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Vacation Rental Agreement Thank you for choosing Island Breeze Vacations. Please take good care your vacation home, respect your neighbors, and most of all, have fun! -Kasey Platt (Director of Fun) PARTIES. This Agreement is between Island Breeze Vacations and its agents (“VRM”) and (“Guest”). Guest Information: Email address: Home address: Cell Phone: GENERAL TERMS. The terms of this agreement include the terms contained in: This agreement. Online agreement or terms, confirmation, directions, instructions (check-in, checkout…), house rules, and similar documents. Condominium or homeowners’ association rules and applications, including required approvals. Options, optional agreements, and waivers. Guest Information Form. Should any conflicts arise, the terms of this agreement shall prevail. PROPERTY (“THE PROPERTY”). Address: Bedrooms | Bathrooms: Property Name: CHECK-IN DATE |TIME: 4 PM CHECKOUT DATE: | TIME: 10 AM PAYMENTS & CHARGES. Payments are pursuant to the online agreement. Payment. Visa, MasterCard, and Discover are accepted. A down payment of 25% of the total amount due plus travel insurance premiums are due at the time of reservation. Balance. The balance is due 60 days prior to the Rental Period and will charged to your card on file unless payment by check, postal money order, or bank draft or received prior to the payment due date. Reservations made within 60 days of the Rental Period require payment in full. Travel Insurance. Travel insurance is recommended if you have any concerns about our refund policies. It is available if purchased at the time of reservations at https://islandbreezevacations.rentalguardian.com/ Initials Credit Card Documentation & Authorization. Copies of both sides of the credit card used for payment and government issued photo ID are required and must match the registered Guest. Regardless, Guest authorizes VRM to charge the card on file for any payment due pursuant to this agreement. Chargebacks. Guest waives any right to dispute a credit or debit charge, request or demand a chargeback, or dispute that a detailed item description was provided, contact information was clearly and prominently displayed, and grievance policy instructions were provided. Initials Cancellations & Changes. A cancellation fee in the amount of all related payments received applies to all cancellations, for non-payment, and for not occupying the property, unless made at least 60 days prior to the rental period when a $250 cancellation fee applies. Changes, when available, require approval, a $250 fee, plus any rent or fee increases. Reservations will be cancelled without refund if Guest provides false information during the reservation process. There are no refunds for unused days, unmet expectations, problems with the house, unless they render the house useless, bad weather, natural disasters, or personal or other reasons. Rescheduling will be permitted, but not refunds, when required by law, due to a mandatory evacuation of the rental property or legally defined impracticality, impossibility, or frustration of purpose, provided the reservation is rescheduled before the original scheduled arrival date, payment is made for any rate increase, and the new arrival date is Island Breeze Vacations 12220 Overseas Hwy | Marathon, Fl 33050 [email protected] | 305 204 4326 within 1 yr. VRM reserves the right to cancel reservations and refuse service to anyone, to the extent permitted by law. TECHNOLOGY NOTICE. Smart home technology is used to ensure policy compliance by Guest and may include the following remotely monitored devices: Thermostats. Door locks. Pool/Spa heater controls. Number of wi-fi users. Decibel meter. OCCUPANCY. Maximum occupancy applies 24/7 and is 2 guests/bedroom + 2 additional guests. (Primary, contracting) Guest must be at least 25 yrs. old or an active member of the military, and an occupant of the Property. ADDITIONAL CHARGES AND FORFEITURES. Guest is not entitled to a refund, partial or otherwise, if removed or ejected from property for violation of this agreement. Guest will be charged what is agreed to be nonpunitive amounts, as listed below for the following occurrences: $500 for each unauthorized animal or each 4 hours or portion thereof of late checkout. $150 for early check-in, each invitee or licensee who is unauthorized or in excess of the occupancy limit, failure to return keys/passes/fobs/passes, failure to keep pool gates & doors secured; violating terms concerning pool equipment including pool alarm (which is a crime), air conditioning, smoke detectors, outdoor furniture, cleaning including dishes & trash, extra cleaning due to Illness of an occupant, non-emergency use of fire extinguishers, and similar acts & omissions. The invoiced amount plus $50 for odor removal due to smoke or otherwise, fines/citations/penalties, replacement of missing/moved items, damages not covered by the Limited Damage Waiver, stains, bed bug treatment, technical support, long distance phone calls, and pay-per-view purchases. GRIEVANCE POLICY. Please contact us immediately with any complaints or concerns. We will do all we can, within policy & reason, to accommodate you. That’s our guarantee! Guests have a duty to report any complaint immediately and allow a reasonable time to cure. Claims are otherwise waived. POOL POLICIES. Pool Heat. Pools may not heat as desired & may take up to 48 hrs. to reach maximum temperature. Spa heat not sold separately. There are no refunds for dissatisfaction with pool heat. Pool Safety. Running & diving are prohibited. Children, of any age, are not allowed in the pool area without adult supervision. Any safety netting & pool alarms must be used at all times and doors must be kept closed & locked. Any safety concerns, including if any equipment, pool alarms, safety netting or locks, are not working properly must be reported immediately to VRM. ANIMALS. Pet Policy. Pets are not allowed without written authorized by VRM and payment of a $150 pet fee. Emotional Support Animals (ESA’s). ESA’s require a written request at the time of reservation which includes official documentation of a diagnosed disability, unless readily apparent. Service Animals. Service Animals, as defined by §413.08, Fla. Stat. (2022) & including animals in training, require a written request at the time of reservation. No documentation is required but a person who knowingly and willfully misrepresents herself or himself as being qualified to use an emotional support or service animal commits a misdemeanor of the second degree, punishable as provided in 775.082-083, Fla Stat. (2022). Removal. VRM reserves the right to remove any animal for inappropriate behavior. NOISE. The Property is in a residential area. Compliance with the local code is required. Quiet Hours are 10 PM- 7 AM. HEALTH AND SAFETY CONCERNS. Lead & Radon. There is no known lead or radon hazards. Wildlife. Florida wildlife can be dangerous. Be cautious. Bed Bugs. The Property has been inspected to prove no bed bugs are present. No bed bugs were reported by the previous Guest. Therefore, the presence of any bed bugs is presumed to have been caused by Guest, absent clear & convincing proof otherwise. If found, Guest must vacate the property immediately without refund and pay for treatment to remove the bed bugs. Allergens and Aggravants. Houses are cleaned according to professional standards. Guest assumes responsibility to remediate any symptoms resulting from allergies or aggravants, including mild mold problems. Smoking and Vaping. Smoking & vaping are prohibited on Property, including outside. NOTICE. Notice to VRM is proper only if emailed to [email protected] and to Guest’s email address of record. PROPERTY ACCESS AND USE. Supplies. Only very basic of supplies are provided. Guest is responsible for all else. Access by VRM. VRM may enter the Property as reasonably necessary to inspect, service, and for real estate purposes. Reasonable notice will be provided, unless the matter is urgent. Parking. RV’s, campers, buses, & all non-passenger vehicles are prohibited. Commercial Use. Commercial use of the Property is prohibited. Air Conditioning. Setting air conditioning below 74° or heat above 78°, changing fan from Auto, or leaving doors, windows, or blinds open is prohibited. Safe Use. Guest must comply with all laws and rules. Fireworks, gas grills, and candles are prohibited. Guest must report chirping alarms to VRM immediately. Furniture cannot be moved. Alarms & smoke detectors cannot be tampered with. Social Functions on the Property. Parties, groups, gatherings, events, or other social functions are prohibited and violation will result in removal of all persons by law enforcement and cancellation without refund. On-Site Services. Any on-site services require written consent by VRM. Maintenance. Pre-arrival inspections ensure cleanliness and good repair of the Property. Guest must provide notice of any problems immediately upon the time a reasonable person would have discovered the problem, or Guest waives any related claims. Responses shall be made as VRM reasonably deems appropriate. Absent gross negligence by VRM, faulty equipment, appliances, cable, internet & phone services; temporarily interrupted utility service; bugs; noise, construction, a warm refrigerator, wear & tear of the Property, a cold pool, or; inclement weather, a need for spot cleaning, sea grass in the canal, the smell of sea grass, and other similar circumstances do not constitute breach of contract. Service charges resulting from a false or unnecessary report by Guest, as reasonably determined by the service provider, shall be charged to Guest. Garbage. Guest must separate trash and recyclables and take the curb the night before each assigned pickup day. PARTY RESPONSIBILITY. Risk of Loss. Each party shall be responsible for loss, damage, or injury caused by his/her/its own negligence or willful conduct, & concerning Guest, caused by Guest’s licensees & invitees. Insurance. Each party must carry appropriate insurance. Lost or Stolen Property. VRM is not responsible for lost or stolen property. Property left on Property is deemed abandoned if good faith attempts to return it for a reasonable fee fail. Default Status of Persons. Guest agrees to not take any action to establish non-transient status and waives defenses to all persons on Property having transient status pursuant to § 82.045 Fla. Stat. (2017). Grounds for Removal. Guest agrees VRM has the right to remove any persons in violation of § 509.141 Fla. Stat. (2017), and agrees to vacate, agrees VRM has the right to remove Guest & Guest’s party for breach of this agreement, and Guest will receive no refund and waives any statutory or other right to a refund. Remedies. The maximum remedy for failure to provide reserved accommodations is a prorated refund. There are no free upgrades due to unavailable accommodations. As Is Condition. The house is rented as is. VRM warrants property quality only in that it satisfies legal & express contractual requirements, notwithstanding any pictures and representations otherwise which were provided in good faith. Guest waives his/her/its right to claim the property was not as described. LEGAL TERMS. Entirety. This is the entire agreement, unless provided otherwise herein, superseding all related previous negotiations, agreements, and UCC implied terms. Headings. Headings are solely for convenience. Interpretation. This agreement shall not be construed in favor of the non-drafting party. Modification. Only Jo Grego has authority to modify this Agreement, and can do so only in writing, except this agreement automatically modifies to comply with any laws. Assignment. Any attempted assignment, delegation, or sublease of this Agreement by Guest is invalid. Severability. If any provision of this Agreement is invalid or unenforceable, it shall, to the extent reasonable, be construed or applied in such a manner as will permit enforcement; otherwise, this Agreement shall be construed as if that provision had never existed. Warranties. No warranties exist unless expressly stated herein. Discretion. VRM has sole discretion concerning determination of breach or remedy, subject to good faith and adherence to usual and customary practices in the vacation home market. Reliance. Guest acknowledges that he/she/it has not relied upon any current or prior representations or understandings and waives any related rights or claims. Performance. VRM is excused from performance when made impracticable by the occurrence of a contingency, the non-occurrence of which was a basic assumption on which the contract was made. Waiver. No breach of this Agreement will be waived without the express written consent of the party not in breach. Indemnification, Etc. Guest shall defend, hold harmless, and indemnify VRM, its affiliates, and its respective officers, directors, agents, and employees from any and all 3rd party claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, arising out of, or relating to Guest’s rental under this Agreement, including for pre-litigation and non-litigation legal fees, and including for claims by Guest’s invitees and licensees. Remedies. The maximum remedy for breach or other actions connected to this contract, unless expressly provided otherwise herein, is actual direct financial losses, and as governed in this agreement, reasonable attorney’s fees & costs, which is agreed to be an adequate remedy. Regardless of the failure of the exclusive remedy, VRM will not be liable for consequential or incidental damages. Liquidated Damages. The parties agree liquidated damages herein constitute non-punitive & difficult to forecast damages. Chargebacks. Guest waives any right to dispute a credit or debit charge, request or demand a chargeback, or dispute that a detailed item description was provided, contact information was clearly and prominently displayed, and grievance policy instructions were provided. Arbitration. The parties agree to settle any disputes over $15,000 by binding arbitration. AAA rules apply unless in conflict with terms herein Forum. The 16th Jud. Cir. of FL shall be the exclusive forum for any claims related to this agreement. Choice of Law. Claims shall be governed by the laws of FL to the exclusion of all other laws, conflict of law principles, and legal theories. Jury and Class Action. The parties waive their rights to jury trials and class action suits. Attorney’s Fees. VRM shall be entitled to reasonable attorneys’ fees & costs from Guest for defending chargeback demands, negative public, social media, BBB claims, administrative, or other complaints and arbitration, litigation arising out of this agreement or otherwise. 3rd Party Beneficiaries. No party has 3rd party beneficiary rights under this agreement. Any benefits received are incidental. Data Usage. Guest consents to use by VRM of its data, subject to the law. Confidentiality. Guest agrees to not communicate with code or law enforcement regarding their accommodations. Counterparts. This Agreement may be signed in counterparts. Monthly Statement Dispute Time Limitation. Any dispute regarding a monthly statement must be made within 30 days of receipt of the statement, while evidence is reserved. The Guest consents to a background check and agrees that satisfactory results are material provision of this agreement and Guest agrees to have informed consent of all members of Guest’s party to be bound by the terms of this agreement. For Emergencies, Dial 911. Guest Date On Behalf of VRM Date © Keith Brady Law; By submitting this Guest List, I certify that I have read and agree to the Terms and Conditions above. Names of all persons who will be occupying the house during my stay: Your email address: <ol> <li><a>Name __________________________ Age ___________</a></li> <li>Name __________________________ Age ___________</li> <li>Name __________________________ Age ___________</li> <li>Name __________________________ Age ___________</li> <li>Name __________________________ Age ___________</li> <li>Name __________________________ Age ___________</li> <li>Name __________________________ Age ___________</li> <li>Name __________________________ Age ___________</li> <li>Name __________________________ Age ___________</li> <li>Name __________________________ Age ___________</li> <li>Name __________________________ Age ___________</li> <li>Name __________________________ Age ___________</li> <li>Name __________________________ Age ___________</li> <li>Name __________________________ Age ___________</li> <li>Name __________________________ Age ___________</li> <li>Name __________________________ Age ___________</li> </ol> Are you a smoker? Yes _____ No ____ Are you bringing a dog? Yes _____ No _____ Please refer to the property weight & number restrictions (max 2 dogs per home). Breed: ________________ Weight:_________ Age: ______ Name: __________________ Breed: ________________ Weight:_________ Age: ______ Name: __________________ Are you bringing an RV, boat, motor home, truck, motorcycle, trailer or erecting a structure larger than an 8ft. by 8 ft. canopy? You may not in any circumstances use an RV or Boat as sleeping or living accommodations. Yes _____ No _____ Please supply details: ___________________________________________ Will you be bringing a boat? Please supply details: Some properties but not all have 30amp or 50amp power for larger boats: Please specify if you need such accommodations (there will be an additional fee if extra power is requested). Please note that not all docks will have shore power and may not be suitable for your vessel if such power is needed. Are you coming for a wedding or Special Event? Yes _____ No _____ Please supply details: This is a true and accurate list of all guests, pets and vehicles that will be staying at this unit. Outside visitors are not permitted without permission. Parking is an issue with most of our Keys Homes. Please be sure that all vehicles are parked on the property that you rented. AGREEMENT: **In placing a deposit to reserve any property with IBV, Guest certifies that he/she has read and agrees to all terms of this agreement, conditions and policies set forth within. Each confirmation also includes all of these terms, conditions and policies. To confirm your reservation, you must either e-sign, scan, or fax this executed agreement within 72 hours of receipt. Guest Signature: Date: Guest Signature: Date: Please provide your credit card information below. This must match the credit card used to pay for the reservation. Name as it appears on card: Last Four Digits: Exp. Date: CVN#