1. Parties. This Short Term Rental Agreement (the "Agreement") is made by and between 1Baz ("Property Manager") and Guest, as written in the booking confirmation ("Guest") as of the date last set forth on the signature page of this Agreement. For good and valuable consideration, the sufficiency of which is acknowledged, the parties hereby agree as follows:
2. Property. The property is located at:
As listed in the booking confirmation (the "Property").
3. Rental Party. All persons in the rental party will be bound by the terms of this Agreement.
4. Maximum Occupancy. The maximum number of guests is limited to the amount listed in the booking confirmation. An additional charge of $25 per person per night for guests in addition to the amount listed in the booking confirmation will be assessed.
5. Term of the Lease. The lease begins at 4 p.m. EST on the "Check-in Date" and ends at 11 a.m. EST on the "Checkout Date". These times are outlined in the booking confirmation.
6. Minimum Stay. This property requires a 1 night minimum stay. Longer minimum stays may be required during holiday periods.
7. Rental Rules. Guest agrees to abide by the Rental Rules attached as Exhibit A at all times while at the property and will cause all members of the rental party and anyone else Guest permits on the property to abide by the following rules at all times while at the property.
8. Access. Guest will allow Property Manager access to the property for purposes of repair and inspection. Property Manager will exercise this right of access in a reasonable manner.
9. Rental Rate and Fees.
a. Deposit. A deposit of 50% is due at the time of booking. The deposit will be applied toward the rental fees.
b. Payment. Payment in full of the fees listed in the booking confirmation will be due 30 days prior to the Check-In Date.
10. Cancellation Policy. If Guest wishes to cancel his/her reservation, the deposit will be refunded as follows:
100% if cancelled 30 days prior to the Check-in Date
0% if cancelled within 30 days of Check-in Date
11. Insurance. We encourage all renters to purchase traveler insurance.
12. Payment. Acceptable payment methods are Visa, Mastercard, American Express, Discover.
13. Check In/Out. Check in is at 4pm EST and check out is at 11am EST. Early check in or late check out may be available for an additional fee.
14. No Daily Housekeeping Service. While linens and bath towels are included in the unit, daily maid service is not included in the rental rate. We suggest you bring beach towels. We do not permit towels or linens to be taken from the units.
15. Rate Changes. Rates subject to change without notice.
16. Falsified Bookings. Any booking obtained under false pretense will be subject to forfeiture of advance payment, deposit and/or rental money, and the party will not be permitted to check in.
17. Written Exceptions. Any exceptions to the policies mentioned above must be approved in writing in advance.
18. Parking. Parking is limited to 2 vehicle(s). Vehicles are to be parked in designated parking areas only. Parking on the road is not permitted. Any illegally parked cars are subject to towing; applicable fines/towing fees are the sole responsibility of the vehicle owner.
19. Housekeeping. There is no daily housekeeping service. While linens and bath towels are included in the unit, daily maid service is not included in the rental rate. We do not permit towels or linens to be taken from the units.
20. Utilities. The Property Manager will be responsible for payment of all utility services during the term of this Agreement.
21. Water and Septic. The property is on a well and septic systems. The mineral content in the water is high. During a drought, the well may occasionally run dry. The septic system is very effective; however, it will clog up if improper material is flushed. DO NOT FLUSH anything other than toilet paper. No feminine products should be flushed at anytime. If it is found that feminine products have been flushed and clog the septic system, you could be charged damages of up to five hundred dollars ($500).
22. Storms. If there is a storm or hurricane, no refunds will be given unless:
• The state or local authorities order mandatory evacuations in a "Tropical Storm/Hurricane Warning area" and/or
• A "mandatory evacuation order has been given for the Tropical Storm/Hurricane Warning" area of residence of a vacationing guest.
The day that the authorities order a mandatory evacuation order in a "Tropical Storm/Hurricane Warning," area, we will refund:
• Any unused portion of rent from a guest currently registered;
• Any unused portion of rent from a guest that is scheduled to arrive, and wants to shorten the stay, to come in after the Hurricane Warning is lifted; and
• Any advance rents collected or deposited for a reservation that is scheduled to arrive during the "Hurricane Warning" period.
23. Use of Property. Guest will use the Property for legal purposes only and other use, such as but not limited to, illegal drug use, abuse of any person, harboring fugitives, etc.; will cause termination of this Agreement with no refund of rents or deposits.
24. Pets. Pets are not allowed.
25. Quiet Hours. Quiet hours are from 10:00 p.m. until 8:00 a.m.
26. Outdoor Fires. Outdoor fires are permitted only in the designated fire pit.
27. Fireworks. Fireworks are not permitted anywhere on the property.
28. Smoking. Smoking is not allowed in the unit.
29. Trash. All trash must be stowed in the proper garbage or recycling receptacle, located at the side of the house.
30. Parking. All vehicles must be parked in the driveway.
31. Property Condition. Guest will maintain the Property in a good, clean, and ready to rent condition and use the Property only in a careful and lawful manner. Guest will leave the Property in a ready to rent condition at the expiration of the rental agreement, defined by the Property Manager as being immediately habitable by the next Guest. Guest will pay for maintenance and repairs should the Property be left in a lesser condition. Guest will pay for any damage done to the Property over and above normal wear and tear.
32. Cleaning. A cleaning fee of $100 is required for all rentals.
33. Linens. Linens are provided.
34. Personal Property. Guest understands that any personal property of and used by Guest is not insured by Property Manager and Property Manager will not be responsible for any lost, stolen or missing property of the Guest or property of Guest left after check out.
35. Mechanical Failures. Property Manager attempts to properly maintain the Property. While all electrical and mechanical appliances are in good working order, Property Manager cannot guarantee against mechanical failure of electrical service, stopped plumbing, water supply, heating, air conditioning, audio visual equipment, internet access, cable service, or appliances. Guest agrees to report any inoperative equipment or other maintenance problem to Property Manager immediately. Property Manager will make every reasonable effort to have repairs done quickly and efficiently. Guest will allow Property Manager or a person permitted by Property Manager access to the Property for purposes of repair and inspection. Property Manager is not responsible for any inconvenience that may occur and no refunds or rent reductions will be made due to failure of such items.
36. Substitution. Guest acknowledges that the availability of the Property is not guaranteed. Should the Property not be available for any reason, Property Manager will substitute a comparable property or cancel this Agreement and refund in full all payments made by Guest.
37. Risk of Loss and Indemnification. Guest agrees that all personal property, furnishings, personal affects and other items brought into the Property by Guest or their permitted guests and visitors will be at the sole risk of Guest with regard to any theft, damage, destruction or other loss and Property Manager will not be responsible or liable for any reason whatsoever.
Guest hereby covenants and agrees to indemnify and hold harmless Property Manager 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, attorneys fees incurred by Guest, permitted guests, visitors or agents, representatives or successors of Guest due to any claims relating to destruction of property or injury to persons or loss of life sustained by Guest or family and visitors of Guest in or about the Property and Guest expressly agrees to save and hold Property Manager harmless in all such cases.
38. Release. Guest hereby waives and releases any claims against Property Manager, the Property owner and their successors, assigns, employees or representatives, officially or otherwise, for any injuries or death that may be sustained by Guest on or near or adjacent to the Property, including any common facilities, activities or amenities. Guest agrees to use any such facilities or amenities entirely at the Guest's own initiative, risk and responsibility.
39. Entry and Inspection. Property Manager 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 Property Manager has a reasonable belief that there is imminent danger to any person or property, Property Manager may enter the Property without advance notice.
40. 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 Property Manager, Property Manager will apply due diligence and good faith efforts to locate a replacement property that equals or exceeds the Property with respect to occupancy capacity, location and value that meets the reasonable satisfaction of the Guest. If such replacement property cannot be found and made available, Property Manager will immediately return all payments made by the Guest, whereupon this Agreement will be terminated and Guest and Property Manager will have no further obligations or liabilities in any manner pertaining to this Agreement.
41. Additional Terms to the Rental Agreement. Guest, for himself/herself, his/her heirs, assignors, executors and administrators, fully releases and discharges Property Manager from any and all claims, demands and causes of action by reason of any injury or whatever nature which has or have occurred, or may occur to the Guest, his/her guests or other invitees as a result of, or in connection with the occupancy of the Property and agrees to hold Property Manager free and harmless of any claim or suit arising therefrom. In any action concerning the rights, duties or liabilities of the parties to this Agreement, their principals, agents, successors or assignees the prevailing party will be entitled to recover reasonable attorney fees and costs.
42. Default. If Guest should fail to comply with the conditions and obligations of this Agreement, Guest will surrender the Property, remove all Guest's property and belongings and leave the Property in good order and free of damage. No refund of any portion of the Total Rental Fee will be made and if any legal action is necessary, the prevailing party will be entitled to reimbursement from the other party for all costs incurred.
43. Assignment or Sublease. Guest will 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 guests of the Guest and included within the number of and as permitted occupants under this Agreement.
44. Risk of Loss. Personal property of Guest and Guest's invitees and guests will be in the Property at the sole risk of Guest. Property Manager will not be liable for any damage caused to said personal property arising from fire, accident, acts of God, criminal acts, acts of negligence or bursting or leaking water pipes.
45. Additional Charges. Guest will be responsible for any additional charges incurred during the rental period, including but not limited to, charges for extra cleaning, damages, or lost keys.
46. Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of Florida.
47. Entire Agreement. This Agreement contains the entire agreement of the parties and there are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement. This Agreement may be modified or amended in writing, if the writing is signed by the party obligated under the amendment.
48. Severability. If any provision of this Agreement or the application thereof will, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities or circumstances will be affected thereby, but instead will be enforced to the maximum extent permitted by law.
49. Waiver. The failure of either party to enforce any provision of this Agreement will not be deemed a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
50. Headings. The headings in this Agreement are for convenience only and will not be used to interpret or construe its provisions.
51. Notices. Any notice or other communication required or permitted under this Agreement will be in writing and will be deemed given when delivered personally or mailed by certified mail, return receipt requested, to the address set forth in the introductory paragraph or to such other address as either party may specify in writing.
52. Counterparts. This Agreement may be executed in one or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument.
53. Binding Effect. The provisions of this Agreement will be binding upon and inure to the benefit of the parties and their respective legal representatives, successors and assigns.
54. Construction. The parties acknowledge that they have had an opportunity to review this Agreement and that the rule of construction to the effect that any ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this Agreement or any amendments or exhibits hereto.
55. Updates. Property Manager reserves the right to make changes to this Agreement at any time.
56. Rental Agreement. Guest agrees to all terms and conditions of this Rental Agreement.
57. Credit Card Authorization. Guest authorizes Property Manager to charge Guest's credit card for any damages or additional charges incurred during the rental period.
58. Property Damage. Guest is responsible for any damage to the Property caused by Guest or Guest's invitees.
59. Indemnification. Guest agrees to indemnify and hold harmless Property Manager from any and all claims, demands, or causes of action arising out of Guest's use or occupancy of the Property.
60. Attorney's Fees. In the event of any legal action arising out of this Agreement, the prevailing party will be entitled to recover its reasonable attorney's fees and costs.
61. Lead Warning Statement. Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, lessors must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. Lessees must also receive a federally approved pamphlet on lead poisoning prevention.
62. Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards. Property Manager has no knowledge of lead-based paint and/or lead-based paint hazards in the housing. Property Manager has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing.
63. Lessee's Acknowledgment. Guest has received copies of all information listed above. Guest has received the pamphlet Protect Your Family from Lead in Your Home.
64. Agent's Acknowledgment. Property Manager has informed the lessor of the lessor's obligations under 42 U.S.C. 4852d and is aware of his/her responsibility to ensure compliance.
65. Certification of Accuracy. The following parties have reviewed the information above and certify, to the best of their knowledge, that the information they have provided is true and accurate.
66. Subordination. This Agreement and Guest's interest hereunder are and will be subordinate, junior and inferior to any and all mortgages, liens or encumbrances now or hereafter placed on the Property by Property Manager, all advances made under any such mortgages, liens or encumbrances (including, but not limited to, future advances), the interest payable on such mortgages, liens or encumbrances and any and all renewals, extensions or modifications of such mortgages, liens or encumbrances.
67. Radon Gas. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health department.
68. Mold. Mold is naturally occurring and may cause health risks. Guest is responsible for maintaining the Property in a manner that prevents mold growth.
69. Bed Bugs. Property Manager has inspected the Property for bed bugs and has found no evidence of bed bugs. Guest is responsible for reporting any suspected bed bug activity to Property Manager immediately.
70. Asbestos. The Property was built before 1981 and may contain asbestos. Asbestos is a known carcinogen. Guest is advised to consult with an expert if Guest has any concerns about asbestos.
71. Smoke Detectors. The Property is equipped with smoke detectors. Guest is responsible for testing the smoke detectors monthly and replacing batteries as needed.
72. Carbon Monoxide Detectors. The Property is equipped with carbon monoxide detectors. Guest is responsible for testing the carbon monoxide detectors monthly and replacing batteries as needed.
73. Fire Extinguisher. The Property is equipped with a fire extinguisher. Guest is responsible for knowing the location of the fire extinguisher and how to use it.
74. Emergency Contact. In case of emergency, please contact Property Manager at (929) 438-0199 or adminteam@1baz.com.
75. Broken Window Addendum. Guest take full responsibility for all windows in the property. I understand and agree that if any windows during occupancy become broken, cracked or damaged in any way, I will take full responsibility in having them repaired at my own expense and none of these expenses will be reimbursed by the owner of the property. Whether by passer-by, act of nature, burglary or any other reason, I agree I can, will and should be evicted if the broken window in question is not repaired within 24 hours of being broken.
76. Governing Law. This Agreement will be governed, construed and interpreted by, through and under the State Laws.
77. Waiver and Severability. The failure of either party to enforce any provisions of this Agreement will not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement. If any provision of this Agreement or the application thereof will, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities or circumstances will be affected thereby, but instead will be enforced to the maximum extent permitted by law.
78. Time of Essence. Time is of the essence with respect to the execution of this Agreement.
79. Estoppel Certificate. Guest will execute and return a guest estoppel certificate delivered to Guest by Property Manager or Property Manager's agent within three (3) days after its receipt. Failure to comply with this requirement will be deemed Guest's acknowledgment that the estoppel certificate is true and correct, and may be relied upon by a lender or purchaser.
80. Entire Agreement. This document constitutes the entire Agreement between the Guest and Property Manager. This Agreement cannot be modified except in writing and must be signed by all parties. Neither Property Manager nor Guest has made any promises or representations, other than those set forth in this Agreement and those implied by law. The failure of Guest or its guests or invitees to comply with any term of this Agreement is grounds for termination of the tenancy, with appropriate notice to Guests and procedures as required by law.
81. Application. Guest represents and warrants that all statements in Guest's rental application are accurate. Any misrepresentations will be considered a material breach of this Agreement and may subject Guest to eviction. Guest authorizes Property Manager and any broker to obtain Guest's credit report periodically during the tenancy in connection with the modification or enforcement of this Agreement. Property Manager reserves the right to terminate this Agreement (i) before occupancy begins, (ii) upon disapproval of the credit report(s), or (iii) at any time, upon discovering that information in Guest's application is false.
82. Binding Effect. The provisions of this Agreement will be binding upon and inure to the benefit of parties and their respective legal representatives, successors and assigns.
By signing below, Guest have read and agreed to all rules listed in this Agreement. As head of household, I agree to comply with and will ensure that all members and guests of my household will comply with these rules as well. Finally, I understand that if I or any household member or guest to my unit should fail to comply with any of these rules, the Property Manager can and should terminate this Agreement immediately.
Guests Signature __________________________________________________________
83. Compliance with Regulations. Guest will comply: (a) with all present and future city, state and federal laws and regulations, including the Rent Stabilization Code and Law, which may affect the Property, and (b) with all orders and regulations of Insurance Rating Organizations which affect the Property.
84. Immediate Termination. If law enforcement, or regulatory body contacts the property manager regarding any investigation involving the guest, the agreement will be immediately terminated, without penalties to the property manager.