Rental Agreement

VACATION RENTAL AGREEMENT FOR -

“North Captiva Pearl”

4570 Oyster Shell Dr (the "Property" or "Premises")

NORTH CAPTIVA, FL 33924

Tenant Names as Reserved Directly must be the same names as Occupants arriving at North Captiva Pearl. No Assignment/ Transfer of Rental Weeks to other Occupants shall be accepted.

Tenant Information:

Tenant Name:
Street
Street
City
State
Zip Code
Cell Phone # (Phone with you on trip):
Driver’s license# / State
Tenant Email address

Adults age 18 or over:
# of guests under 12 years of age: Excluding Children under age2
Total number of tenants:

Maximum Occupancy: 6 Adults, or 8 total with Children under 12

	Date	Time
Check in:		3:00 PM
Check out:		10:00 AM
Total # of nights

SUMMARY OF CHARGES (US $)

Rent:	$
Housekeeping:	$500.00
Administrative Fee	$250.00


Subtotal:	0
Reservation/Damages/Security Deposit: (please see item #2 on Page 3)	$1,000.00


Total Due:	$

Payment Summary:

25% Rent Deposit (if reserving within 60 days of check in , full payment is due at time of booking)
Tourism Tax (11.5%)
Total Deposit due with contract:

Remaining Balance due (XX/XX/XXXX):

Property Owner:

Jim Riley

3452 Millington Dr

Saint Charles

Missouri 63301

X_____________________________________________________

TENANT’S SIGNATURE(S)

______________________________

DATE

X_____________________________________________________

Jim Riley (owner)

1. Travel Insurance: We strongly encourage you to purchase travel insurance to protect you against unforeseen circumstances such as trip cancellation and interruption.

2. Reservation/Damage/Security Deposit: In order to secure the reservation, a deposit which is 25% of the total amount due is required. 60 days prior to arrival, the remaining balance plus $1,000.00 Damage/Security deposit is due. (The deposit automatically converts to a damage/security deposit upon arrival. The deposit is NOT applied toward rent.) The $1,000.00 Reservation/ Damage/Security Deposit will be refunded 14 days after departure, subject to any deductions for damage to the house, pool or golf carts, missing items, or excessive cleaning required. “Excessive cleaning” is defined as any required cleaning over 4 hours and includes, but is not limited to, removal of excessive amounts of sand from the house or pool. Tenant agrees to leave the vacation rental in the same condition as on arrival. Tenant is required to keep the rental property clean. Tenant is required to keep the deck(s), driveway(s), yard, and all exterior portions of the Rental Property neat, free of trash (cans/bottles/cigarette buts), and without food debris. All dishes and kitchen equipment must be washed and put away. All spills must be wiped up. All trash must be removed by Tenant and deposited in assigned exterior garbage receptacle. Please compress trash as much as possible in the large black trash bags provided. No linens are to be lost or damaged. ALL Beach/Pool towels should be shaken outdoors to remove excess sand. Bath towels should remain at the Property AT ALL TIMES. *Please Do Not Leave WET towels on flooring. Please do not leave standing water or liquids on flooring. Please shake or rinse shoes & sandals outside/downstairs and leave at doorway. *We have a zero tolerance policy for any smoking inside our home or any pets. No Pets. No Smoking. No smoking (including but not limited to cigarettes, cigars, pipes, or electronic cigarettes of any type) is permitted inside the Property at any time. Any damage caused by smoking or pets, including damage caused by odor, will result in forfeiture of the Security Deposit and/or claims for additional damages. Damages such as stains, rips, marks, broken or missing items, however unintentional, are also grounds for Security Deposit and other claims. Police action and/or code enforcement, housing complaints or renters’ unlawful behavior resulting in summons, tickets, or fines issued to property owner can result in total loss of Security Deposit, immediate eviction and/or claims for additional damages. No pets or animals are allowed on the Property at any time and violation of this policy will result in automatic forfeiture of security deposit.

3. Cancellations: More than 60 days prior to check-in: Full refund. 30-60 days prior to check-in: forfeiture of 50% of the rent. Less than 30 days prior to check-in: forfeiture of 100% of the rent.

4. Occupancy: Occupancy (i.e. number of Tenants staying overnight) is strictly restricted to the number of Tenants that are reserved for (maximum of 8). Children under 2 are not counted. At no time can there be more than a total of 8 people in the house (This includes the decks, patios, pool areas, grounds, and pools). If the rental is at discount for a limited number of guests specified as the occupancy number, then at no time can there be more than a total of 8 that number of people in the house (during the day or staying overnight).

Tenants will be in default of the Vacation Rental Agreement if they have more people in the house than the number they have reserved for or if there are more than 8 people in the house at any time.

NO PETS ALLOWED.

NO SMOKING OR USAGE OF ILLEGAL SUBSTANCES/DRUGS.

NO FIREWORKS OF ANY TYPE ALLOWED.

Violations of any occupancy conditions will be grounds for immediate eviction without refund of rent or deposit.

5. Outdoor Grills: For safety reasons, please do not move grill. Please turn off burners and propane tank under grill immediately after usage. Please do not leave unattended and use extreme caution when operating grills.

6. Rebates or Refunds: There will be no rebates or refunds given for inoperable appliances or faulty equipment, unfavorable weather, early departure, interruption of utilities (e.g.: phone, electric, water, StarLink, Wi-Fi, swimming pool) malfunction, construction in the area, insects inside or outside the home, environmental disasters (such as oil spills), algae blooms (leading to red tide or other consequences), and/or other maintenance problems. The only exception is hurricanes, where rebates will be given for unused nights only when mandatory evacuation is ordered by the Lee County government. Efforts will be made to correct issues which are reported promptly to Owners' property manager, but there are no promises or guarantees about when repairs or corrections can be made.

7. Personal Property: All personal property of the Tenant(s) on the said premises shall be and remain his sole responsibility and risk, and the owner shall not be liable for damages to, or loss of such personal property arising from any acts of negligence of any other persons, nor from the leaking of the roof, or from bursting, leaking, or overflowing of water or sewer pipes, or from heating or plumbing fixtures, or from the handling of electrical wires or fixtures, or from any cause whatsoever, nor shall the owner be liable for any injury to the person of the Tenant(s) or other persons in or about the premises, the Tenant(s) expressly agreeing to save the owner harmless in all such causes and events. Fragile, important, valuable items should always be hand carried by tenant aboard ferry boats, and North Captiva Pearl, Jim Riley, Kale Dudding Property Management. or your Guest Representatives are not responsible for valuables.

8. Locked Closets/Storage Area: Locked areas contain the owners’ personal items. They are not to be opened or tampered with.

9. What is included: Use of bedding, linens, bath towels, beach towels, beach chairs, toilet and facial tissues, soaps (bath, kitchen and laundry), dishwasher tablets, garbage bags, paper towels, and propane for grill.

10. What is not included: Food/beverages/seasonings, transport to and from the airport, and water taxi to and from North Captiva Island.

11. Potential Danger from Elevated Decks: Tenant acknowledges that there are several elevated decks at the Premises, including one unscreened rooftop deck. Tenant agrees to take care and supervise all persons using the decks to avoid anyone climbing on or falling from decks, railings, stairs or any other elevated areas on Premises.

12. Indemnification/Right of Entry/Assignment: The undersigned Tenant hereby releases, agrees to indemnify and hold harmless the property owner, Jim Riley, their agents, heirs, property manager, and caretakers of and from any and all liability, claims, demands, actions and causes of action whatsoever, arising out of or related to any loss, damage, or injury, including death, that may be sustained by the undersigned or any person (including Tenant’s guests), or any property of the undersigned or any person (including Tenant’s guests), as a result of any cause arising out of the use of the house (4570 Oyster Shell Dr). This release shall be binding upon the distributees, heirs, next of kin, executors, administrators and personal representatives of the undersigned or any person (including Tenant’s guests). Tenant agrees owner or their respective representatives may enter the Premises during reasonable business hours to make necessary repairs and maintenance. Tenant shall not assign this Agreement or sublet the Premises in whole or part without written permission of the owner.

13. Release of Owner, Waiver of Liability, and Assumption of all Risks of Bodily Injury Regarding Use of Swimming Pool Located on Owner’s Property: There is a swimming pool (the Pool) located on the Property. Tenant acknowledges warnings of the dangers to Tenant and any children who will be staying at or visiting the Property that could result, especially if any child goes into or around the Pool without adequate supervision of Tenant. Tenant has agreed that Owners are under no duty to supply a lifeguard for the Pool and that Tenant and any children or any guests use the Pool at their own risk. Tenant has assumed the risk of any and all dangers and releases Owners for any injury or loss of life to tenant, guests, and/or Children. Tenant and Owner want to memorialize the assumption of risk and release in writing; Now, therefore, for and in consideration of being allowed to rent Property and use the Pool, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the undersigned Tenant hereby releases Owners, their heirs, successors, and assigns (collectively Releasees) from all liability for any physical injury or death to Tenant, guests and/or children that results, directly or indirectly from the use (accidental or otherwise) of the Pool. Tenant further agrees to indemnify and save and hold Releasees harmless from any loss, liability (accidental or otherwise), attorneys’ fees, damage, or costs that Releasees (or any of them) may incur arising out of or related to the use the Pool by the Tenant, guests and/or children, whether caused by the negligence of the Releasees or otherwise. The Tenant fully understands that the use of the Pool involves risks and dangers of serious bodily injury, including death (Risks), and understands that the use of the Pool and surrounding area will not be supervised by any of Releasees, and Tenant fully accepts and assumes all Risks and all responsibility for losses, costs, and damages Tenant, guests and/or children incur as a result of use the Pool or surrounding area. This Agreement shall be governed by the laws of the State of Florida.

14. Unavailability. If the property becomes unavailable before or during the rental period, Owners will use best efforts to find comparable accommodations at comparable cost.

15. Golf Carts Rental Agreement with Waiver and Release of Personal or Property Damage and Indemnification of Owners for Damage to Golf Cart:

a. Rental of Golf Carts: Tenant hereby rents from Owners as part of Property rented the number of golf carts identified.

Rental of Two (2) Golf Carts is included in the rental price of the house.

b. Term: The term of the rental of the golf carts shall be for the same term as rental of the Property.

c. Rules and Regulations Regarding Golf Cart Usage

- Any individual operating the golf cart must be one of the registered guests in the “North Captiva Pearl” house rental group, be 16 years or over, hold a valid driver’s license and have adequate health insurance coverage.

- Golf cart(s) may not be used in a negligent manner. No racing or towing of objects is permitted.

- The golf cart is to be used only on the road areas. It is never to be used on the beach, off marked roadways, or in the State preserve.

- If the golf cart becomes stuck in the sand do not use the motor to “free” the cart, please contact Kale Dudding Property Management immediately.

- The golf cart needs to be recharged every evening and your departure night by plugging in the cart to the charger located in the golf cart parking area.

- Maximum capacity is four (4) people for a 4-seater golf cart. No exceptions.

- No items are to be placed on the roof. No exceptions.

- Passengers must remain seated at all times while operating the golf cart. Do not stand on the golf cart and/or hang off the roof braces.

- After heavy rainfalls, do not drive the golf cart through standing water since it will short out the power supply and motor (You are responsible for the replacement costs). If you must pass a roadway, please go around the puddles so the undercarriage does not get wet. Please avoid driving the golf cart through any salt water (puddles or tidal surge water) whatsoever. This causes the motor to fail. In the event that engine is submerged in water (tidal or rain) you are responsible for the full replacement costs.

- The golf cart is not designed to endure rough terrain. Go SLOWLY over potholes and ripples in the roads.

- If the cart light becomes inoperative, please be sure to carry a flashlight with you at night, so as to be seen by pedestrians and other drivers.

- If the golf cart becomes inoperable, do not try to make repairs yourself. Please contact Kale Dudding Property Management immediately.

- If anyone is seen driving the golf cart who is under 16 or not part of the “North Captiva Pearl” house rental group, the cart will be immediately confiscated for the remainder of the rental period with no refund of rental funds.

- Underaged/unlicensed occupants may not to operate, steer, or alter the golf cart on any road, easement, or the North Captiva Pearl Property (4570 Oyster Shell Dr) at any time.

- Any and all damages that occur if a golf cart is driven by an underage or unlicensed driver, or anyone not listed on the Rental Agreement, will be the sole and full responsibility and liability of the Tenant.

d. Improper Use: Tenant agrees:

i. that the rented golf carts shall not be used to carry passengers or property in excess of the rated capacity of the golf carts (e.g., 4 or 6 persons);

ii. not to use the golf carts to tow any other golf cart, cart or thing without written permission;

iii. not to use the golf carts in any race or competition;

iv. not to operate the golf carts in a negligent matter;

v. not to operate the golf carts outside the area of use designated in this Agreement;

vi. not to permit the golf carts to be operated by any other person without written permission of Owners; and

vii. not to allow a non-licensed individual to operate the golf carts. NO persons under the age of 16 are allowed to operate the golf carts at any time.

e. Damage or Destruction of Golf Carts: Tenant agrees to pay to Owner all damages to the golf carts caused during the term of this agreement.

f. Expiration of Lease: Tenant agrees to return to Owner the golf carts and all contents in the same or substantially same condition, as when rented, at the expiration of this agreement.

g. Indemnification by Tenant: Tenant agrees to indemnity and hold Owners harmless for any and all damages to property or persons arising out of the use of the golf carts by Tenant, including, but not limited to, all claims, demands, debts, contracts, expenses, causes of action, lawsuits, damages and liabilities, of every kind and nature, whether known or unknown, in law or equity, that Tenant ever has or may have, arising from or in any way related to Tenant use of said golf carts, and Tenant assumes any risk, and takes full responsibility for any claims of personal injury, death or damage to personal property associated with the use by Tenant of the golf carts.

Terms acknowledged and Accepted

X______________________________________________________

TENANT’S SIGNATURE(S)

_____________________________

DATE

Information Regarding the Reservation/Damage/Security Deposit

As required by the "Florida Landlord Tenant Act," this is to inform you of the following with regards to the "Reservation/ Damage/Security/Deposit " of $1,000.00:

1. The funds are being held at the following bank and location:

LMCU

Fort Myers, FL

2. The funds are being held in a separate account (non-interest bearing) for the benefit of the Tenant.

3. Upon the vacating of the premises for termination of the lease, if the owner does not intend to impose a claim on the Security Deposit, the owner shall have 15 days to return the Security Deposit, or the owner shall have 30 days to give the Tenant written notice by certified mail to the Tenant's last known mailing address of his or her intention to impose a claim on the deposit and the reason for imposing the claim. If the Owner fails to give the required notice within the 30-day period, Owner forfeits the right to impose a claim upon the Security Deposit.

4. Unless the Tenant objects to the imposition of the Owner's claim or the amount thereof within 15 days after receipt of the Owner's notice of intention to impose a claim, the Owner may then deduct the amount of his or her claim and shall remit the balance of the deposit of the Tenant within 30 days after the date of the notice of intention to impose a claim for damages.

5. If either party institutes an action in a court of competent jurisdiction to adjudicate the party's right to the security deposit, the prevailing party is entitled to receive his or her court costs plus a reasonable fee for his or her attorney.

This is to acknowledge that I have been made aware of the above requirements of the “Florida Landlord Tenant Act.”

Acknowledged and Accepted

X________________________________________________________

TENANT’S SIGNATURE(S)

_____________________________

DATE