SHORT TERM RENTAL AGREEMENT
Our rental terms and conditions are defined below. Please review before booking.
ACKNOWLEDGMENT. Guest acknowledges they have reviewed and understand the terms of this agreement and the rental rules and agree to be bound thereby. This is a vacation rental agreement. Going ahead with the booking, or payment of money or taking possession of the property after receipt of the agreement, is evidence of your acceptance of the agreement and your intent to lease the property for a vacation rental on the specified terms.
For good and valuable consideration, the sufficiency of which is acknowledged, the parties hereby agree as follows:
1. Property. The property is furnished and includes fitted kitchen, washing machine, ironing board, linen, towels, hairdryer, television, wifi access to internet.
2. Rental Party: The rental party shall consist of Guest and other persons named by Guest and advised to Homeowner. No further persons are permitted to stay or to use any of the recreational facilities.
3. Maximum Occupancy: The maximum number of guests is limited to 5 persons. Maximum of 4 adults.
4. Term of the Lease. The lease begins and ends at times and dates defined on the booking confirmation.
CHECK IN will be after 3:00 P. M. on the arrival date unless otherwise specified on the booking confirmation. No early check in.
CHECK OUT on the date of departure will be by 11:00 AM unless otherwise specified on the booking confirmation. Unless late check out has been agreed in advance in writing late check out cannot be accommodated. Late check out will be billed at $100 for each full hour after checkout time.
5. Booking and Reservation Deposit:
This agreement shall not be binding unless and until the Owner has received the Reservation Deposit, all transfers have cleared the bank.
6. Minimum Stay: This property requires a 5 night minimum stay. Longer minimum stays may be required at certain periods.
7. Rental Rules: Guest agrees to abide by the Rental Rules attached as Exhibit A at all times while at the property and shall 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 shall allow Homeowner access to the property for purposes of repair and inspection. Homeowner shall exercise this right of access in a reasonable manner.
9. Rental Rate and Fees: Payment policy is as defined on the web site through which the booking was made. If booking was made direct with Owner then following policy applies:
a. Damage Deposit: A damage deposit of $300 (or equivalent in currency of payment) will be included in the total cost.
The deposit is for security and shall be refunded within 15 days of the Checkout Date provided no deductions are made due to:
i. damage to the property or furnishings;
ii. dirt or other mess requiring excessive cleaning;
iii. missing contents; or
iv. any other cost incurred by Homeowner due to Guest’s stay.
If the premises appear dirty or damaged upon Check-in, Guest shall inform Homeowner immediately.
Owner or Owner’s representative will inspect the Property and assess if any damages were done, contents are missing, or other Fee-Bearing conditions (as listed) arise. In the event of any of these cases, Guests will be notified, and deductions from the Damage Deposit will be made. The entire, or the remainder (as the case may be) of the Damage Deposit will then be returned to Guest.
b. First Payment: Reservation deposit is due on booking.
c. Final Payment: Remaining balance is due 60 days before Check-in Date.
10. Cancellation Policy: If Guest wishes to cancel his/her reservation, the cancellation policy is as defined on the web site through which the booking was made. If booking was made direct with Owner then following policy applies:
A $300 cancellation fee will apply if cancelled 60 days or more prior to the Check-in Date. Remaining deposit will be returned.
All payments will be forfeited if cancelled less than 60 days prior to the Check-in Date.
If the final payment is not received by Owner at least 60 days before the beginning of the rental period, this is forfeiture. In this case none of the Deposit will be refunded. After cancellation or forfeiture, the property will be advertised and available for re-rental for that period.
11. Insurance: We encourage all renters to purchase traveler insurance.
12. All Rentals are to families and responsible adults only. No high school, college or civic groups, chaperoned or not, are permitted. No bachelor parties, or other large parties beyond that which is pre-arranged with Owner.
13. Termination. If the Guest or any member of his party violates any of the terms of this agreement, the Owner may, at the Owner’s sole discretion, terminate this agreement with no refund of the used portions of the rents and remove Guest, the members of his/her party and their belongings. Guest is notified that they will be subject to an expedited eviction procedure.
14. Failure to Deliver: In the event that the Owner is unable to deliver said property to Guest under this rental agreement prior to occupancy because of fire, eminent domain, act of nature, double booking, delay in construction or any other reason whatsoever, Guest hereby agrees that Owner’s sole liability as a result of these conditions is a full refund of all consideration previously tendered by Guest. Pursuant to the terms of this agreement, Guest expressly acknowledges that in no event shall Owner be held liable for any consequential or secondary damages, including but not limits to, any expenses incurred as a result of moving for any damage, destruction or loss.
15. Transfer of Property: Should the present Owner transfer title to the real property, which is subject to this lease, the Owner is obligated to disclose to the Guest certain information regarding existing leases. For rentals which end more than one hundred eighty (180) days after such recording of the interest to Owner’s successor in interest, the successor in interest will not be bound for any rents which end more than one hundred eighty (180) days after such recording unless they agree to be bound in writing. If such successor in interest does not agree to be bound in writing, you will be notified in writing and will receive a refund of any payments made by you.
16. Lost, Stolen or Abandoned Articles: Owner shall not have any responsibility for lost, stolen or abandoned items. There will be a $25.00 plus shipping fee for any returned items.
17. Owner Required Maintenance Call: Should Owner or Owner’s Representative be required to visit Property other than on regular patrol, check-in, or check-out, for example on request of Guest for use of Property or Extras instruction, or Property repair which was a result of Guest action or misuse, a $100 maintenance call fee will be charged. Maintenance issues which are not the fault of the Guest are excluded from this charge however the final determination of the nature of a visit is with the Owner.
18. Indemnity: The Guest agrees to release and indemnify the Owner from and against all liability, should anyone be injured upon the premises during the term of the lease, resulting from any cause whatsoever. Guest will indemnify and hold harmless the Owner for any injuries, accident or otherwise, incurred or suffered upon the premises by Guest and guests or anyone associated with Guest for any cause whatsoever during the term of this contract. Guest's personal property and vehicles are not insured by the Owner or Owner's Representatives against loss or damage due to fire, theft, vandalism, rain, water, criminal or negligent acts of others, or any other cause.
19. Web Site / Other Advertisements: The web site www.homeaway.com , www.VRBO.com, www.airbnb.com , or any other on-line, paper, verbal, or other forms of materials describing the property are NOT part of this rental agreement and there is an acknowledgement that any representations those materials have made with respect to the property were for informational purposes only and have no bearing or obligation with respect to completeness or correctness regarding the property.
20. Amendments: No subsequent alteration, amendment, change or addition to this License shall be binding unless in writing and signed by both Parties.
21. Disputes: All disputes shall be resolved by binding arbitration according to the arbitration rules of the American Arbitration Association. Any judgment upon the award rendered by the arbitration panel may be entered in any court having jurisdiction over the subject matter thereof. The arbitration panel shall have the authority to grant any equitable and legal remedies that would be available in any judicial proceeding instituted to resolve a dispute. The parties will bear the expense of deposits and advances required by the arbitration panel in equal proportions, but either party may advance such amounts, subject to recovery as an addition or offset to any award. The arbitration panel will award to the prevailing party, as determined by the arbitrators, all costs, fees and expenses related to the arbitration, including reasonable fees and expenses of attorneys, accountants and other professionals incurred by the prevailing party.
22. Construction: As used in this Agreement, all terms used in the singular will be deemed to include the plural, and vice versa, as the context may require. When used in this Agreement, "including" means "including, without limitation". Descriptive headings are inserted for convenience only and will not be utilized in interpreting the Agreement. This Agreement has been reviewed by the Parties and will be fairly interpreted in accordance with its terms and without any strict construction in favor of or against either Party.
________________________________________________________________________
Exhibit A
RENTAL RULES
1. Smoking is NOT permitted on the Property inside or out. Violation is grounds for immediate termination and eviction with no refunds of Rent, Tax, Booking, Deposit, and Cleaning Fee. If we find cigarette/cigar butts on the property we will retain your Damage Deposit.
2. People other than those in the Guest party notified to Owner may not stay overnight in the property and may not use the recreational facilities. Any other person in the property is the sole responsibility of Guest.
3. All of the units are privately owned; the owners are not responsible for any accidents, injuries or illness that occurs while on the premises or its facilities. The Homeowners are not responsible for the loss of personal belongings or valuables of the guest. By accepting this reservation, it is agreed that all guests are expressly assuming the risk of any harm arising from their use of the premises or others whom they invite to use the premise.
4. Only use appliances for their intended uses
5. Pets are NOT permitted in any of the rental properties inside or out. This applies to live animals of any kind, even if you intend to keep them in their cages/boxes or outside. Violation of this clause shall be deemed grounds for immediate termination and eviction with no refunds of rent, tax, cleaning or deposit.
6. Parking:
PARKING – Parking is limited to 1 vehicle. 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.
Commercial vehicles, Trailers, Jet Skis, Boats and RVs are not allowed on the property. They will be automatically towed at the guest's expense if they are on the property.
Bicycles must NOT be stored under the stairs outside the condo.
7. Housekeeping and Cleaning: 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 suggest you bring beach towels. We do not permit towels or linens to be taken from the units.
The Property is to be left in tidy state, used towels and linens placed in the laundry area, and dishes and cooking utensils rinsed and placed in the dishwasher. If excessive cleaning is required, i.e. food smeared on wall, spilled on furniture, carpet spots, or generally, the Property is in such a state that it cannot be cleaned in 2 hours, an additional cleaning fee will be deducted from your Damage Deposit.
Standard cleaning at end of rental is a mandatory part of the rental agreement.
8. Furnishings:
All properties are equipped and furnished to the Owner’s taste and are set up for light housekeeping. Rearranging of furniture is not permitted. Rearranging of any furniture (other than chairs, which we know you will move to sit in), will result in a minimum of $50 fee or more depending on extent of re-arrangement. Do not bring trash containers into the house, do not angle or move couches, beds, TV unit. Cleaning service will not rearrange furniture.
9. Guests must provide paper goods, including toilet paper.
A starter pack with at least one roll of toilet paper for each bathroom is provided for your initial check-in convenience.
10. Extras (Appliances):
Televisions, Washer, Dryer, Internet, Etc., herein called "extras", are supplied at no extra charge as a convenience for Guest use. In the event of a malfunction or breakdown of "extras", Owner or Owner's Representative will have the "extra" repaired as quickly as practical. Guest agrees that there will be no refund for malfunction or breakdown of "extras". In the event of malfunction of any other appliance or feature, Guest must notify Owner or Owner's Representative so repair of malfunction can be made. We will expedite repair, but no refund of rent will be made.
Don’t re-wire, unplug, change settings, re-program, or reset/modify any of the Appliances/Water Heaters. Do not attempt to connect any video games, computers, or other electronic equipment to the TVs, networking equipment, or other Appliance. Any repair work, re-wiring, settings reset, or reprogramming will result in a $50 charge to the Guest. If you can’t figure something out please contact us.
11. Trash:
Trash must be removed from the Property prior to checkout. Dumpsters are available in the common area.
12. Internet:
Internet access through WIFI is provided. This is a standard “insecure network”.
NO TECHNICAL SUPPORT IS PROVIDED. THE NETWORK IS PROVIDED "AS-IS" WITHOUT ANY WARRANTY WHATSOEVER. YOU ASSUME ALL RISKS AND RESPONSIBILITIES FOR USE OF THE NETWORK. OWNER MAKES NO WARRANTY THAT THE NETWORK WILL BE ERROR FREE OR FREE FROM INTERRUPTION OR FAILURE, OR THAT IT IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE OWNER DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO IMPLIED WARRANTIES, FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT THE NETWORK MAY NOT BE AVAILABLE OR BECOME UNAVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, WITHOUT LIMITATION, PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, TECHNICAL FAILURE OF THE SOFTWARE, TELECOMMUNICATIONS INFRASTRUCTURE, OR DELAY OR DISRUPTION ATTRIBUTABLE TO VIRUSES, DENIAL OF SERVICE ATTACKS, INCREASED OR FLUCTUATING DEMAND, ACTIONS AND OMISSIONS OF THIRD PARTIES, OR ANY OTHER CAUSE REASONABLY BEYOND THE CONTROL OF THE OWNER. YOU ASSUME THE ENTIRE COST OF ANY DAMAGE RESULTING FROM YOUR USE OF THE NETWORK AND THE INFORMATION ACCESSED BY THE NETWORK, AND THE INTERACTION (OR FAILURE TO INTERACT PROPERLY) WITH ANY OTHER HARDWARE OR SOFTWARE WHETHER PROVIDED BY THE OWNER OR A THIRD PARTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE OWNER BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF GOODWILL, WORK STOPPAGE, HARDWARE OR SOFTWARE DISRUPTION, IMPAIRMENT OR FAILURE, REPAIR COSTS, TIME VALUE OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE NETWORK, OR THE INCOMPATIBILITY OF THE NETWORK WITH ANY HARDWARE, SOFTWARE OR USAGE, THE INFECTION OR DOWNLOAD OR UPLOAD OF OR BY ANY VIRUS, SPYWARE, WORM, OFENSIVE MATERIALS, COPYRIGHT INFRINGEMENT, UNLAWFUL USE, OR ANY OTHER USE RELATED DAMAGE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(Sorry for the long legal list!)
13. Grilling:
No Grilling / Barbecues is permitted inside or outside the property. There is a grill in the common area of Shorewalk by the clubhouse that may be used subject to availability and the granting of access by the Shorewalk property manager in his sole discretion.
14. Fireworks:
Use of fireworks is prohibited! Violation of this clause shall be deemed grounds for immediate termination and eviction with no refunds of rent, tax, cleaning or deposit.
15. Surplus Food:
Please discard of surplus food or beverages. Do not leave leftovers in the Property.
16. Owners Areas:
Areas such as Owner's personal storage areas are exempt from this agreement and are off limits to the Guest. Entry into these areas is cause for immediate eviction and Guest will be responsible for any damages or missing items.
17. Storms:
No refunds will be given for storms.
18. Care of Property and Checkout:
Please keep the property and all furnishings in good order. Please do not move the furniture. (Note: Moving the TV unit can disturb internet & TV connectivity.)
Guest is expected to care for the property as if it were his/her own. In addition, Guest acknowledges that unless Owner is notified on day of check-in of any damage or cleaning concerns, then thereafter, all damages or concerns to the property during the occupancy will be Guests responsibility and must be reported to Owner and paid prior to departure. Guest must leave the property in a clean condition as described above. All doors and windows closed and locked. All keys returned. All breakage reported to the Owner. Property must be left the same as you found it. Failure to comply will give the Owner the right to deduct appropriate sums from the Damage deposit plus a $25.00 processing fee prior to returning the balance to Guest.
On Checkout please:
• Take out all trash to the dumpster
• Load and run the dishwasher
• Remove and dispose of any food items in the refrigerator
• No need to wash linen and towels
• Ensure all pool passes are placed back on the hook by the kitchen bar
• Turn off lights, ceiling fans and other electrical items
• Please set the Air Conditioning to 80 Degrees F.
• Lock the external lanai door (ensure the hook is in locked position).
• Lock the lanai doors including the bolts at the bottom of the doors.
• Close and lock the windows
• Double check you have not left any personal belongings
• Close the front door and check it is locked (needs a code to re-enter)
• Please depart by 11am so we can prepare the condo for our next guests
Use of the Property which is in the opinion of owner as fraudulent, dangerous, illegal, or in gross negligence, shall be deemed grounds for immediate termination and eviction with no refunds of rent, tax, cleaning or deposit. If you break something please tell us. This gives us time to replace before the next Guest arrives. Thank You.
19. Rules and Guidance from Shorewalk Palms Condo Association:
Please note following rules and guidance from the Condo Association. Please note the Condo Association will withdraw access to recreational facilities if the rules are not followed. They may also impose a fine for contravention of the rules. Any such fine will be passed to the Guest for payment. The damage deposit may be retained if such fines are payable.
Exhibit B:
NOTICE FROM SHOREWALK PALMS CONDOMINIUM ASSOCIATION:
Our rental terms and conditions are defined below. Please review before booking.
ACKNOWLEDGMENT. Guest acknowledges they have reviewed and understand the terms of this agreement and the rental rules and agree to be bound thereby. This is a vacation rental agreement. Going ahead with the booking, or payment of money or taking possession of the property after receipt of the agreement, is evidence of your acceptance of the agreement and your intent to lease the property for a vacation rental on the specified terms.
For good and valuable consideration, the sufficiency of which is acknowledged, the parties hereby agree as follows:
1. Property. The property is furnished and includes fitted kitchen, washing machine, ironing board, linen, towels, hairdryer, television, wifi access to internet.
2. Rental Party: The rental party shall consist of Guest and other persons named by Guest and advised to Homeowner. No further persons are permitted to stay or to use any of the recreational facilities.
3. Maximum Occupancy: The maximum number of guests is limited to 5 persons. Maximum of 4 adults.
4. Term of the Lease. The lease begins and ends at times and dates defined on the booking confirmation.
CHECK IN will be after 3:00 P. M. on the arrival date unless otherwise specified on the booking confirmation. No early check in.
CHECK OUT on the date of departure will be by 11:00 AM unless otherwise specified on the booking confirmation. Unless late check out has been agreed in advance in writing late check out cannot be accommodated. Late check out will be billed at $100 for each full hour after checkout time.
5. Booking and Reservation Deposit:
This agreement shall not be binding unless and until the Owner has received the Reservation Deposit, all transfers have cleared the bank.
6. Minimum Stay: This property requires a 5 night minimum stay. Longer minimum stays may be required at certain periods.
7. Rental Rules: Guest agrees to abide by the Rental Rules attached as Exhibit A at all times while at the property and shall 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 shall allow Homeowner access to the property for purposes of repair and inspection. Homeowner shall exercise this right of access in a reasonable manner.
9. Rental Rate and Fees: Payment policy is as defined on the web site through which the booking was made. If booking was made direct with Owner then following policy applies:
a. Damage Deposit: A damage deposit of $300 (or equivalent in currency of payment) will be included in the total cost.
The deposit is for security and shall be refunded within 15 days of the Checkout Date provided no deductions are made due to:
i. damage to the property or furnishings;
ii. dirt or other mess requiring excessive cleaning;
iii. missing contents; or
iv. any other cost incurred by Homeowner due to Guest’s stay.
If the premises appear dirty or damaged upon Check-in, Guest shall inform Homeowner immediately.
Owner or Owner’s representative will inspect the Property and assess if any damages were done, contents are missing, or other Fee-Bearing conditions (as listed) arise. In the event of any of these cases, Guests will be notified, and deductions from the Damage Deposit will be made. The entire, or the remainder (as the case may be) of the Damage Deposit will then be returned to Guest.
b. First Payment: Reservation deposit is due on booking.
c. Final Payment: Remaining balance is due 60 days before Check-in Date.
10. Cancellation Policy: If Guest wishes to cancel his/her reservation, the cancellation policy is as defined on the web site through which the booking was made. If booking was made direct with Owner then following policy applies:
A $300 cancellation fee will apply if cancelled 60 days or more prior to the Check-in Date. Remaining deposit will be returned.
All payments will be forfeited if cancelled less than 60 days prior to the Check-in Date.
If the final payment is not received by Owner at least 60 days before the beginning of the rental period, this is forfeiture. In this case none of the Deposit will be refunded. After cancellation or forfeiture, the property will be advertised and available for re-rental for that period.
11. Insurance: We encourage all renters to purchase traveler insurance.
12. All Rentals are to families and responsible adults only. No high school, college or civic groups, chaperoned or not, are permitted. No bachelor parties, or other large parties beyond that which is pre-arranged with Owner.
13. Termination. If the Guest or any member of his party violates any of the terms of this agreement, the Owner may, at the Owner’s sole discretion, terminate this agreement with no refund of the used portions of the rents and remove Guest, the members of his/her party and their belongings. Guest is notified that they will be subject to an expedited eviction procedure.
14. Failure to Deliver: In the event that the Owner is unable to deliver said property to Guest under this rental agreement prior to occupancy because of fire, eminent domain, act of nature, double booking, delay in construction or any other reason whatsoever, Guest hereby agrees that Owner’s sole liability as a result of these conditions is a full refund of all consideration previously tendered by Guest. Pursuant to the terms of this agreement, Guest expressly acknowledges that in no event shall Owner be held liable for any consequential or secondary damages, including but not limits to, any expenses incurred as a result of moving for any damage, destruction or loss.
15. Transfer of Property: Should the present Owner transfer title to the real property, which is subject to this lease, the Owner is obligated to disclose to the Guest certain information regarding existing leases. For rentals which end more than one hundred eighty (180) days after such recording of the interest to Owner’s successor in interest, the successor in interest will not be bound for any rents which end more than one hundred eighty (180) days after such recording unless they agree to be bound in writing. If such successor in interest does not agree to be bound in writing, you will be notified in writing and will receive a refund of any payments made by you.
16. Lost, Stolen or Abandoned Articles: Owner shall not have any responsibility for lost, stolen or abandoned items. There will be a $25.00 plus shipping fee for any returned items.
17. Owner Required Maintenance Call: Should Owner or Owner’s Representative be required to visit Property other than on regular patrol, check-in, or check-out, for example on request of Guest for use of Property or Extras instruction, or Property repair which was a result of Guest action or misuse, a $100 maintenance call fee will be charged. Maintenance issues which are not the fault of the Guest are excluded from this charge however the final determination of the nature of a visit is with the Owner.
18. Indemnity: The Guest agrees to release and indemnify the Owner from and against all liability, should anyone be injured upon the premises during the term of the lease, resulting from any cause whatsoever. Guest will indemnify and hold harmless the Owner for any injuries, accident or otherwise, incurred or suffered upon the premises by Guest and guests or anyone associated with Guest for any cause whatsoever during the term of this contract. Guest's personal property and vehicles are not insured by the Owner or Owner's Representatives against loss or damage due to fire, theft, vandalism, rain, water, criminal or negligent acts of others, or any other cause.
19. Web Site / Other Advertisements: The web site www.homeaway.com , www.VRBO.com, www.airbnb.com , or any other on-line, paper, verbal, or other forms of materials describing the property are NOT part of this rental agreement and there is an acknowledgement that any representations those materials have made with respect to the property were for informational purposes only and have no bearing or obligation with respect to completeness or correctness regarding the property.
20. Amendments: No subsequent alteration, amendment, change or addition to this License shall be binding unless in writing and signed by both Parties.
21. Disputes: All disputes shall be resolved by binding arbitration according to the arbitration rules of the American Arbitration Association. Any judgment upon the award rendered by the arbitration panel may be entered in any court having jurisdiction over the subject matter thereof. The arbitration panel shall have the authority to grant any equitable and legal remedies that would be available in any judicial proceeding instituted to resolve a dispute. The parties will bear the expense of deposits and advances required by the arbitration panel in equal proportions, but either party may advance such amounts, subject to recovery as an addition or offset to any award. The arbitration panel will award to the prevailing party, as determined by the arbitrators, all costs, fees and expenses related to the arbitration, including reasonable fees and expenses of attorneys, accountants and other professionals incurred by the prevailing party.
22. Construction: As used in this Agreement, all terms used in the singular will be deemed to include the plural, and vice versa, as the context may require. When used in this Agreement, "including" means "including, without limitation". Descriptive headings are inserted for convenience only and will not be utilized in interpreting the Agreement. This Agreement has been reviewed by the Parties and will be fairly interpreted in accordance with its terms and without any strict construction in favor of or against either Party.
________________________________________________________________________
Exhibit A
RENTAL RULES
1. Smoking is NOT permitted on the Property inside or out. Violation is grounds for immediate termination and eviction with no refunds of Rent, Tax, Booking, Deposit, and Cleaning Fee. If we find cigarette/cigar butts on the property we will retain your Damage Deposit.
2. People other than those in the Guest party notified to Owner may not stay overnight in the property and may not use the recreational facilities. Any other person in the property is the sole responsibility of Guest.
3. All of the units are privately owned; the owners are not responsible for any accidents, injuries or illness that occurs while on the premises or its facilities. The Homeowners are not responsible for the loss of personal belongings or valuables of the guest. By accepting this reservation, it is agreed that all guests are expressly assuming the risk of any harm arising from their use of the premises or others whom they invite to use the premise.
4. Only use appliances for their intended uses
5. Pets are NOT permitted in any of the rental properties inside or out. This applies to live animals of any kind, even if you intend to keep them in their cages/boxes or outside. Violation of this clause shall be deemed grounds for immediate termination and eviction with no refunds of rent, tax, cleaning or deposit.
6. Parking:
PARKING – Parking is limited to 1 vehicle. 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.
Commercial vehicles, Trailers, Jet Skis, Boats and RVs are not allowed on the property. They will be automatically towed at the guest's expense if they are on the property.
Bicycles must NOT be stored under the stairs outside the condo.
7. Housekeeping and Cleaning: 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 suggest you bring beach towels. We do not permit towels or linens to be taken from the units.
The Property is to be left in tidy state, used towels and linens placed in the laundry area, and dishes and cooking utensils rinsed and placed in the dishwasher. If excessive cleaning is required, i.e. food smeared on wall, spilled on furniture, carpet spots, or generally, the Property is in such a state that it cannot be cleaned in 2 hours, an additional cleaning fee will be deducted from your Damage Deposit.
Standard cleaning at end of rental is a mandatory part of the rental agreement.
8. Furnishings:
All properties are equipped and furnished to the Owner’s taste and are set up for light housekeeping. Rearranging of furniture is not permitted. Rearranging of any furniture (other than chairs, which we know you will move to sit in), will result in a minimum of $50 fee or more depending on extent of re-arrangement. Do not bring trash containers into the house, do not angle or move couches, beds, TV unit. Cleaning service will not rearrange furniture.
9. Guests must provide paper goods, including toilet paper.
A starter pack with at least one roll of toilet paper for each bathroom is provided for your initial check-in convenience.
10. Extras (Appliances):
Televisions, Washer, Dryer, Internet, Etc., herein called "extras", are supplied at no extra charge as a convenience for Guest use. In the event of a malfunction or breakdown of "extras", Owner or Owner's Representative will have the "extra" repaired as quickly as practical. Guest agrees that there will be no refund for malfunction or breakdown of "extras". In the event of malfunction of any other appliance or feature, Guest must notify Owner or Owner's Representative so repair of malfunction can be made. We will expedite repair, but no refund of rent will be made.
Don’t re-wire, unplug, change settings, re-program, or reset/modify any of the Appliances/Water Heaters. Do not attempt to connect any video games, computers, or other electronic equipment to the TVs, networking equipment, or other Appliance. Any repair work, re-wiring, settings reset, or reprogramming will result in a $50 charge to the Guest. If you can’t figure something out please contact us.
11. Trash:
Trash must be removed from the Property prior to checkout. Dumpsters are available in the common area.
12. Internet:
Internet access through WIFI is provided. This is a standard “insecure network”.
NO TECHNICAL SUPPORT IS PROVIDED. THE NETWORK IS PROVIDED "AS-IS" WITHOUT ANY WARRANTY WHATSOEVER. YOU ASSUME ALL RISKS AND RESPONSIBILITIES FOR USE OF THE NETWORK. OWNER MAKES NO WARRANTY THAT THE NETWORK WILL BE ERROR FREE OR FREE FROM INTERRUPTION OR FAILURE, OR THAT IT IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE OWNER DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO IMPLIED WARRANTIES, FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT THE NETWORK MAY NOT BE AVAILABLE OR BECOME UNAVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, WITHOUT LIMITATION, PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, TECHNICAL FAILURE OF THE SOFTWARE, TELECOMMUNICATIONS INFRASTRUCTURE, OR DELAY OR DISRUPTION ATTRIBUTABLE TO VIRUSES, DENIAL OF SERVICE ATTACKS, INCREASED OR FLUCTUATING DEMAND, ACTIONS AND OMISSIONS OF THIRD PARTIES, OR ANY OTHER CAUSE REASONABLY BEYOND THE CONTROL OF THE OWNER. YOU ASSUME THE ENTIRE COST OF ANY DAMAGE RESULTING FROM YOUR USE OF THE NETWORK AND THE INFORMATION ACCESSED BY THE NETWORK, AND THE INTERACTION (OR FAILURE TO INTERACT PROPERLY) WITH ANY OTHER HARDWARE OR SOFTWARE WHETHER PROVIDED BY THE OWNER OR A THIRD PARTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE OWNER BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF GOODWILL, WORK STOPPAGE, HARDWARE OR SOFTWARE DISRUPTION, IMPAIRMENT OR FAILURE, REPAIR COSTS, TIME VALUE OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE NETWORK, OR THE INCOMPATIBILITY OF THE NETWORK WITH ANY HARDWARE, SOFTWARE OR USAGE, THE INFECTION OR DOWNLOAD OR UPLOAD OF OR BY ANY VIRUS, SPYWARE, WORM, OFENSIVE MATERIALS, COPYRIGHT INFRINGEMENT, UNLAWFUL USE, OR ANY OTHER USE RELATED DAMAGE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(Sorry for the long legal list!)
13. Grilling:
No Grilling / Barbecues is permitted inside or outside the property. There is a grill in the common area of Shorewalk by the clubhouse that may be used subject to availability and the granting of access by the Shorewalk property manager in his sole discretion.
14. Fireworks:
Use of fireworks is prohibited! Violation of this clause shall be deemed grounds for immediate termination and eviction with no refunds of rent, tax, cleaning or deposit.
15. Surplus Food:
Please discard of surplus food or beverages. Do not leave leftovers in the Property.
16. Owners Areas:
Areas such as Owner's personal storage areas are exempt from this agreement and are off limits to the Guest. Entry into these areas is cause for immediate eviction and Guest will be responsible for any damages or missing items.
17. Storms:
No refunds will be given for storms.
18. Care of Property and Checkout:
Please keep the property and all furnishings in good order. Please do not move the furniture. (Note: Moving the TV unit can disturb internet & TV connectivity.)
Guest is expected to care for the property as if it were his/her own. In addition, Guest acknowledges that unless Owner is notified on day of check-in of any damage or cleaning concerns, then thereafter, all damages or concerns to the property during the occupancy will be Guests responsibility and must be reported to Owner and paid prior to departure. Guest must leave the property in a clean condition as described above. All doors and windows closed and locked. All keys returned. All breakage reported to the Owner. Property must be left the same as you found it. Failure to comply will give the Owner the right to deduct appropriate sums from the Damage deposit plus a $25.00 processing fee prior to returning the balance to Guest.
On Checkout please:
• Take out all trash to the dumpster
• Load and run the dishwasher
• Remove and dispose of any food items in the refrigerator
• No need to wash linen and towels
• Ensure all pool passes are placed back on the hook by the kitchen bar
• Turn off lights, ceiling fans and other electrical items
• Please set the Air Conditioning to 80 Degrees F.
• Lock the external lanai door (ensure the hook is in locked position).
• Lock the lanai doors including the bolts at the bottom of the doors.
• Close and lock the windows
• Double check you have not left any personal belongings
• Close the front door and check it is locked (needs a code to re-enter)
• Please depart by 11am so we can prepare the condo for our next guests
Use of the Property which is in the opinion of owner as fraudulent, dangerous, illegal, or in gross negligence, shall be deemed grounds for immediate termination and eviction with no refunds of rent, tax, cleaning or deposit. If you break something please tell us. This gives us time to replace before the next Guest arrives. Thank You.
19. Rules and Guidance from Shorewalk Palms Condo Association:
Please note following rules and guidance from the Condo Association. Please note the Condo Association will withdraw access to recreational facilities if the rules are not followed. They may also impose a fine for contravention of the rules. Any such fine will be passed to the Guest for payment. The damage deposit may be retained if such fines are payable.
- Shorewalk is a place where owners and guests benefit from first class facilities in a peaceful, friendly and enjoyable environment. The “vibe” of Shorewalk is active seniors and families, it is not a party atmosphere.
- Shorewalk is subject to the City of Bradenton noise ordinance which prohibits amplified sounds greater than 65 decibels between 10 p.m. and 7 a.m. Failure to respect the ordinance will result in termination of the rental agreement with no refund.
- Alcoholic beverages are forbidden at all Association recreational facilities (Pools, Hot Tubs, Tennis courts, etc.) except the dedicated area on the deck close to the clubhouse. It should also be noted that State regulations make it illegal to have beverages of any type within 4 feet of a pools or hot tubs.
- Jumping in pool or hot tub, entering pool or hot tub fully clothed, throwing objects to other bathers while in the pool, or using large-inflated beach toys in the pool are prohibited.
- Tennis courts are strictly used for tennis or pickleball. No other use is accepted.
- Use of recreational facilities require registration and reservation at clubhouse. Guests must have the provided passes when using any Association recreational facilities. Passes are available inside the condo on a hook by the kitchen bar.
- The Clubhouse is open 10:00 am to 10:00 pm.
- During COVID-19 restrictions the following additional rules apply:
- The swimming pools are limited to a total of 10 people at a time.
- The hot tubs are restricted to two (2) people at a time and for only 15 minutes at a time. Reservations must be made in the clubhouse.
- Face masks and 6-feet of social distancing are required while in the clubhouse.
Exhibit B:
NOTICE FROM SHOREWALK PALMS CONDOMINIUM ASSOCIATION: