Rental Agreement

This Rental Agreement and Contract (the “Agreement”) is a legally binding agreement made and entered into as of the Check-in Date by and between the undersigned person(s) or company (the “Traveler”) and the undersigned owner, manager or agent (“Rental Agent”), pursuant to which the Traveler has agreed to rent the residence described below (the “Property”), for the duration of the Rental Term for the Rental Costs and other good and valuable consideration as described herein.

OCCUPANCY & AGE REQUIREMENTS
Traveler agrees that no more than 20 persons shall be permitted on the Property at any time during the Rental Term, all of whom shall comply with the conditions and restrictions imposed upon Traveler under this Agreement. The Traveler making the reservation must be 26 years of age or older and must occupy the Property the entire term of the reservation. Traveler agrees to provide a valid government issued ID upon request within 72 hours of making reservation. The Traveler reservation must be in the same name as the name on the credit or debit card used for payment. Any breach of the above policies will result in termination of this agreement, including possible eviction of the Property and possible forfeiture of any monies paid. There are no refunds for late arrivals and/or early departures.

MAXIMUM OCCUPANCY
The maximum number of persons that may occupy the Property is 20. For clarification, this number applies to all overnight guests, day visitors and children. Unless otherwise approved by Rental Agent in writing, occupancy over the indicated capacity may result in the immediate removal of the Traveler and other members of the party from the Property and forfeiture of all amounts paid.

FALSIFIED RESERVATIONS
Any reservation obtained under false pretense by the Traveler will be subject to forfeiture of advance deposit and/or rental money and the party will not be permitted to check-in.

CONDITION AND USE OF PROPERTY

The Property is provided in “as is” condition.  Rental Agent shall use its best efforts to ensure the operation of all amenities in the Property, such as internet access, satellite or cable TV access or hot tubs as applicable.  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.  There shall be no alterations to the Property and no fixtures, appliances or air conditioners shall be installed without written consent of the Rental Agent.  Please note, portable AC units, additional refrigerators, commercial trucks, and generators are not allowed.  Traveler failing to comply may be asked to vacate immediately without a refund.

Traveler acknowledges that use of amenities such as hot tubs, sauna, BBQ, pools, spas or any other recreational equipment of any kind or nature that is available on the premises 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 Traveler’s own risk.

Traveler 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. Traveler and any additional permitted Travelers shall refrain from loud noise and shall not disturb, annoy, endanger, or inconvenience neighbors, nor shall Traveler 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.

DEFAULT
If Traveler should fail to comply with the conditions and obligations of this Agreement, Traveler shall surrender the Property, remove all Traveler’s property and belongings and leave the Property in good order and free of damage. No refund of any portion of the Total Rental Costs 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. The Traveler agrees that all persons on the Property have transient status as defined by and for the purposes of § 82.045 Fla. Stat. (2015).

ASSIGNMENT OR SUBLEASE
Traveler 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 Travelers of the Traveler and included within the number of and as permitted occupants under this Agreement.

LIMITED SHORT-TERM RENTAL
It is expressly understood and agreed that this is a short-term, transient vacation rental and is not a lease or other long-term residential tenancy agreement, and that the Property is not intended to be utilized as a primary residence. The Agreement is only for the licensed use of the Property for the stated reservation dates. It creates no property rights in Traveler and no rights to renewal or for recurring usage. If the Traveler holds over after the expiration of the reservation dates, the extended stay, if authorized, will be from day-to-day only and will not constitute a renewal or an extension for any further term. In such case, the Traveler will be liable for paying for the additional day(s) at a rate equal to two (2) times the nightly rate set for the property on the dates of the holdover, plus the actual costs of re-accommodating future Travelers that were scheduled to use the Property during such dates. Traveler may not sublet the Property or any part of it and shall not assign any interest (in whole or in part) to this Agreement or any rights hereunder.

RISK OF LOSS AND INDEMNIFICATION
Traveler agrees that all personal property, furnishings, personal effects and other items brought into the Property by Traveler or their permitted Travelers and visitors shall be at the sole risk of Traveler with regard to any theft, damage, destruction or other loss and Rental Agent shall not be responsible or liable for any reason whatsoever.

Rental Agent does not accept liability for any inconvenience arising from any temporary defects or stoppage in supply of water, gas and electricity, outside construction noises or plumbing. Nor will the Rental Agent accept liability for any loss or damage caused by use of Property equipment, street construction, adverse weather conditions, natural disaster, acts of God, or other reasons beyond its control.

Traveler acknowledges there may or may not be exterior cameras present for security purposes only. There are no security cameras located inside the Property. Notwithstanding such, Traveler acknowledges and agrees Rental Agent is not liable in the event of any camera malfunction. Cameras are not monitored for the Traveler’s safety in any way and should not be relied on by Traveler for personal security or security of their belongings. Cameras may be used to enforce and verify compliance with rental policies. Any damage caused to cameras by Traveler or their permitted Travelers and visitors may result in a partial or complete loss of security deposit funds. Traveler agrees to release Rental Agent from any and all liability arising from the presence, usage, non-usage, function, non-function, or video/image capture of the security system/cameras. Traveler also agrees to advise their permitted Travelers and visitors to the Property of the presence of said security system/cameras.

Traveler 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, attorney’s fees incurred by Traveler, permitted Travelers, visitors or agents, representatives or successors of Traveler due to any claims relating to destruction of property or injury to persons or loss of life sustained by Traveler or family and visitors of Traveler in or about the Property and Traveler expressly agrees to save and hold Rental Agent harmless in all such cases.

BUNK BED SAFETY WARNINGS
There are certain risks associated with using a bunk bed and bunk bed ladder, and Traveler agrees that use is at their own risk. Rental Agent assumes no responsibility for personal loss, injury, or illness of any kind which may result from use of the bunk bed and ladder. Rental Agent is not liable for any accidents occurring. Parents with children should be especially cautioned regarding ladder use and agree to accept all responsibility for minors. While not an exhaustive list of precautions, Traveler agrees to follow these industry standards: 1) Use of top bunk is limited to occupants 6 years or older; 2) Use of top bunk is limited to 1 occupant and a maximum 175 lb weight; 3) No jumping or other horseplay on or around the bed; 4) Always use ladder for entering and leaving the upper bunk.

MECHANICAL FAILURES
Rental Agent attempts to properly maintain the Property. While all electrical and mechanical equipment within the Property are in good working order, Rental Agent cannot guarantee against mechanical failure of electrical service, stopped plumbing, water supply, heating, air conditioning, audio visual equipment, internet access, cable service, or appliances. Traveler agrees to report any inoperative equipment or other maintenance problem to Rental Agent immediately. Rental Agent will make every reasonable effort to have repairs done quickly and efficiently. Traveler will allow Rental Agent or a person permitted by Rental Agent access to the Property for purposes of repair and inspection. Rental Agent is not responsible for any inconvenience that may occur and no refunds or rent reductions will be made due to failure of such items.

PERSONAL ITEMS LEFT BEHIND
In the event the Traveler may have left a personal item behind in the Property. The Rental Agent will do its best to locate it; however, the Rental Agent is not responsible for any losses. If the item is found, the Traveler will be advised and given the contact details of a local company that specializes in collecting and mailing package deliveries. The Traveler will be responsible for arranging collection, shipment, delivery, and any other cost incurred. Any unclaimed items may be donated to charity or disposed of after 7 days.

WEATHER /ACTS OF GOD
Rental Agent shall not be liable for events beyond their control which may interfere with the Traveler’s occupancy, including but not limited to Acts of God, acts of governmental agencies, fire, strikes, war, natural disaster or inclement weather. No rebate or refund will be offered in these circumstances. Travel Insurance is recommended.

In the case of a hurricane watch/warning, Rental Agent may need to make preparations to the Property, whether occupied or unoccupied, for the safety of the Traveler. This includes, but is not limited to, moving outdoor furniture and décor indoors.

HEALTH CONCERNS
The Property has been inspected to ensure no bed bugs are present. If found during the Rental Term, their presence shall be presumed to have been caused by the Traveler, who will in turn be responsible for the cost of treatment in accordance with the terms of this agreement, unless the Traveler provides clear and convincing proof otherwise.

Traveler agrees to hold Rental Agent harmless of any injuries or claims caused by or contributed to by accidents, allergic reactions, or any other casualties or health problems, including viruses, which may arise during the Rental Term. Safety precautions undertaken by Rental Agent are not foolproof, and Traveler shall hold Rental Agent harmless from all claims to person or property arising out of the use and occupancy of the premises.

ASSUMPTION OF RISK
Traveler and anyone using the Property during the stay accepts and assumes all risks involved in or related to the use of the Property and surrounding property, the pool, hot tub, or any other body of water (including but not limited to a lake or an ocean at or adjacent to the Property), any water-related activities, features on the property, activities participated in during the stay on or off the property, amenities provided at the property, or third-party transportation vendors, as applicable. Traveler understands that travelling and staying in the Property may increase the likelihood of contracting an infectious disease, such as Covid-19, and Traveler voluntarily assumes that risk. Traveler further accepts and assumes all risks involved in or related to any recreational equipment of any kind, including but not limited to beach or pool equipment, golf cart, bicycles, docks, boats, kayaks, paddleboards or other floating devices, game or sports equipment, as applicable. Traveler is responsible for determining fitness for participating in any features or activities during stay and ability to fully understand and comply with any directions, warnings, laws, or regulations presented. To the maximum extent permitted under applicable law, you knowingly, voluntarily and freely assume all risks; both known and unknown, of the above described activities, and you assume full responsibility for participation in any such activities

RELEASE
Traveler 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 Traveler on or near or adjacent to the Property, including any common facilities, activities or amenities. Traveler agrees to use any such facilities or amenities entirely at the Traveler’s own initiative, risk and responsibility.

ENTRY AND INSPECTION
Rental Agent 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, Rental Agent may enter the Property without advance notice.

Traveler agrees to allow the Rental Agent reasonable access to the Property during the stay if requested. Such access may be necessary to resolve maintenance related issues you report. In the event of an emergency, the Property may be accessed without prior notice or permission.

CLEANLINESS
Traveler is expected to treat the Property with respect, keeping in mind that this is an individual’s home, not a hotel room. Traveler is expected to leave the Property in a clean, neat, and orderly condition and respect the Rental Agent’s requests regarding check-out procedures.

INVENTORY
No items may be removed from the Property. This includes linens and towels. Please report any breakage or damage to the Rental Agent.

LINENS AND TOWELS
Rental Agent will provide linens and towels.

PROPERTY RULES
For the comfort of all our Travelers please note that the Property is a non-smoking/vaping home Travelers agree that smoking/vaping is not allowed on said premises. If smoke is detected in the premises the Travelers will forfeit 100% of their security deposit.

PETS
Pets are permitted only with prior approval of the Rental Agent. in writing, subject to size & breed limitations, payment of a pet fee, and with the completion of a Pet waiver. The Traveler agrees to be responsible for all damages caused by pet. No other pets or animals other than those specified on the Pet waiver are allowed on the Property at any time and violation of this policy will result in immediate eviction and forfeiture of rent.

Rental Agent is committed to providing reasonable accommodation to protect the rights of Traveler with disabilities to bring a “service animal” (as defined by Florida and federal law) under the terms of The Fair Housing Amendments Act of 1988, Section 504 of the Rehabilitation Act of 1973, and Title II of the Americans with Disabilities Act. If a Traveler needs a service animal who has been trained to do work or perform tasks for a disability, he or she should request a reasonable accommodation, in writing, from Rental Agent at the time of their reservation. The request should state that the Traveler has a disability and provide the specific work or task that the service animal has been trained to perform. Traveler need not disclose the details of their disability nor provide a detailed medical history. Traveler will be responsible for any damages caused by a service animal, including any additional cleaning fees required at the end of the stay to prepare the Property for incoming guests. Emotional support animals are only permitted on the Property as pets.

SWIMMING POOL
Swimming pools are inherently dangerous and the Traveler is completely responsible for the safety of their party as no life guards are on duty. No children under the age of 4, or that normally wear diapers are allowed in the pool without wearing Swim diapers. While the pool chemistry is monitored and adjusted by a Certified Pool Operator, we cannot ensure your safety. Use at your own risk. No children under the age of 16 are permitted in the swimming pool without direct adult supervision. Excessive changes in the chemistry of the swimming pool water indicate violations of these rules and will result in a deduction from the security damage deposit. We charge a fee of $650 if the pool must be drained and refilled due to misuse by the Traveler for any reason, including but not limited to excessive dirt, broken glass, etc.

SPA
No children under the age of 12 are permitted in the spa, and no children under 16 are permitted in the spa without direct adult supervision. Anyone using the spa must first shower to remove all lotions, oils and dirt. There are serious health risks associated with using spas. Use at your own risk. While the spa chemistry is maintained by a Certified Pool Operator, we cannot assure your safety. Use at your own risk. Excessive changes in the spa chemistry indicate violations of the spa rules and will result in a deduction from the security damage deposit. We charge a fee of $300 if the pool/spa water must be drained and refilled due to excessive dirt, oils, uric acid, etc.

Pool/spa is not guaranteed to sustain any constant temperature due to weather and other natural causes. Rental Agent is not responsible for any loss of use that may result from weather, maintenance or any other circumstance that might deem the pool/spa temporarily unusable.

SAFE USE OF THE PREMISES
The Traveler shall use the Premises and shall comply with all laws and rules affecting it. Traveler agrees that fireworks and other hazardous materials shall not be used in or around the Property. No charcoal grills, open flames, or inherently dangerous activities are permitted. Do not take any furniture outside. Do not tamper with any alarms or smoke detectors. Use the overhead stove fan when cooking to avoid accidental activation of smoke detector alarm. Do not disturb the quiet enjoyment of your neighbors.

The invoiced amount to remedy fines issued, replacement of missing items, damages not covered by Damage Waiver, stains, bed bug treatment, long distance phone calls, Pay Per View (PPV) TV purchases, and extra cleaning, the determination of the need of which is in the sole discretion of the Rental Agent subject to good faith and Business judgment rule requirements.

ADDITIONAL CHARGES AND FORFEITURES
The Traveler will be charged the amount listed below for the following occurrences: $500 for each unauthorized animal. $150 for each unauthorized Traveler, each Traveler in excess of the Occupancy Limit, each 2-hour period or portion thereof of unauthorized early arrival or late departure, odor removal due to smoke, pets, or otherwise, violating terms concerning pool equipment, air conditioner, smoke detectors, outdoor furniture, excessive cleaning including dishes and leaving items to be disposed, trash or otherwise, non-emergency use of fire extinguishers, or any other violation of the section titled.

EXCESSIVE NOISE
Quiet hours are from sunset to sunrise, or as may otherwise be required by the rules of the homeowner association. Traveler agrees not to undertake any activities that interfere with their neighbors’ right to quiet enjoyment of their Property. Traveler agrees to fully comply with local noise regulations and to use common sense in keeping noise volume low after dark. The Property may use a noise alert monitoring system to ensure that neighborhood noise levels are respected. Tampering with the device is strictly prohibited and will result in a $400 fine. Any enforcement actions by local law enforcement and/or homeowners association are at the Traveler’s sole risk and expense and may result in additional charges or immediate eviction without refund of any deposits or monies paid.

GOOD NEIGHBOR POLICY
Because the Property is a privately owned home, the Traveler and all occupants must comply with this good neighbor policy. Traveler agrees to abide by the rules of the community association where the Property is located. Please treat the Property with the same care you would use with your own residence and leave it in the same condition it was in when you arrived. To prevent theft of or damage to furnishings or Traveler’s personal property, Traveler agrees to close and lock doors and windows when Traveler is not present at the Property and upon check-out. Traveler and other occupants agree to conduct themselves throughout their stay in a manner that is respectful of and not disruptive to neighbors, traffic flow, or the community and that will not prompt complaints to the Rental Agent from police, neighbors, or neighborhood or homeowner associations.

PARKING
The Property may be subject to parking rules, regulations or policies as adopted and/or enforced by local government agencies or the homeowners association. Traveler is expected to be aware of, and fully comply with, such parking rules, regulations or policies. Traveler is advised not to park any trailers or motor homes at or near the Property without Rental Agent’s prior written permission. Neither the Rental Agent nor the Owner of the Property shall assume any liability or responsibility for any damage or costs incurred by any Traveler as the result of any vehicle or trailer being parked at or near the Property or being towed.

TRASH
During your stay, follow the trash procedures as indicated in the house directions. Any excess garbage over and above what will fit inside the Bench Mate must be removed from the property prior to check out. When departing, please take remaining trash that does not fit in the Bench Mate to the community dumpster. If upon check-out, the cleaning service has to remove any trash that’s left in or outside the house, there will be a $50 service charge deducted from your deposit.

EVENTS
No events, weddings, receptions, retreats, classes, etc. (hereafter referred to as “event” or “events”) may be held at the Property without prior written consent by the Rental Agent. Written consent includes an emailed message including the phrase “we have given consent for you to hold _____ (Rental Agent inserts name of event) on the Property”.

If written consent is obtained for said events, etc., the Traveler agrees the maximum number of people on the Property at any one time will not exceed the maximum number of Travelers permitted for the Property. Travelers in violation of this policy shall cause termination of this agreement with no refund of rents or deposits and Traveler agrees to immediately leave the premises without compensation to Traveler for a shortened stay due to the unauthorized event, wedding, reception, retreats, classes, etc. Traveler assumes the responsibility of paying for any damages caused by any events, etc. not authorized by Rental Agent including but not limited to loss of Short Term Rental Permit and loss of income from business.

Traveler agrees to pay a $5,000 fine to Rental Agent for any and all unauthorized events on the Property to cover legal action. The $5,000 fine does not limit total fines and compensation to the Rental Agent for unauthorized events.

Further, if the unauthorized event of Traveler causes the local authority to revoke the Short Term Rental Permit of the Rental Agent, Traveler agrees to compensate Rental Agent of any and all lost future income due to the loss of the Short Term Rental Permit.

Conduct of unauthorized parties or gatherings may result in your removal from the Property without refund and the Rental Agent may contact local law enforcement when appropriate. Traveler agrees to respect the Property, neighbors, the surrounding community and to follow all applicable laws, regulations, ordinances and rules, including noise ordinances. Traveler agrees to conduct themselves in a manner that does not disrupt neighbors or community members.

EVENTS AND COMMERCIAL PHOTOGRAPHY; STRUCTURES; CHARCOAL GRILLS
Events and commercial photography or filming are prohibited at the Property without our express written permission. (If approved, additional conditions and fees may apply.) No tents or other structures may be erected on the Property without the Rental Agent’s express written permission. The use of charcoal grills is not permitted.

COMMUNITY AMENITIES HOA
The Property is located in an HOA community; the decisions and actions by the HOA are out of the Rental Agents control. There will be no refunds, property credits or discounts given to the Traveler due to the action taken by the HOA and community in the event the amenities such as Fitness center, Pools, Hot Tubs, Tennis courts, Parks, Grills, onsite services, etc. if they are limited or inoperable due to the HOA rules or maintenance issues. Rental Agent is renting the Property not the community amenities therefore Rental Agent will not be held responsible for the availability of certain amenity usage. Rental Agent cannot control what the HOA does and the rules they make if you rent the Property and the HOA decides to change a rule, the HOA Rules do supersede.

HOA, RV’S, TRAILERS, CAMPERS, BOATS, JET SKIS
These items are not allowed per HOA policies to be parked at any of our properties and/or hooked up to any utilities or water. There are no expectations. There will be penalties to the Traveler for breaking this term as the HOA assesses the Rental Agent property a $2,000 fine. So, please do not park any type of trailer in the driveway or around the Property.

CAUTION: Release of Liability Do not lean or climb on railings Traveler agrees and understands and is fully aware that there are inherent risks involved that may lead to serious injury or death. Do not lead against railings.

Automatic Gates – CAUTION: Release of Liability Property is located within a gated community. Automatic Gates Can Cause Serious Injuries and Property Damage please do not tailgate other people or cars when entering the gates and please use common sense when entering and exiting. Traveler agrees to be fully aware that there are inherent risks involved and agrees to release all claims of liability for damages incurred to either your vehicle or persons.

PRIVACY AND ILLEGAL DOWNLOADING
The illegal distribution of copyright material including unauthorized peer-to- peer file sharing on the Property owned, operated or maintained networks may subject Traveler to civil and criminal penalties under federal law. Traveler who engages in such activity on the Property using a network owned, operated or maintained by the Rental Agent will be subject to immediate eviction, a $1,000 fee, and forfeiture of all payments made to Rental Agent in the Property sole discretion.

Notice: Despite the Rental Agents’ continual and evolving efforts to maintain appropriate protections, Rental Agent cannot guarantee the security of the Traveler information. Accordingly, Traveler acknowledges and agrees that Rental Agent makes no such guarantee. Traveler recognizes and accepts that Rental Agent has no control over the unauthorized interception or breach of any communications or data once it has been sent or has been subject to unauthorized access, notwithstanding all reasonable security measures employed by Rental Agent or third-party vendors. Traveler consents to our use of these electronic devices and applications and submission of confidential client information to third-party service providers for your reservation. Similarly, Rental Agent website may provide links to other websites or resources, of which Rental Agent has no control over. Rental Agent is not responsible for the availability of such external websites or resources, and Rental Agent does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. Traveler further acknowledges and agrees that Rental Agent shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource.

CRIMINAL ACTIVITY PROHIBITED
Use of the Property for any criminal activity is prohibited and may result in fines, prosecution, and/or immediate removal of Traveler from the Property. This prohibition extends to use of the Property’s internet service, if any, for criminal activity, including but not limited to unlawful downloads of copyrighted material, including movies, music, software, or other material. The Rental Agent may cooperate with any investigation of alleged criminal activity that occurred at the Property during the Traveler’s stay.

ILLEGAL DRUGS
Under no circumstances shall any illegal drugs be allowed on the Property. Traveler understands that possession and use of any such substance is grounds for immediate eviction and forfeiture of payment. Traveler further waives any and all rights to recourse against Rental Agent for enforcing this clause.

UNAVAILABILITY OF PROPERTY
In the event the Property is not available for use during the Rental Term due to reasons, events or circumstances beyond the control of Rental Agent, Rental Agent shall immediately return all payments made by the Traveler, whereupon this Agreement shall be terminated and Traveler and Rental Agent shall have no further obligations or liabilities in any manner pertaining to this Agreement.

ATTORNEY’S FEES & COSTS
If the Rental Agent employs the services of an attorney or attorneys to enforce any terms or conditions of this Agreement, the Traveler shall be liable to the Rental Agent, as applicable, for reasonable attorney’s fees and costs incurred.

ADDITIONAL TERMS TO THE RENTAL AGREEMENT
In addition to the standard terms included herein, Traveler acknowledges and agrees that the following additional terms and conditions apply to the Traveler’s rental of the Property:

GENERAL PROVISIONS
This Agreement contains the entire agreement between the parties with regard to the rental of the Property, and any changes, amendments or modifications hereof shall be void unless the same are in writing and signed by both the Traveler and the Rental Agent. The words “Rental Agent” and “Traveler” shall include their respective heirs, successors, representatives. The waiver or failure to enforce any breach or provision of this Agreement shall not be considered a waiver of that or any other provision in any subsequent breach thereof. If any provision herein is held invalid, the remainder of the Agreement shall not be affected. Any notice required to be given under this Agreement shall be in writing and sent to the contact information included herein. 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.