Short Term Rental Agreement
By booking this property, you agree that you are a transient visitor and this is not your permanent residence.
No parties or events.
Check-in time 4 PM.
Check out time 11 AM.
Guests must meet with us in person upon check-in (Currently waived due to the COVID-19 Pandemic).
Guests are responsible for rolling garbage/ recycling down and back up on the appropriate days.
Quiet Hours- 10 PM-8 AM (based on City Ordinance and strictly adhered to).
This agreement is governed by the laws of the State of Florida, is executed as of the time and date of the electronic signature by the undersigned Guest (hereinafter referred to as “Guest”) evidencing Guest's acceptance of the terms hereunder and accepted by the Owner and Rental Agent (hereinafter referred to as “Owner”) of the Subject Property which is more particularly described in Exhibit A attached hereto all pursuant to the Electronic Signature Statutes referenced herein. It is agreed and understood that this Agreement is part of an automated transaction as the same is defined under the Electronic Signature Statutes. The Rental Agent is The Guesthouse Collection, LLC (hereinafter referred to as “Rental Agent”). Whenever the defined term Owner is used herein, said term shall also include the Rental Agent. Whenever the defined term Rental Agent is used herein, it shall refer to the Rental Agent only. This Agreement is only for transient short-term rental of the rental premises listed in the Reservation as defined below. Upon acceptance of the Reservation, Guest hereby agrees to and accepts all of the covenants, limitations, agreements, conditions, and terms set forth herein.
1. GENERAL: In consideration of the following terms, covenants, agreements, limitations and conditions entered into by the parties hereto, Owner rents to Guest the Property described in the electronic booking reservation and electronic Property listing of even date herewith (“Reservation”) which Property shall be occupied by the number of Guests represented in said Reservation by Guest. It is agreed and understood that said Property shall be only and exclusively for the purpose of a transient short-term/vacation rental for the term set forth in the Reservation. It is agreed and understood that Rental Agent shall be the agent for the processing, acceptance, and holding of payments and security deposits. It is agreed and understood that rates, terms, and applicable taxes shall be subject to change without prior notice and prior to the booking being confirmed. Please note that booking shall be considered confirmed once the first payment is made, payment is cleared through vacation rent payment and payment is acknowledged and received by Owner and/or Rental Agent. Guest agrees that no more than the maximum persons advertised on the Electronic Rental Listing shall be permitted on the Property during the Rental Term without prior approval of the Owner, all of whom shall comply with the conditions and restrictions imposed upon Guest under this Agreement.
2. CONDITION AND USE OF PROPERTY: The subject Property shall be delivered to the Guest in its “as is” condition. Guests shall use the Property for residential purposes only and in a careful, respectful, and prudent manner so as to prevent any loss, damage, injury, destruction, or mistreatment of the Property. Guest further agrees to save and keep the Property in a clean, orderly, and sanitary condition at all times during Guest's occupancy. Guest warrants and represents that Guest, family members, and Guest's invitees shall observe all terms, covenants, and conditions of this Agreement, including, but not limited, keeping the Property in good order and appearance and the conduct of the Guest, the Guest's family, and the Guest's invitees. The Owner shall use reasonable efforts to ensure that the various amenities as described in the Reservation are in working order. In the event any of the amenities, equipment, machinery, or appliances as set forth in the Reservation are inoperable or not functioning properly, the Owner shall make all reasonable efforts to correct any such issues in a timely manner. However, given the short-term nature of this Agreement, it is agreed and acknowledged that none of the foregoing operational or functionality issues set forth in this paragraph shall serve as a basis for Guest to offset or deduct from the payments made or agreed to be made pursuant to this agreement, nor shall Guest dispute charges made to its credit card or instruct its credit card provider or banking institution to deny or withhold payment to Owner due to actual or perceived operational or functionality issues. If a Guest experiences any problems whatsoever with the Property during their stay, please contact the Rental Agent immediately and a rental agent will make all reasonable efforts to correct any of the operational or functionality issues as quickly and as practically as possible. Guest, Guest's family, and/or invitees shall refrain from making any loud noises or disturbances. Guest, Guest's family and/or invitees agree not to disturb, annoy, endanger, or inconvenience neighbors in any way; nor shall Guest, Guest's family and/or invitees use the Property for any immoral, offensive or unlawful purposes, or violate any law, community association rule, bylaw, or covenant; or violate any local, city, or county ordinance; or commit waste on or about the Property; or cause a nuisance on or about the Property. A breach of any of the foregoing shall constitute a breach of the lease and shall be grounds for immediate removal without notice pursuant to this Agreement and Florida Statutes. Guest acknowledges that use of Property and amenities including but not limited to hot tubs, pools, spas, high chairs, cribs or pack and play equipment, air mattresses, fireplaces, decks, docks and the like may be potentially dangerous and involve potential risks if improperly used, particularly with regard to children and such use is entirely at the Guest's own initiative, risk, and responsibility. Guest agrees to diligently supervise any children at all times residing on the Property during the Rental Term as set forth in the Reservation. You are reminded to exercise care as to your personal safety, and the safety of your companions, guests, and invitees as by execution hereof, you assume all liability with regard to any injuries, damages, or harm to person or Property during your stay. This includes but is not limited to the dining table, second-floor loft, staircase, and the BBQ grill.
3. RENT PAYMENT & SECURITY DEPOSITS: Upon your electronic acceptance of the Reservation, this Agreement shall become fully executed and as such, you will be bound by all the terms, conditions, limitations, agreements, and covenants contained herein and in the electronic reservation. It is agreed and understood that the initial security deposit and full payment for the Reservation are due at the time of electronic booking. Any balance of Rent due shall be paid at least 30 days prior to Guest arrival unless the subject Property will be occupied by Guest within 30 days or less following the making of the Reservation in which case the entire rental amount shall be due. All correspondence by and between the Owner and rental agent and Guest shall be via electronic means. Guests will automatically receive an invoice when payments are due; so please ensure that the email address you provide for the Reservation is accurate. All payments shall be processed through vacation rent payment with both credit cards and any check options available. Please note that there is a $50 charge for all returned checks and chargebacks plus the cost of collection. By execution hereof, the Guest hereby agrees, understands, and acknowledges the use of the rental agreement acceptance and payment processing system through vacation rent payment processing service or other services acceptable to the Owner without an original signature. In light of the foregoing, it is agreed and understood that payment authorization cannot be revoked once payment is made in the agreement is accepted. It is agreed and understood that the Rental Agent shall hold the security deposit on behalf of the Owner in a non-interest-bearing account. The Owner shall hold said security deposit to secure Guest's performance pursuant to this Rental Agreement and applicable law and regulations. Owner may, in its sole and absolute discretion, apply said deposit to any damages caused by Guest, Guest's family, friends, or invited guests, Guest's agents or employees, including without limitation, unpaid rent, telephone charges, utilities, any excessive cleaning required above and beyond standard post-tenancy cleaning, and any other damages. Upon the vacating of the premises and provided the Property is left in good, clean, broom swept condition, the security deposit refund shall be automatically issued 7 days following the date of checkout. In the event that the Owner makes a claim against the security deposit for a breach of the terms and conditions hereunder, the balance of the security deposit, if any, or portion thereof will be issued to the Guest account 7 days following checkout. It is agreed and understood that security deposit refunds or portions thereof shall be issued electronically and not by physical check. In the event Owner makes a claim on the security deposit, the parties hereto agree that said claim, at the option of the owner, may be made via electronic mail. Guests shall return the Property and all personal property, equipment, machinery, and appliances included therewith to the Owner at check-out time in the same condition as when Guest checked in, except for reasonable wear and tear expected for a short-term rental. Any damaged or missing personal Property shall be deducted from the security deposit at replacement value. Guests shall immediately notify the Owner upon occupancy if any of the furnishings, appliances, machinery, equipment, or other personal Property are missing, damaged or not functioning as listed in the electronic listing and displayed in the electronic listing photographs. Otherwise, Guests shall be responsible for maintaining and returning said furnishings, appliances, machinery, equipment or other personal Property to the Owner at the end of the subject Rental Agreement in the same condition it was in upon occupancy, except reasonable wear and tear expected for a short-term rental.
4. COVID-19: We have taken enhanced health and safety measures—for you, our other Guests, and our preparation team. You must follow all county safety measures when visiting Broward County.
An inherent risk of exposure to COVID-19 exists in any public place where people are present. COVID-19 is an extremely contagious disease that can lead to severe illness and death. According to the Centers for Disease Control and Prevention, senior citizens and guests with underlying medical conditions are especially vulnerable.
By visiting the property, you voluntarily assume all risks related to exposure to COVID-19.
Our goal is to keep each other healthy and safe.
5. CHECK-IN AND CHECK OUT: It is agreed and understood that check-in time shall be defined as 4:00 PM on the date of arrival and checkout time shall be defined as 11:00 AM on the day of departure. The Rental Period begins at the 4:00 PM check-In time on the day of arrival and shall terminate at 11:00 AM on the day of departure unless prior arrangements have been made in advance. Early check-in and late check-out are based on availability and can be requested via email 3 days prior to arrival. In the event Owner allows an early Check-In prior to 4:00 PM on the date of arrival, an additional charge may apply. In the event, the Owner allows a Late Checkout which shall be defined as after 11:00 AM but before 3:00 PM, an additional minimum charge of $100 shall apply. It is agreed and understood that any Checkout after 3:00 PM, but prior to 12:00 AM will incur an additional charge equal to one night plus sales tax. Unlike a hotel with a large cleaning staff onsite, Rental Agent must coordinate all cleanings well in advance of the vacating of the premises, and as such, any deviation from the agreed-upon check-in and checkout times at the time the electronic reservation is made, may require the expenditure of additional time and fees to Owner and/or Rental Agent all of which shall be charged to Guest should Owner and/or rental agent be required to expend additional time and/or fees in accommodating Guest for late for early check-ins or checkouts. The Owner also incurs extra expenses related to added Guest use of the home including utilities, wear, and tear liability, and maintenance. If a Guest attempts to check-in before or check-out after the time agreed-upon time when the electronic reservation was made and without receiving the prior written approval from Rental Agent and Owner, Guest shall be liable for additional rental charges, applicable fees, sales tax and/or additional cleaning fees and in addition, Guest's security deposit shall, at the option of Owner, be forfeited and owner, at its option, may seek additional damages if necessary. We ask our Guests to understand that non-compliance with this policy impacts other Guest stays and has been adopted in accordance with check-in and check-out policies of many local hotels and vacation rentals. If a Rental Agent takes a new reservation that conflicts with an approved early check-in or late check-out, associated fees paid will be refunded to the Guest and normal check-in and check-out times will be followed. There are no exceptions to this check-in and check-out policy.
6. ASSIGNMENT OR SUBLEASING: Assignment and subletting are hereby prohibited. Guests shall not be permitted under any circumstances to assign this Agreement nor shall Guest be permitted to sublease any portion of the Property. Guests shall also be prohibited from permitting anyone other than the permitted Guests, the Guest's family members or invitees to occupy the Property. It is agreed and understood that all Guests, the Guest's family members and the Guests and invitees must be properly registered with the Rental Agent prior to taking possession.
7. CLEANLINESS OF PROPERTY: The subject Property must be kept in good, clean, and sanitary conditions throughout the Guest's occupancy of the same. It is agreed and understood that the subject Property is professionally cleaned and inspected before and after each rental to ensure that the Guest has a clean, comfortable, and safe stay. Guests agree that any cleanliness issues noticed upon arrival shall be reported to the Rental Agent within no later than four (4) hours after Check-in. Provided that Guest notifies the rental agent within the foregoing period of time, Rental Agent will use reasonable efforts to inform the cleaning service to address the cleaning issues at no additional expense to the Guest. However, please note that if cleanliness issues are not reported within the foregoing prescribed time period, the Owner and Rental Agent shall assume that the Property is in satisfactory condition. By execution hereof, Guest hereby agrees that during Guest's occupancy of the Property, Guest shall keep the Property including the yard, decks, pool area, barbeque area, dock areas, balconies, terraces, common areas, if applicable, front, rear and side yards clean, sanitary, and free and clear of trash, debris, garbage, and any other waste. Guests agree to dispose of all garbage, waste, and debris in the appropriate trash receptacles provided on the Property. Guests shall be provided with garbage collection days during their stay which information shall be contained in the check-in instructions. Guest further agrees to place trash containers on the curb for pickup the night before taking care not to overload the containers with trash. Please note further that since Florida is located in a warm, humid, and tropical climate, certain bugs, ants, insects, and other animals may not be avoided. As such, Guest agrees, understands and acknowledges that the presence of these bugs, ants, insects and other similar type animals or animals which are endemic to the State of Florida, including, but not limited to raccoons, iguanas and alligators shall not be grounds for the cancellation of the reservation or a reduction in the amounts paid or agreed to be paid. By execution hereof, Guest agrees to assume all risks associated with the foregoing and furthermore, Guest specifically agrees to hold the Owner and Rental Agent harmless from any and all liability related to any nuisance, damages, personal injury or death caused by any of the foregoing. Although the Property is treated periodically as part of a pest and termite control program and is cleaned after each rental, it is agreed and understood that certain bugs and ants are unavoidable.
8. DAMAGE AND THEFT: Guest hereby agrees that if upon taking possession Guest discovers any damages, inoperable equipment or machinery, broken glass, or any general maintenance issues, (collectively referred to as “Damage Issues”), Guest agrees to report any such Damage Issues to the Rental Agent within no later than four (4) hours after Check-In. It is agreed and understood that if Guest fails to report the Damage Issues within the foregoing prescribed time, Owner and Rental Agent shall assume that the Property as delivered is satisfactory to Guest. In the event that any Damage Issues to the Property occurs during the Rental Term (including linens), Guest agrees to immediately inform the Rental Agent and thereafter, Guest further agrees to fully cooperate with Rental Agent in immediately providing any and all reasonable and necessary information for the submitting of an insurance claim or for the preparation of a damages report to Owner. It is agreed and understood that depending on the particular facts and circumstances of the damages and the cause of same, claims may, at the sole and absolute discretion of Owner and/or Rental Agent, be filed against Deposits and, if applicable, Damage Protection Insurance, Guest's Insurance and/or against Guest personally. All items found within the home including but not limited to electronics, linens, supplies, and furnishings are the sole and exclusive Property of the Owner and in some cases Rental Agent. It is agreed and understood that any damages or Damage Issues as defined hereunder caused by Guest, Guest's family members, and/or Guest's Invitees shall be the direct responsibility of Guest and as such, Owner and Rental Agent reserve the right to pursue legal action against Guest, Guest's family members, and/or Guests Invitees if Owner and/or Rental Agent determine that any items of personal Property are missing or stolen or if any of Owner or where applicable, Rental Agent’s personal Property is missing, stolen or damaged.
9. LOCKED COMPARTMENTS: Locked cabinets, closets, and compartments are not for Guest access and the contents therein are for Owner and Rental Agent use and access only. Guests agree to refrain from accessing any locked compartments during their stay.
10. WATERFRONT PROPERTY: If applicable, boats docked at waterfront Property are private Property and under no time or circumstance are they to be boarded, tampered with or damaged. Guests who do not adhere to this policy may be subject to legal action by not only the Owner of the subject boat or water vessel, but also by Rental Agent or if the vessel is owned by someone other than the Owner hereunder, then also by the Owner. In addition, any Guest who fails to adhere to this policy may also be prosecuted criminally to the fullest extent of the law. It is agreed and acknowledged by Guest that Boat owners, their crew, and their associates may be granted access to the boat around the side of the home so as to not disturb guests.
11. PET POLICY: Generally, no pets of any kind are allowed. However, in the event the online Property listing indicates that said Property allows pets, Guests shall be required to notify the Rental Agent of their intention to bring a pet onto the Property. In the event that a pet is permitted by the Owner, Guest is required to provide, in writing and at least three (3) days in advance of taking possession of the Property, the weight, breed and general description of the pet or pets. Guests shall also be required to provide proof of vaccination, registration and that all required shots have been given to the pet or pets. In addition to the foregoing, Guests shall also be responsible for remitting an additional non-refundable pet fee in the amount of $35 per day of occupancy plus tax. Please note that the amount of the fee shall be subject to take change within the sole and absolute discretion of the Owner and/or rental agent prior to booking is confirmed. In addition to the foregoing, Owner and Rental Agent reserve the absolute right to deny any pet or pets stay in the Property for any reason or no reason whatsoever. It is further agreed and understood that certain pets, including, but not limited to, pit bull dogs, pigs, and/or other undesirable or dangerous animals shall not be permitted and the prohibition of the same shall be within the sole and absolute discretion of the Owner and/or Rental Agent. There shall be a maximum of two (2) pets per Property allowed. Guest pets must be treated for fleas and ticks prior to arrival in addition to having proper vaccinations. All Guests agree to ensure that all pet waste and excrement shall be picked up and placed in a tightly tied bag and disposed of in the proper outside trash receptacle. It is agreed that pets shall not be allowed on the furniture and all pet hair must be cleaned up prior to departure. A $250 fee will be deducted from the refundable deposit if there is any report of pet hair on bedding and sofas. Guest pets must be leashed at all times when outside of the Property and under no circumstances are Guest pets allowed on the beach. The violation of any terms of this pet policy subjects the Guest to additional fines or termination of the Rental Term. Guest pet policies and Property availability are subject to change per manager, owner, city, county or community association rules and regulations at any time.
12. ENTRY AND INSPECTION: Rental Agent reserves the right to enter the Property at reasonable times and with reasonable advance notice for the purposes of inspecting the Property or showing the Property to prospective purchasers, renters or other authorized persons. If a Rental Agent has a reasonable belief that there is imminent danger to any person or property, Rental Agent may enter the Property without advance notice.
13. UNAVAILABILITY OF PROPERTY: In the event the Property is not available for use during the Rental Term due to reasons, events or circumstances beyond the control of Rental Agent, Rental Agent will apply due diligence and good faith efforts to locate a replacement Property that equals or exceeds the Property with respect to occupancy capacity, location and value that meets the reasonable satisfaction of the Guest. If such replacement Property cannot be found and made available, Rental Agent shall immediately return all payments made by the Guest, whereupon this Agreement shall be terminated and Guest and Rental Agent shall have no further obligations or liabilities in any manner pertaining to this Agreement.
14. GUEST COVENANTS AND CONDITIONS:
The parties agree that the following are material covenants and conditions of this Rental Agreement, the breach of which shall result in immediate forfeiture by the Guest of the subject rental premises and if applicable, the Security Deposit, in accordance with applicable law: Guest shall not damage the rental premises or any part thereof or any personal Property or appurtenance therein or thereto, and if the premises, or any part thereof, or any personal Property or appurtenance thereto are damaged, obstructed or rendered inoperable by the misuse or negligence of Guest, Guest's guests, family, agents or employees, Guest shall pay the cost for repair or replacement of same immediately upon presentation by Owner of a bill for same. Guests shall comply with all applicable federal, state, and county local laws, rules, regulations, and ordinances if any, and Conditions of Guest's Agreement which are attached hereto and are specifically incorporated herein and agreed to by Guest. Guest agrees not to commit waste or to use the rental premises or any appliances or appurtenances thereof or thereto for any disorderly or unlawful or offensive purpose. Guests who request a forgotten item to be shipped will pay a $50 fee plus the cost of shipping. Guests who lose or don't return keys upon checkout will pay a charge of $50 per key plus the costs of hiring a locksmith to change the lock or rekey the lock if the same should become necessary at the reasonable discretion of the Rental Agent. Guest warrants and represents that Guest meet the minimum age requirement of 21 years old to rent the Property and an adult over the age of 21 will be staying at the Property for the full duration of the stay. No boat launched or stored at the rental premises shall be chartered to any person other than to the Guest registered pursuant to this Rental Agreement and it shall not be used for living-aboard, sleeping, or overnight accommodations at the rental premises. Watercraft not to exceed one (1) motorized watercraft, including a jet ski or Waverunner, may be stored on a trailer in an approved parking place on the premises only if agreed to in writing by the Owner or Rental Agent in advance. Trailers and Motorhomes not to exceed (1) may be stored in an approved parking place on the premises only if agreed to in writing by the Owner or Rental Agent in advance. Vehicles not to exceed three (3) vehicles may be parked on the premises in approved parking places. No parking is permitted on grass or on the street and all cars must be in the driveway. Owner cars may be left in the driveway on occasion. Any vehicles, trailers, or watercraft not identified in advance and agreed to by the Owner or Rental Agent in writing shall be towed or removed from the premises at Guest's expense. Guests understand that if a watercraft on trailer, trailer, or motorhome is stored in an approved place it will reduce vehicle parking allowed per section 14-k of this agreement accordingly. Guests agree not to charge any long-distance telephone calls or other charges to the telephone, cable, satellite, or internet account(s) located at the rental premises. Guests agree not to tamper with, damage or adjust pool and/or spa equipment including but not limited to adjusting temperature, removing pool vacuums (which remain in the pool for cleaning, water flow, heating, and filter purposes) or changing timer and valve settings. Heated pools are set between 82 and 85 degrees Fahrenheit year-round and spas are set between 99 and 102 degrees Fahrenheit unless otherwise noted in the Reservation. Pool condition (i.e. temperature, clarity, chemical balance and cleanliness) can fluctuate greatly with changes in climate or environmental factors out of the Owner and Rental Agent’s control. The pool and/or spa is serviced weekly. This section applies only to homes with a pool and/or spa. Please refer to the electronic Property listing for details on the presence of a pool and/or spa or lack thereof. Upon checkout Guests will place all trash in proper outdoor bins, place dirty dishes in the dishwasher and run cycle, raise air temperature to 76 degrees, lock all doors and place keys in lockbox if applicable.
15. HABITABILITY: In the event the premises become uninhabitable, due to damage from wind, fire, rain, storm surge, or any other cause, and the Owner, at his sole discretion, shall decide not to repair or rebuild the premises, the term of this lease shall end and rent will be prorated up to the time of the damage.
16. RADON GAS: Pursuant to §(PHONE NUMBER HIDDEN)), Florida Statutes, 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 public health unit.
17. ACCESS TO PREMISES: Guest agrees to permit Owner or Owner's agents to enter the rental premises or any part thereof at any reasonable time for the purpose of examining the same, to make necessary repairs, and/or to protect any personal Property from damage. Reasonable time for said entry, without further notice to the Guest, shall be between the hours of 8:30 a.m.and 8:00 p.m., although the parties may agree to additional hours for Owner's access. Owner or Owner's Agent may also enter the rental premises with the consent of Guest, or when necessary in case of an emergency or when the Guest unreasonably withholds consent or access. Exterior service personnel including but not limited landscaping and pool service are granted access without prior notice. The interior service personnel will be granted access with the consent of the Guest.
18. REMOVAL: Guest acknowledges and agrees that Owner may remove or cause to be removed from the rental premises any Guest or Guest who, while at the rental premises, illegally possesses or deals in controlled substances, violates any of the terms of this Rental Agreement, is intoxicated, profane, lewd or brawling, who indulges in any language or conduct which disturbs the peace and comfort of other Guests or neighbors, or which constitutes a nuisance, or which injures the reputation, dignity or standing of the rental premises, or anyone who fails to make payment of rent at the agreed-upon rental rate and fees at the agreed-upon times, or anyone who fails to check-out at the agreed-upon time unless an extension of time is expressly agreed to by the Owner and the Guest prior to check out. Admission to and removal from the rental premises is not and shall not be based upon race, creed, color, sex, physical disability or national origin. Any notice to vacate may be given orally or in writing by Owner to Guest, and if in writing shall be as follows: “You are hereby notified that this establishment no longer desires to entertain you as its guest, and you are requested to leave at once. To remain after receipt of this notice is a misdemeanor under the laws of this State.”
19. BREACH OF LEASE: If any Guest who is asked to vacate early for failure to comply with the terms and conditions of this rental agreement or otherwise, Owner shall, at the time notice is given, tender to the Guest the unused portion of the advance rent and fees payment without prorating any portion of the day that Guest is noticed to vacate. Owner may retain any security deposit without further notice as agreed upon liquidated damages, consideration for the execution of this Rental Agreement, and in full settlement of all claims, or Owner, at Owner's option, may proceed at law with any damages claim. Any Guest who remains or attempts to remain in the rental premises after being requested to vacate shall be guilty of a misdemeanor of the second degree punishable in accordance with Florida law. If any person is illegally at the subject rental premises, the Owner may call upon any law enforcement officer of this State for assistance. If the Guest is arrested, the Owner shall employ all reasonable and proper means to care for any personal Property which may be left at the rental premises by the guest; however, upon arrest, the Guest/Guest shall be deemed to have given up any right of occupancy and to have abandoned such rights.
20. RISK OF LOSS - INDEMNIFICATION: Guest agrees that Owner and Owner's agents shall not be liable for any loss of or damage to any personal Property in or on the Property or stored in rooms or places provided to Guest in connection therewith, nor shall Owner or Owner's agents or employees be liable to Guest, Guest's family, guests, invitees or agents for failure to repair or maintain any part of the rental premises or Property contained therein absent gross negligence. Guest further agrees that neither Owner, nor Owner's agents or employees shall be liable for any damage to the personal Property of the Guest, Guest's family, guests, or agents arising from theft, vandalism, fire, water, rain, acts of God or government, interruption of utilities, acts of others or other third party or external causes whatsoever. Guest agrees that all personal property, furnishings, personal effects, and other items brought into the Property by Guest or their permitted Guests and visitors shall be at the sole risk of Guest with regard to any theft, damage, destruction or other loss and Rental Agent shall not be responsible or liable for any reason whatsoever. Whenever possible, valuables should be left secure and out of sight. Rental Agent accepts no responsibility or liability for any loss or damage or alteration to the terms of your reservation caused by events beyond our control, including but not restricted to war, terrorist activity, civil commotion, flight delays, or cancellations, airport closures, loss of luggage, adverse weather conditions, fire, flood, or industrial dispute. Rental Agent cannot accept any liability for the failure of public supplies such as water, electricity, Internet or breakdown of the air conditioning system nor for the consequences of the action or omissions of persons who may control or supply main services, or any actions taken in the vicinity of the Property reserved, by any authority over which there is no control. Guest hereby covenants and agrees to indemnify and hold harmless Rental Agent and their agents, owners, successors, employees, and contractors, officially or otherwise, from any and all costs, damages, liabilities, claims, legal fees and other actions initialed by Guest, permitted guests, visitors or agents, representatives or successors of Guest due to any claims relating to the destruction of Property or injury to persons or loss of life sustained by Guest or family and visitors of Guest in or about the Property including any common facilities, activities or amenities. Guests expressly agree to save and hold Rental Agent harmless in all such cases caused by the Guests either intentionally or negligently and or caused by the negligence of the owners. Guest shall also be liable and indemnify Owner for attorney’s fees and court costs incurred by Owner in enforcing any of the terms, covenants or conditions of this Rental Agreement or which are sustained by Owner as a result of or arising from or during Guest's subject occupancy and tenancy.
21. SMOKING: Smoking is not allowed in any of our properties. Smoking is not allowed outside by any open window/door. Smoking is permitted on balconies or patios as long as the doors and windows are closed.
22. ATTORNEYS FEES – VENUE: The parties agree that the prevailing party in a suit commenced enforcing the terms, covenants, conditions, and agreements contained within this lease shall be entitled to reasonable attorney’s fees and costs. The venue for any legal action, other than matters which are required to be filed in the county in which the Property is located, shall be Broward County and the laws of the State of Florida shall apply.
23. ELECTRONIC SIGNATURES – BINDING EFFECT: The parties hereto agree that this agreement is made effective by and shall be governed by both the Federal Electronic Signatures and Global and National Commerce Act as well as the Florida Uniform Electronic Transaction Act (“Electronic Signature Statutes”). It is agreed and acknowledged that although this agreement is not being physically signed by the parties that pursuant to the foregoing Federal and Florida statutes the subject agreement and all provisions, obligations, and duties contained therein are nonetheless binding upon the parties and enforceable under the laws of the State of Florida. Pursuant to the foregoing statutes, the agreement by and between the parties is considered an Automated Transaction as defined pursuant to Florida Statute 668.50(2)(b), and this agreement is considered a fully binding and effective Contract pursuant to Florida and Federal law.
24. DAMAGE PROTECTION INSURANCE: If applicable, the purchase of Rental Unit Damage Protection Insurance covers unintentional damages to the rental unit interior/exterior that may occur during a Guest stay, provided they are disclosed to management pursuant to the disclosure requirements set forth hereunder and the disclosure is made prior to check-out. The policy will pay a maximum benefit as indicated when the policy is purchased by the Guest during the electronic reservation and payment process. If during a Guest stay at one of our Rental Properties, a Guest causes any damage to real or personal Property of the unit as a result of inadvertent acts or omissions, the Insurer will reimburse the Rental Agent for the cost of repair or replacement of such Property up to a maximum benefit. However, Guest agrees to assume any and all liability for all amounts in excess of any insurance coverage including this damage protection insurance. Certain terms and conditions apply. Full details of the Rental Unit Damage Protection coverage are contained in the Certificate of Insurance or Insurance Policy. By submitting payment for this plan, Guest authorizes and requests Travel Guard to pay directly to the Rental Agent as a loss payee any amount payable under the terms and conditions of the Rental Unit Damage Protection Insurance. Guest also agrees to cooperate in full with both Travel Guard and Rental Agent through a claims process if necessary.
25. MISCELLANEOUS: Time is of the essence with regard to all-time periods pertaining to this Agreement. This Agreement shall be binding upon and for the benefit of the heirs, personal representatives, successors, and permitted assigns of Owner and Guest. Whenever used, the singular number shall include the plural or singular and the use of any gender shall include all appropriate genders. The agreements contained in the Agreement set forth the complete understanding of the parties and may not be changed or terminated orally. All questions concerning the meaning, execution, construction, effect. The validity and enforcement of this Agreement shall be determined pursuant to the laws of Florida. A facsimile copy or electronic transmission of this Agreement and any signatures hereon shall be considered for all purposes originals.
26. CANCELLATION: Any Reservation cancellation or modification pursuant to the above schedule may, within the sole and absolute discretion of the owner, receive a full refund of the security deposit, damage protection insurance, and cleaning fee. In the event of an emergency, the Owner reserves the right at Owner's discretion, to refund on a case by case basis only, part of any deposit, rent or fees paid, minus an administrative fee, upon notice of cancellation by the Guest. Any deposit, rent or fees retained by Owner pursuant to this provision shall be agreed upon liquidated damages, consideration for the execution of this Rental Agreement and in full settlement of all claims.
IN WITNESS WHEREOF, the parties have executed this Agreement electronically on even date herewith and are made effective by and are in compliance with the Electronic Signature Statutes.
Exhibit A of Short Term Rental Agreement
1328 NE 16th Ave
Fort Lauderdale FL 33304
The foregoing Property shall be referred to throughout the Short Term Rental Agreement as “Property” and the address hereinabove shall be incorporated therein by reference. It is agreed and understood that all references to ‘Property” throughout the Short Term Rental Agreement shall refer to the above property.