Rates subject to change without notice.
16. Falsified Bookings. Any booking obtai ned under false pretens e will be subject to fo rfeiture of advance pay ment, deposit and/or re ntal money, and the par ty will not be permitte d to check in.
17. Written Exceptions. Any exceptions to the policies mentioned above must be approved in writing in advance.
18. Parking. Parki ng is limited to 2 vehi cle(s). Vehicles are to be parked in designate d parking areas only. P arking on the road is n ot permitted. Any illeg ally parked cars are su bject to towing; applic able fines/towing fees are the sole responsibi lity of the vehicle own er.
19. Housekeeping. There is no daily house keeping service. While linens and bath towels are included in the uni t, daily maid service i s not included in the r ental rate. We do not p ermit towels or linens to be taken from the un its.
20. Utilities. The Property Manager will be responsible for paym ent of all utility serv ices during the term of this Agreement.
21. Water and Septic. The property is on a well and septic syste ms. The mineral content in the water is high. During a drought, the w ell may occasionally ru n dry. The septic syste m is very effective; ho wever, it will clog up if improper material is flushed. DO NOT FLUSH anything other than toi let paper. No feminine products should be flus hed at anytime. If it i s found that feminine p roducts have been flush ed and clog the septic system, you could be ch arged damages of up to five hundred dollars ($ 500).
22. Storms. If the re is a storm or hurric ane, no refunds will be given unless:
???? The state or local authorities o rder mandatory evacuati ons in a "Tropical Stor m/Hurricane Warning are a" and/or
???? A "mandat ory evacuation order ha s been given for the Tr opical Storm/Hurricane Warning" area of reside nce of a vacationing gu est.
The day that the authorities order a mandatory evacuation order in a "Tropical St orm/Hurricane Warning," area, we will refund:
???? Any unuse d portion of rent from a guest currently regis tered;
???? Any unuse d portion of rent from a guest that is schedul ed to arrive, and wants to shorten the stay, t o come in after the Hur ricane Warning is lifte d; and
???? Any advan ce rents collected or d eposited for a reservat ion that is scheduled t o arrive during the "Hu rricane Warning" period .
23. Use of Property. Guest will use the P roperty for legal purpo ses only and other use, such as but not limite d to, illegal drug use, abuse of any person, h arboring fugitives, etc .; will cause terminati on of this Agreement wi th no refund of rents o r deposits.
24. Pets. Pets are not allowed.
25. Quiet Hours. Q uiet hours are from 10: 00 p.m. until 8:00 a.m.
26. Outdoor Fires. Outdoor fires are perm itted only in the desig nated fire pit.
27. Fireworks. Fir eworks are not permitte d anywhere on the prope rty.
28. Smoking. Smoki ng is not allowed in th e unit.
29. Trash. All tra sh must be stowed in th e proper garbage or rec ycling receptacle, loca ted at the side of the house.
30. Parking. All v ehicles must be parked in the driveway.
31. Property Condition. Guest will mainta in the Property in a go od, clean, and ready to rent condition and use the Property only in a careful and lawful man ner. Guest will leave t he Property in a ready to rent condition at th e expiration of the ren tal agreement, defined by the Property Manager as being immediately h abitable by the next Gu est. Guest will pay for maintenance and repair s should the Property b e left in a lesser cond ition. Guest will pay f or any damage done to t he Property over and ab ove normal wear and tea r.
32. Cleaning. A cl eaning fee of $100 is r equired for all rentals .
33. Linens. Linens are provided.
34. Personal Property. Guest understands that any personal prope rty of and used by Gues t is not insured by Pro perty Manager and Prope rty Manager will not be responsible for any lo st, stolen or missing p roperty of the Guest or property of Guest left after check out.
35. Mechanical Failures. Property Manager attempts to properly m aintain the Property. W hile all electrical and mechanical appliances are in good working ord er, Property Manager ca nnot guarantee against mechanical failure of e lectrical service, stop ped plumbing, water sup ply, heating, air condi tioning, audio visual e quipment, internet acce ss, cable service, or a ppliances. Guest agrees to report any inoperat ive equipment or other maintenance problem to Property Manager immedi ately. Property Manager will make every reason able effort to have rep airs done quickly and e fficiently. Guest will allow Property Manager or a person permitted b y Property Manager acce ss to the Property for purposes of repair and inspection. Property Ma nager is not responsibl e for any inconvenience that may occur and no refunds or rent reducti ons will be made due to failure of such items.
36. Substitution. Guest acknowledges that the availability of th e Property is not guara nteed. Should the Prope rty not be available fo r any reason, Property Manager will substitute a comparable property or cancel this Agreemen t and refund in full al l payments made by Gues t.
37. Risk of Loss and Indemn ification. Gue st agrees that all pers onal property, furnishi ngs, personal affects a nd other items brought into the Property by Gu est or their permitted guests and visitors wil l be at the sole risk o f Guest with regard to any theft, damage, dest ruction or other loss a nd Property Manager wil l not be responsible or liable for any reason whatsoever.
Guest hereby covenants and agrees t o indemnify and hold ha rmless Property Manager and their agents, owne rs, successors, employe es and contractors from and against any costs, damages, liabilities, claims, legal fees and other actions for any d amages, costs, attorney s fees incurred by Gues t, permitted guests, vi sitors or agents, repre sentatives or successor s of Guest due to any c laims relating to destr uction of property or i njury to persons or los s of life sustained by Guest or family and vis itors of Guest in or ab out the Property and Gu est expressly agrees to save and hold Property Manager harmless in al l such cases.
38. Release. Guest hereby waives and rele ases any claims against Property Manager, the Property owner and thei r successors, assigns, employees or representa tives, officially or ot herwise, for any injuri es or death that may be sustained by Guest on or near or adjacent to the Property, including any common facilities, activities or amenitie s. Guest agrees to use any such facilities or amenities entirely at t he Guest's own initiati ve, risk and responsibi lity.
39. Entry and Inspection. strong> Property Manage r reserves the right to enter the Property at reasonable times and wi th reasonable advance n otice for the purposes of inspecting the Prope rty or showing the Prop erty to prospective pur chasers, renters or oth er authorized persons. If Property Manager has a reasonable belief th at there is imminent da nger to any person or p roperty, Property Manag er may enter the Proper ty without advance noti ce.
40. Unavailability of Prope rty. In the ev ent the Property is not available for use duri ng the Rental Term due to reasons, events or c ircumstances beyond the control of Property Ma nager, Property Manager will apply due diligen ce and good faith effor ts to locate a replacem ent property that equal s or exceeds the Proper ty with respect to occu pancy capacity, locatio n and value that meets the reasonable satisfac tion of the Guest. If s uch replacement propert y cannot be found and m ade available, Property Manager will immediate ly return all payments made by the Guest, wher eupon this Agreement wi ll be terminated and Gu est and Property Manage r will have no further obligations or liabilit ies in any manner perta ining to this Agreement .
41.
Additional Terms to the
Rental Agreement. Guest, for himself
/herself, his/her heirs
, assignors, executors
and administrators, ful
ly releases and dischar
ges Property Manager fr
om any and all claims,
demands and causes of a
ction by reason of any
injury or whatever natu
re which has or have oc
curred, or may occur to
the Guest, his/her gue
sts or other invitees a
s a result of, or in co
nnection with the occup
ancy of the Property an
d agrees to hold Proper
ty Manager free and har
mless of any claim or s
uit arising therefrom.
In any action concernin
g the rights, duties or
liabilities of the par
ties to this Agreement,
their principals, agen
ts, successors or assig
nees the prevailing par
ty will be entitled to
recover reasonable atto
rney fees and costs. p>
42.
Default. If Gu
est should fail to comp
ly with the conditions
and obligations of this
Agreement, Guest will
surrender the Property,
remove all Guest's pro
perty and belongings an
d leave the Property in
good order and free of
damage. No refund of a
ny portion of the Total
Rental Fee will be mad
e and if any legal acti
on is necessary, the pr
evailing party will be
entitled to reimburseme
nt from the other party
for all costs incurred
. 43.
Assignment or Sublease.
Guest will no
t assign or sublease th
e Property or permit th
e use of any portion of
the Property by other
persons who are not fam
ily members or guests o
f the Guest and include
d within the number of
and as permitted occupa
nts under this Agreemen
t. 44.
Risk of Loss.
Personal property of Gu
est and Guest's invitee
s and guests will be in
the Property at the so
le risk of Guest. Prope
rty Manager will not be
liable for any damage
caused to said personal
property arising from
fire, accident, acts of
God, criminal acts, ac
ts of negligence or bur
sting or leaking water
pipes. 45.
Additional Charges. Guest will be res
ponsible for any additi
onal charges incurred d
uring the rental period
, including but not lim
ited to, charges for ex
tra cleaning, damages,
or lost keys. 46.
Governing Law.
This Agreement will be
governed by and constr
ued in accordance with
the laws of the State o
f Florida. 47.
Entire Agreement. This Agreement cont
ains the entire agreeme
nt of the parties and t
here are no other promi
ses, conditions, unders
tandings or other agree
ments, whether oral or
written, relating to th
e subject matter of thi
s Agreement. This Agree
ment may be modified or
amended in writing, if
the writing is signed
by the party obligated
under the amendment. p>
48.
Severability.
If any provision of thi
s Agreement or the appl
ication thereof will, f
or any reason and to an
y extent, be invalid or
unenforceable, neither
the remainder of this
Agreement nor the appli
cation of the provision
to other persons, enti
ties or circumstances w
ill be affected thereby
, but instead will be e
nforced to the maximum
extent permitted by law
. 49.
Waiver. The fa
ilure of either party t
o enforce any provision
of this Agreement will
not be deemed a waiver
or limitation of that
party's right to subseq
uently enforce and comp
el strict compliance wi
th every provision of t
his Agreement. 50.
Headings. The
headings in this Agreem
ent are for convenience
only and will not be u
sed to interpret or con
strue its provisions. < /p>
51.
Notices. Any n
otice or other communic
ation required or permi
tted under this Agreeme
nt will be in writing a
nd will be deemed given
when delivered persona
lly or mailed by certif
ied mail, return receip
t requested, to the add
ress set forth in the i
ntroductory paragraph o
r to such other address
as either party may sp
ecify in writing. 52.
Counterparts.
This Agreement may be e
xecuted in one or more
counterparts, each of w
hich will be deemed an
original, but all of wh
ich together will const
itute one and the same
instrument. 53.
Binding Effect. The provisions of thi
s Agreement will be bin
ding upon and inure to
the benefit of the part
ies and their respectiv
e legal representatives
, successors and assign
s. 54.
Construction.
The parties acknowledge
that they have had an
opportunity to review t
his Agreement and that
the rule of constructio
n to the effect that an
y ambiguities are to be
resolved against the d
rafting party will not
be employed in the inte
rpretation of this Agre
ement or any amendments
or exhibits hereto.
p>
55.
Updates. Prope
rty Manager reserves th
e right to make changes
to this Agreement at a
ny time. 56.
Rental Agreement. Guest agrees to all
terms and conditions o
f this Rental Agreement
. 57.
Credit Card Authorizati
on. Guest auth
orizes Property Manager
to charge Guest's cred
it card for any damages
or additional charges
incurred during the ren
tal period. 58.
Property Damage. Guest is responsible
for any damage to the
Property caused by Gues
t or Guest's invitees.
59.
Indemnification. Guest agrees to inde
mnify and hold harmless
Property Manager from
any and all claims, dem
ands, or causes of acti
on arising out of Guest
's use or occupancy of
the Property. 60.
Attorney's Fees. In the event of any
legal action arising ou
t of this Agreement, th
e prevailing party will
be entitled to recover
its reasonable attorne
y's fees and costs. 61.
Lead Warning Statement.
Housing built
before 1978 may contai
n lead-based paint. Lea
d from paint, paint chi
ps, and dust can pose h
ealth hazards if not ma
naged properly. Lead ex
posure is especially ha
rmful to young children
and pregnant women. Be
fore renting pre-1978 h
ousing, lessors must di
sclose the presence of
known lead-based paint
and/or lead-based paint
hazards in the dwellin
g. Lessees must also re
ceive a federally appro
ved pamphlet on lead po
isoning prevention. 62.
Disclosure of Informati
on on Lead-Based Paint
and/or Lead-Based Paint
Hazards. Prop
erty Manager has no kno
wledge of lead-based pa
int and/or lead-based p
aint hazards in the hou
sing. Property Manager
has no reports or recor
ds pertaining to lead-b
ased paint and/or lead-
based paint hazards in
the housing. 63.
Lessee's Acknowledgment
. Guest has re
ceived copies of all in
formation listed above.
Guest has received the
pamphlet Protect Your
Family from Lead in You
r Home. 64.
Agent's Acknowledgment.
Property Mana
ger has informed the le
ssor of the lessor's ob
ligations under 42 U.S.
C. 4852d and is aware o
f his/her responsibilit
y to ensure compliance.
65.
Certification of Accura
cy. The follow
ing parties have review
ed the information abov
e and certify, to the b
est of their knowledge,
that the information t
hey have provided is tr
ue and accurate. 66.
Subordination.
This Agreement and Gue
st's interest hereunder
are and will be subord
inate, junior and infer
ior to any and all mort
gages, liens or encumbr
ances now or hereafter
placed on the Property
by Property Manager, al
l advances made under a
ny such mortgages, lien
s or encumbrances (incl
uding, but not limited
to, future advances), t
he interest payable on
such mortgages, liens o
r encumbrances and any
and all renewals, exten
sions or modifications
of such mortgages, lien
s or encumbrances. 67.
Radon Gas. Rad
on is a naturally occur
ring radioactive gas th
at, when it has accumul
ated in a building in s
ufficient quantities, m
ay present health risks
to persons who are exp
osed to it over time. L
evels of radon that exc
eed federal and state g
uidelines have been fou
nd in buildings in Flor
ida. Additional informa
tion regarding radon an
d radon testing may be
obtained from your coun
ty health department. < /p>
68.
Mold. Mold is
naturally occurring and
may cause health risks
. Guest is responsible
for maintaining the Pro
perty in a manner that
prevents mold growth. < /p>
69.
Bed Bugs. Prop
erty Manager has inspec
ted the Property for be
d bugs and has found no
evidence of bed bugs.
Guest is responsible fo
r reporting any suspect
ed bed bug activity to
Property Manager immedi
ately. 70.
Asbestos. The
Property was built befo
re 1981 and may contain
asbestos. Asbestos is
a known carcinogen. Gue
st is advised to consul
t with an expert if Gue
st has any concerns abo
ut asbestos. 71.
Smoke Detectors. The Property
is equi
pped with smoke detecto
rs. Guest is responsibl
e for testing the smoke
detectors monthly and
replacing batteries as
needed. 72.
Carbon Monoxide Detecto
rs. The Proper
ty is equipped with car
bon monoxide detectors.
Guest is responsible f
or testing the carbon m
onoxide detectors month
ly and replacing batter
ies as needed. 73.
Fire Extinguisher. The
Property is eq
uipped with a fire exti
nguisher. Guest is resp
onsible for knowing the
location of the fire e
xtinguisher and how to
use it. 74.
Emergency Contact. In case of
emergen
cy, please contact Prop
erty Manager at (929) 4
38-0199 or adminteam@1b
az.com. 75.
Broken Window Addendum.
Guest take fu
ll responsibility for a
ll windows in the prope
rty. I understand and a
gree that if any window
s during occupancy beco
me broken, cracked or d
amaged in any way, I wi
ll take full responsibi
lity in having them rep
aired at my own expense
and none of these expe
nses will be reimbursed
by the owner of the pr
operty. Whether by pass
er-by, act of nature, b
urglary or any other re
ason, I agree I can, wi
ll and should be evicte
d if the broken window
in question is not repa
ired within 24 hours of
being broken. 76.
Governing Law.
This Agreement will be
governed, construed an
d interpreted by, throu
gh and under the State
Laws. 77.
Waiver and Severability
. The failure
of either party to enfo
rce any provisions of t
his Agreement will not
be construed as a waive
r or limitation of that
party's right to subse
quently enforce and com
pel strict compliance w
ith every provision of
this Agreement. If any
provision of this Agree
ment or the application
thereof will, for any
reason and to any exten
t, be invalid or unenfo
rceable, neither the re
mainder of this Agreeme
nt nor the application
of the provision to oth
er persons, entities or
circumstances will be
affected thereby, but i
nstead will be enforced
to the maximum extent
permitted by law. 78.
Time of Essence. Time is of
the essen
ce with respect to the
execution of this Agree
ment. 79.
Estoppel Certificate. < /strong>Guest
will exec
ute and return a guest
estoppel certificate de
livered to Guest by Pro
perty Manager or Proper
ty Manager's agent with
in three (3) days after
its receipt. Failure t
o comply with this requ
irement will be deemed
Guest's acknowledgment
that the estoppel certi
ficate is true and corr
ect, and may be relied
upon by a lender or pur
chaser. 80.
Entire Agreement. This
document const
itutes the entire Agree
ment between the Guest
and Property Manager. T
his Agreement cannot be
modified except in wri
ting and must be signed
by all parties. Neithe
r Property Manager nor
Guest has made any prom
ises or representations
, other than those set
forth in this Agreement
and those implied by l
aw. The failure of Gues
t or its guests or invi
tees to comply with any
term of this Agreement
is grounds for termina
tion of the tenancy, wi
th appropriate notice t
o Guests and procedures
as required by law.
p>
81.
Application. G
uest represents and war
rants that all statemen
ts in Guest's rental ap
plication are accurate.
Any misrepresentations
will be considered a m
aterial breach of this
Agreement and may subje
ct Guest to eviction. G
uest authorizes Propert
y Manager and any broke
r to obtain Guest's cre
dit report periodically
during the tenancy in
connection with the mod
ification or enforcemen
t of this Agreement. Pr
operty Manager reserves
the right to terminate
this Agreement (i) bef
ore occupancy begins, (
ii) upon disapproval of
the credit report(s),
or (iii) at any time, u
pon discovering that in
formation in Guest's ap
plication is false. 82.
Binding Effect. The provisions of thi
s Agreement will be bin
ding upon and inure to
the benefit of parties
and their respective le
gal representatives, su
ccessors and assigns. < /p>
By booking,
Guest have read and agr
eed to all rules listed
in this Agreement. As
head of household, I ag
ree to comply with and
will ensure that all me
mbers and guests of my
household will comply w
ith these rules as well
. Finally, I understand
that if I or any house
hold member or guest to
my unit should fail to
comply with any of the
se rules, the Property
Manager can and should
terminate this Agreemen
t immediately. 83.
Compliance with Regulat
ions. Guest wi
ll comply: (a) with all
present and future cit
y, state and federal la
ws and regulations, inc
luding the Rent Stabili
zation Code and Law, wh
ich may affect the Prop
erty, and (b) with all
orders and regulations
of Insurance Rating Org
anizations which affect
the Property. 84.
Immediate Termination.< /strong> If law
enforce
ment, or regulatory bod
y contacts the property
manager regarding any
investigation involving
the guest, the agreeme
nt will be immediately
terminated, without pen
alties to the property
manager.