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GUEST RENTAL AGREEMENT AND RELEASE OF LIABILITY

 

THIS AGREEMENT (the “Agreement”) entered into by and between the undersigned as a guest(s) of NOBE Clearwater LLC (“NOBE”), (at times, depending on context, referred to herein as “You”, “Your”, and/or “Guest”) and NOBE Clearwater LLC, a Florida limited liability company (“Andy”), relating to the temporary use of the retreat/vacation rental of the property located at 657 Bay Esplanade Clearwater Beach, FL 33767 and/or 657 Bay Esplanade Clearwater Beach, FL 33767 (the “Premises”).

 

USE OF PREMISES. Your use of the Premises is limited to that of a short-term vacation/retreat rental and you have no other rights to the Premises other than as a short-term licensee. Your use of the Premises shall commence at 4:00 p.m. on the day of check-in and promptly terminate at 10:00 a.m. on the day of check-out (the “Stay”) unless otherwise agreed upon.

 

GUEST LIMITS. The maximum amount of person(s) authorized by You to be at the Premises shall be the number stated on your reservation confirmation, except for delivery persons (e.g., food providers, uber or taxi drivers) who promptly leave after such delivery or pick-up. These limitations apply regardless of whether such persons are staying the night or just visiting (“Visitors”). All guests (“Guests”) must be 18 years of age unless specifically agreed to in writing by NOBE Clearwater LLC. If a minor(s) is among the Guests, You acknowledge and agree that You are solely responsible for the supervision of the minor(s) throughout the duration of the stay, and You represent and warrant that you have read the GUEST RELEASE AND WAIVER provisions below and agree to such provisions on the minor’s behalf. You further represent and warrant that all other Guests or Visitors at the Premises have read and agreed to the application to such person(s) of the terms of this Agreement including, without limitation, the

 

GUEST RELEASE AND WAIVER and the RULES AND REGULATIONS. DAMAGES TO PREMISES. You agree to pay for all damages to the Premises caused by any and all Guests and/or Visitors during the Stay. NOBE Clearwater LLC may withhold all or part of your payment if there is a failure to abide by the rules in this Agreement, the house manual, and/or any written or oral directions received from NOBE Clearwater LLC. If the cost of damages, losses, or missing items resulting from Guests and/or Visitors failure to abide by the terms of this Agreement should exceed the amount of the deposit, NOBE Clearwater LLC will charge the Guest for the difference and/or pursue legal action. Cause(s) for withholding deposit funds, charging Guest’s credit card and/or pursuing legal action include, but are not limited to: damage to Premises or contents; missing or broken items; lost keys; required extra cleaning; failure to comply fully with the departure checklist; smoke odors or damage; mailing charges for items left behind; unauthorized persons visiting or staying at the Premises; the presence of a pet without authorization; noise complaints after 10pm, including related fines; trespassing on neighboring properties; and unauthorized late checkout.

 

 

 

GUEST RELEASE AND WAIVER. NOBE Clearwater LLC (“Andy”), TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU RELEASE AND PROMISE NOT TO SUE NOBE CLEARWATER LLC (WHICH SHALL INCLUDE FOR PURPOSES OF THIS AGREEMENT, WITHOUT LIMITATION, ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AND THE PROPERTY OWNER) FOR ANY CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES (WHETHER ECONOMIC OR NON-ECONOMIC), DAMAGES, EXPENSES, COSTS OR LIABILITIES OF ANY NATURE WHATSOEVER ARISING FROM OR IN CONJUNCTION WITH THE STAY, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, EXCEPT THAT FOR INTENTIONAL OR RECKLESS MISCONDUCT BY NOBE CLEARWATER LLC . YOU FURTHER EXPRESSLY WAIVE ANY AND ALL PROTECTIONS OF FLORIDA STATUTE CIVIL CODE TITLE VI CHAPTER 46 SECTION 015 WHICH STATES:

Release of parties.

(1) A written covenant not to sue or release of a person who is or may be jointly and severally liable with other persons for a claim shall not release or discharge the liability of any other person who may be liable for the balance of such claim.

(2) At trial, if any person shows the court that the plaintiff, or his or her legal representative, has delivered a written release or covenant not to sue to any person in partial satisfaction of the damages sued for, the court shall set off this amount from the amount of any judgment to which the plaintiff would be otherwise entitled at the time of rendering judgment.

(3) The fact that a written release or covenant not to sue exists or the fact that any person has been dismissed because of such release or covenant not to sue shall not be made known to the jury.

History. —ss. 1, 2, Ch. 80-144; s. 265, Ch. 95-147; s. 5, Ch. 2000-336.

 

 

APPLICABLE LAW. Any legal or equitable claim that may arise from participants in the above shall be resolved under Florida law with venue in Pinellas County.

 

UNENFORCEABLE TERMS. If any portion of this Agreement is held to be illegal or otherwise unenforceable, the balance of the Agreement shall continue in full force and effect.

 

NO DURESS. You agree and acknowledge that you came under no pressure or duress to sign this Agreement and that You have been given a reasonable opportunity to review it, both personally and with legal counsel of your choosing, before signing.

 

NEUTRAL INTERPRETATION. In the event any uncertainty or ambiguity is found to exist in the interpretation of the Agreement, the Agreement shall be interpreted in a neutral manner and without reference to any party’s role in preparation of the Agreement.

 

RULES AND REGULATIONS All Guests and Visitors must strictly observe and abide by all Rules and Regulations for the Premises as discussed below as well as the NOBE Clearwater LLC house information provided as a link and/or PDF with the check-in information.

 

1. PHOTOSHOOTS: No professional photoshoots are allowed without prior written approval of NOBE Clearwater LLC. Unauthorized use of the Premise’s name, address or images, including its interior, exterior and/or private property surroundings, for any NOBE Clearwater LLC 3 commercial use, including but not limited to selling, advertising, marketing, and/or promotion of any product or business or use in any print, advertising, TV, film production, electronic or other media, is prohibited.

2. SPECIAL EVENTS: Special events, including but not limited to weddings and parties, are not permitted without prior written approval of NOBE Clearwater LLC.

3. PROHIBITED ITEMS: DJ equipment and PA speakers are prohibited without prior written approval of NOBE Clearwater LLC. Additionally, the following items are not allowed on the Premises: - Candles - Incendiary Devices - Confetti - Glitter - Paint

4. INTERNET: No illegal or abusive use of the Internet access is allowed on the Premises.

5. OWNER ACCESS: Guest shall allow the owner of the Property or any designated workers access to the Premises for landscaping and routine maintenance, cleaning, repairs and inspection of buildings, and any pool and hot tub on the Premises.

6. SMOKING: Smoking is not allowed inside the house on the Premises or within 50 feet of any exterior door of the house.

7. SURVEILLANCE: Guests hereby acknowledge and accept that there is a surveillance camera on the Premises facing the driveway area.

8. PETS: Pets are allowed only with prior written permission of NOBE Clearwater LLC. If NOBE Clearwater LLC allows pet(s), there will be an increased cleaning fee and a pet deposit may be required. Any Guests with a pet(s) must also comply with the following rules: - use protective sheets that will be left for you to cover any place where your pet may lie (we are not equipped to shampoo furniture or rugs or dry clean bedding after your departure); - outside the house, dogs are to be leashed at all times; and - owners must immediately pick up after their pets and deposit waste in a plastic bag and place it in the garbage. In addition to our additional pet cleaning fee, NOBE Clearwater LLC will deduct the costs of extra cleaning or repairs necessitated by the presence of your pets. In addition, you assume all responsibility for any harm that may come to your pets(s) and agree to hold harmless NOBE Clearwater LLC, the Property owner, their agents and employees against all losses, claims, liabilities, causes of action, damages, costs and expenses related to any harm that may come to your pet(s) while on the Premises. NOBE Clearwater LLC

9. BBQ GRILL: BBQ Grills, while providing a unique and enjoyable experience, can be dangerous. People (as well as pets) can be severely injured if they are not properly used. - Adult supervision is required for anyone under the age of 18;

10. NOISE: Be considerate of the neighbors and keep music and voices at a respectful volume. There is a county-wide noise ordinance of no amplified music or loud noises after 10pm.

11. DRONES: You may fly a drone on the property to the extent you have any necessary governmental licenses and/or approvals relating thereto, but never into neighboring properties.

12. FURNITURE: Do not take furniture from inside the house and use it outside. If You rearrange any of the furniture, You are responsible for returning it to where it was located when you arrived. Our cleaners are unable to move heavy furniture. If you do move furniture, please lift rather than drag heavy items so as not to damage the floors. By signing below, I agree to NOBE Clearwater LLC Guest Rental Agreement and Release of Liability. 

13. BOAT DOCKS: Boat docks, while providing a unique and enjoyable experience, can be dangerous. People (as well as pets) can be severely injured if they are not properly used. - Adult supervision is required for anyone under the age of 18. No access permitted from Sunset to Sunrise eastern standard time.

First Participant's Name

First Name*

Last Name*
First Participant's Age Acknowledgment*
First Participant's Date of Birth*
I certify that I am 18 years of age or older
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email*

Confirm Email*
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the parent or court-appointed legal guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*

Phone*
Parent or Guardian's Age Acknowledgment*
Parent or Guardian's Date of Birth*
I certify that I am 18 years of age or older
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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