|
1. Identification of Manager and Tenant
This Agreement is entered into between Tenant ("Tenant") and Coastal Breeze Holdings LLC DBA Coastal Breeze Vacation Rentals and/or Mountain Breeze Property Management LLC DBA Mountain West Vacation Rentals ("Manager(s)") on date of reservation for Reservation ID provided by the booking agent. The term “Tenant” constitutes the Tenant and all members of the Tenant’s party as which party shall include their guests and invitees, or any and all other persons that access the Premises during the Term (which shall include any additional period of unauthorized use or possession by Tenant). Tenant is jointly and severally liable for the payment of Rent and the performance of all other terms of this Agreement.
2. Identification of Premises, Furnishings and Supplies
Subject to the terms and conditions in this Agreement, Manager rents to Tenant, and Tenant rents from Manager, for residential purposes only, the premises located at property address in reservation together with existing furnishings, appliances and personal property thereon ("Premises") subject to the terms of this agreement and the usage restrictions herein. The Premises is reasonably furnished and equipped for vacation living, including, at the Manager’s sole discretion, quantities of start-up supplies of toilet paper, paper towels, dish and laundry detergent and other common supplies sufficient for a 7 night stay. Guests shall supplement additional supplies as needed during their Term (reservation dates). Quality of furnishings, color schemes, and furnishings and equipment may vary and change at the owner’s sole discretion. The Manager nor the owner shall not be responsible for providing additional furnishings or equipment not available presently in the Premises. In the event the Premises is unavailable for occupancy do to matters beyond the reasonable control of the Manager, as solely determined by the Manager, the Tenant may be provided a substitute premises at the discretion of the Manager per Section 19 of this Agreement.
3. Limits on Use, Age and Occupancy
The Premises are to be used only as a private residence for Tenant. Tenant swears they are authorized to enter into this Agreement and are 25 years of age or older. Children under 14 years of age are not permitted to be left alone in the Premises. Occupancy by more than the maximum occupancy listed on the reservation or advertisement, or the number of persons indicated in the booking reservation is prohibited without written consent and will be considered a breach of this Agreement and Tenant shall be subject to additional fees, loss of any damage insurance or security, additional cleaning charges, or eviction. Tenant agrees to complete a list of all person’s names and ages who will be occupying the Premises. Guests not listed on occupancy form are not permitted on a regular daily basis, are not allowed to stay overnight, and will be considered a breach of this Agreement.
4. Term of the Tenancy
The “Term” of the Agreement shall begin at the Check-in time on the reservation Arrival Date and end at the Check-out time on the reservation Departure Date. The Tenant shall NOT have the option to extend their stay without Manager’s written consent. If Tenant vacates before the Term ends, Tenant will be liable for the balance of the Rent, taxes, pet, cleaning and all applicable fee and charges for the remainder of the Term. Check-in time is 4:00 pm on the day the Term begins and the Check-out time is 10:00 am on the day the Term ends. All times are local standard time for the Premises. There is no refund of Rent for early Check-out. Additional fees will be imposed for early Check-in or late Check-out.
5. Payment of Rent and Credit Card on File
The Rent for the entire Term is due at time of booking if made within 60 days of arrival. If booking is made more than 60 days in advance of arrival, if so desired, Manager may require a deposit, implement installment payment of Rent prior to arrival, require the balance of Rent 60 Days prior to arrival, and a refundable Security Deposit to be paid 30 days prior to arrival. In such case, failure by Tenant to pay Rent in full 60 days prior to arrival will be considered a default of this Agreement, causing the reservation to be void and cancelled, and Tenant may forfeit the deposit on Rent previously paid. Tenant will receive confirmation of payment or deposit upon completing the booking reservation. In the event the Tenant booked the reservation through a third party marketing channel (VRBO, Airbnb, etc.) the terms as stated on those channels shall prevail. Payments of Rents are accepted in U.S. funds only. Tenant also agrees to provide valid credit card information to be held on file for purposes of any folio charges of concierge services, excessive damages, pet fees, and missing or lost items as detailed in this Agreement when requested by the Manager.
6. Rental Insurance and Damage Policy
As part of the stay, Tenant has agreed and purchased non-refundable Damage Protection Waiver plan through their reservation booking, designed to cover unintentional damages to the rental unit interior that occur during the stay provided they are disclosed to the Manager prior to Check-out. The Manager will pay a maximum benefit of $1250 after the use of the Security Deposit on file. Any damages that exceed $1250 or are not covered under the plan will be charged to the Tenant’s credit card on file. If, during the stay, the Tenant causes any damage to the real or personal property of the Premises as a result of inadvertent acts or omissions, the Manager will file a claim with the third party marketing channel and/or pay for the cost of repair or replacement of such property up to a maximum benefit of $1250 after the use of the Security Deposit on file. Certain terms and conditions apply. If the Tenant chooses to purchase renters insurance through an independent company Tenant acknowledges the fees associated with this insurance will not be refunded. The Manager reserves the right to charge the Tenant’s credit card for all uncovered losses and damages, including but not limited to undue or excessive cleaning, eviction, service calls, service charges, fines/assessments, repairs or replacements, and all applicable taxes, missing furnishings or equipment, theft by intruder with no police report, pets in a non-pet friendly Premises, smoking in a non-smoking Premises, extra or excessive utilities used, cable television or phone related charges, extra days Rent, lock out charges, keys or passes not returned, fines due to unlawful, disruptive, or violations of local ordinances, sustained during the Tenant’s occupancy. Tenant hereby authorizes the Manager to charge the Tenant’s credit card and by written or electronic endorsement of this Agreement hereby agrees to pay for all such charges. Tenant agrees to contact the Manager immediately upon arrival should they have concerns or issues with the condition of the Premises. No potential discounts or refunds will be given unless the Manager is notified of a problem with the Premises by Tenant immediately upon arrival and the problem is verified by the Manager and is not reasonably or substantially resolved. Tenant’s silence upon immediate arrival to the Premises is acknowledgment that the Premises meets the basic standards of the advertised Premises for the purpose of this Agreement.
7. Assignment and Subletting
Tenant will not sublet any part of the Premises or assign or transfer this Agreement without the prior written consent of Manager. Manager may assign this Agreement and reservation at any time.
8. Tenant Maintenance Responsibilities
Tenant will: (a) keep the Premises clean, sanitary, and in good condition, set out trash and recycling for pick up on proper days and, upon termination of the tenancy, remove all perishable items from the refrigerator, remove all trash to outside cans and secure, leave no dishes and utensils unwashed or in sink, return the Premises to Landlord in a condition identical to that which existed when Tenant took occupancy, except for ordinary wear and tear; (b) upon entering the Premises, inspect the Premises for defects or dangerous conditions, and immediately notify Manager of such (if any), (c) immediately notify Manager of any defects or dangerous conditions in and about the Premises of which Tenant thereafter becomes aware; and (c) reimburse Landlord, on demand by Manager, for the cost of any repairs or replacement of any property, structure, item, or area, on the Premises damaged in whole or in part by Tenant, any member of Tenant’s party, Tenant's or Tenant’s party’s guests or invitees through (i) misuse, (ii) neglect, or (iii) any reason or method. Tenant acknowledges the cleaning fee is for a standard clean and in the event of any abuse to the Premises exceeds the standard cleaning amount, the difference will be charged to the Tenant’s credit card on file.
9. Right of Entry
The Tenant agrees and authorizes the Manager, its employees, authorized agents, sub-contractors and repairmen to access and enter the Premises at any time to investigate disturbances, check occupancy, inspect for damage, to make such repairs, alterations or improvements at the sole discretion of the Manager.
10. Repairs and Alterations by Tenant
Except as provided by law, or as authorized by the prior written consent of the Manager, Tenant will not make any repairs or alterations of any kind to the Premises, including moving furniture, fixtures or equipment, nail holes in the walls or painting the rental unit.
11. Violating Laws and Causing Disturbances
Tenant is entitled to quiet enjoyment of the Premises. Tenant and guests or invitees will not use the Premises or adjacent areas in such a way as to: (a) violate any law or ordinance, including laws prohibiting the use, possession, or sale of illegal drugs; (b) commit waste (severe property damage); or (c) create a nuisance by annoying, disturbing, inconveniencing, or interfering with the quiet enjoyment and peace and quiet of any other tenant or nearby resident; or violate any county and municipality ordinances including but not limited to pets, and if applicable the Sea Turtle Conservation Code regarding lighting and sea turtle nesting, etc. Tenant expressly agrees to accept full responsibility and pay all fines imposed for any code violation and indemnify Manager fully and completely. Please visit the state, county and municipality websites to access ordinance codes.
12. Pets
No animal, bird, or other pet will be kept on the Premises, even temporarily. In the event a pet is requested by the Tenant, and the Manager with the owner’s permission allows in writing for such pet to occupy the Premises, a minimum fee of Twenty Dollars ($20) per pet per night will be due to the Manager upon execution of the Agreement. For your own comfort and for the comfort and safety of our homeowners and other guests, there are certain restrictions that must apply to pet friendly properties: Pet friendly properties honor dogs only weighing under 25 pounds with a maximum of two (2) pets per property. "Visiting" pets are not allowed. The following breeds are not allowed due to insurance liability: Pit Bulls, Rottweilers, Chows, Akitas, Wolf Hybrids, Staffordshire terriers, Beaucerons, and Dobermans, plus any mix of these breeds or any dog with a history of biting. The pet fee does not cover damage to the property or grounds resulting from a pet, including but not limited to chewing, scratching, digging and unreported house-training accidents. If a pet fee has not been paid but there is evidence of an animal in the house, your credit card will be charged the greater of Thirty Dollars ($30.00) per pet per night or a minimum of Two Hundred Dollars ($200.00), plus Fifty Dollars ($50.00) extra for last minute administration. We are compliant with the Americans with Disabilities Act (ADA) as it applies to "Service Dogs", who are certified and trained to perform a service. Please note the ADA does not cover "Therapy Animals" or "Emotional Support Animals", these animals are not allowed at pet restricted properties. Animals other than dogs are not allowed at our pet friendly properties, including but is not limited to: cats, birds, reptiles, pigs, ducks and monkeys. If a pet other than a dog is found in or on the premises, you will be asked to vacate immediately with no refund of any payments and penalty fees apply. The pet fee does not cover removing pet waste so please clean up all pet waste daily and upon departure and additional fees may be charged for waste removal. Tenant must always keep your dog leashed and under control. The Manager and owner shall be held harmless from all claims or causes of actions arising from but not limited to damage or physical injury caused by a dog. Tenant is responsible to have your dog up to date on all shots and vaccinations including but not limited to tick and flea treatment. All local laws and regulations must be followed and may vary depending on the location of the Premises. Dogs are prohibited from pool areas and from areas where guests walk barefoot.
13. Possession of the Premises
The Manager reserves the right to substitute comparable accommodations should the Premises become unavailable due to any circumstance whatsoever. However, the Manager cannot guarantee the Rent rate. Tenant reserves the right to accept or refuse the substitute accommodations and Rent rate per Section 19 of this Agreement.
a. Tenant's failure to take possession.
If, after signing this Agreement, Tenant fails to take possession of the Premises, Tenant will still be responsible for paying full rent and taxes for the entire Term and complying with all other terms of this Agreement.
b. Manger's failure to deliver possession.
If Manager is unable to deliver possession of the Premises or a substitute premises per Section 19 under this Agreement at the onset or any time during the term of this Agreement to Tenant for any reason not within Manager's direct and complete control, including, but not limited to sale of the Premises, mechanical or structural failure, acts of God or other including partial or complete destruction of the Premises, Tenant will have the right to request termination this Agreement upon written notice to Manager. Manager has Fifteen (15) days, or to the date of onset of the term of this Agreement, to rectify the problem and make the Premises substantially whole. If the Premises cannot be made substantially whole and is not available for occupancy on the date of onset of the term of this Agreement, the Manager has the right to substitution per Section 19 under this Agreement. If Manager fails to provide accommodation under Section 19 herein, and upon Manager written notice by electronic email to Tenant to terminate this Agreement, Manager shall issue a refund and the Manager’s liability to Tenant will be limited to the return of Rents previously paid, prorated from start of Term to the date of failure, and Manager shall have no ongoing or additional liability to Tenant in anyway whatsoever.
14. Swimming Pools/Spa (“Pool”), Amenities and Extras
Tenant hereby agrees to the following terms for the use of private or common POOL and SPA amenities:
a. If applicable, Tenant has been notified and hereby understands and acknowledges and agrees to inform all of Tenant’s party members, Tenant’s guests, invitees or any other person upon the Premises PRIOR TO ANY USE OF THE POOL or SPA by any such person, that: USE OF POOL AND SPA IS AT THE USER’S OWN RISK, NO LIFEGUARD IS ON DUTY, THE POOL AND SPA HAS SHALLOW WATER and NO DIVING, NO JUMPING, NO RUNNING or other dangerous actions in and around a shallow water Pool is allowed. Tenant agrees to provide adult supervise of children at all times, keep all gates leading to the Pool area and Pool closed and secured, no dogs in the Pool, no glass or breakable objects in the Pool area, ensure children wear swim diapers not regular diapers, no balloons Pool side which can cause expensive repairs that are not considered accidental, and no small toys in Pool area, and obey the Pool rules and use times posted. There is no guarantee the Pool will be heated to a temperature of the Tenant’s desire or that the Pool will be operable at the time of the stay. No refunds or rent reductions are provided if the Pool is closed or inoperable. The Pool is cleaned and serviced regularly. Tenant is responsible to notify the Manager of any issues or concerns about the operation of the Pool.
b. If applicable, open and close times of pools, spas, tennis courts and other amenities are at the sole discretion of the association or mangers of the complex in which the amenities exist.
c. Tenant agrees to ensure that all of Tenant’s party members, Tenant’s guests, invitees or any other person upon the Premises, use the Premises, including but not limited to the inside and outside areas, pool deck, roof deck, docks, waterway, lanai, tiki hut, pool and spa/whirlpool, and any other areas, personal property, or aspects associated with the Premises, in a conventional and safe manner and the safety and well-being of any Tenant’s party members, Tenant’s guests, invitees, or any other person upon the Premises is the sole responsibility of the Tenant.
d. If applicable, light use of the dock associated with Premises for fishing or sitting by Tenant is permitted. Mooring of a watercraft is only allowed with written permission of the Manager and may result in additional fees to the Tenant. Manager cannot guarantee the safe and legal mooring of a watercraft and is not responsible for damage, theft, fees or fines imposed by agencies, municipalities, associations and other that enforce such rules. It is the Tenant’s sole responsibility to comply with local and state ordinances and regulations when mooring a watercraft. If desired or necessary, the Manager may require Tenant to remove the watercraft immediately. Any fines associated with mooring or operating of a watercraft is the sole responsibility of the Tenant.
e. Tenant shall not and shall prevent all other persons from (i) adjusting the lanai screens, or (ii) using kayaks, bikes or other owner equipment located on the Premises with the exception of a gas or charcoal grill, and (iii) moving furniture.
f. Tenant shall not take lounge chairs or bath towels to the beach, Pool or Spa. If provided and the Tenant takes chairs and beach towels to the beach, they must be returned to the Premises each night. Tenant acknowledges their credit card on file will be charged a minimum of Fifty Dollars ($50) for each missing chair and a minimum of Thirty Dollars ($30) for each missing towel and Tenant agrees to pay for such missing items unconditionally.
15. Additional Provisions
Additional provisions are as follows:
a. Check-in time is 4:00 pm on the first day of the Term and Check-out time is 10:00 am local standard time on the last day of the Term. Tenant agrees to follow arrival and departure instructions sent separately and depart the Premises on or before the Check-out time or be subject to immediate eviction, fee or fines, and additional rental fees at a rate double the current standard rate pro-rated hourly. No refunds for early Check-out.
b. Manager will make a reasonable attempt to provide water, electricity, cable television and wireless internet service to the Premises. However, as Manager does not fully control the delivery of these services, Landlord is not responsible for disruption, loss of service(s) or non-functioning of service(s). In the specific case of cable television and wireless internet, Tenant waives right to refund of Rent, or a portion thereof, for such service(s) loss or disruptions.
c. Manager is not responsible for loss of personal property and Tenant acknowledges that the Premises is not equipped with a security system for Tenant’s use.
d. Linens, towels, pillows and blankets are the property of the Manager or owner of the Premises and provided for the convenience of the Tenant only during their occupancy. They are made available only for indoor use or use around a pool on the Premises. Missing linens, towels, pillows and blankets may subject the Tenant to a fee charged to their credit card and Tenant agrees to pay for such missing items unconditionally. Tenant agrees to wash their personal laundry separate from Manager or owner items.
e. Tenant agrees to be responsible for repair and service calls from plumbing failures and clogs during occupancy and those resulting from use and misuse by Tenant, Tenant’s guests, invitees and any other person, including but not limited to feminine hygiene products, grease, sand and other articles or agents that commonly cause plumbing failures.
f. Tenant agrees to follow all emergency evacuation notices by City, County, State and Federal authorities.
g. If applicable, Tenant shall not and shall prevent all other persons from using, climbing on, standing on or in, and boarding, in anyway whatsoever, boat lifts and boats stored on boat lifts and/or on the Premises.
h. Tenant agrees Radon Gas is a naturally occurring radioactive gas that may present health risks to persons who are exposed to it and that levels of Radon Gas that exceed federal and state guidelines have been found in buildings in where the Premises exists and Tenant occupies the Premises at their own risk.
i. Tenant understands Lead Paint may exist in the Premises and may present health risks to persons who are exposed to it and Tenant occupies the Premise at their own risk.
j. Tenant acknowledges receipt of, and agrees to sign (if necessary) and abide by, all City, County and State rules for rentals rules and ordinances, including Quiet Hours from 9:00 pm until 9:00 am local standard time daily with no exceptions. Tenants will be considerate of neighbors and if excessive noise occurs the County Sheriff or local Police will be called to the Premises and the tenancy will be terminated and subject to eviction under Federal, State and Local statutes. Tenant cooperation in maintaining a friendly and considerate relationship with neighbors is expected.
k. If applicable, Tenant recognizes a locked owner’s closet and storage chest exist on the Premises that shall not be opened.
l. Tenant agrees no smoking, vaping, use of oil lamps, incense or other long-lasting odors in or on the Premises. Punitive fines and additional cleaning fees will be charged if any of these items are found present in or on the Premises. The cleaning fee included when booking the reservation is for a standard cleaning only. Any excess cleaning fees required due to Tenant misuse, abuse or neglect will be the Tenants responsibility.
m. Tenants, guests and invitees, or any other person will not flush feminine hygiene products down toilets. Tenant is responsible for any costs of repair and additional fees for plumbing failures and clogs due to failure of following this provision, regardless of their direct knowledge of the event leading to the failure.
n. Tenant agrees not to hold gatherings, parties or other events that exceed the occupancy limits of the Agreement and violate the public nuisance rules and laws, including but not limited to exceeding loudness ordinances, violating alcohol and drug laws, or other such unlawful acts and acknowledges Tenant is subject to immediate removal from the Premises, forfeits all fees associated with the Agreement, and is liable for all damages, lawsuits, safety of occupants and all guests, applicable fees and fines associated with their actions whether imposed by the Manager or City, County, or State law enforcement of judicial agency.
o. The Manager and owner will not be held responsible for acts of vandalism or other damage to Tenant’s personal property or theft thereof.
p. No motor homes, trailers, campers, other equipment beyond standard light passenger vehicles are allowed on the Premises or access road. Any fines resulting from breaking this provision shall be the responsibility of the Tenant.
q. Tenant understands the Premises may be for sale and may be shown with reasonable notice. Tenant is advised that Manager may operate as an agent for the owner of the Premises and will be paid a commission by the owner.
r. Tenant agrees to maintain ceiling fan and television remote controls in the room they are used and accepts a minimum of a One Hundred Dollar ($100.00) per remote control charge should they become lost and not found upon the end date of the term of this Agreement.
s. Tenant agrees to have an automatic charge to their credit card on file for any pay-per-view or on-demand charges that occur on the service bill during the term of this Agreement plus an additional $100 service charge by the Manager.
t. Tenant acknowledges all appliances and equipment, including propane or charcoal grills, are dangerous and to be used at Tenant’s own risk and Tenant must determine the safe usability before operation and will not hold Manager liable for any injury, damage or death that may occur as a result of such use and operation.
u. Tenant acknowledges that dangerous weather and weather related conditions, including but not limited to flooding, high winds, hail, torrential rain, falling trees and debris, snow, ice, and icicles can be present at any time and Tenant is solely responsible for their own safety and must determine the safe navigation of such weather related conditions and will not hold the Manager liable for any injury, damage or death that may occur as a result of such conditions.
16. Indemnification and Waiver of Liability and Hold Harmless Agreement
Tenant hereby agrees to indemnify and hold the Manager, vendors, subcontractors, owners of the Premises, owner’s spouse, family members, heirs, successors and assigns (collectively, “Indemnities”), harmless legally, financially, and in every other way from claims (whether made by Tenant, a member of Tenant’s party, Tenant’s guest, invitee, or any other person) against any of the Indemnities for any injury, loss, damage, or cost of any kind whatsoever, including death, without regard to whether due to the negligence or gross negligence of any Indemnities. Tenant further acknowledges and agrees to the terms of the Waiver of Liability and Hold Harmless Agreement in the form of Attachment A hereto and agrees to accept such Waiver of Liability and Hold Harmless Agreement and provide to the Manager within 7 days from the date of the booking reservation and before arrival. By written or electronic endorsement of this Agreement and the attached Waiver of Liability and Hold Harmless Agreement the Tenant, Tenant’s guests, invitees or any other person, hereby agree to forever hold-harmless and indemnify Coastal Breeze Holdings LLC DBA Coastal Breeze Vacation Rentals and/or Mountain Breeze Property Management LLC DBA Mountain West Vacation Rentals, the Managers, vendors, subcontractors of the Managers, the owner of the Premises, owner’s spouse, any other owner of the Premises, their heirs, beneficiaries, assignees or transferees from and against all claims, demands, loss, liability, responsibility of any kind and character, including the cost of defense arising out of or in any way connected with the Tenant’s use of the Premises including but not limited to materials used in the manufacture of the Premises and/or its contents, allergic reactions caused or permitted to be caused, by mold and/or airborne spores from carpeting, utensils, fixtures, pools, spas, and/or other equipment or materials in or about the Premises.
17. Indemnity of Third Party(s)
The Indemnities hereunder are third party beneficiaries to this Agreement and each Waiver of Liability and Hold Harmless Agreement and are entitled to the rights and benefits hereunder and may enforce the provisions hereof as if they were parties hereto.
18. Grounds for Termination of Tenancy
The failure of Tenant to (i) fully execute and return this Agreement along with the Waiver of Liability and Hold Harmless Agreement as provided in Section 16 above within 7 days from the date of booking the reservation and before arrival, or (ii)Tenant, Tenant's guests or invitees failure to comply with any term or provision of this Agreement, or the misrepresentation of any material fact on Tenant's rental application, is grounds for termination of the tenancy and forfeiture of Tenant’s Rent at the Manager’s sole discretion, with appropriate notice to Tenant and procedures as required by law. Notwithstanding any termination of the tenancy, each Waiver of Liability and Hold Harmless Agreement shall survive and shall continue in full force and effect.
19. Substitution of Premises & Waiver
Despite the best efforts of the Manager, and at the sole discretion and determination of the Manager, the Premises may not be suitable for Tenant to occupy for reasons including but not limited to plumbing, electrical, air conditioning, damage, software errors in booking, sale of premises, etc. In such case, the Manager reserves the right to substitute the Premises with a reasonable equivalent premises at the sole discretion of the Manager. If a substitute premises is not available, the Tenant may choose from an available premises at an adjusted Rent rate or may request in writing a refund per Section 13 herein. In this event, the Manager shall not be liable for any consequential or secondary circumstances and costs to the Tenant, including but not limited to relocation expenses, travel expenses or any other loss. The Tenant acknowledges and agrees the Manager does not assume any liability for loss, damage or injury to any persons or their personal property, temporary defects, including but not limited to stoppage in supply of water, gas, electricity, outside noise from construction or other sources, plumbing, cable, internet or any other premises system of provided service, or any loss or damage caused by weather conditions, natural disasters, acts of God or any other condition beyond the direct and reasonable control of the Manager. Should litigation or a credit card chargeback by Tenant arise from this Agreement, the prevailing party shall be entitled to recover all costs, including but not limited to reasonable attorney fees, and each party agrees to be bound by this provision.
20. Refunds and Cancellations
The Tenant agrees any refund will only be issued per the Manager’s own policy and agreed policy with the third party booking channel in which the reservation was made. In extreme circumstance only, the Tenant may request a refund from the Manger in writing. Any approval of refunds is at the sole discretion of the owner of the Premises and not the Manager. Any such refund is subject to a Three Hundred Fifty Dollar ($350.00) cancellation administrative fee imposed by the Manager. In the event of a hurricane, tropical storm threat, blizzard, winter storm threat or other weather event, if the Tenant elects to not show or to leave prior to any formal evacuation notice, any refund to Tenant would be at the sole discretion of the Manager. If a formal government issued evacuation order is given for the immediate area, the Tenant will receive a pro-rated refund for any unoccupied nights for nightly rate basis and applicable taxes only. The refund may exclude some fees for which the Tenant is solely responsible for paying.
21. Tenant Responsibility and Acknowledgement
Tenant bears full responsibility to abide by all terms and conditions as stated in this Agreement and any other agreements as required by the Local Municipality, County and State as provided by Manager. Tenant acknowledges the use of the Premises is at their own risk and the Manager or owner will not be held responsible for any injuries that occur at the Premises or for any lost or stolen items. By making this reservation, the Tenant acknowledges receipt and acceptance of this Agreement and all its terms. Tenant agrees and acknowledges the management services owned and operated by Coastal Breeze Holdings LLC DBA Coastal Breeze Vacation Rentals and/or Mountain Breeze Property Management LLC DBA Mountain West Vacation Rentals and the Premises is registered by the Manager and owner as a vacation rental under Florida Statute 509.242(1)(c) transient public lodging establishments and Utah statutes. If for any reason it becomes necessary to bring a law suit against Tenant concerning any default in the Terms of this Agreement, the Tenant shall be solely liable for all costs of such suit incurred by the Manager and owner of the Premises, including but not limited to cost of Manager's time, staff and resources, and reasonable attorney’s fees.
22. Errors, Inclusions and Omissions
Every effort is made by Manager to ensure the information about the Premises and surrounding location is accurate and complete but is not guaranteed. The Manager or owner are not responsible for any inadvertent errors, inclusions or omissions or changes to the property.
23. Entire AgreementThis document including the Waiver of Liability and Hold Harmless Agreement(s) constitute the entire Agreement between the parties, and no promises or representations, other than those contained herein and those implied by law, have been made by Manager and Tenant. Any modifications to this Agreement must be in writing signed by Manger and Tenant.
Please see ATTACHMENT A - WAIVER OF LIABILITY and HOLD HARMLESS AGREEMENT below.
[THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK]
ATTACHMENT A
WAIVER OF LIABILITY and HOLD HARMLESS AGREEMENT
1. In consideration for receiving permission to rent and/or use the premises, together with existing furnishings, appliances and personal property thereon (the "Premises") pursuant to the terms of the Residential Rental Agreement, as a Tenant, or as an invitee or guest of Tenant, I hereby RELEASE, WAIVE, DISCHARGE and COVENANT NOT TO SUE Coastal Breeze Holdings LLC DBA Coastal Breeze Vacation Rentals and/or Mountain Breeze Property Management LLC DBA Mountain West Vacation Rentals, any vendors, subcontractors, the owner of the Premises, owner’s spouse, any other owner of the Premises, their heirs, beneficiaries, assignees or transferees (hereinafter referred to as RELEASEES) from any and all liability, claims, demand, actions and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me, or any of the property belonging to me, whether caused by the negligence, gross negligence or otherwise of any of the Releasees, while in, on, near or related to the Premises or use of the Premises.
2. I further hereby AGREE TO INDEMNIFY AND HOLD HARMLESS the RELEASEES from any and all claims, losses, damages, demands, actions and causes of action, including all associated costs and attorney’s fees whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me, my guests, invitees or any other person, or any of the property belonging to me or any of such persons, whether caused by the negligence or gross negligence, or otherwise of any of the Releasees, while in, on, near or related to the Premises or the use of the Premises.
3. It is my express intent that this Waiver of Liability and Hold Harmless Agreement shall bind the members of my family, spouse, heirs, beneficiaries, and guests, and that all of the Releasees are intended to be beneficiaries of this Waiver of Liability and Hold Harmless Agreement whether or not signatories hereto. I hereby further agree that this Waiver of Liability and Hold Harmless Agreement shall be construed in accordance with the laws of the State of Florida.
4. IN RECEIVING OR SIGNING THIS DOCUMENT, I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing Waiver of Liability and Hold Harmless Agreement, understand it and sign it voluntarily as my own free act and deed; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this Waiver of Liability and Hold Harmless Agreement, for full, adequate and complete consideration fully intending to be bound by same.
5. The use of the word “I” in this Waiver of Liability and Hold Harmless Agreement, shall not limit the application or enforceability of this Agreement in any way and the Agreement applies to the Tenant, Tenant's guests, invitees and any other person occupying or visiting the Premises.
|
