VACATION RENTAL AGREEMENT

PLEASE READ THIS VACATION RENTAL AGREEMENT CAREFULLY. BY ACCESSING OR USING WISE OWL’S CAPE CORAL PROPERTY SERVICES, LLC’S WEBSITE AND ONLINE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OUTLINED HEREIN OR INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, AS A USER, CUSTOMER OR PROSPECTIVE CUSTOMER, TO READ THE TERMS AND CONDITIONS HEREIN BEFORE ACCEPTING AND FINALIZING A VACATION RENTAL BOOKING. YOU UNDERSTAND, ACCEPT AND AGREE TO BECOME BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, WHICH CONSTITUTES A BINDING LEGAL CONTRACT WHEN EXECUTED BY YOU, FOR THE VACATION RENTAL SERVICES OUTLINED HEREIN.

The present terms and conditions contained in this VACATION RENTAL AGREEMENT (the “Agreement”) constitute is a binding agreement between WISE OWL’S CAPE CORAL PROPERTY SERVICES, LLC, a Florida limited liability company (the “Company”), whose address is 12557 New Brittany Blvd., Suite #3 – #V4, Fort Myers, FL 33907, and YOU (hereinafter “Guest”). Company’s Vacation Rental services are offered subject to the Guest’s acceptance, without modification, of all of the terms and conditions contained herein and all other operating rules, policies, and procedures that may be published by Company from time to time. Guest hereby agrees that Company may automatically upgrade its terms or services at any time and this Agreement will apply to any upgrades without further notice to Guest.

TERM OF RENTAL. 

The term of rental pursuant to this Agreement is for a Vacation Rental Property (hereinafter the “Property”) offered for rent by Company and selected by the Guest. Check-In Time: 4:00 pm or later on the Check-In Date as selected by the Guest. Check-Out Time: 10:00 am or earlier on the Check-Out Date as selected by the Guest. Regardless of the duration of stay (one (1) night to thirty (30) nights or more), Guest use is specifically temporary and transient in nature for a total number of eight (8) registered Guests with intended use for overnight accommodations. Guest(s) are not establishing residency and this Vacation Rental is not their sole residence. By reserving this Vacation Rental Property for transient accommodations, the Guest understands and agrees that no rights are afforded to Guest(s) as a tenant under Florida law. Guest may not let, sublet or assign their use to another party without Company’s express written consent.

A late departure is subject to extra rental charges at the rate of $100.00 per hour after a grace period of thirty (30) minutes. Guest may arrange for extra nights in advance to avoid any late departure fees. Extra nights are charged at the nightly rate and may be granted only if available. If Guest is not present when cleaning crews arrive and have left their possessions in the house, the cleaning crew will collect their possessions and remove them from the premises in order to prepare the Property for incoming guests. Neither Company or Owner are responsible for any personal property of a Guest abandoned or left in a rental property. If Guest abandons or vacates the Property, or fails to show without notice, Company may terminate this Agreement and make Property available for rent to another party.

HOLDING OVER.

Because of the nature of Vacation Rental business, Guest understands, and is hereby put on notice that any unauthorized “holding over” of the Property past the stated rental period could severely jeopardize Owners business and cause loss of rental income from other previously booked guests, temporary and/or permanent loss of business, goodwill and reputation and could force Owner to breach an agreement with similar short term recreational Guest(s) who may have reservations during Guest’s unauthorized “holding over” period. In such an event, Owner may be legally liable in damages to said other guests. Guest should be aware that unauthorized “holding over” has been construed as a factor in establishing “malicious continuing occupation” of rental property, which may entitle Owner to damages. In addition, Company will charge $100.00 an hour past 10:30 a.m. on the day of check out.

CHARGES & INCLUDED SERVICES.

The total charges for this reservation are non-refundable upon booking. All charges are due and payable in full at the time of booking by Guest. The total charges include use of the Vacation Rental Property for the specified duration, sales & use tax, tourist tax, Guest changeover fee, use of commercially laundered linens and reasonable use of utilities to include water, electric, gas (where applicable), satellite or cable TV and internet, and any optional services which Guest may have added on at the time of booking such as pool heat, pet fee, travel insurance, etc.

CANCELLATION POLICY.

When you book your reservation, all calendars across numerous vacation rental websites will show the Property booked and unavailable. At that point, prospective Guests are no longer able to inquire about or book reservations for those same dates. Also, because our vacation rentals offer a terrific value in comparison to alternative hotel accommodations in our market, Company thanks you for your understanding of our strict no cancellation policy. Regardless of circumstance (i.e.: inclement weather both at home or here in Florida, epidemic, pandemic, illness, death or for any other reason), Company has a strict NO REFUND upon cancellation policy.

To avoid the worries of cancellation, or trip interruption, for added protection and peace of mind, Guest may purchase Trip Cancellation Insurance through us at the time of reservation at its own expense (7.65% of total amount of reservation or may be increased to insure additional travel related expenses). Insurance is provided by ____________________, a trusted and respected name in the travel industry. Though there is an additional cost, travel insurance is a great way to protect your vacation investment. Guests may also increase their coverage and insure other travel related expenses as well. Additional insurance is available at a rate of 7.65% of the total charges or amount of coverage elected by the Guest.

Guests who waive the Trip Cancellation Insurance accept Company’s No Refund upon cancellation policy, regardless of circumstance (i.e.: inclement weather either at home or at destination that includes evacuations, epidemic, pandemic, illness, death or for any other reason).

GUEST REGISTRATION.

Every person regardless of age (0 to 100+), who is staying overnight or visiting the Property for any length of time, must be pre-registered as a Guest. The person signing this Agreement agrees to register all Guests within forty-eight (48) hours of making the reservation. Under no circumstances may the number of registered Guests ever exceed the maximum occupancy of the vacation rental. Company will send an electronic Vacation Rental Agreement within twenty-four (24) hours of booking. Person making reservation has up to forty-eight (48) hours from booking to fill in the names and ages of all people who they intend to occupy the Property during the rental period.

If Company discovers any unregistered Guests or visitors, or Property is over-occupied exceeding the maximum sleeping capacity, Company reserves it’s right to charge the Guest a penalty calculated by $100 per person, per night, multiplied by the total number of nights of the reservation for each unregistered person. Any unregistered Guest found on the Property during the duration of the Agreement shall also be considered a trespasser under Florida Law. Should you need to make any changes to your Guest registration prior to check-in, please make such requests by e-mail to the Company. Company will confirm changes by e-mail. The total number of overnight Guests may not exceed the maximum occupancy limits of the Vacation Rental Property.

GUEST RESPONSIBILITY FOR ADHERENCE OF THIS AGREEMENT.

The Guest signing this Agreement must put on file with Company a valid credit card. Guest authorizes Company to charge credit card for any/all violations of this Agreement and any incidentals or optional services requested during stay. Guest consents to electronic signature of this document in lieu of an original signature upon an actual charge slip. Guest agrees this Credit Card Authorization cannot be revoked and will not terminate until thirty (30) days after Property is vacated by Guest.

Provided Guest and their guests uphold the terms of this Agreement, obey house rules, be respectful of neighbors and make use of the Property and its contents in a respectful manner, no additional charges to the credit card being held will be made. The following circumstances constitute the Company’s reserved right to apply additional charges to said credit card or to seek damages from Guest for failure to uphold their responsibilities:

• Disrespectful use of Property causing complaint from neighbors, homeowner association, Property Company, staff or law enforcement;
• Any lost, stolen or missing items;
• Unreported, broken or damaged items or property requiring replacement &/or repair;
• Failure to obey our check-in and check-out times;
• Exceeding the number of Guests or visitors as registered, including hosting of any unauthorized gatherings, party, event, etc.;
• Possession of illegal substances or conducting any illegal or illicit activity on the Property;
• Excessive cleaning and/or excessive trash, garbage or debris removal;
• Failure to return keys, garage door or gate openers, parking passes, etc.;
• Soiling of bedspreads, carpeting and/or upholstery to cause special cleaning;
• Excessive utility consumption and surcharges from TV service provider for paid programming;
• Unauthorized use of pool and/or spa heater when Guests have not paid for use of the pool heater;
• Swimming pool and/or spa having been used in an unsanitary or inappropriate manner;
• Violation of our No Smoking policy or leaving behind offensive odor;
• Violation of Pet Policy and/or any additional indoor/outdoor cleaning required as a result of a pet being on the Property;
• Furniture and/or other contents relocated and not put back in their original place/location;
• Any other use of Property and/or its contents which causes additional work or expense for owners, and/or Company; or
• Violation of house rules, quiet hours and other terms of this Agreement.

Should Company be unsuccessful in charging card, it will demand payment from Guest. If Guest fails to pay and Company must take legal action, all court costs, reasonable attorney fees and the maximum interest rate allowable by Florida law from date of check-out to collection shall be added to the penalty or charges owed by Guest.

PARTIES, SPECIAL EVENTS OR EXTRA GUESTS.

Guest is strictly prohibited from hosting any special event, wedding, party, reception, or gathering of people. Only registered Guests are permitted to enter into Property, onto its grounds, or into its community. Failure to abide by this rule shall be deemed an intent to defraud and an attempt to falsify a reservation and is punishable by law pursuant to Florida Statute $509.151.

Special events, weddings, parties, receptions may be accommodated at special Vacation Rental Properties but are provided only at extra charge under separate contract to be executed in writing with the Company.

Company will not rent to vacationing students or singles under twenty-five (25) years of age unless accompanied by an adequate number of adult guardians or parents to the satisfaction of Company.

Company, at its sole discretion, may abruptly terminate Guest’s continued use of the Property, without refund and at further penalty. Failure to vacate when ordered is a violation of law and subject to trespassing and charges under Florida Statute Chapter 509.

FALSIFIED RESERVATIONS & INTENT TO DEFRAUD.

Any reservation obtained under false pretense will be subject to forfeiture of all monies

paid and the party will either not be permitted to check-in or will be ordered to vacate. Company

is under no obligation to refund any monies paid and may further penalize Guest. Misrepresentation of age, the number of Guests or visitors, hosting an unauthorized party, event or other gathering, using false identity, use of fraudulent payment methods, lack of payment, use of the Property for illegal activity or something other than strictly overnight accommodations transient in nature, being at Property outside of the specified time period, etc. all represent a falsified reservation with an intent to defraud. Per Florida Statue $509.151, any Guest who reserves or occupies a Vacation Rental Property with the intent to defraud the Company is guilty of a felony of the third degree and is punishable as provided by Florida

Statutes $775.082, $775.083 or $775.084.

If such misrepresentation occurs, Company reserves full right to order all persons to promptly vacate the Property. Company reserves right to press charges and will seek penalties for damages for disruption to its normal course of business, damages to its reputation, damages to Property and/or other charges to restore Property to its usual condition, nuisance to neighbors and having to call upon law enforcement.

INDEMNIFICATION & HOLD HARMLESS.

Guest and its guests agree to and do hereby indemnify and hold harmless the Company, Company’s employees and representatives, and the Property Owner, its representatives and successors and assigns from any and all claims, liability, and injury to person or persons upon the premises from any cause whatsoever. Guest makes use of the Vacation Rental Property, its swimming pool, its spa (if any), its dock (if any), its grounds, its bicycles (if any) and all other furniture, furnishings, appliances and other contents of the vacation rental AT THEIR OWN RISK. This full indemnification includes, and is not limited to, any and all suits, injury, costs, losses, actions, court costs, attorney fees, penalties and damages of any kind, however caused, (except willful gross negligence) and any expenses arising from or related thereto from the Guest rental use and enjoyment of the Property.

ALTERATIONS OR CHANGES TO PROPERTY OR CONTENTS.

Guest shall not paint or make any alterations to the Property or any of its contents, including changing existing locks or adding new ones. If Guest rearranges furniture, furnishings, or contents, Guest is responsible for putting things back as they found it at check-in.

BAR-B-QUE GRILLS.

Many of our vacation rentals come equipped with a grill. In the case of a single-family home, we will provide an initial tank of gas that is at least half full. Replacement tanks are the Guests own responsibility. If Guest wishes to have our staff provide a new tank during their stay, we will do so at a rate of $75.00 if within our normal maintenance hours or $150 if outside of normal maintenance hours. Rates are subject to change without notice. Guest is responsible for cleaning the grill after each use. Be advised that the standard cleaning fees incurred for this Property does not include grill cleaning. Unclean grills will incur an additional cleaning fee charge.

In the case of condominiums, often times a BBQ grill is made available for use somewhere on common grounds. In this case, gas is provided by the Association, not the Company.

CHANGE IN AVAILABILITY.

Should the Property itself become uninhabitable for reason of fire, flood, mold or water loss, sale of unit, or honest error in double booking, Company may substitute the Property for an equal or higher valued Property at no additional charge to the Guest. The Company shall notify Guest promptly of any changes. Should a substitute property not be available, Company will issue full refund to Guest.

CLEANING & SUPPLIES.

The Vacation Rental Property will be professionally cleaned prior to Guest arrival and promptly after check-out, unless we are notified of early departure. Guests are responsible for keeping the Property in a generally clean and tidy manner throughout the duration of their stay. Guests are responsible for taking out the trash, cleaning their own dishes and leaving the Property in a generally tidy condition at check out.

An initial supply of trash bags, toilet paper, paper towels, dishwashing and laundry detergent is provided by Company at check-in. Guests will need to purchase additional items when they run out. Guest is responsible for purchasing their own cleaning supplies and toiletries, etc. for use during their stay.

While Company will make every effort to have the vacation rental unit cleaned and ready for check-in by 3:00 pm, circumstances beyond our control (extreme traffic, emergencies or unforeseen circumstances arising at another property, staff illness, etc.) may cause an unforeseen delay. If Guest arrives and the cleanliness of the unit is not satisfactory, Guest is to email Company promptly and it will direct staff to remedy the issue expeditiously. Refunds will not be issued for allegations of lack of cleanliness or disrepair. We will look to rectify the issue as soon as possible during regular maintenance hours. Optional maid services may be arranged during your stay at an additional expense. Arrangements made in advance of check-in are highly recommended, particularly during high season. General cleaning supplies you may keep at home (vacuum, mop, dusters, cleaning sprays, etc..) are not included at the Property. If Guest is staying for an extended period of time, Guest may wish to purchase these items for personal use.

COMMUNITY RULES, RESPECT FOR NEIGHBORS & CONDUCT.

Guest and/or their guests shall not disturb, annoy, endanger, or inconvenience neighbors, nor use the premises for any immoral or unlawful purposes, nor violate any law or ordinance, nor commit waste or  nuisance on or about the premises. If Guest is intoxicated, profane, lewd or brawling or indulges in any language or conduct which disturbs the peace and comfort of other

Guests, neighbors or the community or which injures the reputation, dignity, or standing of the Company or who in the opinion of the Company is a person the continued entertainment of whom would be detrimental to such, Company may order Guest to vacate without refund. Where infraction is relatively minor and Company has confidence Guest will correct and cease its actions, Company shall provide notice to Guest by telephone, voicemail and/or e-mail if a complaint is received. Depending on the seriousness of the complaint or Guest’s failure to comply, Company reserves the right to order Guest to vacate without refund. Any Guest who remains or attempts to remain after being told to vacate may be guilty of a misdemeanor of the second degree and is punishable pursuant to Florida Statutes $775.082 or $775.083.

Guest must be aware that Vacation Rentals co-exist in regular residential neighborhoods. Neighbors may very well not be vacationers and may be permanent residents. Neighbors are not your concierge. Neighbors are not responsible for assisting you with issues in your vacation rental. Neighbors may very well have small children who require after afternoon naps. Neighbors may very well have to wake up early and go to work in the morning. Guests are required to be respectful of the fact that neighbors deserve peaceful and quiet enjoyment of their property.

Guest will at all times observe and respect neighborhood quiet hours. Between 10:00 pm and 7:00 am, Guests must keep all noise levels at the Property to a minimum level so as not to disturb neighbors or the surrounding community. Violations of quiet hour restrictions are taken seriously by Owner and Company and may result in Company immediately terminating the Guest’s rental Agreement without a refund.

DAMAGES & CONDITION OF PROPERTY & CONTENTS.

Upon arrival, if Guest notices any disrepair, breakage or potentially missing item, please report it promptly via email to Company. In addition, if any general maintenance needs are noticed, Company appreciates Guest bringing it to our attention. If the maintenance item is urgent in nature or necessary for the enjoyment of your stay Company will work to remedy the situation promptly. Otherwise, the work will be scheduled at a later date so as to not interrupt Guest’s stay.

Company understands accidents do happen from time to time. Should Guest break or damage something, please notify Company immediately. Those who report the damages most often are not held responsible provided the Guest gives us the courtesy of reporting it in a timely fashion and if Company deems it accidental in nature. We appreciate being told about any damages, need for repair or replacement or special cleaning so that we may be afforded the time to promptly make arrangements to remedy the situation for Guest’s continued enjoyment or for the benefit of subsequent Guest(s).

GARBAGE & TRASH COLLECTION.

Guest is responsible for picking up and disposing of its own trash in outdoor garbage bins or at designated locations within communities. When Guest is staying in a single-family home, Guest is responsible for putting trash bins out at curb on scheduled pickup days. Collection days will be included with check-in instructions.

In private homes, neighborhood trash collection days often do not coincide with check-in and check-out days. As a result, Guest might arrive to find residual trash in the bins waiting for the next collection day. On the same accord, Guest will often leave behind trash after check-out which will be collected on the next regular trash collection day. Staff is provided to put the trash out to the curb only when Property is vacant. Guests are responsible for rolling the bins to/from the curb for pick up when they occupy the Property. Failure to put garbage out for pick-up days, resulting in overflowing and excessive trash being accumulated at the Property may be subject to additional charge.

In condominiums there is typically a designated place somewhere outside of your unit for disposing of trash. Guests of condominiums are responsible for disposing all garbage in the community provided collection area. Dumpsters are emptied periodically and controlled by the condominium’s Association, for which Company has no control.

INTERRUPTION OF SERVICES.

Guest understands, acknowledges and agrees that any one or more of the utilities, plumbing, mechanical, electrical, heating or cooling system or aspect of home maintenance or services may be interrupted by reason or accident, emergency or other causes beyond the control of Company and may be discontinued or diminished temporarily to affect certain repairs, alterations or improvements to be made. Company will work to the best of its ability to rectify the situation as promptly as possible and shall keep Guest informed of the progress but shall not be liable for damages, inconvenience or otherwise for any failure or interruption of any utility service and failure of equipment or systems within the Property. Guest is not entitled to terminate this Agreement or demand refund or compensation.

LINENS.

Guest will be provided with one set of sheets (pre-made on bed), 1-2 pillows per person per bed, kitchen towels, bath towels (1 per Guest), beach towels (1 per Guest), hand towels and washcloths suitable for the registered number of Guests. All linens are laundered offsite at a commercial facility. Guest may request a fresh set of linens be exchanged for the soiled linens at extra charge or may use the in-unit washer & dryer to launder the linens themselves. If laundering linens in-house during stay, please take caution to wash separately from other colored items to prevent permanent color damage.

White towels and linens are for use in-house and for general bathing. Colored towels are for use at the beach or at the pool. Dark washcloths are provided for make-up removal or other uses which might cause permanent staining of our white linens.

All linens are inventoried at check-out. Lost, stolen or damaged linens are charged at a rate of three times the replacement cost as determined by Company.

LOCKED CLOSETS, STORAGE AREAS & OWNERS PROPERTY.

Some of our Vacation Rental Properties have locked closets, cabinets, storage chests or other storage areas. Those areas are off-limits to Guests. Guests shall refrain from entering or making use of any area or space which is either locked or is intended to be locked and contains personal items of the Property Owner. From time to time, Owner may have things stored in storage containers or in boxes. In such case, if it is labeled as “Owner Items,” Guests will respect those items as off-limits and not available for Guest use.

LOSS OF GUEST PROPERTY.

Company is not responsible for any personal property brought to the Vacation Rental Property. Company also will not accept any money, jewelry or valuables for safekeeping. Guest is responsible for safeguarding its own property and possessions.

RELATIONSHIP OF PARTIES.

It is specifically agreed and understood that the relationship between the Parties herein shall be deemed to be of proprietor and lodger or Guest as opposed to a relationship of landlord/tenant. Guests specifically waive and make inapplicable to this lodging the provisions of Florida landlord/tenant Law.

MAINTENANCE.

Our Housekeeping & Property Maintenance hours are Monday through Friday from 8am

to 4pm. Requests received after 2pm will be addressed on the following day. Evening and weekend cleaning and maintenance service is available only for repairs deemed an emergency by our management.

For the fastest service, please send all housekeeping & maintenance concerns to:

info@wiseowlvacationrentals.com.

Your notification will go directly to those who coordinate maintenance. We do not provide 24/7 Maintenance service, except in the case of an emergency as deemed by Company.

Company reserves the right to first protect the health and well-being of its maintenance team members. In times of epidemic, pandemic or other infectious disease, Company may deny maintenance service while rental properties are occupied. Guest is obligated to notify Company if someone who is staying in the Property is ill with a contagious condition.

PARKING.

Trailers, oversized trucks, boats, jet skis or other commercial vehicles may not be parked at the Property. Parking of Guest personal vehicles shall be limited to the space available on driveway or in garage or parking spaces allotted to the condominium unit itself. At all times, Guests are required to be respectful of neighbors and shall abide by local ordinance and/or community rules. In most cases, there is adequate parking for one personal vehicle to every three to four Guests. If your group will have more than one vehicle for every four Guests, please discuss this in advance with the Company as the parking conditions vary from property to property.

PETS OR OTHER ANIMALS.

Absolutely no pets are allowed, except with written authorization of Company. If Company provides written authorization to allow a pet at property, Guest assumes all responsibility for any damages, injury or nuisance to others, and/or additional cleaning incurred. Our pet fee gives you the ability to bring pets. If your pet sheds or makes any other mess in the rental, both inside or outdoors, it is the Guests responsibility to clean after their own pet(s). The pet fee does not cover the cost of Company having to clean up after the pet. If Company has reason to believe there is a violation, Guest will be ordered to vacate immediately with NO REFUND and shall be penalized for violating our No Pet Policy.

POOL HEATING.

Guests are encouraged to arrange pool heat with the office in advance of arrival. Guests are obligated to pay a per diem rate for the entire duration of their reservation. If Guests requests pool heat after their arrival, Guest understands that it may take 48 – 72 hours to adequately heat the large body of water. Arrangements for pool heat add on after initial reservation is subject to a higher cost in light of the extra administrative work to add it onto your reservation and often times extra trips to the Property to turn the heater on. Pool heat is also required to heat a jacuzzi tub, whirlpool or spa. Pool heat is not required in condominium communities as the community usually keep the pools heated during winter months.

The charges for pool heat are for utility and water consumption and use of expensive pool-heating equipment. Water temperature is highly dependent upon weather conditions. Company cannot guarantee water temperature will be satisfactory to Guest. In case of unusually cold weather, most pool heaters will not or cannot be operated if ambient temperature falls below 60° degrees Fahrenheit. Except for the highly unusual event of total equipment failure as determined by Company, pool heat charges are never refundable. It is the Guest’s responsibility to use a provided hose at a single-family home to replenish evaporated water and to maintain adequate levels of water in the pool. Evaporation naturally occurs when the temperature of the air is lower than the temperature of water. Again, Guest is responsible for adding water to the pool during their stay. A hose will be provided by Company.

PROPERTY LISTED FOR SALE.

On occasion, an Owner may wish to exercise their right to place their Property on the market for sale with a licensed realtor and may do so also while making their Property available to Vacation Rental Guests. If an Owner has their Property listed for sale, Guests shall be responsible for keeping Property in a relatively tidy and neat condition and must accommodate showing requests during their stay. If a showing request is made, Company will do its best to provide Guest with 24-hour advanced notice of showings and will accept showing requests from only Florida licensed real estate agents only between the hours of 9:30 am and 4:30 pm, any day of the week. Guest need not stay home for showings since prospective buyers will always be accompanied by a verified Florida Licensed Real Estate Sales Agent or Broker. Guest may also, at their own discretion, be present in the rental during the showing but shall not interfere with the showing. When Company receives a request for a showing while the Property is occupied, Company will notify Realtor that Property is Guest occupied. Company will instruct the showing Realtor to knock and announce themselves before entering and we will ask that they be as brief as possible. If GUEST is “at home” while showings take place, we request that Guests refrain from conversing with prospective buyers and their Realtor.

Listing of Property for sale does not give Guest any right to cancel their reservation, nor be compensated for the inconvenience. Because a Guest’s use of the Property is only temporary and of short duration, Guest shall not hinder Owner’s opportunity and right to sell its Property. Guest shall not have any right to deny showing requests during the stipulated hours.

Should the Property be sold, Company will request all future reservations be honored by new Owner, though Company cannot guarantee the outcome of negotiations between buyer and seller. If the Property is sold and reservation cannot be honored, Company will issue a full refund and/or work to accommodate Guest in another Vacation Rental, if available, at a cost variance acceptable to Guest.

RIGHT TO ENTER.

Guest shall make available to Company, their employees, agent or subcontractor(s) access to the Property to make necessary repairs and to periodically inspect premises as Company may deem necessary. Company shall attempt to reach Guest with a courtesy call, send text or notify by e-mail Guest in advance. Company shall knock before entering property and announce itself at door before entering.

Guest allows exterior access to lawn, pool and other service personnel for periodic service without notice.

Guest shall also allow access to any requests to inspect by the Division of Hotels and Restaurants, or other local or state government officials. If such request is ever made, Company will always accompany the official on inspection. From time to time an Owner may need to have their Property inspected by an appraiser, contractor or agent on behalf of their insurance carrier. Company shall make reasonable effort to make those timely and important inspections happen while unoccupied. If those inspections need to happen while occupied, Company will always notify Guest and will always send a member of its staff to accompany the person needing access.

UTILITIES, INTERNET, TELEVISION & TELEPHONE SERVICE.

The Company will provide water, electric, natural gas where applicable, wireless internet, and basic television service. Guests are also expected to consume utilities in a conscientious manner. Company reserves the right to charge extra for excessive consumption of utilities. Where Guest orders pay-per-view or specialty TV programs at an additional charge, Guest will be charged cost plus a $25.00 billing fee.

There is NO telephone service provided at most of our Vacation Rental Properties. Guests are encouraged to bring their own cellular telephones, computers, and other wireless devices to use for their own communications. Wireless internet service is provided at most of our Vacation Rental Properties.

REMEDIES.

In the event of a default of this Agreement, particularly, but not limited to Guests unauthorized “holding over” or those acts mentioned above in this Agreement, and in addition to all other rights and remedies Owner and/or Property Company may have at law, and shall have the option, upon written notice or as the law may hereinafter provide, Owner and/or Company may immediately re-enter and remove all persons and property from premises. In such an instance, the Agreement will be terminated, and the Owner shall be entitled to otherwise recover all damages allowable under the Law. Guest, as part of the consideration of this special rental, in recognition that this Property is booked in advance by other Guests throughout the year, hereby waives all claims for damages that might be caused by Owner and/or Property Company; re- entry and taking possession of premises or removing or storing property as herein provided, and will hold Owner and Property Company harmless from loss, costs and damages occasioned thereof, and no such re-entry shall be considered or construed to be a forcible entry as defined in the Florida Rules of Civil Procedure or other similar statutory provisions. Further, if for any reason the Owner or Company is unable to deliver possession of the premises to Guest at the commencement of the term specified in the Agreement, the Owner shall refund amounts paid by Guest, but shall not be liable for any other damages caused thereby.

ATTORNEYS FEES.

If any legal action or proceeding (including default, non-payments, etc.) arising out of or related to this Agreement is brought by either Party to this Agreement, the prevailing party shall be entitled to receive from the other party, in addition to all other relief that may be granted, the reasonable attorney’s fees, costs and expenses incurred in the action or proceeding by the prevailing party both at the trial and appellate levels.

FORUM SELECTION, JURISDICTION, LAW AND VENUE.

This Agreement shall be governed in accordance with the laws of the State of Florida without regard to a conflict or choice of law principle. All disputes under this Agreement shall be resolved by litigation in the courts of the State of Florida including the federal courts therein and the Parties hereto consent to the jurisdiction of such courts, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available to it. The Parties further agree that venue shall be appropriate in Lee County, Florida for all disputes under this Agreement. THE PARTIES AGREE TO WAIVE ALL RIGHTS TO A TRIAL BY JURY.

DISCLAIMER.

Guest understands that the neither Owner nor Company is responsible for any personal injury caused by slipping on wet pavement or surfaces, and that Guest is responsible for exercising care when surfaces are wet or slippery due to weather or use of hoses to wash down areas. Further, the Owner or Company are not responsible for any personal injury or loss or damage to tenants’property caused directly or indirectly from foul, inclement weather conditions, Acts of God or nature, failure of heat, accidents related to fire, heaters, stoves, tenants’ failure to take adequate precautions around wet areas, or any unforeseeable circumstances. Under no circumstances will Guests or their guests hold the Company or Owner of the Property responsible for any damages or claims of any kind resulting from their stay, except for intentional acts of harm.

By booking this Property, this Agreement and this disclaimer applies to Guest and all guests in the Guests’ party. Once payment has been received, and the Property booked, the Guest acknowledges that this Agreement has been read, understood, agreed to, and has agreed to abide by this Agreement and all conditions stated herein.

ENTIRE AGREEMENT.

The terms of this Agreement, and policies and procedures set forth above, are meant to protect our Property Owners, our Guests, the rights and uninterrupted enjoyment by future and subsequent Guests, and to ensure respectful use of the Property without bearing unnecessary cost and risk. Many provisions within this Agreement are designed to ensure our ability to continue to provide flexible vacation rental options for our Guests while still keeping peace with neighbors and homeowner or condominium associations, without further impedance by new regulation and restriction.

All Guests are required to conform to all policies and procedures contained herein. Guest assumes full responsibility for fulfilling the terms stipulated herein for the period stated and assures Company full recourse for the payment of any amount outstanding from the total amount due in accord with the terms as stated above including any outstanding or unpaid charges that are the responsibility of the Guest.

This document, including any attachments incorporated by reference herein, constitutes the entire and sole Agreement between Company and Guest for the specific the term created under this Agreement, and correctly sets forth the obligations of the Company and Guest to each other as of its date. Any agreements or representations not expressly set forth in this Agreement are null and void.

WHEREFORE, Guest hereby agrees and accepts all of the terms and conditions contained in this Agreement and intends to enter into a binding contract for the Vacation Rental services outlined herein effective the date included below