Terms and conditions

1. TERM OF AGREEMENT. The term of AGREEMENT is from (“Check-in Date” and Time) to (“Check-out Date” and Time) as listed above.
2. PAYMENT
   1. Total Cost: The total amount due (“Total Cost”) to Manager will consist of the rental rate multiplied by the number of nights (the “Rent”), plus any other applicable fee, plus 12% county and state lodging taxes.
   2. Advance Payment (1st Payment): Upon making a reservation, Management Company will contact Guest with a payment schedule. Within twenty-four (24) hours of receiving that schedule, Guest shall pay the Management Company a sum equal to the total of 60% of the Total Cost (“Advance Payment”).
      1. If Guest does not pay Management Company the Advance Payment within twenty-four (24) hours of receiving the payment schedule, the Management Company shall have the right to terminate this contract without cause and without notification to Guest.
      2. This Advance Payment shall be applied to the Total Cost. This Advance Rent Payment is not a damage deposit.
   3. Final Payment (2nd Payment): The balance of the Total Cost (“Final Payment”), equal to 40% of the Total Cost Rent, is due to Management Company sixty (60) days prior to the Check-in Date unless this contract is executed within sixty (60) days of the Check-in Date.      
   4. Method of Payment: Guest may pay Management Company via a bank prepared cashier’s check, bank wire, personal check, or credit card. Please inform Management Company of your choice of payment method. If making a payment by bank wire, please note there will be additional bank wire fees. The management company will provide bank wire instructions.

Please Note: personal checks will not be accepted within thirty (30) days of the check in date.  If Guest chooses to make any payment by check, the check must be issued in US Funds and be drawn on a bank that is registered within the US Federal Reserve System.

If advanced payment (First Payment) is made by check or cashier’s check, the payment shall be sent by expedited mail service and received within 24 hrs. of placing the rental reservation. 

All checks must be made payable to: By the Sea Vacation Villas.

3. SECURITY DEPOSIT: A Valid Credit Card to be kept on file is required upon Reservation. Your reservation was either charge $100.00 for a Damage waiver to cover up to $1,500.00 in damage, we will collect a deposit, or we will hold a credit card at check in. Should a Security Deposit not be collected, or damages cost are above the coverage of the damage waiver or above the amount of deposit, the Credit Card on file will be charged for any of these costs. Guest hereby grants consent to charge Credit Card on file for any damages, missing items, excessive cleaning, fines, and, if necessary, cost incurred to remove Guest from property.
4. CREDIT CARD HOLD AND DAMAGE WAIVER PLAN[i]
   1. Guest shall allow Management Company to hold a credit card on file for incidentals and any damage not covered by damage waiver plan, damage insurance or damage security deposits. If there is damage not covered by other sources management will bill guest and charge the card on file for the applicable incidentals or damages. Management company shall have the right to recoup the full amount stemming from the damage. Guest shall provide his/her credit card information to Management Company sixty (60) days prior to the Check-in Date. The credit card must match the name on the reservation.
   2. Damage Waiver Plan Summary
      1.  In lieu of a large security deposit, we are now charging a one-time fee of $100 for an        Accidental Damage Waiver Plan. This plan will provide coverage for accidental damage taking place at the home during your stay for up to a total of $1500.00 in damages.
      2. The coverage only applies to accidental damages that are reported prior to checkout.
      3. A credit card number will still be required to keep on file with participation in the damage waiver program.
5. MANAGEMENT COMPANY’S RIGHT TO TERMINATE
   1. If Guest has not paid Management Company the Advance Payment, The Management Company shall have the right to terminate this contract for any reason whatsoever or for no reason at all, without notification to Guest, without any liability to Guest or refund due to Guest.
   2. If Guest has not paid Management Company the Final Payment by the appropriate due date listed on the signed rental agreement, Management Company shall have the right to terminate this contract for any reason whatsoever or for no reason at all. Management Company will notify Guest and has the right to retain Guest's first deposit payment without any refund(s) due to Guest whatsoever. Management Company shall have no further liability to Guest or refund due to Guest.
   3. If Guest has paid Management Company the Advance Payment and Final Payment on time and in full, Management Company, shall have the right to terminate this contract if the Property becomes unavailable or unsuitable for rental. For any reason beyond the control of Management, the Premises become unavailable, Management may substitute a comparable unit or cancel this Agreement
   4. IF Guest falsifies reservation when primary renter is under 25 years of age or identity can not be proven. 
6. GUEST CANCELLATIONS AND CHANGES (Management Company typically pass on many inquiries to hold a reservation.)
   1. Guest cancellations that are made more than sixty (60) days prior to the Check-in Date shall incur a penalty equal to 60% of the Total Cost.
   2. Guest cancellations that are made within 60 days of the Check-in Date (including on arrival) shall result in no refund or credit whatsoever for any reason, including weather resulting in Guest’s late arrival or acts of natural disaster, subject to the Maintenance provision herein.  No refunds will be given for late check-ins, early check-outs, or no shows.  In the event Guest is unhappy with the Property, Management Company does not issue refunds under any circumstances.
   3. Guest changes that result in a shortened stay, if made within 60 days of the Check-in Date, shall [forfeit the full advance payment].  Guest shall not be refunded in any way for an early departure, with no exceptions.
   4. Weather/mother nature: We cannot be held responsible for circumstances beyond our control. This includes excessive noise from construction or public/private events, wildfire/smoke, weather related interruptions, hurricanes, pathogens/infectious agents, road closures, quarantine requirements, stay at home orders, beach closures, event cancelations, government orders. We cannot be held responsible for circumstances beyond our control that hinder use and access.
   5. Unforeseen occurrences: Management will not assume liability for any loss, damage or inconvenience caused by but not limited to the following: weather conditions, natural disasters, pests, construction, acts of God, or other reasons beyond its control. There shall be no refunds available as such instances are beyond the control of Management. It is highly recommended that Guest considers travel and/or rental insurance.
       
7. INCLUSIVE FEES
   1. Included in the Rent are the following products: a one-time linen-towel setup, a starter supply of: 1-kitchen paper towel,1-bathroom tissue paper per bathroom, 1 set of toiletries per bathroom (small shampoo, conditioner, shower gel, exfoliating face soap, aloe-vera body soap)  liquid dish washing and 3 dishwasher pods, 4-laundry pods, 3-garbage bags. Once the starter supply is finished, the Management Company will not replenish additional supplies.
   2. Included in the Rent are the following services and utilities (subject to general system outages or technical issues): electricity, water, cable TV and wireless internet.
   3. Included in the Rent is the availability of a propane BBQ grill. One propane tank will be provided at the start of the rental, refills are the guest’s responsibility.
8. CHECK-IN / CHECK-OUT POLICY
   1. Check in procedures and rules are emailed to guest approximately seven days prior to arrival.
   2. Check-in time is no earlier than 4:00 PM on arrival date. This time may be delayed should unforeseen circumstances arise. Check-out time is NO LATER than 10:00 AM on the departure date. Early Check In and Late Check Out options are available for an additional fee if available (Not an option during Peak Times). If Early Check in and/or Late check out are approved, you will get an email confirmation from the reservation team.
       
   3. Guest may request an early check-in, or late check-out, by contacting the Management Company the day before arrival or departure for an additional fee.
      1. Early check-in, or late check-out, will only be granted based on availability. Management Company cannot guarantee this service prior to the day before because it is based on availability. If Guest requires a “guaranteed” early check-in or late check-out, Guest may inquire to Management Company about paying for this service.
9. NO SMOKING POLICY
   1. No smoking is allowed on the Premises. If smoking does occur on the Premises, (i) Guest is responsible for all damage caused by the smoking including, but not limited to, stains, burns, odors and removal of debris; (ii) Guests may be required to immediately leave the Premises, or be removed from the Premises; (iii) Guest is in breach of this Agreement.
10. PETS
    1. Pets are NOT allowed. If unauthorized pet is discovered on Premises, Guest will be asked to leave without refund as Guest will be in breach of this Agreement.
11. MAIL SERVICES: You may ship directly to the home that you are staying in using FedEx or UPS while you are in the home, however we cannot guarantee delivery or security of the package. This will be up to the shipping client and the shipping receiver to arrange. **We are not responsible for any lost, damaged, or delayed deliveries. Returning late deliveries after a guest has left will incur an additional fee, plus cost of shipping. Receiving mail will not establish residency guest is still a transient guest per the terms of this agreement.
12. TWENTY-FIVE (25) YEAR OLD AGE REQUIREMENT
    1. Guest warrants and represents that Guest will be above the age of twenty-five as of the Check-in Date. Persons (including adults) under the age of 25, are not permitted on the Property unless they are accompanied by a parent who resides at the Property for the entire stay.
13. APPROVED GUESTS AND USE: 
    1. The Premises are for the sole use as a personal vacation residence by Approved Guests. Reserving Guest is responsible for any guests that use the property during the term of this agreement. Guest may not exceed Max Occupancy for Property at any time. If the Premises are used, in any way, by more than max allowed guests, (i) Guest and all others may be required to immediately leave the Premises or be removed from the Premises; (ii) Guest is in breach of this Agreement; and (iii) Guest forfeits its right to return of any monies collected.
       
        
    2. The Property shall be used solely for residential use and for no other purpose absent prior approval by Management Company. Guest shall not use or occupy, or permit the use or occupancy of, the Property, or any part thereof, in any unlawful manner or for any illegal purpose or in such a manner as to constitute a nuisance, or for any purpose or in a manner likely to cause the Property’s structural injury or a person’s bodily injury, and shall not use or occupy or permit the use or occupancy of the Property for other than purposes of the nature and to the extent permitted by the laws, rules, regulations, and ordinances of the applicable governmental authorities and their agencies, including without limitation, environmental laws and regulations. No illegal substances are allowed in the rental, and minors should not be in possession of alcohol. Violations will result in eviction from the property and no refunds will be issued.
       
        
    3. Consistent with the Noise ordinance/provision, Guest shall not create loud noise and/or hold parties at the Property. Weddings, reunions, and large gatherings are not permitted on the Property. Without pre-approval, outside guests are not permitted to visit Guest on the Property. Any disruptive events could result in the eviction and forfeiture of entire rental amount and security deposit.
        
14. NOISE AND LEGAL COMPLIANCE
    1. Terms include a No Tolerance Policy regarding excessive noise, parties, or disturbing neighbors. Please make sure you are comfortable with our Terms as they are strictly enforced.
        
    2. The City noise ordinance is in effect from 10pm to 7:00am.  In the event law enforcement is called to the property, as the result of excessive noise, disturbance or illegal activity, or use of the Property contrary to the Use provision, Management Company shall have to right to immediately evict Guest from the Property with no refunds, with no exceptions. If the Management Company receives a city citation or is liable to a third party for any reason whatsoever because of Guest’s actions or non-action, then Guest is responsible and liable for that, and Management company is entitled to the Damage Deposit or Damage Deposit Hold, although Guest’s liability is not capped by the amount of the Damage Deposit or Damage Deposit Hold. 
15. DEPARTURE CONDITIONS
    1. Upon departure, Guest shall lock all windows and doors, and ensure the outside pool-gate is closed.
    2. Prior to departure, Guest shall bag all garbage items and place all items in the outside trash bins and comply with the Garbage provision below.
    3. Upon departure, Guest should Turn A/C up to 78 degrees. Please be courteous by placing dirty dishes in the dishwasher, placing all garbage in the outside garbage cans, remove dirty linens from all the beds, place all towels and dirty linens in front of the washer, etc. If Guest can start one load of laundry, prior to departing the home, it would be greatly appreciated.
16. GARBAGE (Thank you for your courtesy in complying with these provisions)
    1. Garbage collection occurs on Monday and Thursday. Recycle day is Thursday, please use the blue recycle bin. Guest shall place all garbage in garbage bags and place the garbage bags in the outside trash bins. Guest shall move the garbage bin to the curb after 6:00 p.m. on the night before pick-up day (city law). After the garbage has been picked up, the bins shall be moved back from the curb by 6:00 p.m. (city law). If garbage bags are placed outside of the garbage on the curbside, the city will not collect the garbage. All trash must be inside the bins to avoid a city citation or fee.
    2. Prior to departure, Guest shall place all garbage bags in the outdoor trash bins.
    3. If Guest has excess garbage that will not properly fit in the trash bins, Guest shall be responsible for removing it from the Property prior to departure. If Guest leaves excess bags or garbage at the Property after Guest’s departure, the Management Company may have to call a private trash removal service, which Guest will pay (through e.g. the Damage Deposit Hold.) Most private trash removal services start at $300.00 and increase depending on the amount of trash. Please be respectful by not leaving excess trash at the property. We thank you for your cooperation in this matter.
    4. If you arrive to a property that has a full bin, please take it out to the street the night prior to garbage collection day. The guest before you may have departed before the scheduled trash day and the next guest will extend the same courtesy to you if you leave before a scheduled trash day.
    5. Guest shall be liable for any citations the Management company receives from the city regarding excess trash or failure to comply with the pickup timing requirements (underlined above). Please do not place trash in the lawn bins, as these bins are for lawn debris only.
17. LINENS
    1. The home comes with a minimum of 2 bath towels per bed. Management company guarantees only 2 bath towels per bed because, unlike a hotel, there is a washer and dryer for Guest’s use.
    2. Beach towels. Guest may use the beach towels however, Guest SHALL NOT wash any beach towels with the white bath towels, and this is due to possible discoloration of beach towels.
    3. Management Company will take an inventory prior to Guest’s arrival and after Guest’s departure, including inventories of towels. Guest may be held responsible for any damaged or missing bath towels. Lost or damaged towels will be a $20 charge per towel.
18. CLEANING SERVICE
    1. Guest should arrive to a professionally cleaned home. If Guest is not satisfied with the initial cleaning, Guest should immediately contact Management Company at 954-771-7705 (or, after-hours: 888-486-2214). Management Company will ensure the cleaning is properly done. If a delay in cleaning causes Guest to check-in late (i.e. after 4pm), Guest will be compensated with a late check-out upon departure (if available). Please note: Occasionally, housekeeping may run behind due to guests leaving an unusual mess. If Guest does not notify Management Company on Check-in Date of an initial cleaning issue, and Management Company is not given the opportunity to correct that issue, no additional cleaning(s) or credit(s) will be provided.
    2. The initial (pre-arrival) cleaning is included in the property rental. Daily maid service and additional touch up cleanings are not included as part of this contract, but they may be requested during your stay for an additional fee (subject to availability). Please inquire Management Company for rates.
    3. Premises will be delivered to Guest in a professionally cleaned condition. Should Guest's use and activity require more than regular cleaning services, Guest will be charged for associated excess costs.
19. PARKING
    1. Guest shall be allowed to park 4 vehicles in the driveway of the home.
    2. The Guest shall not park campers, trailers, motorcycles, or boats on the Property.
20. TELEPHONE AND INTERNET
    1. If property offers telephone service, telephone calls from the home are free within the United States and Canada; however, long distance calls are blocked to all other foreign countries. Phone service is not guaranteed in the event of weather related, or phone service provider, issues. Guest may use a calling card for international calls. Prepaid cell phones are available at any Target stores etc.
21. PRIOR TO THE CHECK-IN DATE
    1. After Guest has paid Management Company the Advance Payment and Final Payment, the Management Company shall provide the Guest with a Final Confirmation and Mandatory Check in Procedures. On the day of arrival and check in at our office, the guest will receive a welcome package providing information about the home, property address, the Security Access Code to enter the property, the Trash Collection Days and the Wireless Internet Access Code. Also included shall be Management's contact information, including emergency after-hours numbers.
22. OCCUPANCY
    1. MAXIMUM OCCUPANCY: No guests more than the maximum occupancy specified in the rental agreement shall occupy the property. Breach of this will result in immediate termination of the rental agreement with a forfeiture of the entire rental amounts and or security deposit.
23. RATE CHANGES
    1. Rates are subject to change, due to holiday weeks and peak seasons, without notice prior to a reservation acceptance. Once a reservation is accepted by the Management Company, Guest’s rate will not change unless additional items are added. Once Guest’s rate is locked in, Management Company will not lower or raise the rate.
    2. Rates may fluctuate and change higher or lower as Check-in Date approaches. Management Company will not offer any refunds for any difference in the advertised rates. Management Company will sometimes advertise a lower rate to fill last minute dates, but this will not entitle Guest to any sort of refund for any difference. This is no different than fluctuating airline or hotel rates.
24. FALSIFIED RESERVATIONS
    1. Any reservation obtained under false pretense will be subject to forfeiture of Advance Payment, Deposit and/or rental money, and the party will not be permitted to check-in.
25. PHOTO REPRESENTATION
    1. Pictures of the Property made available to Guest online are pictures of the actual Property and are photographed exclusively by the Management Company. Please Note: Management Company periodically updates furniture and décor and does not guarantee that the photographs are recent. Guest shall not be given a refund should Guest arrive and dislike the Property. By agreeing to this contract, Guest is taking the home as-is.
26. MAINTENANCE
    1. Periodical maintenance issues may arise for this private home, just like at any normal home. If the home needs repair(s) upon Guest’s arrival, Management Company will make every effort to address the issues within twenty-four (24) hours. If Guest needs to vacate the Property because the repairs will be extensive or involve a habitability/safety issue, e.g., there is a flood inside the property, then Management Company will attempt to relocate Guest to another vacation property, based on availability, and Guest is entitled to a full refund for the remainder of Guest’s stay. All the homes in Management Company’s portfolio are owned by individual homeowners. If Guest moves to another home, Guest will have to start the payment process over again. If Management Company offers to relocate Guest to another property and Guest chooses to stay in the original property, regardless of needed repairs, no refunds will be issued.
    2. SYSTEM(S) FAILURES: In the event the rental unit sustains a failure of a system, including but not limited to water, sewer, septic, electrical, gas, plumbing, mechanical, appliances, heat pump, ventilating, pool, hot tub or other system or structural systems, neither the property owner nor the Management shall be liable to Guest for damages, and no refunds will be given for such failures. However, Management will make an effort to promptly repair or replace the failed system or equipment, and in such event, Guest agrees to permit Manager or its service provider to have reasonable access to the property to inspect and make such repairs.
    3. CONDITION OF PREMISES: Guest shall, on arrival, examine the Premises, all furniture, furnishings, appliances, fixtures, and landscaping, if any, and shall immediately report, in writing, if any are not in operating condition or are in disrepair. Reporting repairs does not give Guest the right to cancel this Agreement or receive a refund of any payments made.
    4. MAINTENANCE & REPORTING: Guest shall properly use, operate, and safeguard the Premises including, if applicable, any landscaping, furniture, furnishings, appliances and all mechanical, electrical, gas and plumbing fixtures, and keep them clean and sanitary. Guest shall immediately notify Management of any problem, malfunction, or damage. Guest shall pay for all repairs or replacements caused by Guest, excluding ordinary wear and tear. Guest shall pay for all damage to the Premises because of failure to report a problem, malfunction, or damage in a timely manner.
27. INTERNET, TV, AND PHONE SERVICE
    1. No refund shall be given for number of devices, outages, content, or lack of content or personal preferences regarding cable/internet/satellite service. Services are provided as a convenience only and are not integral to this agreement. No refund shall be given for outages, content, lack of content, speed, access problems, lack of knowledge of use, or personal preferences regarding service.
        
28. CONSTRUCTION
    1. Because Greater Fort Lauderdale/Lauderdale by the Sea/ Pompano Beach and the surrounding areas have a large tourism industry, Management Company cannot be aware of every construction project. Management Company will not provide Guest with any refund, nor will they move Guest to a different home because of construction nearby and out of management control.
29. ACCESS TO PROPERTY
    1. Entry: Management and Managements representatives and agents have the right to enter the Premises, at any time, (i) for the purpose of making necessary or agreed repairs, decorations, alterations, improvements, for maintenance or to supply necessary or agreed services; (ii) to verify that Guest has complied with the terms of this Agreement; or (iii) in case of emergency. Management and Managements representatives and agents have the right to enter the Premises, upon reasonable notice of at least 24 hours, to show the Premises to prospective or actual purchasers, tenants, lenders, appraisers, or contractors.
30. POOL AND POOL HEAT
    1. Management company utilizes a professional pool cleaning service. Normally, the pool company services the pool TWO TIMES PER WEEK (typically Tuesday and Friday). Guest will be responsible for skimming leaves if, for example, Guest checks-in on a Thursday and the pool cleaning company is not scheduled until Friday. Management Company will not perform pool cleanings, but Guest may ask Management Company to call a pool services company to perform additional pool cleanings for $60 per cleaning, charged to Guest. If Guest requires a guarantee that the pool has been cleaned specifically for Guest’s Check-in Date, regardless of the scheduled pool day maintenance, then Guest shall have to request this and pay for it in advance. Guest is not entitled to any refund due to pool cleanings issues and/or weather-related pool issues. Pool Heat - Homes located within larger Condo or Townhome Communities come with complimentary pool Heat. Maximum temperature the community association allows is 81 degrees. Heater will only be turned on when outside temperature is between 65-75 degrees. No guarantees due to equipment malfunctions and no refunds for this complimentary service. The rental property owner or rental property association controls pool temperatures. By The Sea is not responsible for pool or spa temperatures, closures, or malfunctions. No credit, discount and/or rate adjustments can be granted for items mentioned above or circumstances beyond our control. There will be days when the weather conditions will not allow pool heaters to accommodate swimming and temperature recovery times will vary. Private Pools- Pool heating, is an additional fee and must be paid for prior to use. Guest agrees not to tamper with pool heat controls or manipulate heater in any way. Pool heat shall not exceed 86 degrees. Guest understands that the area surrounding pool and spa may not be fenced or secure. Guest understands and agrees to be responsible and liable for any damages that occur to the pool and spa and its support equipment through Guest misuse and/or negligence. The daily pool heat fee of $35 per day if ordered the maximum temp is 86 to prevent algae from forming. Pool heat can take up to 24 hrs. to heat on electric heaters.
31. ACKNOWLEDGEMENT OF RISK, WAIVER AND RELEASE OF LIABILITY
    1. Indemnification By signing this contract, Guest agrees to forever releases, and covenants not-to-sue Owner/Manager, and indemnifies Owner/Manager, from any and all present and future claims, including those resulting from negligence on the part of Owner/Manager or its agents, for property damage, personal injury, or wrongful death, arising from or associated with Guest’s use of the Property, including but not limited to engaging in pool use activities and any activities incidental thereto, wherever, whenever, or however the same may occur. Guest hereby voluntarily waives any and all claims both present and future, resulting from negligence, that may be made by Guest, Guest’s family, estate, heirs, estate or assigns, and Guest relinquishes on behalf of himself/herself, Guest’s spouse, and Guest’s heirs and assigns the right to recover for injury or death.
    2. Guest is aware that swimming and activities incidental thereto are vigorous and can involve severe cardiovascular stress. Guest understands that swimming, other pool activities, and the Property’s bathtub and pool themselves involve and pose certain risks, including but not limited to slipping, drowning, and death. Guest acknowledges that these risks may be heightened for children and non-swimmers. In addition, Guest understands that participation in swimming pool use involves activities incidental thereto, including, but not limited to, the possible reckless conduct of other participants. Guest agrees that all stresses and hazards associated with this activity cannot be foreseen.
    3. Guest will voluntarily use pool and tub facilities with knowledge of the danger involved and hereby agree to personally accept all risks of property damage, personal injury, or death.
    4. Entire contract: Time is of the essence. All prior agreements between Management company and Guest are incorporated in this Agreement, which constitutes the entire contract. It is intended as a final expression of the parties’ agreement and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. The parties further intend that this Agreement constitutes the complete and exclusive statement of its terms, and that no extrinsic evidence whatsoever may be introduced in any judicial or other proceeding, if any, involving this Agreement. Any provision of this Agreement that is held to be invalid shall not affect the validity or enforceability of any other provision in this Agreement. The waiver of any breach shall not be construed as a continuing waiver of the same or any subsequent breach. 
    5. Release: In consideration of the right to visit the home, Guest agrees to release to the fullest extent allowed by law, Owner and its Management, members, officers, associates, employees, agents, representatives, attorneys, assigns, and affiliates (collectively, the Affiliates) from all liability or responsibility of any kind whatsoever for any personal injury, death, property damage or other loss sustained by guest, guest’s minor children, any guest identified on this form, or any guest or person allowed onto the property during guests rental dates as a result of guests children or the guests participation in a visit to the home, due to any cause whatsoever, including without limitation negligence on the part of Owner or Management. Guest understands that this release will bind guests’ heirs, administrators, executors, and any other person or entity seeking to claim under or through guests.
    6. Personal property and injury: (i) Management company/Owner Insurance: Guest personal property, including vehicles, are not insured by Management company/Owner or, if applicable, HOA, against loss or damage due to fire, theft, vandalism, rain, water, criminal or negligent acts of others, or any other cause. Owner/Management does not insure against personal injury to Guest, guests, or licensees due to any reason other than the condition of the Premises. (ii) Guest Insurance: Management recommends that Guest carry or obtain insurance to protect Guest and licensees and their personal property from any loss or damage. (iii) Indemnity and Hold Harmless: Guest agrees to indemnify, defend and hold harmless Owner and Management from all claims, disputes, litigation, judgments, costs and attorney fees resulting from loss, damage or injury to Guest or licensees or their personal property.
    7. Mediation: Guest agrees to mediate any dispute or claim arising out of this Agreement, or any resulting transaction, before resorting to arbitration or court action. Mediation fees, if any, shall be divided equally among the parties involved.
    8. Joint and individual obligations: If there is more than one Guest, each one shall be individually and completely responsible for the performance of all obligations under this Agreement, jointly and individually with every other Guest.
       
        
32. SAFETY RULES AND FEATURES AND DUTY TO CHECK AND REPORT
    1. The Property is equipped with the below safety equipment or features, which the Guest agrees is more than sufficient for safety purposes. Guest agrees to become familiar with and check the safety equipment and features immediately upon arrival. Guest agrees to immediately report to Management Company if any of the safety equipment or features below are inoperable or not functioning perfectly (e.g. missing battery, stuck gate).
    2. Features:
       1. Fire Extinguishers - one on each floor
       2. Fire Alarms - The house is equipped with fire alarms.
    3. Rules (Guest agrees to fully comply with the rules below, while also complying with all safety precautions associated normally with swimming and other tub or pool use activities.)
       1. Children and non-swimmers must be instructed to never enter the backyard pool area, and they must always be barred from that area, unless there is a capable adult actively and directly supervising the pool area.
       2. The outside gate must always be closed to prevent unsupervised children and non-swimmers from entering the pool area.
       3. The door latches must always be used to prevent unsupervised children and non-swimmers from entering the pool area.
       4. The door alarms must not be disabled.
       5. No diving in the pool.
       6. No running around the pool area.
       7. No smoking in the house.
33. GUEST’S INDEMNIFICATION OF OWNER/MANAGEMENT COMPANY AGAINST CLAIMS BY OTHERS
    1. Guest agrees to ensure that all other persons at the Property, upon their arrival, understands the risks above, are familiar with the safety equipment or features above, and knows and follows the rules above, including children to the extent they are able to understand. Guest shall be responsible for ensuring that children comply with the rules above.
    2. Guest shall defend, indemnify, and hold Owner/Management company harmless from and against any and all present and future claims by or on behalf of any person (including persons in Guest’s party that Guest invites or allows onto the Property), arising out of that person’s use or occupancy of the Property, or presence on the Property, including claims resulting from negligence on the part of Owner or its agents for property damage, personal injury, or wrongful death, such as claims related to the Property’s pool and tub and any activities related thereto.
    3. Guest understands that the waivers and indemnifications above are intended to be as broad and inclusive as permitted by the laws of the State of Florida, Guest agrees that if any portion is held invalid, the remainder of the waiver or indemnification will continue in full legal force and effect.
34. LOST ITEMS
    1. Management assumes no responsibility for lost, stolen, or abandoned items. Reasonable effort will be made to contact the Guest for return. There will be a $25.00 handling charge plus shipping costs for any found items returned at Guest’s request. Management shall not be held liable for condition of said items. Any items not claimed for longer than 30 days, may be donated or sold.
35. FORUM
    1. Any dispute or claim arising under, in connection with, or associated with this contract, or related to any matter which is the subject of this contract shall be subject to the exclusive jurisdiction of the state and/or federal courts located in Florida, specifically Fort Lauderdale, Florida.
36. SEVERABILITY
    1. If any provision or portion of a provision of this contract is held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions or portion of provisions shall not in any way be affected or impaired thereby.
37. SECURING RESERVATION
    1. All Reservations are subject to Management and Property Owner approval. Online rates are subject to change without notice. Should there be ANY issues with the reservation, you will be contacted within 48 hours.
38. AIR CONDITIONING/HEATING 
    1. All rentals are equipped with air conditioning. Guest agrees that Air conditioning shall not be set below 72 degrees and heat shall not be set above 78, and that the fan setting shall be “Auto”. Doors and windows shall be closed when either heat or air conditioning is in operation. There are no refunds for lack of, or malfunctioning HVAC units.
    2. Thermostats      This house is equipped with a smart-home thermostat override system that protects our A/C units.  Each door has a sensor that communicates with the thermostat.  If a door is left open for more than 10 minutes, the thermostat’s target temperature will change causing the unit to turn off.  Once the door is closed, the target temperature will be restored to the original temperature. The lowest temperature setting allowed is 70 degrees Fahrenheit.
39. CONDO AND TOWNHOME COMMUNITIES DISCLOSURE
    1. Homes that are located inside a condominium or town home complex are part of a community association. Our company does not manage the community we only manage the inside of the unit you are renting. All maintenance concerns related to the common areas within the community, must be reported to the community manager which is an unrelated company. Please report to us immediately so we can relay the message to them. We do not have the ability or permissions to repair items in common areas managed by another company. No refunds will be given for community issues that are out of our hands.