Island Soul Life

Rental Agreement Including Pet Agreement

SHORT-TERM VACATION RENTAL AGREEMENT

Holmes Beach, Manatee County, Florida

This Short-Term Vacation Rental Agreement (“Agreement”) is entered into between the property owner or authorized rental agent identified below (“Owner”) and the person making the reservation (“Guest”). Guest represents that Guest is authorized to enter into this Agreement and agrees that all persons occupying the Property will comply with this Agreement. This Agreement governs Guest’s temporary occupancy of the vacation rental property described below (“Property”) and incorporates the reservation details, payment terms, house rules, and any written instructions provided by Owner or Owner’s authorized property manager.

1. PROPERTY

Property Address: 2813 Avenue E, Holmes Beach, FL 34217

Property Name: Island Soul Life Beach House

Owner: Deborah Whitaker

Owner Telephone: 239-940-6124 Email: [email protected]

Holmes Beach Vacation Rental Certificate No.: VRC24-000056

Florida DBPR License No.: DWE5107219

Maximum Occupancy: 6

Maximum Vehicles: 2

Number of Bedrooms: 3

The Property is located within the City of Holmes Beach, Manatee County, Florida. Guest acknowledges that occupancy and use of the Property are subject to applicable federal, Florida, Manatee County, and City of Holmes Beach laws, ordinances, regulations, permits, certificates, zoning requirements, and applicable condominium, homeowners' association, or neighborhood rules.

2. GUEST AND AUTHORIZED OCCUPANTS

Guest is the party creating the reservation on the booking platform. Guest shall be responsible for the conduct of every person Guest permits onto or into the Property.

The reservation dates will be confirmed by the Guest at the time the reservation is created on the booking platform.

Check-in Time: 3 pm (EST) Check-out Time: 10 am

The maximum number of occupants may not exceed the maximum lawful occupancy applicable to the Property, which is 6 total persons. If the City's applicable occupancy limitation, Vacation Rental Certificate, fire/life-safety requirement, zoning requirement, or other applicable regulation imposes a lower limit, the lower limit controls.

Guest shall not permit additional overnight occupants.

3. NATURE OF OCCUPANCY

The Property is being rented solely for temporary vacation or transient occupancy as defined under Florida law and Chapter 509 of the Florida Statutes. This Agreement does not create a landlord-tenant relationship except to the extent that applicable Florida law requires otherwise. Guest receives a limited contractual right to occupy the Property for the agreed rental period and for the purposes permitted by this Agreement. Guest shall not establish the Property as Guest's permanent residence, domicile, business address, mailing address, or legal residence. Guest shall not assign this Agreement, sublease the Property, advertise the Property for resale or subletting, or permit another person to take over the reservation without Owner's prior written consent. The agreed rental period must comply with all applicable Holmes Beach zoning and vacation-rental requirements.

4. RENTAL PERIOD

Guest must vacate the Property no later than the stated check-out time unless Owner provides written authorization for a later departure. Unauthorized early check-in or late check-out may result in additional charges, including reasonable costs incurred by Owner, cleaning personnel, property managers, or replacement guests. If Guest remains at the Property after the authorized rental period without permission (constituting criminal trespass), Owner may exercise any rights available under applicable law, such as immediate law enforcement removal.

5. RENT AND OTHER CHARGES

The total amount due for the reservation is stated on the booking platform. Guest agrees to pay all amounts shown on the reservation statement. Taxes and governmental charges will be collected to the extent required by applicable law. Florida imposes tax on many transient rentals, and applicable local transient-rental taxes also applies.

6. PAYMENT

Unless otherwise stated in the reservation confirmation:

  1. A reservation deposit of 50% is due upon booking.
  2. The remaining balance is due 60 days prior to the reservation check-in date.
  3. If the original booking date is within 60 days of the reservation check-in/arrival date, 100% of the total will be due at the time of booking.
  4. If payment is not timely received, Owner may cancel the reservation after providing any notice required by applicable law or the applicable booking platform's terms.
  5. Guest authorizes Owner or the applicable booking platform to charge the payment method on file for amounts properly due under this Agreement, subject to applicable law and platform rules.
  6. All collected amounts are non-refundable 60 days prior to the reservation check-in/arrival date.

Owner recommends purchasing independent travel insurance via a third-party platform to protect against unforeseen emergencies. Owner is not responsible for any agreement made between Guest and third-party travel insurance provider. Note: If Guest wants CFAR coverage, there may be strict requirements to secure the policy within 14 to 21 days of making the first deposit to be eligible.

A reservation is not guaranteed until Owner or the booking platform confirms the reservation and required payment has been received.

7. MANDATORY PROPERTY PROTECTION & GUEST SCREENING

In leu of a security deposit, Guest shall pay a Mandatory Property Protection Fee that will be paid to Truvi, which will be a clear line-item on the reservation statement included in the total amount due. An email from Truvi will be sent to the Guest requesting basic documentation to confirm the Guest’s identify utilizing their secure process. Guest is required to complete a digital guest verification screening powered by Truvi prior to receiving check-in instructions. The property protection excludes certain items, such as gross negligence, unauthorized parties, criminal activity, etc. The Guest agrees to be personally liable for any damages, excessive cleaning fees, or structural damage that exceeds the waiver threshold and/or restrictions. Ordinary wear and tear will not be charged to Guest.

8. CANCELLATION BY GUEST

Guest's cancellation rights and any refund will be governed by the cancellation policy stated in the reservation confirmation, unless otherwise required by applicable law.

Cancellation Policy: Cancellations are allowed up to 60 days prior to your stay (minus the $28.75 Management Fee & the credit card processing fees). Within 60 days, the total reservation amount is nonrefundable. Guest is encouraged to purchase independent travel insurance via a third-party platform to protect against unforeseen emergencies. If Guest cancels and another booking occurs for the same exact reservation time-period, then Guest will receive a refund of those newly collected reservation funds as long as that new booking does not cancel (minus credit card processing fees and the $28.75 Management Fee).

If a booking platform's cancellation policy conflicts with this Agreement, the booking platform's mandatory terms will control to the extent applicable to the reservation.

9. CANCELLATION OR TERMINATION BY OWNER

Owner may cancel or terminate the reservation when permitted by applicable law, including when:

  1. Guest fails to make required payment;
  2. Guest provides materially false or misleading information;
  3. the Property becomes unavailable because of casualty, emergency, governmental order, utility failure, structural problem, unsafe condition, or circumstances beyond Owner's reasonable control;
  4. occupancy would violate applicable law, zoning, licensing, certificate, condominium, HOA, or insurance requirements;
  5. Guest materially breaches this Agreement;
  6. Guest engages in conduct that creates a threat to persons or property; or
  7. continued occupancy would expose Owner or the Property to substantial legal, regulatory, safety, or insurance risk.

If Owner cancels before occupancy for a reason within Owner's control, Owner will provide any refund required under the reservation terms and applicable law. If cancellation results from an emergency, governmental action, casualty, natural disaster, utility failure, unsafe condition, or other circumstance outside Owner's reasonable control, Guest's remedies will be limited to those required by applicable law and the applicable reservation terms.

10. HURRICANES, TROPICAL STORMS, FLOODING, AND EVACUATION

Holmes Beach is located in a hurricane-prone coastal area. Guest acknowledges the risks associated with hurricanes, tropical storms, storm surge, flooding, high winds, lightning, extreme weather, evacuation orders, and related conditions. If a governmental authority issues a mandatory evacuation order affecting the Property, Guest shall promptly comply with the evacuation order and Owner's instructions. Guest shall not remain at the Property in violation of a mandatory evacuation order. If a storm, evacuation, or other emergency materially affects the reservation, refunds or alternative arrangements will be governed by applicable law, the reservation terms, and any applicable insurance or booking-platform policy. Owner does not guarantee that the Property will be accessible, habitable, powered, or available during or after a severe weather event.

11. USE OF PROPERTY

The Property may be used only as a private vacation residence by the authorized occupants. Parties/events/large gatherings involving persons beyond the authorized occupants, unless Owner has expressly approved the activity in writing and the activity is lawful. Guest shall not use the Property for any unlawful purpose.

12. QUIET HOURS AND NOISE

Guest must comply with all City of Holmes Beach noise regulations and quiet-hour requirements.

Quiet hours are 10:00 p.m. through 7:00 a.m.

During quiet hours, Guest shall keep voices, music, televisions, outdoor activities, vehicles, and other sounds at levels that do not disturb neighboring properties. Guest acknowledges that Holmes Beach regulates noise and that violations can result in enforcement action. No party, amplified outdoor music, disruptive gathering, or other activity that creates a neighborhood disturbance is permitted at any time.

13. OCCUPANCY LIMITS

Guest shall never exceed the maximum lawful occupancy of 6 persons. Daytime visitors are permitted only to the extent they do not violate the Property's occupancy, parking, noise, fire-safety, HOA, or other applicable restrictions.

14. PARKING AND VEHICLES

Guest may park only in designated parking areas, which are next to the house in the designated driveway and in front of the house with the vehicle parallel to Avenue E with the front of the vehicle facing North (as per City of Holmes Beach’s requirements).

Maximum Authorized Vehicles: 2

No vehicle may obstruct neighboring property; block emergency access; block driveways; park on prohibited areas; damage landscaping; or violate City requirements. Guest is responsible for all parking-related violations, towing charges, fines, or damages caused by Guest or Guest's visitors.

15. PETS AND ANIMALS

Pets: Permitted after owner approved only as stated below

Approved pets: As discussed in writing in Guest messaging Owner

Maximum number: 2

Pet fee: $150 (+ sales tax)

No pet may be brought onto the Property without prior written authorization, except for legally protected service animals or other animals protected by applicable law.

Guests with approved pets must comply with the following pet policy:

Owner loves hosting well-behaved dogs (allergies do not permit cats) with the goal of keeping the Property beautiful/well-maintained for all present/future Guests. By bringing a pet, Guest agrees to the following:

    • Dog is house broken and up-to-date on vaccinations.
    • Maximum of 2 dogs with approval.
    • Dog must be under 90 pounds.
    • Dogs may be on furniture, beds, couches as long as linens cover for allergy reasons of future guests and to prevent damage.
    • Dogs must be clean and dry before entering.
    • Dogs cannot be left unattended if not well-behaved, destructive, or receive noise complaints.
    • Dog owners will need to comply with City dog leash rules. (Note: Dogs aren’t allowed on the beach.). Guests comply with all local ordinances in Holmes Beach and Anna Maria Island.
    • Guest agrees to a $150 non-refundable and taxable pet fee.
    • Guest is responsible for any pet-related damage (scratches, stains, odors, chewing, digging, etc.).
    • Additional cleaning fees will be charged if excessive hair, odor, or waste is left behind
    • Pet waste or other accidents must be cleaned immediately and reported.
    • Dogs must be on active flea/tick prevention due to City ordinance. Any infestation requiring treatment will be charged to the Guest.
    • Guest must remove and properly dispose of all pet waste. No pet waste may be left in yard, driveway, or trash bins without bagging.
    • If pet has ever been known to bite, pet cannot be allowed for safety and liability reasons.
    • Guest assumes full responsibility for pet.
    • Guest is liable for any injury or damage caused by their pet to people, neighbors, or property.
    • All pets must be pre-approved prior to booking.
    • Unauthorized pet(s) may result in cancellation without refund.
    • Guest must provide a phone number and be reachable, if pet issues arise.
    • If Owner/Manager must intervene (noise, safety, etc.), guest agrees to comply immediately.

Friendly note: Property is not fully fenced, but it is a great place to host Guest’s pet.

Guest remains responsible for damage, extraordinary cleaning, odor remediation, flea treatment, or other actual losses caused by an unauthorized or improperly controlled animal, to the extent permitted by law.

16. SMOKING, VAPING, AND FIRE

Guest shall not smoke or vape inside the home or screened enclosure. Guest shall properly dispose of smoking materials and shall never discard cigarette butts in landscaping, sand, streets, drains, or trash receptacles in a manner that creates a fire hazard.

Smoking and vaping are permitted only at least 20’ from exterior doors/windows.

Candles, fireworks, incendiary devices, and open flames are prohibited except for lawful fixtures or equipment specifically provided for that purpose. No fireworks may be used on or from the Property.

17. OUTDOOR SHOWER

The Property contains an outdoor shower. Guest uses such facility at Guest's own risk and shall follow typical water safety. Guest agrees children must be supervised by a responsible adult. No running around wet areas. No glass containers. Guest acknowledges that drowning, injury, illness, slips, falls, and other hazards are possible. Nothing in this Agreement waives any right or remedy that cannot lawfully be waived under Florida law.

18. BEACH AND COASTAL CONDITIONS

Guest acknowledges that beach conditions can change because of tides, storms, erosion, currents, surf conditions, red tide, marine life, rip currents, lightning, flooding, and other natural conditions. Guest is solely responsible for making prudent decisions concerning swimming, boating, fishing, paddleboarding, snorkeling, and other recreational activities. Owner does not guarantee beach conditions, beach access, water quality, beach availability, or the availability of public amenities.

19. SEA TURTLE AND COASTAL LIGHTING

Because the Property is in a coastal area, Guest shall comply with any posted sea-turtle protection requirements and applicable lighting restrictions, which may be found in the guest binder in the vacation rental.

Where applicable, Guest shall:

  • close blinds or curtains at night;
  • avoid directing bright light toward the beach;
  • use only permitted exterior lighting;
  • comply with posted turtle-lighting instructions; and
  • follow all governmental beach and wildlife-protection rules.

20. TRASH AND RECYCLING

Guest shall place trash and recycling only in the designated containers.

Guest shall:

  • bag household trash appropriately;
  • keep containers closed;
  • avoid overfilling containers;
  • comply with collection schedules;
  • place containers only where permitted;
  • bring containers back from the curb or designated location when required; and
  • keep trash from attracting animals or creating odors.

Guest shall not leave garbage, furniture, mattresses, appliances, or other materials outside the Property except as specifically authorized. Holmes Beach imposes specific solid-waste requirements applicable to vacation rentals.

21. PROPERTY CONDITION AND INSPECTION

Guest shall inspect the Property promptly upon arrival. Any material defect, damage, missing item, unsafe condition, or malfunction should be reported to Owner or Manager promptly and, preferably, within the first 3 hours after check-in. Failure to report a condition may make it more difficult to determine when damage occurred, but Guest will not be responsible for pre-existing damage that Guest did not cause. Owner or Manager may conduct inspections when reasonably necessary, including for maintenance, emergency response, safety, suspected violations, or protection of the Property, subject to applicable law.

22. MAINTENANCE AND REPAIRS

Guest shall promptly report:

  • plumbing leaks;
  • electrical problems;
  • air-conditioning problems;
  • water intrusion;
  • broken locks;
  • appliance failures;
  • pest problems;
  • roof or structural problems;
  • security concerns; and
  • other conditions requiring attention.

Guest shall not attempt major repairs or alter electrical, plumbing, HVAC, security, or other systems.

Guest shall not hire contractors or incur expenses on Owner's behalf without prior authorization, except where immediate action is reasonably necessary to protect persons or prevent substantial property damage.

23. UTILITIES AND INTERNET

Owner will provide the utilities and services identified in the listing or reservation confirmation. Internet, Wi-Fi, television, streaming services, cable, telephone, and similar services are provided as amenities and are not guaranteed to be uninterrupted. Owner is not responsible for outages caused by utility providers, telecommunications companies, weather, equipment failure, governmental action, or circumstances beyond Owner's reasonable control. Guest shall not use the Internet or Property's technology for unlawful activity, copyright infringement, harassment, hacking, or other prohibited conduct.

24. FURNISHINGS AND PERSONAL PROPERTY

Furniture, appliances, electronics, kitchen equipment, linens, towels, beach equipment, games, and other Property items may be used only for their intended purposes. Guest shall not remove Property items from the premises unless specifically authorized. Beach towels are intended for use at the beach, and are expected to be used outside of the Property and returned after use. Guest shall not move heavy furniture, remove mattresses, dismantle equipment, or make alterations. Guest shall return all items to their original location before departure.

25. KEYS, ACCESS CODES, AND SECURITY DEVICES

Guest shall not duplicate keys or distribute access codes except to authorized occupants. Guest shall not disable, tamper with, cover, disconnect, or interfere with lawful security, safety, alarm, smoke-detection, or monitoring equipment. Guest shall lock doors and windows when leaving the Property. Lost keys, remotes, or access equipment may result in charges for replacement or reprogramming, to the extent permitted by law.

26. SECURITY CAMERAS AND MONITORING

Any exterior cameras, noise-monitoring devices, smart locks, or other monitoring equipment will be used only in accordance with applicable law and applicable privacy requirements. No surveillance device will intentionally monitor areas where guests have a legally protected expectation of privacy. Guest shall not tamper with or disable security equipment.

For your security, there is an active exterior security camera mounted under the roof eve near the front entrance facing toward the street, front entrance, and parking area recording video and audio.

Any specific devices located at the Property are disclosed to Guest in the Property's listing, check-in materials, or separate disclosure as required by applicable law and booking-platform rules.

27. PROHIBITED ACTIVITIES

Guest shall not:

  1. violate any law or ordinance;
  2. exceed lawful occupancy;
  3. create a nuisance;
  4. disturb neighbors;
  5. hold unauthorized parties or events;
  6. engage in commercial activity without written permission;
  7. use the Property for prostitution or unlawful sexual activity;
  8. manufacture, distribute, or use illegal controlled substances;
  9. possess unlawful weapons or explosives;
  10. discharge firearms;
  11. store hazardous materials;
  12. tamper with smoke alarms or safety devices;
  13. damage landscaping or neighboring property;
  14. park unlawfully;
  15. discharge wastewater or pollutants;
  16. engage in unlawful gambling;
  17. sublease or assign the Property;
  18. use the Property for filming or commercial photography without authorization; or
  19. engage in any activity that would cause Owner to violate law, insurance requirements, licensing requirements, or governmental regulations.

28. NOISE, NUISANCE, AND NEIGHBOR RELATIONS

Guest understands that the Property is located in a residential coastal community and agrees to be a considerate neighbor.

Guest shall not:

  • yell or shout outdoors;
  • play loud music;
  • use amplified outdoor sound;
  • create excessive vehicle noise;
  • engage in disruptive activity;
  • engage in behavior that causes repeated complaints; or
  • otherwise interfere with neighboring residents' peaceful enjoyment of their property.

A complaint from a neighbor or governmental authority may result in immediate investigation and, where appropriate, termination of the reservation for a material violation.

29. CHILDREN AND SAFETY

Guest is responsible for supervising children at all times. Owner does not represent that the Property is childproof. Guest must use appropriate caution around stairs; decks; windows; doors; grills; appliances; electrical outlets; roads; bodies of water; and other potentially hazardous areas.

30. GRILLS AND OUTDOOR EQUIPMENT

The grill may be used only in the designated area and in accordance with safety instructions. Guest shall never move a grill indoors, under an enclosed structure, or into another location where fire or carbon-monoxide hazards may arise. Guest shall properly extinguish all fires and ensure that grills are cool before disposal or cleaning.

31. DAMAGE TO PROPERTY

Guest is responsible for damage caused by Guest, Guest's occupants, visitors, pets, or invitees, except for ordinary wear and tear.

Damage includes, without limitation:

  • broken furniture;
  • broken windows;
  • stained or damaged linens;
  • damaged flooring;
  • damaged appliances;
  • damaged pool equipment;
  • damaged landscaping;
  • lost keys;
  • damaged electronics;
  • clogged plumbing caused by improper use;
  • excessive cleaning;
  • unauthorized alterations; and
  • damage caused by unauthorized parties or animals.

Owner may recover actual damages and other amounts permitted by applicable law.

32. EXCESSIVE CLEANING

Guest shall leave the Property in reasonably orderly condition.

Guest shall:

  • remove food from refrigerators;
  • place trash in designated containers;
  • wash or load dishes after rinsing;
  • return furniture to its original location;
  • remove personal belongings;
  • clean excessive spills where reasonably possible; and
  • comply with check-out instructions.

The ordinary cleaning fee covers normal turnover cleaning. It does not necessarily cover extraordinary cleaning caused by excessive mess, bodily fluids, pet waste, smoking, parties, stains, excessive trash, or other unusual conditions.

33. PERSONAL BELONGINGS

Guest is responsible for personal belongings. Owner is not responsible for loss, theft, or damage to Guest's personal property except to the extent liability cannot lawfully be disclaimed. Guest should not leave valuables unattended.

34. LOST AND FOUND

Items discovered after departure will be handled according to Owner's lost-and-found procedures. Guest authorizes Owner or Manager to ship an item to Guest at Guest's expense. Items that are perishable, unsanitary, hazardous, illegal, or otherwise impractical to store may be discarded.

35. ACCESS BY OWNER OR AUTHORIZED PERSONS

Owner, Manager, maintenance personnel, contractors, inspectors, emergency personnel, governmental authorities, and other persons legally entitled to enter the Property may access the Property as permitted by law. Except in an emergency or where otherwise permitted by law, reasonable notice will be provided when required. Guest shall not obstruct lawful access.

36. COMPLIANCE WITH GOVERNMENTAL REQUIREMENTS

Guest agrees to comply with all applicable laws, ordinances, regulations, rules, and governmental directives.

This includes, without limitation:

  • City of Holmes Beach regulations;
  • Manatee County requirements;
  • Florida law;
  • fire-safety requirements;
  • health and sanitation requirements;
  • noise regulations;
  • parking regulations;
  • occupancy requirements;
  • vacation-rental regulations;
  • evacuation orders;
  • environmental regulations; and
  • beach regulations

Holmes Beach maintains a dedicated vacation-rental regulatory framework addressing matters such as certification, occupancy, advertising, parking, quiet hours, solid waste, and required information.

37. MINIMUM-STAY AND ZONING COMPLIANCE

The parties acknowledge that the Property's permitted rental duration depends upon its zoning, legal status, applicable certificate, and current City regulations. The reservation must comply with the minimum lawful rental period applicable to the Property. Guest may not request or receive a modification that would cause the reservation to violate the City's minimum-stay requirements.

The Property's current zoning classification is:

Zoning: R-4

Applicable Minimum Stay: 7 days

38. ADVERTISING AND RESERVATION INFORMATION

Guest acknowledges that Owner may be required to provide certain information in vacation-rental advertising and governmental records. The reservation information provided by Guest must be accurate. Guest shall not ask Owner or a booking platform to misstate number of guests; rental dates; identity of guest; and other material reservation information.

39. MANDATORY FLORIDA RADON GAS DISCLOSURE

RADON GAS DISCLOSURE: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health department."

40. ACCESSIBILITY

Guest should notify Owner before arrival of any reasonable accessibility-related accommodation request. Owner will comply with applicable federal, state, and local accessibility laws. Nothing in this Agreement is intended to waive rights or obligations imposed by applicable disability or fair-housing laws.

41. INDEMNIFICATION

To the maximum extent permitted by Florida law, Guest agrees to indemnify and hold harmless Owner and Owner's authorized manager from claims, losses, damages, costs, fines, liabilities, and expenses arising from Guest's negligent, reckless, unlawful, or unauthorized conduct or from the conduct of Guest's occupants, invitees, or pets. This provision does not require Guest to indemnify Owner for losses caused by Owner's own conduct to the extent such indemnification would be prohibited by applicable law.

42. RELEASE OF LIABILITY

Guest acknowledges that vacation-property use involves inherent risks, including risks associated with beaches, ocean water, stairs, grills, outdoor shower, outdoor activities, weather, wildlife, insects, and other conditions. Guest voluntarily assumes risks inherent in the ordinary use of the Property and surrounding recreational facilities. Nothing in this provision releases or limits liability to the extent such release or limitation is prohibited by Florida law.

43. EMERGENCIES

For life-threatening emergencies, Guest should call 911.

Guest should immediately notify Owner or Manager of any emergency affecting the Property.

Examples include:

  • fire;
  • flooding;
  • gas odor;
  • major water leak;
  • electrical hazard;
  • structural damage;
  • break-in;
  • medical emergency;
  • dangerous wildlife; or
  • other immediate threats to life or property.

Guest shall cooperate with emergency personnel and governmental authorities.

44. EMERGENCY REPAIRS

If an emergency occurs, Owner may take reasonable steps to protect life and property, including arranging emergency repairs, temporary relocation, utility shutoff, or other protective measures. Owner will make reasonable efforts to communicate with Guest. Owner does not guarantee that emergency repairs can be completed immediately.

45. PROPERTY UNAVAILABILITY

If the Property becomes materially unavailable because of fire, storm damage, flood, governmental order, major utility failure, structural damage, or another event outside Owner's reasonable control, Owner may cancel the reservation or, where reasonably possible, offer an alternative arrangement. Guest's refund or other remedies will be determined by applicable law and the applicable reservation terms. Owner will not be liable for consequential losses such as airfare, transportation, lost wages, meals, alternative vacation expenses, or other consequential damages unless required by applicable law.

46. DEFAULT BY GUEST

Guest is in default if Guest materially violates this Agreement, applicable law, or the Property's rules.

Examples include:

  • nonpayment;
  • unauthorized occupancy;
  • unauthorized party;
  • excessive noise;
  • smoking violation;
  • unauthorized pet;
  • illegal activity;
  • property damage;
  • parking violation;
  • falsification of reservation information; or
  • material disturbance of neighbors.

Depending upon the nature and severity of the violation, Owner may provide a warning, require correction, impose authorized charges, terminate occupancy, seek removal or other legal remedies, or pursue damages as permitted by law. Nothing in this Agreement authorizes self-help eviction or any action prohibited by Florida law.

47. IMMEDIATE TERMINATION FOR SERIOUS MISCONDUCT

To the extent permitted by law, Owner may terminate the reservation and pursue lawful remedies without an opportunity to cure where Guest engages in conduct involving:

  • criminal activity;
  • threats of violence;
  • intentional property destruction;
  • unauthorized parties or events creating an immediate threat;
  • material safety violations;
  • tampering with life-safety equipment;
  • conduct creating substantial risk to persons or property; or
  • other conduct that legally justifies immediate termination.

Any removal of Guest will be conducted in accordance with applicable Florida law.

48. ATTORNEY'S FEES AND COSTS

To the extent permitted by Florida law, the prevailing party in litigation arising from this Agreement may be entitled to recover reasonable attorney's fees and taxable costs. This provision is subject to any statutory limitation or reciprocal attorney-fee provision applicable to the parties.

49. GOVERNING LAW AND VENUE

This Agreement shall be governed by the laws of the State of Florida. To the extent permitted by law, any litigation concerning this Agreement shall be brought in a court of competent jurisdiction in or serving Manatee County, Florida.

50. SEVERABILITY

If any provision of this Agreement is determined to be invalid, unenforceable, or contrary to law, the remaining provisions shall remain effective to the fullest extent permitted by law. The invalid provision shall be interpreted or modified only to the minimum extent necessary to make it enforceable, where legally permissible.

51. NO WAIVER

Failure by Owner to enforce a provision on one occasion does not constitute a waiver of the right to enforce that provision later. A waiver must be in writing unless otherwise required by applicable law.

52. ENTIRE AGREEMENT

This Agreement, together with the reservation confirmation, applicable house rules, disclosed property rules, and any written addenda, constitutes the agreement between Owner and Guest concerning the reservation. Any amendment must be in writing or otherwise documented through the booking platform or other authorized reservation system. If an applicable booking platform has mandatory terms that cannot be overridden by this Agreement, those mandatory terms will control to the extent of any conflict.

53. ELECTRONIC SIGNATURES AND RECORDS

Electronic acceptance, electronic signatures, online booking confirmation, email acceptance, or acceptance through an authorized booking platform may constitute execution of this Agreement to the extent permitted by law. Electronic copies may be treated as originals.

54. NO ORAL MODIFICATION

No oral statement by Owner, Manager, cleaning personnel, maintenance personnel, neighbors, or other persons modifies this Agreement unless the person making the statement is authorized by Owner to make such modification and the modification is documented in writing.

55. GUEST CERTIFICATION

By signing or electronically accepting this Agreement, Guest represents and warrants that:

  1. Guest has reviewed this Agreement;
  2. Guest understands the Property's rules;
  3. Guest will comply with all applicable laws;
  4. Guest has provided accurate reservation information;
  5. Guest will not exceed the lawful occupancy;
  6. Guest will not conduct an unauthorized party or event;
  7. Guest will respect neighbors;
  8. Guest will comply with quiet hours;
  9. Guest will pay all amounts due;
  10. Guest will be responsible for persons Guest permits onto the Property; and
  11. Guest accepts the Property for temporary vacation use under the terms of this Agreement.

56. CHECK-OUT REQUIREMENTS

Before leaving, Guest shall:

  1. check that all personal belongings have been removed;
  2. remove food as instructed;
  3. place trash in designated containers;
  4. wash/load dishes as instructed;
  5. turn off lights and unnecessary appliances;
  6. adjust thermostats as instructed;
  7. close and lock windows and doors;
  8. return keys, remotes, and access devices;
  9. secure outdoor areas;
  10. report any damage or maintenance problem;
  11. comply with any posted property-specific instructions; and
  12. depart no later than the authorized check-out time.

57. SIGNATURES

By signing below, Guest acknowledges that Guest has read, understands, and agrees to this Short-Term Vacation Rental Agreement and all incorporated rules. If left unsigned, it is understood that by booking and paying the rental fee, Guest is in agreement and will comply with the rental agreement in its entirety.

Name: __________________________________________

Signature: _______________________________________

Date: ___________________________________________


2399406124

Avenue E, Holmes Beach, FL, United States 34217.
[email protected]
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