1. REPRESENTATION: Tenant(s) understand and agree that Broker, its associates are the representatives of Owner(s) and will be compensated by the Owner. Tenant(s) agree and acknowledge that neither Broker, its employees nor associates are engaged as agents or representatives of Tenant(s). Broker's duties to Tenant(s) are those of a No Brokerage Relationship as set forth in Chapter 475.278(4), Florida Statutes. 2. CHECK-IN: Check-in time is any time after 3:00 p.m. Upon arrival, you may pick up your keys at the business office address listed on the reservation form during normal business hours. If you plan to arrive after business hours, or on the weekend, please contact your leasing associate for special key pickup instructions. 3. CHECK-OUT: Check-out time is any time before 10:00 a.m. Tenant shall be liable for any damages including, but not limited to, lost rents, as a result of late check-out. Please return all keys and openers to the lease associates office address. 4. PAYMENT: All rents and other payments are due 30 days prior to check-in date in the form of a check, cashier's check, money order or travelers check. All funds must be drawn on a U.S. Bank. For wire transfer, please allow 10 days - consult with Broker for wire transfer instructions. Receipt and clearance of all moneys due shall be required before keys and possession of the unit is provided to Tenant(s). For your convenience, we accept credit card payments via our online payment system. There is a convenience fee of 3% required at the time of payment. Contact your leasing associate for more information regards online payments. 5. OCCUPANTS: Only those occupants named in this agreement as Tenant(s) shall occupy the unit unless written consent of Owner is obtained. 6. ASSOCIATION RULES AND REGULATIONS: Anyone occupying a unit governed by a homeowners or condominium association shall abide by all association rules and regulations. Tenant(s) shall not be permitted to take occupancy unless Tenant(s) have obtained all required association approvals. Tenant(s) shall have sole responsibility for making application to the association and shall do so within the time frame required by association. Tenant(s) agree to comply with all association requests for information and agrees to indemnify Owner, Broker and Broker's representatives for any and all claims or damages in any way arising from or relating to Tenant(s)' failure to comply with Association rules, regulations and requests for information. 7. ACCOMMODATIONS: Due to circumstances beyond the control of Broker, if your designated unit is not available for any reason, Broker will use its best efforts to locate a comparable substitute unit. In the event a substitute unit is not available, Tenant agrees to hold Broker, its agents and representatives harmless for any damages, costs or inconvenience suffered, including any damages or costs resulting from Broker's negligence. 8. PETS: Pets are not permitted in the unit. Any exception to this rule must be in writing and signed by Owner. In the event of an exception, Tenant(s) agree to execute a Pet Addendum to this Seasonal Reservation and Lease Agreement and Owner may charge a non-refundable pet fee and/or a refundable pet deposit. Non-refundable pet fees are subject to sales and tourism tax. 9. SMOKING: Smoking is strictly prohibited in the unit and any balconies or patios adjacent to the unit unless specific written permission is given in the special stipulations clause in this Agreement. 10. SEASONAL CLEANING /DAMAGE/ UTILITY DEPOSIT: This Deposit is required with all reservations and shall not be applied to the rent. Owner may apply deposit to electric, telephone, cleaning charges, taxes and damages as applicable. Deposit balances will be refunded after Owner receives final utility bills and cleaning bills. Any damages caused by Tenant will be deducted from the Deposit but not necessarily limited to the amount of the deposit. Tenant agrees to submit payment for long distance, and all utility and premium charges as they are submitted to Tenant during the term of the tenancy. Any balance of utilities left after check-out will be deducted from the deposit and if any additional sums are due over and above the amount of the deposit, Tenant agrees to send payment on demand from Broker or Owner. The deposit balance, if any, may take up to 60 days or more to refund due to time necessary for Owners to receive utility bills. Tenant and Owner agree that the seasonal cleaning/damage/utility deposit is not to be treated as a security deposit under Florida law and waive all rights and claims (including, but not limited to notice requirements and causes of action) security or other deposits as set forth in Chapter 83, Florida Statutes. 11. CANCELLATION TERMS: Tenant(s) may cancel this agreement and pay a $150 cancellation fee, which fee shall be paid to and retained by Broker by providing Broker with such cancellation fee and written notice by certified mail at least 90 days prior to check-in date. If Tenant(s) cancel this agreement less than 90 days prior to the check-in date, Tenant(s) shall be obligated to pay all rents, fees, and other payments specified in this agreement other than the deposit. Owner or Broker shall not be responsible for any costs Tenant(s) may incur for travel or other arrangements in the event of cancellation by Owner or Tenant. Broker recommends that TENANT(S) obtain travel insurance. 12. MISCELLANEOUS CHARGES: Tenant shall be assessed Locksmith charges and Association charges, if any, for each key, pass or pool tag lost or not returned to Broker or Owner upon check-out date. Such charges will be deducted from the Deposit. Tenant agrees to pay Broker $50.00 to provide access to the unit in the event of a lock out. 13. CLEANING CHARGES: Tenant agrees to pay the housekeeping charges - (charges vary with size of property and costs will be assessed by Broker and/or Owner, in its sole discretion). Tenant(s) authorizes Broker and/or Owner to deduct all cleaning and housekeeping charges from the deposit. If Owner determines, in its sole discretion, that excessive dirt, furniture stains, carpet stains or other damage is present, additional charges will be assessed and deducted from the deposit. In the event damages exceed the amount of the deposit, Tenant shall be liable for any additional amounts. In the event of a dispute between Owner and Tenant regarding charges deducted from the deposit by Owner or Broker, Tenant and Owner shall look solely to each other for resolution of such dispute and agree to indemnify and hold Broker and its representatives harmless from any such claims or actions. 14. MAINTENANCE: Owner shall be responsible for structural repairs and repairs to existing plumbing, electrical, phone wiring, appliances, air conditioning and heating systems not caused by Tenant(s)' misuse or neglect and Owner's responsibility shall be limited to the repair. Owner shall not be responsible to Tenant(s) for incidental or consequential damages. Tenant(s) may not make any structural or decorative changes to the unit and Owner is not responsible for making decorative improvements at Tenant's request. Broker will order repairs in a timely manner once notification is given by Tenant, but Broker has no control over the scheduling availability of vendors. Any work performed by the condo or homeowner's association in the unit or buildings, grounds or common amenities is not reason for refund or cancellation of this Seasonal Reservation and Lease Agreement. Tenant agrees that Broker shall not be liable for any losses or damages, including incidental or consequential damages, including those caused by Owner's or Broker's failure to perform repairs and maintain the unit. Tenant and Owner agree to hold Broker and its representatives harmless from any and all claims or losses that in any way arise out of, or relate to, Broker's election or use of any third party vendor to make repairs to the unit. 15. RADON GAS: Radon Gas 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 county public health unit. Broker makes no representations about the existence of radon gas on the subject Premises. 16. HAZARDOUS MATERIAL: It is unknown if there are hazardous materials present that affect the premises. Broker does not have the technical expertise to advise you of their significance or to ascertain whether or not they are present. Hazardous substances in the home can include, but are not limited to, cleaning chemicals, paint, lawn and garden chemicals and a variety of indoor air pollutants that can accumulate in improperly ventilated buildings. Hazardous substances outside the home include those found in contaminated land, water, landfills and other disposal sites, and industrial air and water emissions. Some of the more common hazardous substances are asbestos, ground water contamination; lead base paint, urea formaldehyde, foam insulation (UFFI) and radon gas. Generally, additional information pertaining to those substances is available from the U.S. Environmental Protection Agency of the Florida Department of Health and Rehabilitation Services. Any property built prior to 1978 may contain a lead paint hazard and for such properties, Tenant(s) acknowledges receipt and review of the required Lead Based paint Disclosure, which is incorporated herein as may be required by law. 17. MOLD DISCLOSURE: Environmental conditions in Florida can be conducive for mold growth. Tenant(s) should pay particular attention to visual signs of the presence of mold or mildew odors in the unit during any pre-tenancy screening of the Property and should immediately notify the Owner and Broker in writing of any such visual signs. 18. ASSIGNMENT: Tenant(s) shall not assign this agreement or sublet the premises or any part thereof without the prior written consent of Owner. Any unauthorized transfer of interest by the Tenant(s) shall be a material breach of this agreement. 19. INDEMNIFICATION: Tenant agrees to indemnify and hold harmless Owner and Broker and their representatives and employees from claims, suits or damages of any kind (including damages for personal injuries), in any way arising out of or related to any acts or omissions of Tenant(s) or Tenant(s)' guests or invitees. Tenant(s) agree to indemnify and hold Broker and its employees and representatives harmless from damages and losses of any kind (including damages for personal injuries) arising our of or relating to Tenant's occupancy of the Property, including damages and losses arising from Broker's negligence. 20. RISK OF LOSS: Personal property of Tenant(s) and Tenant(s)' invitees shall be in the unit at the sole risk of Tenant(s). Broker recommends that Tenant(s) obtain renters and any other form of appropriate insurance to protect Tenant(s)' personal property and the unit. Broker and Owner shall not be liable for any damage caused to Tenant(s)' or any invitee's personal property arising from fire, acts of God, criminal acts, acts of Owner's or Broker's negligence or bursting or leaking water pipes. 21. GOVERNING LAW, VENUE AND WAIVER OF JURY TIAL: Florida law shall govern any dispute arising out of or in any way relating to Tenant(s)' rental of the unit or the relationship between Tenant(s), Owner and Broker. Venue for any litigation or other proceeding involving Broker, its employees or its representatives shall be exclusively in the state courts of Broward County, Florida, with Owner, Tenant(s) and Broker waiving any claims or defenses based on inconvenient forum. ALL PARTIES TO THIS AGREEMENT KNOWINGLY AND VOLUNTARILY AGREE TO WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LITIGATION. 22. TIME IS OF THE ESSENCE: Time is of the essence with respect to all time periods contained in this agreement.
