Islamorada Home Rentalsals Rental Agreement
This Agreement applies to the Guest's stay at Rental Property from the Arrival Date through and including the Departure Date {BDEP}, as well as any other dates which may be included if the reservation is changed.
This Agreement applies to the Guest and all of the Guest’s invitees and guests (the “Guest Party”), regardless of age or affiliation. The Guest acknowledges that the Guest is responsible for sharing this Agreement and its requirements with all members of the Guest Party and anyone else permitted onto the Rental Property by any member of the Guest Party.
In consideration of the rent received and the mutual promises contained herein, the Owner of the Rental Property does hereby lease and rent to the Guest the Rental Property under the following terms and conditions:
General Rules. The Guest agrees to abide by all rules and regulations contained herein or posted on the premises related to the Rental Property. The Guest's obligations include but are not limited to keeping the Rental Property as clean and safe as the conditions permit and causing no unsafe or unsanitary conditions in the Rental Property and any common and surrounding area.
Guest Party. The Guest shall declare the number of members in the Guest Party at the time of the booking, with a maximum of 8. In no event shall the inside of the Rental Property be occupied by more persons than the capacity of the Rental Property as stated on the website or the confirmation letter without prior approval by the Owner. The Guest must inform the Owner of the Guest’s intention to bring children and the specific number. A child is defined as any person under the age of 18.
Prohibited Uses. Pool use is solely for Guest use and not for any individuals not residing upon the Rental Property. No fraternities, school, civic, or other non-family groups are allowed unless the Owner grants prior written approval. The Guest agrees not to use the Rental Property for any commercial activities or purpose that violates any criminal law or governmental regulation. In no event shall the Guest assign or sublet the Rental Property in whole or in part. Violations of these rules are grounds for expedited eviction with no refund.
Entry by Owner. The Guest hereby acknowledges and grants express permission to the Owner to enter the Rental Property at any time for inspection purposes should the Owner reasonably believe that the Guest is causing or has caused any damage to or is violating a material term of the Rental Property. The Guest further grants the Owner access to the Rental Property for maintenance and repair purposes. If listed "For Sale", the Guest agrees to grant access by scheduled appointment with prior notification.
Payment. The Guest shall remit payment of {BFPAMT} to the Owner at the time of the booking and pay any remaining balance at least 90 days before the arrival date. The Owner shall schedule an automatic payment for any balance owed using the same credit card used for the initial payment unless the Guest designates otherwise. If the automatic payment fails for any reason, it is the Guest’s responsibility to pay the remaining balance promptly and in full, or the reservation will be canceled with no refund of payments made. All policies contained in this Agreement shall apply equally to payments made by credit card, check, or cash and whether made via the website, by phone, or in person. Any refunds due to the Guest from a credit card payment will be refunded by credit card transaction; all other refunds will be made within 30 days by check. By signing this rental agreement, you agree to waive the right to a credit card chargeback to dispute services.
Security Deposit. The Guest shall remit a security deposit ("Security Deposit") in the amount of {BSDAMT}, which will be automatically charged by placing a hold or charge on the Guest's credit card on the day before the arrival date. The credit card of the last successful payment will be used. If there are no successful credit card payments, the Guest must send payment by check to the Owner in the amount of the Security Deposit. If the Rental Property is returned undamaged beyond normal wear and tear at the end of the rental period, the Security Deposit will be released in full within seven (7) business days. In the event of any damages, the Owner will provide the Guest with a full accounting of expenses incurred and deductions made from the Security Deposit. Should the damages exceed the amount of the Security Deposit, the Guest shall pay the balance within seven (7) business days after receiving notification. Deductions from the Security Deposit may include, but are not limited to: excess cleaning fee, hot tub draining and refilling fee, trash removal fee, missing item replacement costs, damaged item replacement or repair costs, repair costs of buildings or grounds, and other service call fees. The Owner is under no obligation to use the least expensive means of restoration.
Charging Identity. All booking charges will be reflected as VRBOutstanding/Sheldor, LLC on the Guest's credit card statement. All check payments are to be made to Sheldor, LLC P.O. Box 4044 North Myrtle Beach, SC 29597.
Dogs. The Guest must obtain permission from the Owner to have pets (dogs only) on the Rental Property. If the Owner refuses permission, any pet(s) found in or about the Rental Property are grounds for expedited eviction, forfeiture of all monies paid, and costs for any repairs and cleaning required. The Guest must pay a non-refundable deposit of $350 for up to 2 dogs, each under 50 pounds, and an additional refundable deposit of $350 for additional dogs and dogs over 50 pounds.
Hot Tubs and Pools. If a hot tub or pool is provided at the Rental Property, it will be prepared and tested for proper and safe chemicals before or on the day of occupancy. Misuse of a hot tub or pool by the spilling of foreign substances into the pool, i.e., food, soap, shampoo, oils, glass, or metal, will result in a Service Call Charge at the Owner's sole discretion. Under no circumstances are pets allowed in pools or hot tubs. Adults or babies with "swim diapers" CANNOT use the pool. Anyone without bowel or bladder control contaminating the pool will pay the cost of decontamination, including complete drainage, cleaning, and refill. Violation of this provision shall be grounds for expedited eviction and forfeiture of all monies paid. Pool heat is optional if requested and billed at $300 per week. The pool is a NO GLASS AREA. Broken glass in the pool may result in a $3500 penalty to mitigate properly.
Telephone Service. Telephones in the Rental Property may be blocked to allow US calls only. The Owner may choose at the Owner's sole discretion to allow some international telephone calls for free. If the Owner has not listed that as a feature of the Rental Property on the website, confirmation letter, or marketing material, the Guest must assume that international telephone calls are not allowed.
Linens. If linens or towels are rented from the Owner or supplied with Rental Property, the Guest is responsible for lost or damaged items at the cost of two (2) times the published standard rental price for such damaged or lost linens or towels. A starter set of paper towels and toilet paper is provided, and the guest is responsible for replenishment.
Events. Parties of any type are NOT allowed unless the owner allows so in writing prior to the event. This is a GLASS-FREE event space. Photos may be taken and used for promotional purposes.
Sewer Lines. Sewers at the beach are not like those at home. Only toilet paper may be flushed. No feminine products may be flushed. No food products should be flushed or washed down the drain. The Guest shall pay the amounts due for clogging sewage lines.
Recreational Activities. The Guest is furnished with life preservers to operate a kayak or paddleboard. If the vest does not fit, the Guest should procure one. All water equipment should be operated safely and by those who can swim. Proper footwear should be worn as well. Upon departure, the Guest should return all items to their original locations. If a golf cart is furnished for the Guest’s use. Only those over 16 AND possessing a valid driver's license are allowed to operate golf carts. The Guest is responsible for use of golf carts, which may not be operated between dusk and dawn. No more than 4 guests per cart are allowed. Carts should be left charging upon departure. Helmets are not supplied for bicycle use. The Guest must be sure to comply with all riding laws. Locks are supplied to prevent theft. The Guest is responsible for losing, damaging, and stealing all recreational equipment.
Noise Restrictions. The local noise ordinance prohibits loud or excessive noise from 10 pm - 8 am on weekdays and 11 pm - 9 am on weekends. Guests are not allowed to turn off sprinklers or disable electronics. If anything needs to be suspended, please contact management so we can disable it remotely. The city of Islamorada has a STRICT no fireworks policy; violation will result in reimbursement of any penalties subjected by the city and removal from property.
NO SMOKING. There is no smoking inside or outside of the Rental Property, and ashtrays are not provided. At Heart of Morada, smoking on the balcony or pool area is prohibited. If any smoking or vaping occurs INSIDE of the Rental Property or in a manner to infiltrate the inside of the Rental Property, the Guest will be charged a fee of $1500. Multiple discarded cigarette butts on the grounds will result in a $250 cleaning fee. Not cleaning up after your dog will incur a $150 cleaning fee. FIRES ON THE BEACH ARE STRICTLY PROHIBITED PER CITY ORDINANCE.
Lock Doors and Windows. The Guest must lock all doors and close all windows upon departure.
Lost and Found. The Guest is responsible for all shipping costs for any Lost and Found items the Owner requests to return to the Guest. Items found and not claimed within 30 days will be disposed of at the Owner's discretion.
Unavailability of Rental Property. If the Owner is unable to make the Rental Property available solely due to lack of habitability of the Rental Property before the Guest takes possession or improper act of the Owner, the Guest agrees that the Owner's sole liability as a result of this unavailability is to provide a full refund of all monies paid under this Agreement, and the Guest expressly acknowledges that in no event shall the Owner be held liable for any special or consequential damages which result from this unavailability.
Termination by Guest. The Guest may terminate this Agreement at any time. No global, regional, or local condition, illness, or contagion is the basis for the termination of this Agreement. If the Guest is concerned about travel plans due to any medical condition or global, regional, or local predisposition to any type of illness, the Guest should consider purchasing optional travel insurance. Regardless of the reason for such termination, all Payments, Travel Insurance, Damage Protection, processing, and administrative fees are non-refundable. No refund will be given for any reason. If the Guest terminates the reservation before taking possession, the Security Deposit will be refunded. If the Guest terminates the reservation after taking possession, then the Owner will follow its standard policies and procedures herein to refund the Security Deposit.
Indemnification by Guest - Generally. The Guest agrees to indemnify the Owner from and against liability for injury to the Guest, the Guest Party, and any other person visiting or occupying the Rental Property resulting from any cause whatsoever including, but not limited to, injury sustained as a result of use of the phone, spa, hot tub, sauna, whirlpool tub, pool, exercise equipment, elevator, deck, balcony, etc., excepting only personal injury caused by the gross negligence or intentional acts of the Owner. Guest agrees that they will not disparage the Company or any of its officers, directors, or employees.
Indemnification by Guest – Recreational Activities. The Rental Property may offer access to recreational and water activities, including but not limited to canoes, bicycles, and swimming. The Guest fully understands and acknowledges that outdoor recreation and water activities have inherent risks, dangers, and hazards. Participation in such activities and/or use of equipment may result in injury or illness, including but not limited to bodily injury, disease, strains, fractures, partial and/or total paralysis, death, or other ailments that could cause serious disability. The Guest agrees to fully indemnify and hold harmless the Owner and all of the Owner’s owners, agents, employees, and contractors for any injury or damage caused to any member of the Guest Party during the course of these activities, whether caused by the negligence of the Owner, the negligence of the participants, the negligence of others, accidents, breaches of contract, forces of nature, or other causes foreseeable or unforeseeable. The Guest hereby assumes all risks and dangers and all responsibility for any losses and/or damages, whether caused in whole or in part by the negligence or other conduct of the Owner or by any other person. The Guest does hereby voluntarily agree to release, waive, discharge, hold harmless, defend, and indemnify the Owner and any and all of the Owner’s owners, agents, employees, and contractors from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, loss of services or otherwise which may arise out of use of the Rental Property facilities, equipment, and activities by the Guest Party. The Guest further assumes full responsibility for the actions of all persons whom the Guest may allow to enter the Rental Property during the rental period and indemnifies the Owner from any and all claims arising from such other persons.
Termination by Owner. The Owner may terminate this Agreement upon the breach of any of the terms hereof by the Guest Party. The Guest's breach of any duty contained in this paragraph shall be considered material and shall result in the termination of the Guest’s occupancy with no refund of any kind. The Guest shall not be entitled to the return of any amounts paid hereunder (except the Security Deposit, in accordance with the terms hereof) and shall vacate the Property immediately.
No Refunds. No refunds will be provided due to inoperable appliances, pools, hot tubs, elevators, etc. The Owner will make every reasonable effort to ensure that such appliances will be and remain in good working order. No refunds will be given due to power blackouts, water shortage, flooding, snow, construction at adjacent properties, or mandatory evacuations of the area by government officials due to hurricanes or other potentially dangerous situations arising from acts of God or nature (except the Security Deposit, in accordance with the terms hereof).
Cameras. Cameras are only on the exterior of the Rental Property, none are inside. These are not monitored and are strictly recorded for playback use in the case of any incident that may occur.
Governing Law. This Agreement shall be enforced under the laws of the state within which the Rental Property is located, including any applicable rental acts of that state, and represents the entire Agreement between the parties. Any amendments must be in writing and signed by all parties hereto. In the event of a dispute, legal action may only be instituted in the county within which the Rental Property is located. If any part of this Agreement shall be deemed unenforceable by law, that part shall be omitted from this Agreement without affecting the remaining provisions of this Agreement.
The trailer and PWC (jet skis) on the property are not for guest use.
Arbitration clause: Any dispute, controversy, or claim arising out of or relating to this agreement, or the breach, termination, or validity thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall be conducted in Monroe County, Florida, unless the parties agree in writing to a different location. The arbitration shall be conducted by a single arbitrator if the parties are unable to agree on the selection of an arbitrator within 60 days of the initiation of arbitration. Each party shall bear its own costs and expenses, including attorney's fees, associated with the arbitration proceedings.
This arbitration clause shall not prevent either party from seeking injunctive relief in a court of competent jurisdiction for disputes related to intellectual property rights or confidentiality.
This agreement to arbitrate does not waive or modify the ability of either party to obtain provisional remedies (such as a temporary restraining order or preliminary injunction) in a court of competent jurisdiction.
The arbitration proceedings and all related documents and information shall be confidential, except to the extent necessary to enforce or challenge the arbitration award, or as otherwise required by law.
NOW THEREFORE, for and in consideration of the mutual premises and covenants herein set forth and other good and valuable consideration, the Guest, intending to be legally bound, if an individual, then individually, and if more than one individual, each such Guest collectively, does hereby agree as follows:
I understand the rules and conditions upon which I agree to rent accommodations, equipment, and use of the Rental Property. I acknowledge and accept that the sole responsibility for safety lies with me. I further acknowledge that outdoor activities and exposure to the natural elements and animals can be dangerous and sometimes result in injury and even death. Steps, docks, balconies, and decks can be slippery; animals and insects can threaten and infect or injure; exposure to the elements can cause hypothermia and sunburn; and other risks are inherent in camping, outdoor, and water activities. I know that alcohol and/or drugs are not safe with any outdoor activity.
I am over the age of {PMINAGE} and assume responsibility for those in my charge under the age of {PMINAGE} and for the members of my Guest Party. I hereby assume all legal responsibility for bodily injury to me or to any person on the Rental Property as a result of my use, operation, and possession of the Rental Property and equipment hired by or loaned to me. Acknowledging this, I accept complete responsibility for the minor children and other members of my Guest Party and engage in activities and events at my own risk.
I will abide by the rules and accept these rental conditions:
I will return the Rental Property in the same condition in which it was rented, and I am responsible for all damage and/or loss that occurs during my rental period.
I agree to hold harmless and to indemnify the Owner of the Rental Property against all loss, damage, expense, and penalty on account of personal injury and property damage to the Guest, members of the Guest Party, and any others in the charge of the undersigned, howsoever arising, whether by act or acts or failure to act of the Owner, and its owners, employees, and agents.
I acknowledge receipt of the Rental Property in good order and condition (if found otherwise per my arrival, I will contact the Owner immediately) and further agree that the Owner of the Rental Property shall not be liable for consequential damages of any kind or nature from whatever cause arising, whether property or equipment is loaned or rented.
I enter into this Agreement freely with the Owner of the Rental Property at my own risk, acknowledging the risks inherent in indoor and outdoor activities, and assume any and all responsibility for the Guest Party and all minor children and in my charge.
I agree to and will comply with Federal, State, and County pollution laws and any other applicable laws and regulations.