsible for all costs and direct or indirect damages suffered by us in connection with such Guest’s failure to vacate by the termination date, including the cost of accommodations for each person who would otherwise have occupied the Assigned Unit and all legal and other expenses incurred by us in connection with removing any Guest or their guests, visitors or invitees from the Assigned Unit, whether discovered during or after the Term.

Termination or Suspension by Us

We may terminate this Agreement, and therefore revoke your right to use and access any Unit or Facility, as permitted by law:

1. Upon breach of this Agreement by you (including your payment obligations) that remains uncured following our written notice to you, which may be communicated via U.S. mail or in-person delivery, with copies via email;

2. Upon failure to comply with the terms and conditions of this Agreement, the Guest Agreement, or any other policies or instructions provided by us, which failure remains uncured following our notice to you, which may be communicated in writing; or

3. At the end of the Initial Term upon one (1) month prior notice to you. You will remain liable for past due amounts, and we may exercise our rights to collect due payment, despite termination or expiration of this Agreement.

Incomplete Termination

If you enter into this Agreement but never occupy a Unit, or you vacate the Assigned Unit without submitting a written notice of intent to vacate, your obligations under this Agreement will remain effective, and you will continue to be responsible for all charges due under or as a consequence of this Agreement until this Agreement is effectively terminated by us or otherwise in accordance with the terms and conditions herein.

Removal of Property At Termination

Upon the termination or expiration of this Agreement, you will remove all of your and your guests’ or visitors’ property from the Assigned Unit and the Facility. After providing you with reasonable notice, we will be entitled to remove any property remaining in any Unit or Facility after the termination or expiration of this Agreement, as permitted by law. Guest will be responsible for paying any costs reasonably incurred by us regarding such removal and storage. Following the termination or expiration of this Agreement, we will not forward or hold mail or other packages delivered to us. When you vacate the Assigned Unit or Facility, you shall leave the Assigned Unit and Facility in the same condition it was in when you commenced your Guest, ordinary wear and tear excepted. We will assess cleaning, repair, and disposal charges to you. Charges for damage to any public areas or furnishings in a Facility may be assessed, in our sole discretion, against any or all of those assigned to the Facility.

PAYMENTS AND FEES

Rent

Guest agrees to pay the monthly rate of two thousand nine hundred dollars ($2,900) as base rent for the Assigned Unit in advance on the 1st day of each month. If the Initial Term does not start on the 1st day of the month, rent will be prorated accordingly. Utilities are included in the base rent: electricity, water, gas, sewer and waste disposal.

Service Deposit

Guest agrees to pay a one time Services Deposit of three thousand dollars ($3,000) upon acceptance of this Agreement. The Service Deposit, or any balance remaining after deducting outstanding fees and other costs due to us, will be returned to the Guest, with an itemized statement of deductions, within twenty one (21) days after the Guest has surrendered the Assigned Unit to the landlord (that is, returned the keys and vacated the property). In the event you owe us other fees, you may not rely on deducting them from the Service Deposit, but must pay them separately.

Amenity Fee

The Amenity Fee is a required, non-refundable monthly fee of one hundred dollars $100 that covers the tangible and intangible benefits associated with living at the Facility. The Amenity Fee is due on the 1st of the month, along with the base rent. Upon submitting a signed and completed Rent and Services Agreement, we will process the first payment of the monthly Amenity Fee (“Amenity Fee”) for the Assigned Unit.

Form of Payment

We accept payment of all amounts specified in this Agreement solely by direct withdrawal from your bank account or by debit or credit card. If you elect to pay via direct withdrawal, you are responsible to maintain sufficient money in your bank account to pay the fees described in this Agreement and to inform us promptly of any changes to the account. If you elect to pay via credit card, a 3% transaction fee will be added. You are required to inform us promptly of any changes to your credit card information and must ensure that you replace such credit card and update the relevant information prior to its expiration date.

Only a single checking, savings or credit card account may be used at any given time to make payments under this Agreement. If payment via credit card fails on two occasions, we may require you to make payments via direct withdrawal. Changes to your payment method will not be accepted in the last fifteen (15) calendar days of the calendar month. You further acknowledge and agree that Mayumi has the right to perform credit checks on potential Guests as part of its determination of eligibility for rental capabilities, access to Services, and Guest, and/or occasionally from time to time during the Term in our reasonable discretion, and by entering into this Agreement, you hereby consent to such credit checks.

Cancellation Policy

This Agreement may be cancelled by the Guest prior to the Start Date by providing us with one (1) full calendar month prior written notice of the intent to cancel the Agreement (“Cancellation Notice”). The Cancellation Policy is as follows:

1. if the Cancellation Notice is received by us at least one (1) full calendar month prior to the Start Date, we will refund the entire amount of the Rent, the Service Deposit, and the Amenity Fee.

2. if the Cancellation Notice is received by us less than one (1) full calendar month before the Start Date, we will refund fifty percent (50%) of the Rent, the Service Deposit, and the Amenity Fee.

3. If the Cancellation Notice is received by us less than one (1) week before the Start Date, no refunds will be issued.

Late Charges

Rent and monthly fees are due on the 1st of each month.  If any or all of the rent is not received by the 3rd of the month, 5% will be charged as late fee.  If the full amount of rent and any applicable fees is not received by the 10th of the month, the Guest will be considered in breach of the Agreement and Mayumi will initiate proceedings to collect any amounts owed and may act to remove the Guest.

When we receive funds from you, we will first apply the funds to any balances that are in arrears and to the earliest period due. Once past balances are satisfied, any remaining portion of funds received will be applied to current fees due. If any payments remain outstanding after we provide notice to you, we may withhold Services or terminate this Agreement.

DEFAULTS

If Guest fails to perform or fulfill any obligation under this Agreement, Guest shall be in default. Guest shall have 3 days from the date of any notice by Landlord to cure the default. In the event Guest does not cure a default, Landlord may select to:

a) Cure such default and the cost of such action may be added to Guest’s financial obligations under this Agreement; or

b) Declare Guest in default of the Agreement; and

c) Report any default past 60 days to the credit bureaus

In the event of default, Mayumi may also, as permitted by law, re-enter the Assigned Unit and re-take possession of the Unit. Mayumi may, at its

option, hold Guest liable for rent and fees that would have been payable under this Agreement during the balance of the unexpired term.

CONDITION OF UNIT AND FACILITY

You shall maintain the Assigned Unit in a clean, safe, and undamaged condition at all times. You shall not alter any Unit or Facility or any furnishings in any Unit or Facility in any way without our prior written consent.

Our Reserved Rights

Mayumi reserves the right to have our agents and employees enter the Assigned Unit, at a reasonable hour of the day, without prior notice for the purpose of emergencies related to health or safety concerns, and pursuant to at least one (1) calendar day prior written notice to enter the Unit for any repairs, performing maintenance services, cleaning, repairs, or other reasonable inspections, or to tour the Assigned Unit with potential new Guests. We may temporarily move furniture contained in the Assigned Unit. We may, in our sole discretion, at any time approve or deny requests for Unit(s).

If the Assigned Unit or part of the Assigned Unit are damaged or destroyed by fire or other casualty not due to Guest’s negligence, the rent will be abated during the time that the Unit is uninhabitable.  If Landlord decides not to repair or rebuild the Unit, then this Lease shall terminate and the rent shall be prorated up to the time of the damage.

Furnishings and Fixtures

All Guests are responsible for any damage caused to their Assigned Unit and/or its furnishings or fixtures and shall be charged for any such damage. Furthermore, each Guest shall reimburse Mayumi for all damages and expenses that we may suffer or incur for repair to any Facility common area or public space, or any other furnishings or facilities of the Facility, caused by any Guest’s misconduct or neglect, as opposed to regular wear-and-tear or by the misconduct or neglect of the guests or visitors of any Guests.

Common area furnishings, fixtures, and appliances may not be removed under any circumstances. No ventilator, air conditioner or other machinery shall be installed in any Unit without express prior written consent by Mayumi.

Guest agrees not to make any improvements or alterations to the Unit or Facility without prior written consent of the Landlord, with the exception of personal property that can be removed without damage to the Unit or Facility. Decoration and redesign of a Unit must be limited to only minor cosmetic changes, which can readily be removed without causing any damage or lasting effect to the Unit. Any modifications to a Unit which require the use of tools, including marking, painting, drilling or defacing, or that will cause any damage to a Unit, are expressly prohibited.

An inventory of the furnishings found in all Units is included below. The Guest is responsible for verifying all items on the inventory, or notifying Mayumi immediately at the Start Date of any discrepancy. Any unreported item missing at the end of your stay will be deducted from the Service Deposit.

1 Bed Frame

 1 Bench

 2 Body Towels

 1 Desk Chair

 1 Floor Mat

 2 Hand Towels

 2 Face Towels

11 Hangers

 1 Mattress

 1 Runner Rug

 1 Sheet set - 4 pillow cases, 1 sheet, 1 fitted sheet, 1 comforter

 1 Soap Dispenser

DANGEROUS MATERIALS

Guest shall not keep or have on or around the Facility any item of a dangerous, flammable, or explosive nature that might unreasonably increase the risk of fire or explosion on or around the Facility or that might be considered hazardous by any responsible insurance company.

PETS AND ANIMALS

Guest shall not keep any pets or animals in the Assigned Unit or at the Facility without the prior written consent of the Landlord. Any Guest who requires a service animal (as defined by Title II and Title III of the ADA) will need to produce proof of vaccination and official service animal designation before they can be approved to bring the animal into the Unit or to the Facility. All approved service animals should remain inside the Unit unless accompanied by the Guest. The Guest is responsible for any injury or damage caused by the service to other Guests or guests or to the property of Mayumi or any employees, Guests or guests. None of the Mayumi Parties will be responsible for any injury to such animals.

ABANDONMENT

If the Guest abandons the Assigned Unit for at least 14 consecutive days without notice to Landlord, Landlord can also consider the Unit abandoned.  If a Guest abandons the Assigned Unit during the term of this Agreement, Landlord may at its option enter the Assigned Unit by any legal means without liability to terminate the Lease.  Abandonment is defined as the termination of the rental Agreement either by mutual agreement between Mayumi and Guest, or eviction, and the physical departure of the Guest from the Unit. If both conditions have been met (termination and departure) any personal property left behind by Guest will be considered abandoned. Thereafter, Mayumi will inventory and store the personal property of abandoned Unit in a safe location. Mayumi will provide Guest with written notice of the abandoned property and our intention to dispose of it if the Guest does not claim the property. The Guest’s personal property will be held for the legal limit. If Guest does not claim the property within the allotted time, it will be discarded. Mayumi reserves the right to recover the reasonable costs of storing the property, and we can prohibit the Guest from claiming the property until those costs have been paid.

If Guest abandons the Unit while the rent is outstanding for more than 14 consecutive days and there is no reasonable evidence, other than the presence of the Guests’ personal property, that the Guest is occupying the unit, Landlord may at Landlord’s option terminate this Agreement and regain possession of the Unit in the manner prescribed by law.

MISCELLANEOUS

Severable Provisions

Each provision of this Agreement shall be considered severable. To the extent that any provision of this Agreement is prohibited by applicable law, this Agreement shall be considered amended to the smallest degree possible in order to make the Agreement effective under applicable law.

Binding Effect

The covenants and conditions contained in the Agreement shall apply to the Parties and the heirs, legal representatives, successors and permitted assigns of the Parties.

Governing Law

This Lease shall be governed by and construed in accordance with the laws of the State of California.

Notice

Any notice required or otherwise given pursuant to this Agreement shall be in writing and delivered either in person, or via US certified mail if to Guest, at the Facility and if to Landlord, at the address of the Facility. Either party may change such addresses from time to time by providing notice as set forth above.

Waiver

The failure of either Party to enforce any provisions of the Lease shall not be deemed a waiver of limitation of that Party’s right to subsequently enforce and compel strict compliance with every provision of this Lease.  The acceptance of rent by Landlord does not waive Landlord’s right to enforce any provisions of this Lease.

Indemnification

To the extent permitted by law, Guest will indemnify and hold Landlord and Landlord’s property, including the Assigned Unit and Facility, free and harmless from any liability for losses, claims, injury to or death of any person, including Guest, or for damage to property arising from Guest using and occupying the Assigned Unit or Facility or from the acts or omissions of any person or persons, including Guest, in or about the Facility with Guest’s express or implied consent except Landlord’s act or negligence.

Legal Fees

In the event that the Guest violates the terms of the Lease or defaults in the performance of any covenants in the Lease and the Landlord engages an attorney or institutes a legal action, counterclaim, or summary proceeding against Guests based upon such violation or default, Guests shall be liable to Landlord for the costs and expenses incurred in enforcing this Lease, including reasonable attorney fees and costs.  In the event the Guests bring any action against the Landlord pursuant to this Lease and the Landlord prevails, Guest shall be liable to Landlord for costs and expenses of defending such action, including reasonable attorney fees and costs.

IN WITNESS THEREOF, the Parties have caused this Agreement to be executed on the day and year first above written.

Signature

__________________________________

Name

__________________________________

Mayumi Guest Agreement

 

Guest Access and Benefits

A Guest is considered a Guest in good standing as long as the Guest meets all obligations outlined in this Agreement, in addition to the Rental and Services Agreement. Violating the terms of any of these Agreements may risk the Guest being barred from continuing to receive the benefits and access privileges of Mayumi Guest. Mayumi reserves the right to withdraw access and benefits of Guest following written notice to you, with or without ability to remedy. For clarity, a violation of any of the Agreements will affect the Guest’s ability to access services and benefits at the Assigned Unit and across the Facility.

 

Age Requirements

The Guest in the Assigned Unit must be twenty one (21) years of age or older. No individuals under the age of majority in the applicable jurisdiction shall be entitled to any benefits described in this Agreement, except as a temporary visitor or guest.

 

Named Guest

Only the individual named in this Agreement will be entitled to the benefits described in this Agreement. Before becoming a Guest, any potential Guest must review and agree to the terms of this Agreement, as well as the Rental and Services Agreement. Subject to compliance with the terms and conditions of this Agreement, the Guest will be able to receive the Services, including access to the Assigned Unit, on the later of (i) the Start Date or (ii) the date Mayumi approves and confirms the addition of such individual as a Guest and receives all necessary paperwork and payment from the new Guest.

 

PAYMENTS AND FEES

 

Guest Fee

The Guest Fee is an annual, non-refundable fee of one hundred fifty dollars ($150) that gives a Guest the right to rent units at the Facility (and at other future sites) and attend community events sponsored by Mayumi  (note: some events may require an additional payment). Upon submitting a signed and completed Guest Agreement, we will process payment of the annual Guest Fee (“Guest Fee”).

 

Form of Payment

We accept payment of all amounts specified in this Agreement solely by direct withdrawal from your bank account or by debit or credit card. If you elect to pay via direct withdrawal, you are responsible to maintain sufficient money in your bank account to pay the fees described in this Agreement and to inform us promptly of any changes to the account. If you elect to pay via credit card, a 3% transaction fee will be added. You are required to inform us promptly of any changes to your credit card information and must ensure that you replace such credit card and update the relevant information prior to its expiration date.

 

Only a single checking, savings or credit card account may be used at any given time to make payments under this Agreement. If payment via credit card fails on two occasions, we may require you to make payments via direct withdrawal. Changes to your payment method will not be accepted in the last fifteen (15) calendar days of the calendar month. You further acknowledge and agree that Mayumi has the right to perform credit checks on potential Guests as part of its determination of eligibility for rental capabilities, access to Services, and Guest, and/or occasionally from time to time during the Term at our reasonable discretion; by entering into this Agreement, you hereby consent to such credit checks.

 

DEFAULTS

If a Guest fails to perform or fulfill any obligation under this Agreement, Guest shall be in default. Guest shall have 3 days from the date of any notice by Mayumi to cure the default. In the event Guest does not cure a default, Mayumi may select to:

 

a) Allow the Guest additional time or options to remedy such default (with any cost of such action to be added to Guest’s financial obligations under this Agreement); or

b) Declare Guest in default of the Agreement, and take action to terminate access, services, and benefits as legally permitted.

 

COMMUNITY STANDARDS

 

Other Guests

Mayumi does not control and is not responsible for the actions of other Guests or any other third parties, beyond the standard enforcement of the terms of each individual Guest’s Agreements. If a dispute arises between Guests or their invitees, or any guests or visitors or unaffiliated third party, we shall have no responsibility or obligation to participate, mediate, or indemnify any party.

 

Guest Policy

All guests and visitors should be accompanied by the Guest while visiting the Facility. All guests and visitors are subject to the same rules and policies that apply to Guests. Guests are responsible for ensuring that their visitors and guests adhere to the House Rules and any additional policies provided by Mayumi.

 

We reserve the right to directly charge any damages caused by a guest or visitor to the applicable Guest for such damages. We are not liable for any damage or loss of property caused or suffered by a visitor or guest of any Guest. Guests are individually responsible for all damages or disturbances caused or suffered by their visitors or guests, and for all actions of the same individuals or while in the Unit and/or Facility.

 

House Rules

All Guests shall follow the House Rules as part of their terms of Guest, and for the duration of their Term under the Rental and Services Agreement. If a Guest fails to follow the House Rules, Mayumi may, at its sole discretion, take action as follows:

 

1. Give Guest a written notice of the violation, and specify the actions and timeline needed to remedy;

2. Limit or revoke the benefits of Guest, or terminate the Guest altogether.

 

General Conduct, Common Areas, and Public Spaces

• Sidewalks, entrances, hallways, elevators, stairways and means of entry and exit to the Facility shall not be obstructed or used for any purpose other than intended entry and exit from the Facility.

 

• All service and delivery persons will be required to comply with Facility delivery policies.

 

• No article shall be placed or stored in any of the staircases, hallways, fire exits, or other spaces designated for entry and exit.

 

• No Guest may bring into the Facility or into any Unit any flammable, explosive or otherwise hazardous materials, which may constitute a building code violation or hazard to health and safety.

 

• Guest may not bring any firearms or other weapons into the Facility or Unit or store any firearms or other weapons in any Facility or Unit.

 

• Cooking activities must be limited to designated kitchen and BBQ areas. No cooking activities or equipment are permitted in any other areas of the Facility unless explicitly permitted by Mayumi in writing.

 

• No Guest shall produce, cause or permit any unusual, disturbing or objectionable noises, odors, or displays, which may interfere with the rights or comfort of other Guests.

 

• No Guest shall use the Facility in any manner that interferes with other Guests in the beneficial use of the Facility.

 

• Other than with Mayumi’s prior written approval, pets and animals are expressly prohibited from entering the Facility at any time.

 

• No Guest may rent their Unit or permit extended use of their Unit to any temporary visitors, or other persons.

 

• Each Common Area is designed with facilities meant to be shared among all Guests. Guests are encouraged to use common areas as a place to relax, socialize, and entertain. All Guests are collectively responsible for helping maintain the good order of the facilities in each common area.

 

• Guests must keep their Units, all common areas, and all public spaces of the Facility in a good state of preservation, condition, repair and cleanliness.

 

• Mayumi may block availability of common areas for hosted community events, including during holidays and select dates.

 

• No common area or public space outside of the Unit or Facility may be decorated, designed or modified by any Guest or their guests or visitors in any manner. Any damages or expenses incurred by alterations to any common area or public space will be charged to the Guest.

 

• Restrooms, toilets, sinks and other plumbing fixtures shall not be used for any purposes other than those for which they were designed. The Guest will be responsible for any damage to any of these fixtures as a result of its misuse.

 

• No additional locks or bolts shall be added by any Guest to any doors or windows. Existing locks must not be altered or tampered with.

 

• We prohibit smoking or vaping at the Facility, or areas surrounding the Facility, out of consideration for other Guests. The Guest will be held liable for any damages caused by unauthorized smoking or vaping, including but not limited to cleaning, flooring, blinds, or furniture replacement.

 

• All Guests must comply with all policies and procedures pertaining to trash disposal and maintenance.

 

• No Guest can possess or consume illegal substances. No temporary visitors or guests who are under the age of 21 shall consume or possess alcohol at the Facility, or at any community events organized by Mayumi.

 

• All Guests must return any items that are borrowed from Mayumi or the Facility in compliance with our policy. Failure to comply can result in fees, including charges against the applicable Service Deposit.

• No Guest will perform any activity that is reasonably likely to be disruptive or dangerous to any other Guests or Mayumi, Mayumi Guests or our or their employees, guests or property.

 

• No Guest will misrepresent himself or herself to the Mayumi community, either in person or as part of the Mayumi. Guest network.

 

• No Guest will use the Facility to conduct or pursue any illegal activities or to conduct any activity that is generally regarded as offensive.

 

MISCELLANEOUS

 

Technology Release

In order to utilize all the functionalities offered by Mayumi, it may be necessary to install software onto your computer, tablet, mobile device or other electronic equipment. From time to time, at your request, we or an affiliate, or our or their agent or service provider, may help troubleshoot problems you may have in trying to access certain functionalities. Regarding the foregoing, you agree that we and our affiliates:

 

(a) Are not responsible for any damage to your device or system related to such technical support or the downloading and installation of any software;

(b) Do not assume any liability or warranty in the event that any manufacturer warranties are voided; and

(c) Do not offer any verbal or written warranty, either expressed or implied, regarding the success of any technical support.

Additionally, we and our affiliates are not liable for any aspect of any websites, services, resources, offerings or content made available by third parties through the Services or for any actions, omissions, or other activities conducted by third parties on any portion of the Services (collectively, “Third Party Resources”), including any Third Party Resources made available through any mobile application (“App”). Inclusion of a Third Party Resource does not imply our endorsement of the Third Party Resource or any association between us and their operators, and we and our affiliates are not liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any Third Party Resources, or any content, goods or services available on or through any Third Party Resources. Your access and use of any Third Party Resource is at your own risk. You are solely responsible for any of your own acts or omissions on the App.

 

Extraordinary Events

Neither party is liable for, and will not be considered in default or breach of this Agreement on account of, any delay or failure to perform as required by this Agreement (with the exception of any obligations on your part to pay any sum of money due to us under this Agreement) as a result of any causes or conditions that are beyond such party’s reasonable control and which such party is unable to overcome by the exercise of reasonable diligence, including without limitation any delays or changes in construction of, or our ability to procure any space in, the Facility, provided that the affected party will use best efforts to resume normal performance as soon as reasonably possible.

 

Waiver of Claims

To the maximum extent permitted by law, all Guests and their guests, visitors and invitees, waive any and all claims and rights against Mayumi, the owner of the Facility, any affiliated and parent entities, and successors and each of our and their employees, assignees, officers, agents and directors (collectively, the “Mayumi Parties”) resulting from injury or damage to, or destruction, theft, or loss of, any property or person occurring on or at or about the Facility.

Limitation of Liability

To the maximum extent permitted by law, the Mayumi Parties shall not be liable, directly or indirectly, or otherwise responsible in any way for any loss of or damage to your personal property, whether or not caused by any of the Mayumi Parties’ negligence. The aggregate monetary liability of any of the Mayumi Parties to you or your guests, visitors or invitees for any reason and for all causes of action, will not exceed the total Guest Fees paid by you to us under this Agreement for the twelve (12) month period prior to the cause of action arising. None of the Mayumi Parties will be liable under any cause of action, for any indirect, special, incidental, consequential, reliance or punitive damages, including loss of profits or business interruption, or for the cost of substitute goods, services or technology. You acknowledge and agree that you may not commence any action or proceeding against any of the Mayumi Parties, whether in contract, tort, or otherwise, unless the action, suit, or proceeding is commenced within one (1) year of the cause of action’s accrual.

 

Indemnification

To the maximum extent permitted by law, you agree to indemnify and hold the Mayumi Parties and each of them harmless from and against any and all claims, liabilities, and expenses, including without limitation reasonable attorneys’ fees and costs, resulting from any claim or litigation which may arise out of or in connection with the use and occupancy of the Facility pursuant to this Agreement by any Guest, his or her guests, visitors or invitees, pets or any of their actions or omissions. Guest is responsible for the actions of and all damages caused by all persons that Guest or his or her guests, visitors, or invitees invite to enter the Facility. Guest shall not make any settlement that requires a materially adverse act or admission by any of the Mayumi Parties or imposes any obligation upon any of the Mayumi Parties without such Mayumi Parties’ written consent (such consent to be give or withheld at its sole discretion). No Mayumi Party shall be liable for any settlement made without such party’s prior written consent.

 

Settlement of Disputes

(a) Governing Law. This Agreement and the transactions contemplated hereby shall be governed by and construed under the laws of the State of California and federal laws of the United States.

(b) Venue. Except that either party may seek equitable or similar relief from any court of competent jurisdiction, any dispute, controversy or claim arising out of or in relation to this Agreement, or at law, or the breach, termination or invalidity of this Agreement that cannot be settled amicably by agreement of the parties to this Agreement shall be finally settled in accordance with the arbitration rules of JAMS then in force, by one or more arbitrators appointed in accordance with said rules. The place of arbitration shall be Los Angeles, California, U.S.A.

(c) Proceedings; Judgment. The proceedings shall be confidential. The award rendered shall be final and binding on both parties. Judgment on the award may be entered in any court of competent jurisdiction. In any action or proceeding to enforce rights under this Agreement, the prevailing party shall be entitled to recover costs and attorneys’ fees.

(d) Class Action Waiver. Any proceeding to resolve or litigate any dispute in any forum arising from any terms or conditions of this Agreement between Guest and Mayumi Parties will be conducted solely on an individual basis. Neither you nor we will seek to have any dispute heard as a class action or in any other proceeding arising from any terms or conditions of this Agreement between Guest and Mayumi Parties in which either party acts or proposes to act in a representative capacity. No proceeding will be combined with another without the prior written consent of all parties to all affected proceedings. You and we also agree not to pursue any claim arising from any terms or conditions of this Agreement between Guest and Mayumi Parties before a private attorney general or representative capacity, or any consolidated claims involving another person’s account, if we are a party to the proceeding. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS GUEST ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS arising from any terms or conditions of this Agreement between Guest and Mayumi Parties.

Nature of the Agreement; Relationship of the Parties

The whole of the Assigned Unit and Facility remains the property of Mayumi. We are giving you the right to access and use of the Assigned Unit for the Term so that we can provide the benefits of Guest to you, including the Services. The parties hereto agree that with respect to the Services they shall each be independent contractors in the performance of their obligations under this Agreement, and this Agreement shall not be deemed to create a fiduciary or agency relationship, or partnership or joint venture, for any purpose. Neither party will in any way misrepresent our relationship.

Subordination

This Agreement is subject and subordinate to our lease with the owner of the Facility and to any other agreements to which our lease with such owner are subject to or subordinate.

Severable Provisions

Each provision of this Agreement shall be considered severable. To the extent that any provision of this Agreement is prohibited by applicable law, this Agreement shall be considered amended to the smallest degree possible in order to make the Agreement effective under applicable law.

 

Updates to the Agreement

We may from time to time update this Agreement and will provide written notice to you of these updates. You will be deemed to have accepted the new terms of the Agreement upon the next renewal of this Agreement. Continued use of any Unit or Facility or any services beyond this time will constitute acceptance of the new terms. This paragraph will not apply to changes to Guest and overage fees, nor changes to the House Rules.

 

Signature:

__________________________________________

 

First, Middle, Last Name (print):

__________________________________________

Date:

__________________________________________

 

Permanent Mailing Address: __________________________________________

__________________________________________

__________________________________________

 

Primary Telephone:

__________________________________________

 

Email:

__________________________________________

 

DOB:

__________________________________________

 

Driver License #:

__________________________________________

 

All Guest shall follow the House Rules as part of their terms of Guest, and for the duration of their Term under the Rental Agreement. If a Guest fails to follow the House Rules, Mayumi may, at its sole discretion, take action as follows:

(i) give Guest a written notice of the violation, and specify the actions and timeline needed to cure;

(ii) limit or revoke the benefits of Guest, or terminate the agreement all together.

 

General, Common Areas, and Public Spaces

· Sidewalks, entrances, hallways, elevators, stairways and means of ingress or egress appurtenant to the Facility shall not be obstructed or used for any purpose other than intended ingress to and egress from the Facility.

· All service and delivery persons will be required to comply with Facility delivery policies.

· No article shall be placed or stored in any of the staircases, hallways, fire exits, or other spaces designated for ingress or egress.

· No Guest may bring into the Facility, any Facility or any Unit any flammable, explosive or otherwise hazardous materials, which may constitute a building code violation or hazard to health.

· Guest may not bring any firearms or other weapons into the Facility or Unit or store any firearms or other weapons in any Facility or Unit.

· Cooking activities must be limited to designated kitchen and BBQ areas. No cooking activities or equipment are permitted in any other areas of the Facility unless explicitly permitted by Mayumi in writing.

· No Guest shall produce, cause or permit any unusual, disturbing or objectionable noises or odors, which may interfere with the rights or comfort of other Guest.

· No Guest shall use the Facility in any manner that interferes with other Guest in the beneficial use of the Facility.

· Other than with Mayumi’s prior written approval, pets and animals are expressly prohibited from entering the Facility at any time.

· No Guest may rent its Unit or permit extended use of its Unit to any temporary visitors, or other persons.

· Each Common Area is designed with facilities meant to be shared among all Guest. Guest are encouraged to use common areas as a place to relax, socialize, and entertain. All Guest are collectively responsible for helping maintain the good order of the facilities in each common area.

· Guest must keep their Units, all common areas, and all public spaces of the Facility in a good state of preservation, condition, repair and cleanliness.

· Mayumi may block availability of common areas for hosted community events, including during holidays and select dates.

· No common area or public space outside of the Unit or Facility may be decorated, designed or modified by any Guest or their Guest or visitors in any manner. Any damages or expenses incurred by alterations to any common area or public space will be charged to the Guest.

· Restrooms, toilets, sinks and other plumbing fixtures shall not be used for any purposes other than those for which they were designed. The Guest will be responsible for any damage to any of these fixtures as a result of its misuse.

· No additional locks or bolts shall be added by any Guest to any doors or windows. Existing locks must not be altered or tampered with.

· We prohibit smoking or vaping at the Facility, or areas surrounding the Facility, out of consideration for other Guest. Each Guest will be held liable for damages caused by unauthorized smoking or vaping, including but not limited to cleaning, flooring, blinds, or furniture replacement.

· All Guest must comply with all policies and procedures pertaining to trash disposal and maintenance.

· No Guest can possess or consume illegal substances. No temporary visitors or Guest who are under the age of 21 shall consume or possess alcohol.

· All Guest must return any items that are borrowed from Mayumi or the Facility in compliance with our policy. Failure to comply can result in fees, including charges against the applicable Service Retainer.

· No Guest will perform any activity that is reasonably likely to be disruptive or dangerous to any other Guest or Mayumi, Mayumi Guest or our or their employees, Guest or property.

· No Guest will misrepresent himself or herself to the Mayumi community, either in person or as part of the Mayumi. Guest network.

· No Guest will use the Facility to conduct or pursue any illegal activities or to conduct any activity that is generally regarded as offensive.

- No amplified sound after 10pm on property

- No more than 3 Guest per Guest for communal events

- Guest are not to move furniture in communal areas or block fire exits

- Guest staying on property can have one additional guest per night and Guest name must be sent to hotel manager prior to checking in

- Phone usage limited to communal areas and rooms. No loud speaking in hallways outside rooms

- Guest must be 21+ to drink on property and in rooms. Hotel manager has the right to ask for identification and remove underage Guest as requested.

- Communal projector in kitchen is a shared amenity and Mayumi will have a schedule of programming for Guest to enjoy.

- Communal BBQ will have a sign in schedule sheet for Guest wanting to block out certain time slots on weekends. This is managed by hotel manager and Mayumi has the right to cancel this within 24 hours of allotted time slot.

- No Guest are to hang clothes/towels on railings outside of rooms to dry

- Guest bikes must be stored in allocated bike racks on bottom floor

- Any outside food deliveries must be handled by Guest to their room directly. The Mayumi is not responsible for delivering to rooms or directing deliveries around the property.

- Guest are responsible for cleaning up after themselves in communal spaces including BBQ and kitchen.