THIS TEXAS VACATION RENTAL AGREEMENT (this “Agreement”) is made by and between Vacation Rental Pros Property Management LLC, a Florida limited liability company d/b/a “VTrips” and d/b/a “Ryson Vacation Rentals” (“Manager”) & the guest identified below (“Guest”).
1. SECTIONS INCORPORATED: The sections above titled “RENTAL PROPERTY INFO.” and “GUEST INFORMATION” and their defined terms and content are incorporated herein by reference.
2. RENTAL SUBJECT TO THIS AGREEMENT: Guest (defined above) hereby agrees to rent the subject vacation property from Manager subject to the terms hereof.
3. TERM: Guest’s occupancy right under this Agreement begins on the Arrival Date and ends on the Departure Date. Check-in is 4:00 p.m. and Check¬out is 10:00 a.m. (local time of vacation property). Certain properties may be eligible for early check-in and/or late check¬out for an additional fee where advance written approval from Manager is obtained.
4. OCCUPANCY LIMIT; COMPLIANCE: The maximum cumulative number of guests and occupants allowed at the vacation property at any one time includes all persons regardless of age, whether adults, teens, small children and/or infants (collectively, the “Guest’s party”). The Guest and requested fellow occupants (listed above), when approved, are the only overnight guests allowed, unless prior written permission is received from Manager. The Guest signing this Agreement must be at least 30 years of age and must occupy the vacation property unit throughout the duration of the reservation. The Guest will be held responsible for any violation of this Agreement, Association policies and rules, ordinances, laws & regulations, Manager rules and policies then in effect, and for any losses incurred by Manager, the owner of the vacation property, or to or relating to the vacation property or its furnishings, due to negligence, acts, omissions, or intentional acts or destruction by Guest or any of its invitees. Any violation of this Section or this Agreement may, in the sole discretion of Manager, result in the immediate removal or ejection of Guest and all invitees from the vacation property. Weddings, receptions, and parties of any kind are not allowed without the advance written request and written approval from Manager. Additional fees will be charged for approved events and vary per rental. In the event that Manager approves an event for Guest to occur at or near the vacation property, such approval shall not alter or materially modify the maximum occupancy limits set forth above as to the rental unit.
5. RENT & PAYMENTS: The Rent for this reservation is as follows:
a) RESERVATION DEPOSIT: A reservation deposit of $300 or $1000 ($1,000 if total rental amount is greater than $4,000) is required at the time of booking. The deposit is credited toward the total amount due and is only refundable if written cancellation is request is delivered to Manager within 48 hours of booking; and
b) FINAL PAYMENT: You may always make your Final payment early to finalize your reservation, but in any event, Final payment is due and must be received by Manager no later than 45 days before the Arrival Date. After your reservation is timely paid in full, a code or instructions to access the vacation property will be sent to you by e¬mail or telephone generally a week prior to your arrival date, so that you can enter the vacation property at the approved time on the Arrival Date. Final Payment is required to be delivered and fully paid to Manager before entrance on or in the vacation property. No Reservation is effective or binding until receipt of all payments including, without limit, the Final Payment. A bounced check or check returned NSF or for insufficient funds does not constitute making Final Payment since a check is merely a promise of payment and the proceeds of the check would not have been received. Any check returned by the bank or credit union for any reason will be charged a $40 check return fee and possible cancellation of Reservation and this Agreement.
6. PARKING LIMITS FOR RENTAL: The maximum number of vehicles allowed for this reservation is limited to the more restrictive (lesser) of: those allowed by the ordinances and rules promulgated by the county or municipal government; the rules and governing documents promulgated by the applicable homeowners’ or condominium association; the policies then in effect by Manager, or 4 vehicles. Note: Parking in the streets or other unauthorized locations is prohibited. Approved and authorized vehicles must park within the designated areas within the property limits consistent with the above applicable parking rules and policies to avoid towing.
7. DAMAGE WAIVER FEE, DAMAGE AND MISSING ITEMS: A prepaid nonrefundable Damage Waiver Fee is required for all reservations. Moreover, Manager requires a valid Visa, MasterCard, American Express or Discover Card number on file to cover limited damage if reported to Manager as to the vacation property and its furniture, fixtures, appliances, decorations, and contents; provided, however, such coverage will not exceed the amount of coverage applicable to this reservation (e.g., up to $1,500 but only if determined by Manager to be unintentional damage). The Damage Waiver Fee does not cover intentional damage; theft; missing items; damage in excess of the coverage; unauthorized entry into the owner’s supply closet or other off-limit area; unauthorized pets; expenses or fees for Check¬out after 10:00 a.m. on Departure Day; expenses or fees for Check-¬in before 4:00 p.m. on Arrival Day; extensive cleaning required at check¬out; smoking or use of vape or use of any tobacco products; exceeding occupancy or parking limits; any reservation made fraudulently or under false pretenses, such as by an underage guest; loss of use of the covered property; any other charges or fees arising under this Agreement or Manager’s policies then in effect; and any fines imposed on Manager or the property owner by the City, County, State or Homeowner or Condominium Association as the result of violation of any law, ordinance, rule or regulation or any fines or cost levied against Guest or Guest’s party (collectively, “Excess Damage Costs). Any Excess Damage Costs will be charged automatically to the Guest’s credit or charge card on file and Guest hereby appoints Manager as its attorney-in-fact for the purpose of making any such charge(s) (if any). By signing below, Guest further assumes full responsibility for any items in the unit found by Manager to be missing and any damage caused by misuse, neglect, or other act or omission on Guest’s or Guest’s party’s part, normal wear and tear excluded only if reported to Manager within 24 hours of Check-¬in. Please do not relocate or rearrange furniture or furnishings during your stay.
8. HANDICAP DISCLOSURE: Guest and Guest’s party agree that the vacation property is not handicap accessible. Guest hereby agrees to indemnify, defend and hold harmless Manager, its officers, directors, agents, managers, employees, members, and the owner of the vacation property from and against all loss, damage, expense, and claims arising out of or related to state or federal disability law or regulations for the alleged non-compliance of said property and for the alleged failure of any of Manager, its officers, directors, agents, managers, employees, members, and the owner of the Property to make reasonable accommodations as concerns the Property.
9. ARRIVAL/DEPARTURE, TRASH COLLECTION, AND CLEANING:
a) Due to the need to professionally clean the vacation property, between uses, Check-in and Check¬out times must be strictly enforced. In an exception case, if a Guest is approved in writing to check-in a day before the scheduled Arrival Date, an additional full day’s Rent will be charged prior to taking occupancy. Unapproved Check¬out after 10 a.m. on Departure Day without prior written approval and payment of additional fee will incur a charge for an additional full day’s Rent which will be charged as Excess Damage Costs against the credit card on file.
b) It is the responsibility of the Guest to leave the vacation property in a clean and orderly condition in good repair and to remove all Guest’s and Guest’s party’s property, food, personal items, jewelry, at departure. Any remaining food and drinks will be removed by cleaning personnel as abandoned and may be donated to support food shelters. Therefore, if leaving any food or beverage, please separate opened from unopened food and drink. For unopened food and drinks, please leave in the kitchen or refrigerator and our cleaners will donate appropriately. For opened drinks, please pour remaining liquid down the kitchen sink and leave the containers inside the property in trash bags. For opened foods, please leave inside the property in trash bags.
c) Prior to departure, Guest shall clean all dishes (or run the dishwasher prior to leaving), sweep and/or lightly vacuum floors, and bag and remove the trash from Property. If Manager’s cleaning service is required to spend more than three (3) hours cleaning the Property or if a trip to the dump is required to haul away excess trash, an additional fee will be charged at $50.00 per hour beyond the three (3) hours (plus Dump fees) and will be charged against the credit card on file as Excess Damage Costs.
10. CANCELLATIONS AND AVAILABILITY:
a) Cancellations by the Guest must be in writing and are not valid unless timely received by the Manager. The Manager will confirm the Guest’s cancellation by email, but the Guest should call if s(he) has not received such confirmation within twenty-four (24) hours. The Guest will receive a full refund of the reservation deposit if the Guest cancels the reservation within forty-eight (48) hours from the time of booking. If, for any reason, the Guest cancels the reservation thereafter, fails to show up, or does not use the vacation property for the entire period of the reservation, there will be no refund of any monies paid by the Guest.
b) If the Property becomes unavailable to the Guest prior to occupancy as a result of it being (a) sold by the owner of the vacation property (the “Owner”) or if the Owner elects to no longer make the vacation property available, and (in either case) if the Manager cannot offer the Guest and other members of the Guest’s party another vacation rental property of comparable value, the Manager agrees to refund all monies paid by the Guest toward the reservation, and the Guest agrees to release any and all claims against the Manager, its officers, directors, agents, managers, employees, members, and the owner of the vacation property.
c) If the vacation property becomes unavailable to the Guest due to other, non–Owner-related circumstances beyond the Manager’s control, including, without limitation, a Force Majeure Event (defined below), there will be no refund or reimbursement of any monies paid by the Guest toward the total charge for the reservation; provided, however that the Manager may, at its sole option: (A) move/relocate the Guest and the other members of the Guest’s party to another vacation rental property of reasonably comparable value, or (B) cancel this Agreement without penalty and provide a refund. If the Guest agrees to move to a property with a higher rent, the Guest will be responsible for any price differential.
11. REPAIRS AND MAINTENANCE:
a) Repair and maintenance problems must be brought to Manager’s attention within 48 hours of occupancy or occurrence, or the same may be treated and charged as Excess Damage Costs. Property manager, or in some cases the owner, will have 48 hours from receipt of notification by to respond. Guest is assuming the use of the vacation property in its As-Is condition. Simply notifying the Manager of a problem during the 48-hour period does not entitle the Guest to any refunds whatsoever, nor the right to terminate this Agreement. Manager will make reasonable efforts to notify the condo or homeowners’ association of any problems in common areas such as elevators and community swimming pools but is in no way able to nor responsible for correcting defects in these facilities owned or maintained by such third-party Association. Maintenance issues or defects in common areas or facilities do not entitle the Guest to any refunds whatsoever, nor the right to terminate this Agreement. Manager will not be responsible for any unauthorized expenses incurred by Guest or his/her guests.
b) Costs of needless or unauthorized service will be charged as Excess Damage Cost against the credit card on file. Direct the following maintenance issues to manager who will notify the appropriate utility: Electricity, water, sewer, and basic cable. Because the pricing of this reservation contemplates a self-¬catered vacation rental, please expect limited initial household supplies such as one or more of the following: 1 toilet paper per bathroom, 1 paper towel roll, 1 dish soap, 1 hand soap, dishwasher detergent and/or garbage bags. Manager is not responsible to provide beach chairs or beach towels for Guests.
c) Each vacation property is cleaned prior to your arrival. If you feel certain areas were missed, please contact our Housekeeping Department within 12 hours of your arrival. This will allow Manager the opportunity to resend a cleaner. back, to complete the cleaning process and provide proper corrective action in a timely and satisfactory manner.
No Refunds will be issued to guests as compensation for self¬-cleaning.
d) In addition to the other provisions of this Agreement, Guest responsibilities include, without limitation: Long-distance or toll calls, beach towels, beach chairs, extra cleaning fee (if Guest leaves Property messy or damaged, as above), or extra propane or electric usage for Pool Heater (where applicable (see below)). If any of the preceding charges are incurred to cover replace address loss of same, an Excess Damage Cost will be charged against the credit card on file up to 30 days after Departure Date pending final invoices and Notice of Claim from Manager.
e) Our staff is here to make sure that we receive and respond to maintenance requests. If you should discover a repair or maintenance item that is required, please call and/or email us immediately. However, no refunds will be given for repairs, maintenance issues or appliance failure or other circumstances. Please do not wait until you are checking out to let us know about repair or maintenance problems. Manager (or in some cases the property owner) will generally be able to request the scheduling of repairs in a timely manner once notification is given by the Guest. Guest(s) agree that Manager, its officers, directors, agents, managers, employees, members, and the owner of the vacation property shall not be liable for any losses or damages including incidental or consequential damages, caused by the Owner’s or Manager’s failure to perform or procure repairs and maintain the vacation property. No rental adjustments or reimbursements for any reason whatsoever will be made for repairs or maintenance or the malfunction of equipment or appliances, loss of WIFI, or other utilities.
12. FURNISHINGS: Our vacation rentals are individually owned and furnished. Please do not rearrange the furniture, take any items outside that are part of the interior decor, move any furnishings from one room to another or into another unit. The Guest will be charged if Manager has to rearrange the furniture after your stay. The unit’s furnishing/amenity descriptions were correct at the time of printing or publication but subsequent Owner changes and renter wear and tear may have resulted in changes or substitutions to furnishings. Although reasonable efforts have been made for accuracy, Manager is not responsible for errors, property changes made by the Owners, or for any conditions beyond our control. Manager’s website, employees, agents, vendors, workers and representatives attempt to present the properties, furnishings and amenities as accurately as reasonably possible but hereby disclaim any liability for errors, omissions, changes, or deviations that, in the Manager’s sole discretion are immaterial. Since the premises are privately Owner, you acknowledge and agree that Manager is not responsible for any changes in furniture, furnishings, or any missing or stolen furniture that may have occurred prior to your Arrival Date. Guest expressly agrees to defend, indemnify and hold harmless Owner Manager, its officers, directors, agents, managers, employees, members, from and against any and all claims or losses arising out deviations in the furnishings or amenities as advertised versus what may be present on Guest’s Arrival Date.
13. MANAGEMENT ACCESS TO PROPERTY DURING YOUR STAY: You hereby acknowledge and agree that Manager, its employees, agents, contractors, suppliers, and/or vendors may arrive unannounced to conduct regularly scheduled services such as trash removal, pool services (if applicable) or HVAC filter inspection during your stay. Such services will require entry into the vacation property for a brief period of time, even if you are away during their arrival.
14. UNIT ASSIGNMENT: Due to circumstances beyond the control of Manager, if the vacation property becomes unavailable for any reason, we reserve the right to direct your moving, relocating, reassignment or substitution of the rental property noted on your confirmation. Manager will use commercially reasonable efforts to locate a similarly comparable property at a comparable price. In event that such a property is not available, Guest may receive a refund of all or partial amounts paid, and Guest agree to hold Manager, its officers, directors, agents, managers, employees, members and the owners of the property, harmless for any costs, damages, or inconveniences suffered, whatsoever. If Guest agrees to move to a property with a higher rental rate, Guest will be responsible for any price differential.
15. PETS: Where a pet or pets are approved for a vacation rental in writing, Guest hereby agrees to abide by the pet rules and regulations of the Association, the rules and regulations of Manager then in effect, and Guest agrees to be liable for any and all damages or injuries caused by pet(s). Guest further agrees to defend, indemnify and hold harmless Manager, its officers, directors, agents, managers, employees, members and the owners of the property, from and against any and all claims, suits losses, injuries, and damage whatsoever, caused or alleged to have been caused by a pet allowed in the unit, whether the pet is owned by Guest or an invitee of Guest. Any resulting fines, citations, imposition of fees, or expenses issued as to a pet near or at the vacation property for violation and/or breach of any such rules, including, without limitation, Guest’s or its invitees’ failure to keep a leash on and control of all pets when outside the unit, shall be the sole responsibility of Guest, its occupants, or parties of Guests, and may be treated as Excess Damage Costs. When a pet disclosure at the time of booking and a sufficiently-described pet has been approved in advance by Manager in writing, a nonrefundable pet cleaning fee is required at the time of booking. Any such pet approval shall only be for a non- aggressive domestic dog (approved breeds only), cat, or caged bird. Under no circumstances will a Pit Bull or any other breeds considered by manager to have aggressive tendencies be permitted. To avoid confusion, “Pit Bull” is defined as: American Staffordshire Terriers, Staffordshire Bull Terriers, American Pit Bull Terriers or any other dog that substantially conforms to any of these breeds’ characteristics. Additional aggressive breeds include but are not limited to: Wolf¬hybrids. You are required to follow local leash laws and have full control over your animal at all times and to ensure that you pet does not make noise that is disruptive to neighbors.
16. SMOKING: No smoking or use of vape or tobacco products is allowed anywhere in the vacation property. Evidence of smoking, vaping, or smoking paraphernalia is strictly forbidden inside of the property, will result in: immediate removal of Guest and all occupants from the vacation property; forfeiture of all amounts paid: and will result in additional $500.00 charge to Guest as Excess Damage Costs. Smoking is only allowed outside well away from the unit at least 25 feet from the building including balconies.
17. CASUALTY OR DESTRUCTION: Should the Property be totally destroyed or rendered “uninhabitable” or “condemned” by government action, an Act of God (including, but not limited to, hurricanes, tornadoes, storms, floods or fires), or by environmental disaster, or loss of utilities prior to or during occupancy by Guest, this Agreement may, at the option of Manager, be terminated without further liability to Manager or owner except that all payments made hereunder may be refunded to Guest by Manager at Manager’s discretion in light of the circumstances.
18. POOLS, AMENITIES, CONSTRUCTION, EXTERIOR NOISE, PEST CONTROL, CABLE, TV, INTERNET: On occasion a property owner or Association may find it necessary to close a pool, tennis court, spa, hot tub, grill, kids pool, beach access walkover or other amenity for repair or maintenance purposes. The property owner or association also controls the temperature and associated operating conditions of these amenities. The property owner or association also controls the construction around the amenities or property. Manager is not responsible for the operation, closure, construction, or malfunction of these amenities as well as weather conditions or temperature recovery times that prohibit their use. Manager is also not responsible for the noise or any nuisances from any unit or property above, below, nearby or adjacent to the vacation property. Any noise disturbance issues are expressly the responsibility of local law enforcement. No rental adjustments or refunds will be made as a result of any of the above conditions. In addition, Manager is not responsible for any construction nearby nor any noise from construction equipment. No rental adjustments or refunds will be made as a result of these conditions. Properties are treated on a regular basis for pest control through the condo association, homeowner association or owner of property. Insects, reptiles (like lizards and snakes) and rodents exist in the State of Texas at all times of year. Manager is not responsible for pests in the vacation property and no rental adjustments or refunds will be made as a result of these conditions. No rental adjustments or refunds will be made as a result of insects, reptiles pests, spiders, or rodent conditions (if any) near, at nor in the vacation property. In terms of utilities including internet data service, WIFI and cable TV (where applicable), no compensation or refunds will be made for outages of these amenities nor outages as to electricity, gas, water, television, smart phone hotspot, email or telephone services.
19. NOISE ORDINANCES: The vacation is located in a neighborhood which has a “noise ordinance” in effect after dark and at other times. Guest agrees to ensure that it and its invitees respect and strictly adhere to the Noise Ordinances and Association rules concerning noise and nuisance rules and to use common sense in keeping noise volume low after dark. Any police inquiries or notices or actions by the City, County or Home/Condominium Association are at the sole risk and expense of the registered Guest and may result in Excess Damage Costs and/or immediate removal of Guest and all invitees from the vacation property, termination of this Agreement, and forfeiture of all amounts paid.
20. PARKING: Some private homes do not have parking access in the garage or on the street. No parking of automobiles, trailers or vehicles of any kind used by the Guest or its invitees is permitted on any adjacent lots or neighboring homes in the area, including but not limited to parking on sand lots, beach designated areas, sand dunes, etc. Guest further agrees that any parking by Guest, or its invitees shall be at Guest’s sole risk of any and all other resulting loss and/or damages caused to said vehicles, or any and all injuries resulting from such parking, including any injuries/damages caused to third parties and shall not in any way be the responsibility of Manager, its officers, directors, agents, managers, employees, members, and the owner of the vacation property. Guest hereby agrees to defend, indemnify and hold harmless Manager, its officers, directors, agents, managers, employees, members, and the owner of the vacation property from and against any loss, claim, suit or damages resulting from such parking.
21. GOVERNING LAW; VENUE: Notwithstanding any term to the contrary, the parties agree that the laws of the State of Florida shall govern the interpretation and enforcement of this Agreement, and the parties hereby submit to the exclusive jurisdiction of Duval County, Florida for the resolution of any and all disputes arising out of or related to this Agreement or the subject matter hereof. The parties hereby waive any argument of forum non conveniens. This clause shall survive expiration or termination of this Agreement.
22. SEVERABILITY: If any provision of this Agreement is found by a court of competent jurisdiction to be prohibited or unenforceable, it shall be deemed ineffective and severed only to the extent of such prohibition or unenforceability, and the same shall not invalidate the balance of such provision to the extent it is not prohibited or unenforceable nor invalidate the other provisions of this Agreement. This clause shall survive expiration or termination of this Agreement.
23. NO THIRD-PARTY BENEFICIARIES: Nothing expressed or implied in the contract between Manager and Guest is intended or will be construed to confer upon or give any individual or legal person, invitees, occupant, third-party or commercial entity, other than Guest and Manager and our respective permitted successors and assigns, any rights or remedies under or by reason of this Agreement.
24. ASSIGNMENT: The Agreement is personal as to Guest and may not be assigned by Guest without the prior, express written consent of Manager. Any such attempted assignment by Guest will be null and void and deemed a material breach.
25. INDEMNIFICATION: Guest hereby agrees to indemnify, defend and hold harmless Manager, its agents, employees, members, managers, companies, affiliates, successors, and assigns, forever, from any and all claims, actions, demands, losses, liabilities, damages, injuries, or expenses in any way arising out of or related to this Agreement or the subject matter hereof. Guest covenants and warrants to immediately notify Manager in writing of the threat or initiation of any claim, demand, action or suit or proceeding to which the indemnification obligations set forth in this Section may apply. This indemnification shall apply to any claim, action, inquiry, demand, loss, liability, damage or expense made or brought by any person, business entity, governmental body or regulatory agency. The indemnification provisions herein shall survive the termination or expiration of this Agreement for a period of five (5) years.
26. FORCE MAJEURE: Notwithstanding any term to the contrary, guest hereby acknowledges and agrees that Manager will in no event be responsible for delays or failures in performance which result from causes beyond the reasonable control and without gross negligence on Manager’s part (“Excusable Delay”). Such causes shall include, without limitation, acts of nature, lockouts, riots, acts of war, epidemics, pandemics, lockdowns, government regulations superimposed after the fact, fire, earthquakes, floods, tornadoes, hurricanes, quarantine restrictions, insurrections, executive orders, impositions of martial law, and/or any other cause beyond the reasonable control of Manager. Should Manager be so delayed in the performance of its obligations under this Agreement resulting from an Excusable Delay, then Manager will promptly notify Guest in writing of the cause of the delay. This clause shall survive expiration or termination of this Agreement.
27. COUNTERPARTS: This Agreement may be executed in one or more counterparts, all of which together shall constitute one instrument. Any signed copy transmitted by telephone facsimile machine, email (.pdf) or telecopier shall be treated in all respects as an original document. The signature of any party thereon shall be considered, for these purposes, as an original signature, and the document transmitted shall be considered to have the same binding legal effect as an original signature on an original document. No party to this Agreement may raise the use of a facsimile machine, email (.pdf) or telecopier, or the fact that any signature was transmitted through the use of a facsimile machine, email (.pdf) or telecopier, as a defense to the enforcement of this Agreement.
28. EXCULPATORY PROVISIONS: THE VACATION PROPERTY AND ANY FURNISHINGS, APPLIANCES AND FIXTURES, IS/ARE RENTED IN THEIR “AS IS, WHERE IS” CONDITION. MANAGER HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES EITHER EXPRESS OR IMPLIED CONCERNING VACATION PROPERTY AND ANY FURNISHINGS, APPLIANCES AND FIXTURES. MANAGER HEREBY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSES. NOTWITHSTANDING ANY TERM TO THE CONTRARY, IN NO EVENT SHALL THE AGGREGATE CUMULATIVE LIABILITY OF MANAGER, FOR ITSELF AND ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, MANAGERS, AFFILIATES, PROPERTY OWNERS, ATTORNEYS, SUCCESSORS, AND ASSIGNS (“RELEASED PARTIES”), FOR ANY AND ALL CLAIMS, SUITS, INJURIES, CONTROVERSIES, DESTRUCTION, LOSSES, OR DAMAGES OF ANY NATURE OR KIND WHATSOEVER, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE USE OF THE VACATION PROPERTY, PARKING AREAS, AMENITIES, COMMON AREAS, OR SURROUNDING REAL PROPERTY, AND REGARDLESS OF THE FORM OF ACTION OR LEGAL THEORY (WHETHER SOUNDING IN TORT, CONTRACT, STATUTORY CLAIM, COMMON LAW CLAIM OR OTHERWISE), WHETHER INTENTIONAL OR UNINTENTIONAL, EXCEED AN AMOUNT EQUAL TO: ALL MONIES PAID TO MANAGER UNDER THIS AGREEMENT PLUS THREE THOUSAND DOLLARS ($3,000.00). THE PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT BUT FOR THE PARTIES AGREEMENT TO THIS ALLOCATION OF RISK AND CAP ON LIABILITY, MANAGER WOULD NOT HAVE ENTERED INTO THIS AGREEMENT AND THAT GUEST’S VOLUNTARY AGREEMENT TO THE EXCULPATORY PROVISIONS HEREIN WAS A MATERIAL INDUCEMENT TO MANAGER TO ENTER INTO THIS AGREEMENT. IN NO EVENT SHALL EITHER PARTY, FOR ITSELF AND ITS HEIRS, OFFICERS, DIRECTORS, EMPLOYEES, MANAGERS, AFFILIATES, OWNERS, AGENTS, ATTORNEYS, SUCCESSORS, AND ASSIGNS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ALL OF WHICH ARE HEREBY DISCLAIMED. THE PARTIES HERETO HEREBY IRREVOCABLY WAIVE THE RIGHT TO AN AWARD OF ATTORNEYS’ FEES UNDER ANY AND ALL BASES THAT MIGHT BE AVAILABLE UNDER THE LAW OR RULES BY WHICH A CLAIM FOR ATTORNEYS’ FEES COULD OTHERWISE BE OR BECOME AVAILABLE, INCLUDING, WITHOUT LIMITATION, UNDER CHAPTERS 57, 501, 509, 772, OR 768, FLORIDA STATUTES, BY OTHER STATE OF FEDERAL STATUTE, BY APPLICABLE RULE OF CIVIL PROCEDURE, BY CONTRACT, OR BY OFFER OF JUDGMENT OR PROPOSAL FOR SETTLEMENT, ALL OF WHICH SUCH BASES FOR RECOVERY OF FEES THE PARTIES HERETO HEREBY EXPRESSLY WAIVE. THE PARTIES REPRESENT THAT EACH AND EVERY ONE OF THE PROVISIONS IN THIS PARAGRAPH CONSTITUTE A SEPARATE REASONABLE ALLOCATION OF RISK AND MATERIAL INDUCEMENT TO MANAGER TO ENTER INTO THIS AGREEMENT AND THAT THE PROVISIONS OF THIS SECTION WERE TAKEN INTO ACCOUNT IN DETERMINING THE AMOUNT OF RENT TO BE CHARGED HEREUNDER IN LIGHT OF THIS MUTUALLY AGREED TO ALLOCATION OF RISK. THE PARTIES INTEND THAT THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT.
29. ACCESS TO PROPERTY FOR SHOWING: If the vacation property is placed on the market for sale by the owner, Guest agrees to allow the vacation property to be shown to prospective buyer(s) upon reasonable notice of 24 hours or more to Guest. Property may be shown to prospective future guests in the same manner and upon such notice.
30. FALSIFIED RESERVATIONS: Any reservation obtained under false pretense(s) will be subject to termination and loss of monies paid.
31. SWIMMING POOL, HOT TUB, AND GOLF CART INFORMATION: Guest has been informed and understands that Property may have a hot tub, swimming pool, pond, natural water feature, golf course, or golf cart(s) on or near the premises (collectively “Amenities”). Guest acknowledges and agrees that any of the Amenities can be dangerous to life or property, whether used by Guest, Guest’s party, or when one or more Amenities is used by third-parties resulting in the death, injury or damage to property of Guest or Guest’s party. Guest hereby assumes sole responsibility for the safe and proper use of any and all of the applicable Amenities, the safety of all occupants of the Property and guests. Use: Guest shall use the hot tub, swimming pool and golf cart in a careful and proper manner and shall agree not to permit the hot tub, swimming pool and golf cart to be operated or used in any illegal way. Only the guests listed on the Vacation Rental Agreement are authorized to use the hot tub, swimming pool and golf cart. Only the guests listed in the Vacation Rental Agreement holding a valid driver’s license are authorized to drive the golf cart. Indemnity: Guest agrees to indemnify and hold harmless Manager and the Property owner against all loss, damage, expense and penalty arising from any action of the guest which causes injury to any person by the operation or handling of the hot tub, swimming pool and/or golf cart during the term and/or while the hot tub, swimming pool and/or golf cart is in the control of the guest. Release: Guest assumes all risks and liability for the loss of or damage to the hot tub, swimming pool and golf cart or any part of the hot tub, swimming pool, and golf cart, from the death or injury to any person, property of another, and for all other risks and liabilities arising from the negligent use or operation of the hot tub, swimming pool and golf cart. Nothing in this Lease shall authorize the guest or any other person to operate the hot tub, swimming pool and golf cart so as to impose any liability or other obligation on Manager or the owner of the Property.
Guest has been informed and understands that Property may have a golf cart on the premises. Guest agrees to assume sole responsibility for the safe and proper usage thereof and sole responsibility for the safety of all occupants of the Property and guests. Guest agrees that the golf cart may only be driven by an individual (the Guest or a member of the Guest’s party) holding a valid driver’s license. Indemnity: Guest agrees to indemnify and hold harmless Manager and the Property owner against all loss, damage, expense and penalty arising from any action of the guest which causes injury to any person by the operation or handling of the golf cart during the term and/or while golf cart is in the control of the Guest or a member of the Guest’s party.
Pool Heater Clause: Guest(s) shall not change the temperature setting of the pool heater without the permission of the property manager. Unauthorized resetting and/or tampering with thermostats will not be tolerated and will incur a $500.00 excessive utilities usage charge against the guests’ credit card. Important Safety and Use Instructions.
1) WARNINGS: Persons using any medications or anyone with a medical condition including, but not limited to, obesity, heart disease, low or high blood pressure, thyroid disease, multiple sclerosis, diabetes or circulatory system problems should consult a physician before using the hot tub since the hot tub affects heart rate, blood pressure and circulation. Pregnant women, and women who may possibly be pregnant, should not use the hot tub. Excessive water temperatures have a high potential for causing fetal damage during the early months of pregnancy. The use of alcohol or drugs in or around the tub and/or swimming pool is prohibited. The hot tub may cause lightheadedness and use of these substances may lead to unconsciousness with the possibility of drowning. Individuals using medications should consult their physician before using the hot tub since some medications may induce drowsiness, while other medications may affect heart rate, blood pressure and circulation.
Hyperthermia (heat stroke) is a dangerous condition brought about by excessive heat. The symptoms include: sweating, dizziness, nausea, light¬headed, convulsions, increased pulse rate, shallow breathing, possible unconsciousness. If you suspect hyperthermia, get medical help immediately.
2) Before each use of the hot tub, measure the water temperature. Water in the tub should never exceed 104 degrees. Water temperatures between 100 degrees and 104 degrees are considered safe for a healthy adult. Lower water temperatures are recommended for young children. If there are any problems with the hot tub and/or swimming pool, including any mechanical, electrical or chemical, please call the Manager immediately and do not enter the hot tub and/or swimming pool. Never use the hot tub and/or swimming pool alone. Do not permit children to use the hot tub and/or swimming pool unless they are closely supervised at all times. While the hot tub and/or pool are being serviced, we ask that you keep children and pets away from the hot tub and/or swimming pool area. Do not stay in the hot tub for extended periods of time. Set reasonable time limits (10 minutes is recommended). The hot tub must always be left covered and locked when not in use. This is for the safety of your family and any children in the area. Read and follow any safety instructions and/or signs posted in the home and on/around the hot tub and/or swimming pool areas.
Exercise extreme caution when entering or leaving the hot tub and/or pool. Be sure of secure footing before applying your full weight as water refraction can be misleading. Never use any soaps, oils or fragrance of any type in the hot tub and/or swimming pool. This could cause damage to the equipment and affect the chemical balance of the tub and/or pool, leading to a less enjoyable environment and a possible dangerous situation. Never remove the thermometer or floating chemical dispenser from the hot tub and/or pool. These must remain in constant contact with the water to provide the maximum amount of safety. Always shower before using the hot tub and/or swimming pool. DANGER ¬ Risk of Electric Shock. Do not permit any electrical appliance, such as a light, telephone, radio or television within 15 feet of the hot tub and/or swimming pool.
32. TERMINATION: If Guest or any member of Guest’s party or invitees violate the terms of this Agreement, of the Association, or ordinance, law or Manager rules then in effect, Manager may terminate this Agreement with no refunds. Manager has the right to inspect the premises without prior notice at any time to enforce the terms of this agreement. Should the Guest or their guests use the unit for any illegal or unlawful purpose including, but not limited to the possession of drugs, serving or consumption of alcoholic beverages by or to persons less than 21 years of age, or use of common areas or amenities of the vacation property in a manner contrary to the provisions of this Agreement, manager may terminate this Agreement with no refunds. Manager and/or its agent may enter the premises and remove Guest, the members of Guests party, and their belongings. Guest is notified that all individuals occupying the Unit will be subject to immediate removal procedures under State law.
House parties, disorderly/offensive conduct or any conduct annoying or disturbing to other residents and neighbors will not be tolerated. Management reserves the right for immediate access to the home if any rules or stipulations appear to be infringed. Ryson Vacation Rentals has zero-tolerance for underage drinking. ANY VIOLATIONS WILL CAUSE IMMEDIATE EVICTION OF ALL GUESTS; NO REFUNDS OR DEPOSITS WILL BE RETURNED – NO EXCEPTIONS. Guests will forfeit any remaining time at the Rental Property and an eviction charge of $500.00 will be charged to the credit card on file.
33. ENTIRE AGREEMENT: This Agreement constitutes the complete and entire agreement and understanding concerning the subject matter hereof and supersedes and cancels any prior agreements, representations, warranties, understandings, or communications, whether oral or written, concerning the subject matter hereof.