RENTAL AGREEMENT This Rental Agreement (hereinafter referred to as “Rental Agreement”) is executed (via online booking, electronic signature, or in writing) and agreed to in exchange for the undersigned(s) (“Renter”) (the term undersigned shall include all friends and family members of the undersigned, including but not limited to spouses, children and guests of undersigned) being allowed to use the premises offered by Emerald Stay, LLC, their successors and/or assigns (“Manager”), on behalf of the owner (“Owner”) for property located at 759 Sandpiper Dr. Miramar Beach, Florida 32550 (“Home”).
This Rental Agreement and any attached addendum or exhibit constitutes the entire Rental Agreement between the parties included. No oral statements shall be binding. It is the intention of the parties herein that if any of this Rental Agreement is invalid, for any reason, such invalidity shall not void the Rental Agreement. By issuing payment or signing, Renter acknowledges he or she has read the below “Rental Agreement” and agrees to be bound to its Terms and Conditions.
1. SMOKING: Smoking is prohibited inside the Home or covered patio. Smoking is allowed outside. Proper disposal of cigarettes is required. Guests violating this policy will be charged $500, plus any additional cleaning expense and damages incurred by Owner and may result in immediate eviction and forfeiture of rent. 2. PETS: Pets are prohibited. Unapproved pets will result in forfeiture of entire damage deposit and any related cleaning expense or other damages incurred by Owner. 3. AGE: The minimum renting age is 25. Renter of at least 25 years of age is required to be an occupant of the Home during the entire reservation. Other authorized guests may be friends or family of the Renter. Use of the Home will be denied to persons not falling within this requirement. Should any unauthorized persons occupy the Home, the Renter will result in immediate eviction and forfeiture of rent and damage deposit as well as any damages and costs incurred by the Owner. 4. SPRING BREAK (PARENT CHAPERONED GROUPS): One parent/chaperone above the age of 25 must be present for every four guests under the age of 25. Parent chaperones must be present at the Home during the entire reservation. For reservations in March and April, proof of age is required by all parents/chaperones. The Home is subject to inspection during the reservation to ensure compliance. Violations will result in immediate eviction and forfeiture of rent and damage deposit as well as any damages and costs incurred by the Owner. 5. FALSE PRETENSES: Making a reservation under false pretenses is subject to immediate eviction and forfeiture of rent plus damage deposit, and potentially additional charges for damages and costs incurred. 6. DAMAGE DEPOSIT: A damage deposit of $750.00 is required for every reservation and can be collected at any time. The deposit is not applied toward rent. The deposit will be charged, if any of the following provisions are met: a. Damage is done to the golf cart, Home or its contents, beyond normal wear and tear. b. Charges are incurred due to contraband, pets, fines, or collection of rents or services rendered during the stay. c. Debris, rubbish, and discards are not placed in designated trash area, and soiled dishes are not placed in dishwasher and cleaned. d. All keys are not returned to the lockbox and unit is left unlocked. Lost keys will result in a $50 deduction from damage deposit. e. Linens or towels are lost, stolen, or damaged. f. Additional charges are imposed by the cleaning company. g. Renter is evicted by the Owner (or representative of the Owner), the local law enforcement, or the security company employed by Sandestin. 7. DAMAGES: If damages to the home and its contents or damage to the golf cart exceed the $750 damage deposit, the Renter agrees to pay for the additional charges. Owner or Manager will provide receipts or invoices to support costs incurred. 8. PAYMENT: Full payment of the reservation total is due at the time of booking. Alterations to the payment schedules and reservation dates are based on availability and must be agreed to in writing with the Manager. There are no reductions in rates unless agreed to by the Manager. If payment is not made, the Manager has the right to cancel the reservation and Renter will forfeit any deposits and reservation. 9. CANCELLATIONS: a. Vrbo/Homeaway/Direct Booking - Cancellations that are requested more than 30 days prior to the arrival date will incur no penalty and receive a full refund. Cancellations at least 14 days before the arrival date will receive a 50% refund. There is no refund of rent for cancellations made within 14 days of the reservation or for early departure. b. Airbnb - Cancellations made within 48 hours of booking will receive a full refund if the check-in date is at least 14 days away. Cancellations made at least seven days before check-in will receive a 50% refund. No refund for cancellations made less than seven days before check-in. c. Reschedule – Guests may amend their travel dates up to 30 days prior to the reservation dates. Amendments are not allowed within 30 days of the reservation date. 10. OCCUPANCY: The Home accommodates nine (9) people in beds. The maximum occupancy for the Home is nine (9). Should the Renter exceed the occupancy set forth herein, the Renter will be subject to immediate eviction and forfeiture of rent and $750 damage deposit as well as any damages and costs incurred by the Owner. Sleeping on the sofa is prohibited. 11. LINENS/TOWELS/SUPPLIES: Bed linens and bath towels are furnished by the Owner. Lost or damaged linens will be deducted from the Damage Deposit. An initial supply of trash can liners, paper towels, dishwashing liquid, dishwasher tabs, bathroom tissue, and bath soap is provided. Any extra items needed are the responsibility of the Renter. 12. CLEANING SERVICES: While linens and bath towels are included in the unit, daily maid service is not included in the rental rate. Beach towels are provided and may be used at the pool and beach. Bath towels or linens are not to be taken from the unit. 13. MAINTENANCE: Please report any maintenance needs for the premise to the Manager, and we will respond as quickly as possible. Refunds will not be made for maintenance issues including, but not limited to, electricity, telephone, heating and air conditioning, appliances, televisions, golf carts, etc. 14. RATE CHANGES: Reservations may be booked a year in advance, but rental rates are subject to change within that year without notice. No adjustments or refunds will be offered. 15. PARKING PASSES: Parking passes are to be displayed on the dash of your vehicle during your entire stay. 16. PARKING: The Home has two designated parking spaces, directly in front of the home. Parking is prohibited on the street or on the lawn. RVs and trailers are prohibited. Neighborhood HOA administers fines for noncompliance. 17. GOLF CART: The home comes with complimentary use of a golf cart. Owner or Manager do not guarantee the golf cart will be available the entire length of your stay as a result of things out of our control (i.e.. Maintenance, destruction, unsafe conditions, etc.). Refunds will not be made for maintenance issues. Renter acknowledges that the golf cart was in good condition, with no visible damage, at the time of check-in and assumes full responsibility and liability for care of the golf cart and any/all damages incurred. Any damage identified prior to taking possession of the golf cart should be immediately reported to the Manager prior to use to avoid Renter assuming liability for any previously existing damage. Personal golf carts or golf carts rented through a third party are strictly prohibited in the resort as only the carts that are registered and insured by homeowners are approved. 18. GOLF CART RULES: Renter agrees to the following rules while operating the golf cart: a. Driver of golf cart must be eighteen (18) years of age and hold a valid state issued driver’s license. b. All golf carts operate and accelerate differently. Use caution when operating the golf cart. c. Golf carts may be driven only on the common roadways and may not be operated on any sidewalk or path that is not specifically designated for such. d. Golf carts shall not be driven up on curbs or parked on grass unless signage allows otherwise. e. Golf carts shall not be driven through water or deep puddles. f. Children shall not be on or around the golf cart without adult supervision. g. The golf cart key should never be left in the ignition. h. The number of passengers per cart must not exceed the passenger limit and load capacity designated by the vehicle’s manufacturer. i. All persons are required to be seated in an installed seat specifically designed for such during the operation of the golf cart and are not permitted to stand up or be seated upon the body or frame. j. The driver may not hold an animal, child, or an object in a manner that impairs vision or ability to safely operate. k. Any fines incurred by improper use of the golf cart are the responsibility of the renter. l. Mind all speed limit signs and use caution with speed bumps. m. The use of alcoholic beverages is strictly prohibited while operating the golf cart. n. Golf carts shall not be driven on Highway 98.
19. WRITTEN EXCEPTIONS: Any exceptions to the above mentioned policies must be approved in writing in advance. 20. SUBSTITUTION: Homes offered by the Manager are privately owned properties and subject to reasonable wishes of the Owner. Properties are occasionally removed from our rental program on short notice due to a change in ownership, other changes made by the Owner, or the properties may become uninhabitable due to unforeseen maintenance issues. At the time your Reservation is confirmed, we reserve the right to change the assignment to a comparable rental property should this occur. In the event a comparable property is not available we will offer to reschedule your reservation or offer a refund. 21. HURRICANE/STORM POLICY: Renters are encouraged to purchase travel insurance. In the event of severe weather, refunds will not be given unless: a. The National Weather Service orders mandatory evacuation in a “Tropical Storm/Hurricane Warning area”. b. A “mandatory evacuation order has been given for the Tropical Storm/ Hurricane Warning area” of residence of a vacationing guest. The day that the National Weather Service orders a mandatory evacuation order in a “Tropical Storm/ Hurricane Warning area”, we will refund any unused portion of the rent from a guest currently registered. We will refund any unused portion of rent from a guest that is scheduled to arrive, and wants to shorten their stay, to come in after the Hurricane Warning has lifted. We will refund any advance rent collected or deposited for a reservation that is scheduled to arrive during the “Hurricane Warning “period. 22. ARRIVAL/DEPARTURE TIMES: Check-in is 4:00pm central time and check-out is 10:00am central time. Alterations to arrival and departure times must be agreed to in writing with the Manager. This cannot be guaranteed until one day prior to the reservation. Early check-in and late check-out is not available March through August. Checkout after 10:00am or the agreed time may incur a $50 fee per hour, as imposed by the cleaning company. 23. CHECK-OUT PROCEDURES: a. Wash/dry beach towels on your last beach day. Do not wash beach towels with bath towels. b. Remove all trash from bedrooms, bathrooms, kitchen (including food and condiments) and place in designated trash area by 10:00am. All trash must be bagged and tied. c. All beach items must be hung or stored as instructed. $100 charge if trash, blow up rafts or toys are left behind. d. Place all dirty dishes in the dishwasher and start the cycle. e. Bed linens and towels will be cleaned by the cleaning crew, please leave as-is. f. If you used a pull-out sofa, leave bed linens in the laundry room. g. Clean the grill and cover it. h. Clean the golf cart and put extension cord in storage. i. Lock all the doors and return any keys. Lost keys will result in a $50 deduction from damage deposit. 24. STORAGE CLOSET: NO TRASH in closet under any circumstance. DO NOT leave blow up floats/rafts/toys of any kind. All sand toys belong in the bin. Golf cart covers belong in the bin. Umbrellas belong in their bag. Hooks are provided for chairs. Hooks are provided for extension cords. A $100 fee will be charged if cleaning/organizing is required. 25. BLOWUP POOL/TOYS: Blow up pools of any size, water slides, splash pads, or outdoor blow-up water toys of any kind are prohibited on the property. A $500 fee if not followed. 26. SUBLET: Renter may not sublet residence under any circumstances. 27. FIRE & CASUALTY: If residence becomes uninhabitable due to fire, explosion, or by other casualty, the Manager may terminate the Rental Agreement to repair damages. 28. RIGHT OF ACCESS: The Owner or Manager shall have the right of access to the Home for repairs and maintenance during reasonable hours with given notice to the Renters. In the event of an emergency, the Owner or Manager may enter at any time to protect life and prevent damage to the property. 29. USE: Rental shall be used so as to comply with state, county and municipal laws and ordinances in addition to any association rules and regulations affecting the Home. Renter shall not use the Home or permit it to be used for any disorderly or unlawful purpose or in any manner so as to interfere with other resident’s quiet enjoyment of their residence. Any misuse described above shall result in termination of Rental Agreement and forfeiture any payments. 30. BARBECUE GRILL: The grill should only be used on the outside, non-covered patio. Renter is responsible to fill propane tank if it is empty. Any use of personal grills or outdoor fryers is prohibited. Renter acknowledges any damages due to misuse forfeits the damage deposit and Renter is responsible to cover any repairs. 31. LOCKED CLOSET: The locked closet is the property of the Owner. It is not to be tampered with under any circumstance. If upon arrival you discover any damage to the property or Owner’s locked closet, notify the Manager immediately. 32. PROPERTY LOSS: The Owner or Manager shall not be liable for damage to Renter’s property of any type, for any reason or cause. 33. ADDITIONAL GUESTS: All day guests, not staying at the Home, must be accompanied by the Renter while on property at all times. 34. EVENTS/PARTIES: Renter shall not host events or parties at the Home without obtaining prior approval from the Manager and payment of additional fees as determined by Manager. This includes weddings, cocktail parties, receptions, welcoming events, family reunions, anniversaries, and milestone birthday parties. Renters violating this policy will forfeit their deposit, plus any additional damages, costs, and cleaning expense and may result in immediate eviction and forfeiture of rent. 35. INDEMNIFICATION: The Renter releases the Owner and Manager from liability for and agrees to indemnify the Owner and Manager against losses, incurred by the Owner or Manager as a result of: a. Renter’s failure to fulfill any condition of this Rental Agreement; b. Any damage or injury happening in or about the Home to Renter, Renter’s invitees or, licensees or such person’s property; c. Renter’s failure to comply with any requirements imposed by any governmental authority or association rule; and d. Any judgment, lien, or other encumbrances including association fines filed against Renter or Owner or Manager as a result of Renter’s action. 36. FAILURE OF OWNER TO ACT: Failure of Owner to insist upon compliance with the terms of this Rental Agreement shall not constitute a waiver of any violation. 37. RESPONSIBLE PARTY: The name on this Rental Agreement is responsible for payment and the actions of all occupants. 38. ADDITIONAL TERMS AND CONDITIONS: The Renter, for himself/herself, his/her heirs, assignors, executors, and administrators, fully releases and discharges Owner and Manager from any and all liabilities, claims, demands and causes of action by reason of any injury, loss, or damage by whatever nature which has or have occurred, or may occur to the Renter, or any of his/her guests as a result, or in connection with the occupancy of the Home and agrees to hold Owner and Manager free and harmless of any claim or suit arising therefrom. In any action concerning the rights, duties, or liabilities of the parties to this Rental Agreement, the principals, agents, successors or assignees of the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs, through all appeals. This Rental Agreement shall be governed by and construed and enforced in accordance with the laws of the state of Florida. Owner and/or Manager reserves the right to terminate this Rental Agreement upon their discretion at any time. Legible fax copies and photocopies of documents signed by either party are deemed to be equivalent to originals. 39. GOLF CART RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT. By signing this Rental Agreement, Renter and guests who use complimentary golf carts agree to the express terms, conditions and waivers set forth in the attached Golf Cart Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement. 40. SEVERABILITY. Should any provision of this Rental Agreement be declared void against public policy or for any other reason, that provision shall not affect the validity of any other provision. 41. APPLICABLE LAW. This Rental Agreement and the exhibits hereto shall be governed by, and constructed under, and enforced and interpreted in accordance with the laws of the State of Florida, excluding its principles of conflicts of laws. 42. VENUE AND JURISDICTION. The exclusive venue for any action related to this Rental Agreement or the course or dealings between the parties hereto is the County and Circuit Courts sitting in Walton County, Florida. The parties submit to the personal jurisdiction of all the courts in Walton County, Florida and agree not to challenge such jurisdiction. 43. WAIVER OF JURY TRIAL. IN THE INTEREST OF AVOIDING THE DELAYS AND EXPENSES ASSOCIATED WITH JURY TRIALS, THE PARTIES HERETO MUTUALLY, EXPRESSLY, IRREVOCABLY AND UNCONDITIONALLY WAIVE TRIAL BY JURY FOR ANY PROCEEDINGS ARISING OUT OF OR IN CONNECTION WITH THIS RENTAL AGREEMENT OR DEALINGS BETWEEN THE PARTIES HERETO. 44. ENTIRE AGREEMENT. This Rental Agreement, and the exhibits hereto, represent the entire understanding between Owner, Manager, and Renter with respect to the transaction contemplated herein and supersedes, incorporates and merges all prior negotiations, representations and agreements, whether oral or written. All understandings and agreements heretofore had between the parties hereto are merged into this Rental Agreement, which alone fully and completely expresses their agreement. 45. COUNTERPARTS. This Rental Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument, and in pleading or proving any provision of this Rental Agreement it shall not be necessary to produce more than one such counterpart. The parties hereto reaffirm that their electronic signature is binding upon the undersigned. 46. HEADINGS. Paragraph headings are for reference purposes only and shall not affect the meaning, construction, or effect of this Rental Agreement.
ELECTRONIC SIGNATURES. The parties acknowledge that this Rental Agreement, which includes the Golf Cart Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement as exhibits which are attached hereto and incorporated herein, may be executed via online booking, electronic signature, or in writing. Any such signature shall bind the undersigned as if the signature was made in writing. Through the Renter's signature, electronic or otherwise, Renter agrees that it has read, understand, and agree to abide by the terms of this Rental Agreement and agrees to rent the Home as set forth above for the period and price specified herein. The Renter further authorizes the Owner, or representative of Owner, and Manager to charge Renter's credit card for any damages or fees consistent with this Rental Agreement. Renter understands that this authorization cannot be revoked and will not terminate until 30 days after the Home has been vacated by Renter.
Exhibit "A" GOLF CART RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
This Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement (hereinafter referred to as “Agreement”) is executed (via online booking, electronic signature, or in writing) and agreed to in exchange for the undersigned(s) (the term undersigned shall include all family members of the undersigned, including but not limited to spouses, children and guests of undersigned) being allowed to use the golf carts ("Golf Cart") located at the premises, agrees with the owner ("Owner") their successors and/or assigns, and Emerald Stay LLC (“Manager”) of the property located at 759 Sandpiper Dr. Miramar Beach, Florida 32550 (“Premises”) to be bound by each of the following:
1. Responsibility and Age Requirements. I hereby acknowledge that I am responsible for the supervision and use of the Golf Cart and that no one will be allowed to drive the Golf Cart under the age of eighteen (18). I understand that it is required to hold a state issued driver’s license to operate the Golf Cart. I understand that the use of the Golf Cart is a privilege and not a right and as such may be revoked by Manager or Owner in their sole discretion. Furthermore, the undersigned affirms that anyone using the Golf Cart shall abide by all local, county, association and state rules and regulations as it relates to the use of the Golf Cart on private or public roads and the lack of knowledge of said rules shall not act as a defense against Owner or Manager.
2. Identification of Risks. The use of the Golf Cart by the undersigned may involve risk of injury and loss, both to person and property. The risk of injury may include the possibility of permanent disability and death. This Agreement is intended to address the risks associated with the undersigned’s use of the Golf Cart, including but not limited to: (a) use and conditions of the Golf Cart; (b) lack or inadequacy of policies, rules, or regulations governing the use of the Golf Cart; (c) the failure of Owner or Owner’s agents to foresee or to protect the undersigned from actions, inactions, negligence, recklessness, or intentional or criminal misconduct of persons not affiliated with Owner or Manager; or (d) the lack or inadequacy of supervision.
3. Assumption of Risk. The undersigned assumes all risk, known and unknown, foreseeable and unforeseeable, in any way connected with the use of the Golf Cart and accept full responsibility for any liability, injury, loss, or damage in any way connected with the use of the Golf Cart.
4. Sole Accessibility. The undersigned will not allow anyone other than authorized guests eighteen (18) years of age or older and with a valid driver’s license to use or operate the Golf Cart. If an authorized guest is allowed to use or operate the Golf Cart, the undersigned shall be responsible for any and all damage to the Golf Cart or damage caused to a third party by the use or operation of the Golf Cart. The undersigned affirms that said guests shall abide by all local, county, association, and state rules and regulations as it relates to the use of the Golf Cart on private or public roads and the lack of knowledge of said rules shall not act as a defense against Owner or Manager.
5. Release and Waiver. The undersigned releases, waives, and discharges and agrees not to sue Owner or Manager from all liability to the undersigned, the undersigned’s personal representatives, assigns, heirs and next of kin for any and all loss or damage (including attorneys’ fees) and any claim or demand therefore on account of injury to the undersigned’s person or property or resulting in death, now and forever, arising out of or related to the use or operation that may occur, whether caused by negligence of the Owner, Manager, or otherwise.
6. Indemnification. The undersigned agrees to indemnify and hold harmless Owner and Manager from all claims for any liability, injury, loss, damage, or expense, including attorneys’ fees (including the cost of defending any claim the undersigned might make, or that might be made on the undersigned’s behalf, that is released or waived by this instrument), in any way connected with or arising out of the use of the Golf Cart. If a third party shall gain access to the Golf Cart while the undersigned is in possession of the premises, then the undersigned agrees to be liable to Owner for any damage (including but not limited to vandalism) done to the Golf Cart or any other person or property. Liability includes financial responsibility to replace or repair any property damaged by said third party. The undersigned all agree to indemnify and hold harmless Owner and Manager for any injuries, including attorney’s fees, allegedly suffered by any third party, including any injuries that result from the negligence of Owner or Manager.
7. Governing Law. This Agreement shall be interpreted, construed, and governed according to the laws of the State of Florida, County of Walton.
8. Amendments. No amendment or variation of the terms of this Agreement shall be valid unless in writing and signed by the parties.
9. Entire Agreement; Binding Effect. This Agreement constitutes the entire agreement between the parties and shall bind and inure to the benefit of the parties and their respective successors, heirs, and legal representatives.
10. Headings. Paragraph headings are for reference purposes only and shall not affect the meaning, construction, or effect of this Agreement.
11. Attorney Fees. Prevailing party shall be entitled to all damages, costs, and expenses, including reasonable attorney’s fees, as a result of any litigation arising in any manner associated with this Agreement.
12. Severability. Should any provision of this Agreement be declared void against public policy or for any other reason, that provision shall not affect the validity of any other provision.
13. Authority for Transaction. This Agreement and the instruments and documents contemplated hereby and the execution and delivery hereof does constitute a valid and binding obligation of the parties and is enforceable in accordance with Florida law.
14. Pronouns. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular or plural, as the identity of the person or entity may require.
THIS IS A LIMITED WAIVER AND RELEASE OF LIABILITY. I HAVE READ THIS AGREEMENT AND CONSENT. I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING THIS AGREEMENT. I AM SIGNING THIS AGREEMENT VOLUNTARILY IN EXCHANGE FOR THE USE OF THE GOLF CART ON BEHALF OF MYSELF AND MY GUESTS, I VERIFY THAT I FULLY UNDERSTAND, AGREE TO, AND ACCEPT ALL PROVISIONS OF THIS AGREEMENT.
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