Villa By the Castle's Rental Agreement

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 14 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. 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.

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.

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.

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.

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 14 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.

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.

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 home. Travelers agree that smoking is not allowed on said premises.  If smoke is detected in the premises the Travelers will forfeit 100% of their security deposit.

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 10 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 10:00 p.m. until 8:00 a.m., 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. 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.

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.

EVENTS AND COMMERCIAL PHOTOGRAPHY

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.

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.

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.

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Signature                                                                                             Date