Cape Escape Rental Agreement
By
submitting a payment for this reservation, you agree that you have read,
understand and agree to adhere to and be bound by the terms and conditions of
this Rental Agreement, thus making it a legal binding contract. For purposes of
this Rental Agreement: (i) references to “Guest” means the individual
submitting payment and all occupants of the rental property during the stay;
(ii) references to “Management” means Cape Escape Vacation Rentals; (iii)
references to “Owner”’ means the owner(s) of the rental property; and (iv)
references to “leased premises” means the property rented by the Guest.
1. Advanced Deposit and Payment of Rent. Management requires a $300 (three hundred dollars) advance deposit of the total booking charges due at the time of
the reservation, plus any amount due for the Damage Waiver and Travel Insurance. This deposit will be applied towards the total booking charges
due. The final balance is due sixty (60) days prior to your arrival date and
will be automatically charged using the same credit card used to process the
booking deposit unless other arrangements have been made. In the event that
there are any unpaid charges due to Management pursuant to the terms of this
Rental Agreement at the end of the lease term, whether for damage to the leased
premises, unpaid rent or any reason whatsoever hereunder, it is agreed that all
the outstanding charges will be charged to the credit card on file. Specials
and promotional offers may be offered by Management from time to time. All
specials and promotional offers apply to new bookings only, not to existing
reservations, and are available for a limited period of time.
For stays of 28 days or longer, a deposit of $500 is due at booking (plus amount due for Damage Waiver and Travel Insurance). 50% of the remaining balance is due 120 days before the scheduled arrival date, and the balance due 60 days before the scheduled arrival date. Cancellations before 60 days from scheduled arrival will result in a refund of all payments made, less a $300 cancellation fee.
2. Arrival and Departure. Check-in begins at 4:00 PM CST ("arrival
date") and ending at 10:00 AM CST ("departure date"). Guest
hereby agrees that if the leased premises is entered early without prior
approval or not vacated on or before the checkout date and time, Management
may, at its option, consider Guest in default under this Rental Agreement and
Management will notify Guest and immediately charge the credit card on file an
additional fee of One Hundred ($100.00) Dollars per hour. Refunds are not given
for late arrivals, early departures.
3. Accommodation Selection. Management will reserve the specific premises
selected at the time of reservation upon the receipt of Guest’s advance
deposit. In the event Guest’s accommodation becomes unavailable (i.e. residence
sold, removal from rental program, acts of nature, mechanical failures or other
reasons beyond Management’s control), Management will make every effort to
substitute a comparable residence. If a comparable residence is not available,
Guest will have the option of selecting from other available accommodations at
the published rate or receive a full refund of monies paid. In no event will
Management be responsible for any direct or indirect costs, expenses, fees or
other consequential damages resulting from the unavailability of a specific
accommodation. Each property is individually owned and furnished to the
homeowner’s taste and preferences, and inventories and furnishings are subject
to change without notice. Guest is not allowed to relocate to another property
or entitled to a refund or adjustment simply because the leased premises does
not meet Guest’s preferences or expectations upon arrival.
4. Accidental Damage Waiver. Management requires a valid Visa, Master Card or America Express number on file in addition to the Accidental Damage Waiver Fee. As a part of your stay, you are required to purchase a Vacation Rental Damage Protection plan designed to cover unintentional damages to the rental unit interior that occur during your stay provided they are disclosed to management prior to check-out. If purchased, the policy will pay a maximum benefit of $1,500. Any damages that exceed $1,500 or are not covered under the plan will be charged to the credit card on file. If, during your stay at one of our rental properties, an insured person causes any damage to real or personal property of the unit as a result of inadvertent acts or omissions, the Insurer will reimburse the Insured for the cost of repair or replacement of such property up to a maximum benefit of $1,500. Certain terms and conditions apply. Full details of the Vacation Rental Damage coverage are contained in the Description of Coverage or Insurance Policy here: https://www.csatravelprotection.com/certpolicy.do?product=G-20VRD. The Vacation Rental Damage Protection can be purchased up to, and including at, check-in. By submitting payment for this plan, you authorize and request Customized Services Administrators, Inc. d/b/a Generali Global Assistance & Insurance Services to pay directly Cape Escape Vacation Rentals any amount payable under the terms and conditions of the Vacation Rental Damage. Please contact Cape Escape Vacation Rentals directly if you do not wish to participate in this assignment.
The
Accidental Damage Waiver Fee is a nonrefundable fee that relieves Guest of the
cost for unintentional and incidental damage to the leased premises and its
contents, not to exceed the amount of coverage of $1,500 (“Damage Limit
Amount”). Guest will be notified of any Excess Damage Costs (described below)
in writing. Any Excess Damage Costs will also be charged immediately to Guest's
credit card. Guest assumes full responsibility for any items found to be
missing and any damage due to misuse, negligence or action on Guest or Guest's
party’s part, except in the case of normal wear-and-tear reported to Management
within 48 hours of Check-In. The Accidental Damage Waiver Fee does not substitute
for Guest’s responsibility to leave the leased premises in appropriate
condition. The Accidental Damage Waiver Fee does not negate Guest’s
responsibilities as a responsible renter, nor does it relieve Guest from
responsibility for intentionally destructive acts of Guest or other members of
Guest’s party while in occupancy. Guest
agrees to cooperate with management as necessary to provide pertinent
information to CSA. Failure to cooperate
may result in the credit card on file being charged for the cost of the damage.
The Accidental Damage Waiver policy has certain conditions, limitations and
exclusions (“Excess Damage Costs”). This Accidental Damage Waiver Fee will not
waive the Guest’s liability for the following Excess Damage Costs:
a) Intentional acts or omissions, abuse or neglect by Guest or Guest’s party.
b) Negligence or gross negligence. This includes any damages to the leased
premises caused by acts or omissions that could have been foreseen by a
reasonable person including damages resulting in any additional cleaning and/or
maintenance costs.
c) Any damage which the Guest does not report immediately to the
Management staff prior to checking out of the leased premises;
d) Theft that results from Guest’s failure to lock or secure the leased
premises or property, including items such as bikes.
e) Damages, additional cleaning costs or additional maintenance costs
caused by an animal allowed on or in the leased premises by the Guest or
Guest’s party, including any service or emotional support animals.
f) Damages resulting from unauthorized smoking on or in a property
by Guest or Guest’s party.
g) Loss or Damage in excess of the Damage Limit Amount.
h) Loss or Damage to any personal property of Guest or Guest’s
party.
Guest must notify Management of any damage or theft to the leased premises
during Guest’s occupancy or upon vacating. The leased premises will be
carefully inspected after Guest’s departure and any damage, theft or other
incidents which occur during Guest’s occupancy and which have not been
disclosed to Management prior to Guest’s departure will remain Guest’s
obligation. Any damage in excess of the Accidental Damage Limit Amount remains
the responsibility of the Guest. Management will have the sole authority to
determine the nature and extent of damages, necessary repairs and eligibility
for the waiver of liability described herein. The Guest must report any theft
or damage to the leased premises or its contents prior to checkout or any
otherwise applicable damage waiver will be void.
5. Cancellation Policy. Guest may
cancel the reservation for the leased premises by notifying Management in
writing at least sixty (60) days prior to Guest’s arrival date (“Cancellation
Period”). In such instances, the full amount of Guest’s Advanced Reservation
Deposit will be refunded, less a Three Hundred ($300.00) Dollar cancellation
fee. Should Guest cancel or shorten the reservation for the leased premises less
than 60 days before the scheduled Guest’s arrival date, Guest will be
responsible for the full amount of the total booking charges. Any refunds for cancellations or shortened
stays made after the Cancellation Period has expired must be obtained from Generali
Global Assistance and are subject to their policies, conditions, and
restrictions. If you choose to decline Generali Global Assistance, no refunds
will be provided for cancellations or shortened stays made after the
Cancellation Period, and you will be responsible for the full amount of the
total booking charges.
6. Hurricanes and Severe Weather. Guests covered by Generali Global
Assistance policies may be entitled to a refund or partial refund in the event
that the National Hurricane Center and our local governing officials issue a
“Mandatory Evacuation” order for the location of your rental property. Any such
refunds shall be subject to the terms, conditions, and restrictions of the Generali
Global Assistance policy. For detailed policies & coverage questions,
please contact Generali Global Assistance at (866) 999-4018 or visit https://thecapeescape.generali.com.
Refunds for cancellations or shortened stays due to actual or anticipated
hurricanes, tropical storms or other inclement weather will not be issued by
Management under any circumstances.
7. Travel Insurance. Vacation Rental Insurance has been made available
with your reservation. Vacation Rental Insurance provides coverage for the loss
of prepaid, non-refundable expenses due to certain unforeseeable circumstances
that may jeopardize your vacation investment and force you to incur unplanned
expenses. Trip Cancellation and Trip Interruption coverage is available for
events such as a sickness or injury of yourself, family member or traveling
companion; flight delays due to adverse weather; interruptions of road service;
terrorist acts; and mandatory evacuations. The plan also includes other
valuable coverages such as Medical and Dental, Baggage, and Emergency
Assistance and Transportation in addition to useful services such as identity
theft, concierge and 24/7/365 emergency assistance. We strongly recommend you
purchase this valuable protection. Additional terms and conditions apply;
please read your Description of Coverage/Policy carefully and contact Generali
Global Assistance at 866-999-4018 with coverage questions.
You can
review the Description of Coverage or Insurance Policy here: https://www.csatravelprotection.com/certpolicy.do?product=G-330CSA
Guests who choose not to purchase one of Generali
Global’s Travel Insurance policies will not be provided with any refunds.
8. Weddings/Events. Social
gatherings for family reunions, weddings & other large parties should be
restricted to the clubhouse or beach.
Use of this rental for such gatherings is strictly prohibited. All
events must meet local restrictions, HOA rules and follow noise restrictions.
Non-compliance with these rules and regulations may result in an immediate
charge to the credit card on file and Management may, at its option, eviction
Guest and Guest’s party with no return of any and all payments made.
9. Care of Leased Premises. The premises are rented "AS IS".
Guest agrees to take good care of the leased premises and its fixtures,
plumbing, furniture, and furnishings and to notify Management immediately when
any equipment, fixture, or portion of the premises is out of order or need of
repair. Management will repair the leased premises, in most cases, with
reasonable promptness when caused by Guest's normal wear and tear or by forces
beyond Guest's control. Rearranging the furniture or removing any items from
the leased premises is prohibited. Guest authorizes Management to charge the
credit card on file to reimburse Management for replacement of missing items or
repair of the leased premises when caused by Guest's misuse or that of Guest's
party. Management reserves the right to make any repairs, which are considered
necessary, but nothing herein shall be construed as requiring Management to
make any such repairs. Refunds or rate adjustments are not given for unforeseen
failures, including but not limited to the supply of electricity, water, pool
filtration systems, air conditioning, electronics, cable service, internet,
appliances, etc.
10. Pet Policy. Well behaved dogs are the only pets permitted with a pet fee(s)
& a signed pet addendum. Unauthorized pets (additional dogs, cats,
etc.) will result in a $300 non-declared
pet fee and may result in being asked to vacate the premises with no
refund. Damages caused by the pet(s)
are the responsibility of the owner.
11. No Smoking. Smoking is not permitted at the premises. Guests who violate
this policy will be charged an additional Five Hundred ($500.00) Dollar fee,
plus the expense of any cleaning Management deems necessary in its sole
discretion. Violations may also result in immediate eviction and forfeiture of
rent.
12. Maximum Occupancy. The maximum number of guests per
accommodation is based on the individual accommodation’s ability to comfortably
and safely house our guests. If the maximum occupancy is exceeded, Guest and
members of Guest’s party may be asked to vacate the property and forfeit any
rental payments.
13. Age Requirements. No reservations will be made to individuals under
the age of twenty-five (25) unaccompanied by a responsible parent or guardian
at a ratio of four (4) young adults to one (1) adult over the age of
twenty-five (25). A parent or guardian must be staying in the property at all
times. Guests who violate this policy are subject to immediate eviction and
forfeiture of all rental payments. In accordance with Florida State Chapter,
reservations made under false pretense are null and void and check-in will not
be allowed, or Guests will be asked to vacate the accommodations. This policy
includes reservations made by parents or guardians who do not check in, and/or
who leave overnight during the length of the stay.
14. Housekeeping. Guest’s vacation accommodations will be cleaned to
Management’s superior quality standards prior to Guest’s arrival and after
Guest’s departure. There is no daily maid service during the reserved time;
however, a broom, dustpan, mop, vacuum, and washer & dryer are available in
the Rental. Additional cleanings can be
arranged during Guest’s stay for an additional fee. If accommodations are found
abnormally dirty at check-out, Management will notify Guest and immediately
charge Guest’s credit card on file to assist in performing a deep cleaning of
the leased premises.
15. Linens and Supplies. A set of towels is provided for each renter(s)
& guest & an initial supply of toilet paper & paper towels. Guest is responsible for the purchase of any
additional items Guest may require during the stay. Linens should not be used
on dogs or removed from the Rental for any reason or removed from the Rental to
be used as beach towels. Dog towels are
provided &, if used, must be washed, dried & returned to the proper
spot before departure.
15. Checkout. We ask that you leave
the property in the condition in which you found it. This includes:
The home
will be left neat and tidy with all items & furniture (interior, exterior,
grill) back where you found them.
Take garbage
& discards (including items in the refrigerator) to the outside garbage
can(s) provided. Please do not put the
garbage at the street, as the sanitation crew will remove it from the unit on
the appointed day(s).
Begin a load
of towels in the washing machine. If pet
towels were used, include those in the load. Any additional laundry should be
placed by the washing machine.
All soiled
dishes should be put in the dishwasher & the dishwasher started. If time permits, it is helpful if the dishes
are put away.
Original
door key, if used, from lockbox must be returned to the lockbox & key to beach
closet/front door found in Rental should be returned to the kitchen counter or
key hanger as found (this depends on Rental).
All doors & windows should be locked. Lost keys will incur a $50 per
key charge.
Beach items
need to be returned to the appropriate place as they were found.
If renter(s)
or guests smoked outside, all ashes & butts are safely disposed of &
the ashtrays rinsed & returned to the appropriate place.
All
appliances are turned off.
16. Beach and Pool Towels. Please bring beach and/or pool towels as
Management does not permit bath towels or linens to be removed from the leased
premises.
17. Entry by Management. Management or its agents may enter the leased
premises in case of an emergency, to make any repairs, alterations or improvements,
to supply services, or upon reasonable suspicion that a Guest has breached any
of its obligations hereunder. Management will try to provide a notice of at
least 2 hours of intent to enter the property except in the case of an
emergency, provided, that failure to provide advance notice of intent to enter
the property shall not affect Management’s ability to enter for the reasons set
forth above.
18. Interference with Stay. There may be construction ongoing at
properties adjacent to or close by the premises being rented by Guest. The
rules regarding acceptable noise levels, start and finishing times, and other
restrictions relating to any such construction are governed by local ordinances
and/or community specific rules and regulations beyond the control of
Management. As such, Guest shall not be entitled to a refund relating to such
construction. Management is not liable for any disturbance or interruption that
may occur during Guest’s stay nor is Management liable to notify Guest of such,
including noises, disturbances or facility closures, whether due to
construction, neighbors, events or other circumstances. As such, Guest shall
not be entitled to a refund relating to any such disturbances or interference
nor to be moved to another property.
19. Elevators. If the premises has a private residential elevator and
Guest has been permitted use of such elevator by Management during Guest’s
stay, Guest understands and agrees as follows: (a) children are not permitted
to use the elevator under any circumstances unless accompanied by an adult; (b)
Management is not responsible for any malfunction or equipment failure of such
elevator and in such events, no refunds or rate adjustments are given; and (c)
The Accidental Damage Waiver does NOT cover damage to or malfunction of the
elevator that occurs during Guest’s stay due to misuse or abuse of the
equipment and Guest shall be fully responsible for any damages.
20. Use of Pool. Guest agrees that he or she and all occupants and users will
obey all posted signs and written rules concerning the use of the swimming pool
or hot tub. Guest understands and recognizes that using the swimming pool
exposes Guest and the users and occupants of this leased premises to many
hazards and entails both obvious and hidden dangers such as injury and death.
Guest understands that if the rules and posted signs for the swimming pool are
not followed or if the swimming pool is used improperly or for an improper
purpose, Guest will be increasing already existing dangers and creating additional
dangers. Guest agrees to exercise the highest level of care while on the leased
premises and especially while utilizing the swimming pool or hot tub. Guest, on
his or her behalf and on behalf of all occupants and users of the leased
premises, assumes all risk, injury, death, or property damage or loss from any
cause, whether known, unknown, foreseeable, or unforeseeable which occurs while
utilizing the swimming pool, except to the extent the same may be caused by the
sole negligence or willful misconduct of Management and the Owner of the
premises. Guest acknowledges and represents to Management that during the terms
of this Rental Agreement, Guest acknowledges that he or she understands that
all use of the swimming pool will be at Guest’s risk and agrees that he or she
and all users and occupants of the leased premises will not use the swimming
pool improperly or for an improper purpose.
Guest does hereby release and forever discharge Management and the Owner of the
premises, their heirs, administrators, executors, successors, and assigns from
any claims, counterclaims, demands, actions, causes of action, and liability
arising from Guest’s use, and all occupants’ and users’ use, of the swimming
pool located on the leased premises, and without in any way limiting the
generality of the foregoing, does hereby release and forever discharge
Management and the Owner of the premises, their heirs, administrators,
executors, successors, and assigns from any claims, counterclaims, demands,
actions, causes of action, and liability with regard to Guest’s use, and all
occupants’ and users’ use, of the swimming pool located on the leased premises.
23. Security of Personal Property. Management and Owner of the premises
are not responsible for any acts of theft or vandalism, or other damages
to any personal property or for personal items left by Guest or members of
Guest’s Guests. Management will make every attempt to locate and return any
personal items if notified within seven (7) days of Guest’s departure. Postage
in addition to a handling fee will be charged to Guest’s credit card on file.
24. Indemnification. Guest will defend, indemnify and hold Management
(including its members, officers, employees), as well as the Owner of the
premises harmless from any and all claims, liabilities, losses, costs and
expenses (including, but not limited to, reasonable attorneys’ fees and costs
of suit) incurred by Management, as well as Owner of the premises as a result
of or arising out of, or related to the breach of this Rental Agreement by
Guest, or Guest's use or occupancy of the leased premises, except to the extent
such claims, demands and actions arise from the negligence or willful
misconduct of Management. The indemnified party shall promptly notify the
indemnifying party of any such claim and shall, at the request and expense of
the indemnifying party, cooperate in the investigation and defense of such
claim.
25. Assumption of Risk. Guest further acknowledges and agrees that
Management (including its members, officers, employees) and the Owner shall not
be liable to Guest or Guest’s occupants, invitees, family, members of Guest’s
party, or others on the premises with Guest’s consent for any damages or losses
to person or property caused by any person, animal, or occurrence unless such
injury, loss or damage is caused directly or specifically by Management or
Owner’s gross negligence. Neither Management nor Owner shall be liable for
personal injury or for damages or loss of Guest’s personal property, inclusive
of vehicles, furniture, jewelry and clothing from theft, vandalism or other
criminal act, fire, water, rain, storms, smoke, explosions, sonic booms, or
other causes whatsoever unless the same is due to the gross negligence of
Management or Owner, respectively. Guest agrees to indemnify, defend, and hold
harmless Management and Owner from and against any and all claims for damages
to property or persons arising from Guest’s use of the premises, and from other
activities, permitted or suffered by Guest on or about the premises.
26. Assignment and Subletting. Guest shall not assign or sublet Guest’s
interest under this Rental Agreement, or any part of this Rental Agreement,
without the prior, express, and written consent of Management, or Management’s
heirs, executors, administrators, or assigns. Management’s consent shall not be
unreasonably withheld. Any assignment or subletting by Guest without
Management’s consent shall be voidable at the option of Management, who may, on
the breach, immediately reenter and take possession of the leased premises, or
any part of the leased premises, without giving any notice.
Management reserves the right to assign their interest under this Rental
Agreement and any sums under this Rental Agreement on the sale or transfer of
the leased premises.
27. Rules and Regulations. Guest shall obey the rules and regulations of
the leased premises and those of any homeowners’ association applicable to the
leased premises. Violations may warrant a fine that will be the Guest’s
responsibility and the card on file will be charged. In some cases, failure to
comply may result in eviction.
28. No Waiver. Management’s failure to enforce any provision of this
Rental Agreement shall not be deemed a waiver of the enforcement of that or any
other provision.
29. Venue, Jurisdiction, and Attorneys’ Fees. The exclusive venue for any
civil action related to this Rental Agreement or the course of dealings between
the parties is the County and Circuit Courts sitting in Gulf County, Florida.
The parties hereby submit to the personal jurisdiction of all the courts in the
previous sentence and agree not to challenge such jurisdiction. In any action,
suit, or proceeding to enforce or interpret the terms of the Rental Agreement
or to collect any amount due hereunder, the prevailing party shall be entitled
to reimbursement for all costs and expenses reasonably incurred in enforcing,
defending or interpreting its rights hereunder, including, but not limited to,
all attorneys’ fees and the costs expended in determining entitlement to and
amount of such fees.
30. Waiver of Jury Trial. By entering into this agreement, the parties
knowingly and voluntarily waive the right to a jury trial as to any claims a
party may claim to have against the other which arises out of this Rental
Agreement or the course of dealings between parties.
31. Reasonable Control. Notwithstanding any other provision of this
Rental Agreement, Management shall not be deemed in default or breach of this
Rental Agreement or liable for any loss or damages or for any delay or failure
in performance due to any cause beyond the reasonable control of Management.
32. Notice. All notices required or permitted under this Rental Agreement
shall be in writing and shall be served on the parties at their respective
addresses. The address for Management shall be 417 Riveredge Pkwy, Dothan,
Alabama 36303. Any notice shall be sent by certified mail, return receipt
requested. The addresses of the parties may be changed by written notice to the
other party, provided, however, that no notice of a change of address shall be
effective under actual receipt of the notice.
33. Entire Agreement. This Rental Agreement constitutes the entire
agreement between the parties and supersedes any prior understanding, marketing
or agreement among them respecting the subject matter hereof. There are no
representations, arrangements, understandings or agreements, oral or written,
relating to the subject matter of this Rental Agreement, except those fully
expressed herein. No waiver of any provision hereof shall be valid or binding
on the parties hereto, unless such waiver is in writing and signed by or on
behalf of the parties hereto, and no waiver on one occasion shall be deemed to
be a waiver of the same or any other provision hereof in the future.
34. Severability. If any term or provision of this Rental Agreement shall
to any extent be held invalid or unenforceable, the validity or enforceability
of the remaining terms and provisions of this Rental Agreement shall not be
affected, and each term and provision of this Rental Agreement shall be valid
and enforceable to the fullest extent permitted by law. Management and Guest
expressly agree that Owner of the premises is a third-party beneficiary of this
Rental Agreement and is entitled to the rights and benefits hereunder and may
enforce the provisions hereof as if it were a party to this Rental
Agreement.
35. Applicable Law. This Rental Agreement shall be governed by, construed
under, and enforced and interpreted in accordance with the laws of the State of
Florida, excluding its principles of conflicts of laws.
36. Headings. Section and other headings contained in this Rental
Agreement are for reference purposes only and are in no way intended to define,
interpret, describe or limit the scope, extent or intent of this Rental
Agreement or any provision hereof.
37. Pandemic Policy and Assumption of Risk. The novel coronavirus,
COVID-19, has been declared a worldwide pandemic by the World Health
Organization and the Centers for Disease Control (CDC). COVID-19 is extremely
contagious and is believed to spread mainly from person-to-person contact, as
well as through surface contact. As a result, federal, state, and local
governments and federal and state health agencies recommend social distancing
and have, in many locations, prohibited to congregation of groups of people.
Neither Owner, Guest nor Management can guarantee that a Guest, his or her
family and/or invitees will not become infected with COVID-19 while using the
leased premises or the surrounding community amenities. Guest acknowledges that
Owner and Management’s respective liability insurance may not provide coverage
for contraction of an infectious disease. Guest also acknowledges the
contagious nature of COVID-19 and voluntarily assumes the risk that Guest and
any member of his or her party or Guest’s invitees may be exposed to or
infected by COVID-19 while using the leased premises or the surrounding
community amenities, and that such exposure or infection may result in personal
injury, illness, permanent disability, and even death.
Notwithstanding anything herein to the contrary, Guest agrees to assume all of
the foregoing risks and accepts sole responsibility for any COVID-19 related
injury (including, but not limited to, personal injury, disability, and even
death), illness, damage, loss, claim, liability, or expense, of any kind that
Guest, members of Guest’s party or Guest’s invitees, may experience or incur in
connection with the use of the leased premises or the surrounding community
amenities. Guest hereby releases and covenants not to sue, discharges, and
agrees to defend (through legal counsel selected by the indemnified party) and
hold harmless Owner and Management of and from all liabilities, claims, actions,
damages, costs or expenses of any kind, which arise out of or related to the
contraction of COVID-19 by Guest, members of Guest’s rental party or Guest’s
invitees. Guest understands and agrees that this release includes any claims
based on the actions, omissions, or negligence of Owner or Management, any of
their respective employees, agents and representatives.
Due to COVID-19, federal, state and/or local governments have issued
restrictive orders and may issue further restrictive orders, including but not
limited to, restricting travel, restricting rental dates, restricting use of
facilities, restaurants and beaches, etc. Guest is knowingly entering into this
Agreement during the COVID-19 pandemic and assumes all risks of doing so,
including the risk of having to move his or her rental dates due to restrictive
governmental orders. Notwithstanding anything contained herein to the contrary,
Guest shall not be entitled to a refund of any and all amounts paid to
Management and/or any and all amounts due and payable to Management under the
terms of this Agreement, as a result of and/or relating to any and all effects
of the COVID-19 pandemic or any other pandemic. Management has the complete
discretion to grant Guest a credit to be used towards another rental within the
12-month period beginning on the date Management grants the credit.
Guest acknowledges that his or her contractual assumption of the risk as set
forth above, for himself or herself and on behalf of his or her family members,
party members and invitees who will use the leased premises and the surrounding
community amenities, is a specific condition precedent to Owner and Management
agreeing to lease the leased premises to Tenant with the use of the surrounding
community amenities. Guest acknowledges this is a specifically negotiated term
and that the monetary amount of the lease and the use of the surrounding
community amenities for Guest’s use are based upon the inclusion of this term.
ADDITIONAL PET ADDENDUM
To bring
your pet(s), Renter(s) must agree to:
1. Keep
dog(s) under control at all times.
2. Dog(s) is/are housebroken. Accidents on carpeting will be reported
immediately & guest will cover necessary cleaning expenses.
3. Dog(s)
will not get on the furniture or bedding.
There may be additional fees if dog hair is found on the furniture or
bedding like the dog was on the furniture.
Use pet sheets or bring your own spread if there is any chance the dogs might
get on the furniture or beds.
4. Dog(s)
will be rinsed of sand & dried thoroughly before entering rental. Dog towels are provided & must be washed,
dried & returned to the proper spot before check-out. Guest linens & towels should never be
used on your pet!
6. Damage caused by pets is not covered by the
Damage Waiver. Please take precautions
to ensure that they do not cause any damage which may be charged to the
renter. This includes screens, lamps,
furniture, etc.
7. Dog(s) will not be washed in the bathtubs or
showers inside the unit. This must be
done in the outside shower or with the hose in the carport.
8. To adhere
to local ordinances, leash laws & licensing requirements.
9. Clean up
after their dog(s) & dispose of their pet(s’) waste promptly. For your convenience, there are several Pet
Stations in Barrier Dunes.
10. To keep
dog(s) from being noisy or aggressive, & from causing any annoyance or
discomfort to others. Renters will
remedy any complaints immediately or be evicted.
11. Dog(s)
are up to date on rabies vaccinations & all other vaccinations &
currently treated for flea & tick prevention & will be current in their
treatment at time of check-in. All pets
are required to be treated with Advantage or similar topical flea & tick
repellent three (3) days prior to arrival.
12.
Owners/Agents take no responsibility for renters’ dog(s). Renters agree to pay agents promptly for any
damage, loss or expense caused by their pets and for any liability for their
dog(s).
13. No personal pet beds or other such items may
not be put in the washer or drier at the rental.
14. Dog hair will be swept, vacuumed or otherwise
picked up & removed from the inside of the unit prior to departure. Excess pet hair will result in a $100 charge
to the deposit.
15. Vicious or dangerous dogs trained for dog
fighting or with any tendency or disposition to attack any dog other than
domestic animals or humans without provocation are not permitted at any time.
A pet
residency fee per dog, per week will be assessed. If damage is caused by the pet renter(s)
agree that the damage deposit may be used to remedy damage & will pay for
any additional damage, if necessary.
The pet fee
is required for each pet residing at the dwelling during the rental
period. Renter(s) agrees to promptly pay
the owners/agents if damage occurs. If
damages are not reported, but are found by owners/agent, it will be documented
& necessary replacement or repair costs will be billed to renter(s).
Renter agrees that owners/agents reserve the right to revoke permission to keep the pet should the renter(s) break this agreement.