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Short Term Vacation Lease Agreement

Lease Agreement
This Vacation Rental Short-Term Lease Agreement (this Lease Agreement) is a legal contract between the undersigned person(s), you-the Renter (also referred to as “Renters” and “Guests”), and Villa Ocala LLC, a Florida Limited Liability Company, (also referred to as “Villa Ocala LLC” and the “Owner”.)  Raymond Rogers is the Sole Agent and Manager of Villa Ocala LLC.  When and How Concierge Services is the Local Manager (also referred to as Local Contact).  The Vacation Property is located at 3150 Ocala Rd Venice, Florida 34293 (the Vacation Property is also referred to as ”Vacation Property” and “Villa Ocala”).  This occupancy will be in the form of a Vacation Rental only and not constitute a permanent or primary residence or other tenancy.  Owner reserves the right to refuse service to anyone.
TERMS AND CONDITIONS
1.	ACCEPTANCE: This Vacation Rental Lease Agreement (also referred to as Lease Agreement), is subject to the approval and written acceptance of the Owner.  Please read this Vacation Rental Lease Agreement thoroughly.  Any money received by Owner for occupancy of Vacation Property indicates the acceptance of ALL of the terms and conditions of this Vacation Rental Lease Agreement.  It is the responsibility of the Renter(s) to be familiar with all policies within this Lease Agreement and is wholly responsible that ALL Guests and Visitors abide by all of the Terms and Conditions.
2.	RESERVATION DEPOSIT:  Upon your receiving your Acceptance of Reservation by email you will have 2 days to sign and return the Lease Agreement and make a Reservation Deposit  down payment of 50% of the Total Rental Cost.  Your Acceptance of Reservation email will also contain a link for payment by Paypal or Credit Card.  You waive all rights to bank account interest that may accrue on your Security Deposit.  A fee of $25 will be charged for returned checks on any amount due.
3.	CONFIRMATION:  Confirmation of your reservation will be emailed to you after your Reservation Deposit and signed Lease Agreement is received.  Please read the confirmation for accuracy of dates, mailing address, number of adults and/or children and guests.  You must notify Villa Ocala LLC of any errors within one business day.
4.	PAYMENT IN FULL:  Payment in full is due not less than thirty (30) days prior to the scheduled arrival date and any balance due will be automatically charged to the credit card unless a cancellation notice is given by Renter prior to 30 days of the reservation date.  If Tenant fails to timely pay all monies due, the Owner reserves the right to terminate this Lease Agreement without notice to Renter.
5.	RENTER AGE:  The Renter must be at least 27 years of age to book this Vacation Rental.     
6.	CREDIT CARD REQUIRED: Renters are required to provide a copy of a valid drivers license and/or a federal-state ID and a copy of a valid credit card to keep on file to pay for rental balances, miscellaneous charges and damages, should they occur.  Renters acknowledge and give full consent to the Owner who may perform a tenant background and/or credit check at his sole discretion without further notice to Renter.  
7.	SECURITY DEPOSIT:  The Security Deposit will be detailed on the Booking Details section of the checkout web page and shall be refunded within 15 days of your departure date provided no deductions are made due to A) damage, loss or breakage to property or furnishings, B) dirt or other mess requiring excessive cleaning, C) any other costs incurred by the Owner as a result of your stay, D) any upgrades or extras including but not limited to pay-per-view, pool heating, or concierge services.
8.	CLEANING:  A cleaning charge is included in your Total Rental Cost.  On departure leave all used beds stripped and unmade.  The last day's towels are to be left in the bathrooms.  All dinnerware, pots, pans, glasses should be cleaned and the dishwasher empty.  Floors should be broom swept clean, (central vac in queen bedrm closet does a fast efficient job).  Please discard used food from the cabinets and refrigerator.  Trash should be removed from the home and placed in the large trach barrel in the garage.  If Wed or Thru take trash barrel out to the curb for pickup.  Removing, adding or changing furniture without Owner’s written approval shall be deemed a material breach of this Rental Agreement, and is strictly prohibited.  Renter will be charged for excessive linens, unwashed dishes and any excessive cleaning from the Security Deposit.    
9.	OUTDOOR BARBEQUE GRILL:  An outdoor grill is provided with propane.  Extra full tanks are available on the property.  If you run out please call the owner or local manager and access to spare tank will be provided.  Please make sure the side burner is turned off if you are not using it and before your checkout.  The grill will be cleaned after the previous renters and re-lined with NEW Aluminum foil in the bottom and in the grease drip pan.  As part of your clean-up before checkout please take a trash bag outside and remove the greasy aluminum foil lining from the bottom and from the drip pan and discard in the trash bag.  Please be careful that you do not drip grease on the lanai deck.  We will take it from there and re-line the grill with new aluminum foil.  This way each guest gets to start with a clean grill and is responsible for removing their own grease before the next renter.  Left over grease in the grill will attract wildlife like coyotes or bobcats looking for a quick meal, especially if no one is home.  We will deduct $25 from your Security Deposit if we have to have House Cleaning remove the greasy linings.  Thank-You.
10.	DAMAGE:  Damage to the Vacation Rental must be reported to the Owner and/or the Local Manager before check-out.  Damage not covered by, or exceeding the coverage limit of, the accidental rental damage insurance or Security Deposit, is your full responsibility.  Loss and damage will be charged the Full Replacement Cost.  You expressly grant the Owner the right to charge the credit card number on file used to book the Vacation Rental for any such damages, including, but not limited to, additional cleaning fees for smoking and pets. To ensure that the proper party is held responsible, please notify your  Local Manager of any damages found at check-in.  Both the Local Manager and the Cleaning Service make complete inventory/property inspections before and after each Renter checks-in/out.
11.	FALSIFIED BOOKINGS:  If your booking was made under false pretense, including, but not limited to, a falsified name, age or size of party, you will be subject to immediate eviction and forfeiture of all amounts paid.
12.	FEES & ADDITIONAL SERVICES:  The Owner is required to disclose all mandatory booking-related fees in the Vacation Rental listing.  In some cases, however, the Owner may have optional fees and services (e.g., to heat a swimming pool in the winter, concierge services).  Should you opt into any of these services and related fees the Owner will provide payment details.
13.	MAXIMUM OCCUPANCY:  The maximum number of people that may occupy the Vacation Rental is six (6). This rule applies to adults and children as well.  Four (4) additional day “Visitors” are permitted but must be listed on the Reservation Request Form.  Unless otherwise approved by your Local Manager or Owner, occupancy over the indicated capacity may result in eviction and forfeiture of ALL amounts paid. The Local Manager is not authorized to make exceptions to these terms.  
14.	VISITORS:  A “Visitor” is an occupant in the rental property that is not staying overnight.  The total number of persons permitted in the rental property including Visitors is ten (10).  Any occupancy for daily use in excess of the maximum is a violation of this Lease  Agreement.  The Renter is solely responsible that ANY Visitor of ANY Guest abides by ALL of the Terms of this Lease  Agreement.  Any violation of any provision by any Visitor or Guest will be considered the same as if the Renter violated it himself.
15.	CHILDREN:  Our policy is that anyone under the age of 21 is considered a minor/child and MUST be accompanied by a parent.  
16.	SUBLETTING:  Subletting the Vacation Property is not permissible and the Renter is not allowed to disclose the Door Lock Combinations to the Vacation Rental to any other party that is not included on this Lease Agreement.
17.	HOLDING OVER:  Because of the nature of Owner’s business (short term winter and summer recreational rentals) Guest understands, and is hereby put on notice that any unauthorized “holding over” of the property past the stated rental period could severely jeopardize Owner’s business and cause loss of rental income from other previously booked guests, temporary and/or permanent loss of business, goodwill and reputation and, among other things, could force Owner to breach a Lease Agreement with similar short term summer and winter recreational Guest(s) who may have reservations during Guest’s unauthorized “holding over” period.  In the event, Owner may be legally liable in damages to said other guests.  Guests should be aware that unauthorized “holding over” has been construed as a factor in establishing “malicious continuing occupation” of rental property, which may entitle Owner to treble damages in any unlawful detained action.  Guest also recognizes the unauthorized “holding over” could be grounds in court as a cause of action for intentionally interfering with Owner’s prospective business advantage.  In addition, we will charge $100.00 an hour past 11:30 a.m. on day of check out.
18.	USE OF SECURITY CAMERAS:  Renters understand and accept that the property is protected with 3 active, outside security cameras.  These cameras are used to protect the property from potential break-ins and theft, and to allow the Owner to inspect the outside grounds for maintenance and landscaping issues.  There are NO cameras inside the house or positioned to view any part of the lanai, swimming pool or pool cage.  The location of these cameras also prevents any of them from viewing thru any window on the property.
19.	QUIET TIME:  Quiet time is 9PM.  Renters understand that this is a quiet family neighborhood with many who go to bed early and get up early to go to work.  Renters, Guests, and their Visitors agree to respect the privacy and quiet serenity of the neighborhood especially in the evening and night hours.  Any complaints from neighbors to the Owner or Local Manager will be taken very seriously.
20.	NO PARTIES/EVENTS:  This is not a wild party house.  Excessive drinking, loud music or noise, Wedding / prom parties, fraternity or sorority parties, graduation parties and the like are not allowed at any time.  Adults cannot rent property on behalf of underage guests, no exceptions.  Honeymooners are certainly welcomed.
21.	NON-SMOKING:  This is a 100% NON SMOKING vacation property inside, outside, and anywhere on the property.   Any type of Evidence of Smoking, such as the smell of cigarette, cigar, pipe, vaping, marijuana/medical marijuana or ANY other smoke inside or outside the home that is noted by the cleaning crew or Local Manager is sufficient basis to charge the renter for smoke cleanup and removal from carpeting, AC ducts & filters, bedding and furniture.  This Rental Lease Agreement will be immediately forfeited, terminated and deposits will be retained and a deep cleaning fee of $1000.00 will be immediately charged to the Credit Card on file and the Guests and Visitors will be required to immediately vacate the rental property.   
22.	NO PETS ALLOWED: If you bring a pet(s), this Rental Lease Agreement will be immediately forfeited, terminated and deposits will be retained and a deep cleaning fee of $1000.00 will be immediately charged to the Credit Card on file and the Guests and Visitors will be required to immediately vacate the rental property.  
23.	VEHICLES: Maximum of 3 vehicles are allowed to be parked on the driveway.  All vehicles are required to be registered and in proper working order.  Any repairs or maintenance to any vehicle on the property is not permitted.  Renter is responsible for any leakage or damage/stain from any fluid from any of the Renter’s, Visitors, or Guest’s vehicles parked on the property.  Damage to any of the driveway pavers will be assed to the Renter,s Credit Card on file.  Renter and his Guests are prohibited from parking boats, boat trailers, motorcycles, recreational vehicles or commercial trucks in the driveway or out on the street in front of the property. These vehicles will be towed immediately from the property at the owner’s expense.
24.	CONDITION OF PROPERTY: Owners have, to the best of their ability, given an accurate description of the property and its condition.  Guest understands that it is considered as reserved “sight unseen”.  Our cleaning staff will have cleaned it before your occupancy.  All electrical, plumbing and appliances should be in working order although the Owner does not guarantee against mechanical failure of any appliance, electrical service, stopped plumbing, water supply, heating, or air conditioning.  The failures of operation of any of these and certain extra amenities, such as TVs, sound system, cable, pool, Jacuzzi, Whirlpool, or the Internet and WiFi service are not a basis for any refund.  Owner will make every effort to have these items repaired but does not guarantee that they will be repaired during Guests occupancy.  When you arrive, if you find that the house has not been cleaned to normal standards please notify the Owner immediately.  We will do our best to have tradesmen attend to the problems but may not be able to fix everything over holidays and weekends.  Under no circumstances will any of the rental money be refunded or returned because of the condition of the house.  The Guest agrees to hold the Owner harmless from any liability for the condition of the house. 
25.	MAINTENANCE:  The Owner cares very much about their Vacation Rental and strives to keep it in excellent shape.  If you notice any problems or maintenance issues, please notify your Local Contact immediately.  Tenant is required to report any deficiency or damage in the unit immediately after checking in (within 24 hours).  A form is provided in your welcome package to complete and notify the Local Manager or Owner.  Renter should immediately call or text the Owner at 508 726-9799 and leave a detailed message on the voicemail.  Renter may be held responsible for not reporting any issues in a timely manner.  Renter may be held responsible for neglecting to operate appliances in the proper manner and use for which they are intended.  The Owner and the Local Manager and their agents will be required to perform necessary maintenance projects on the property during various times of the year such as weekly landscaping, pool cleaning, and pest control.  Maintenance staff will do the best they can to not disturb the Renter’s vacation; however, there is no guarantee that maintenance will not be performed on the property during Renter’s stay.  There will be no refunds or  discounts during any repair or maintenance projects.
26.	ENTRY OF PREMISES:  With Guest’s permission, which is hereby given, Owner or Local Manager may enter the premises during reasonable daylight hours without securing prior permission from Guest, but shall give Guest notice of such entry immediately prior if possible and immediately thereafter.  For inventory and maintenance purposes a property management employee of the Owner may need to enter the premises.  The same permission procedure applies as above. In any emergency, Owner or Owner’s servicing agents may enter the premises at any time without permission of Guest for the purposes of making repairs to alleviate such emergency.  If Guest abandons or vacates premises, Owner may, at his option, terminate this Lease Agreement, re-enter the premises and remove all Guest’s property.
27.	ASSUMED RISKS:  The Renter, Guests and their Visitors assume all risks related to the use of any provided Hot Tub, Jacuzzi Tub, Whirlpool or Swimming Pool including any illness, injury, or death.  Hot Tubs, Jacuzzi tubs, Whirlpools are not recommended for use by children.  Children are not allowed in the Swimming Pool without adult supervision.
28.	SLIP AND FALL:  Renters, Guests and their Visitors assume all risk for any injury caused by a Slip and Fall on any wet surface of the Rental Property.  Villa Ocala has tile floors throughout which may be extremely slippery for wet feet.  Floors in both bathrooms, the kitchen and pool deck are slippery when wet.  Wet feet from the pool entering the house or wet feet getting out of the shower or either bath tub may easily cause an unexpected fall and serious injury.  Villa Ocala has non slip mats and grab bars in the bathrooms and living room entrance from the pool to use.  No one at anytime should walk on tile surfaces with wet feet.  The renters are responsible to bring non slip footwear to use and prevent any slip and fall.
29.	CHILD PROOFING: Renters understand that no special accommodations have been made to “childproof” this house or property, and assume 100% of the risk or harm to any child we allow on the property.  These risks are not limited to, but include access to the ocean, pool, tubs, adjacent street, electrical outlets, cleaning supplies in the house or plants in the house, patio, or property that might be poisonous if ingested.  No child-related supplies such as high chairs, cribs, changing tables, etc. are provided.  Biting and stinging insects are very common at all times of the day.  Venice has wildlife such as large preying birds, bobcats, coyotes, alligators, large snakes and sharks that pose danger to children and un-assuming adults.
30.	PERSONAL PROPERTY:  Renter understands that any personal property of and used by Renter/Guest is not insured by Owner.  The Owner shall not be responsible for any lost, stolen or missing property of the Renter/Guest or property of Guest left after check-out.
31.	BEACH CONDITION:  Guest understands that Owner has no control over the condition of the beach and cannot be held liable for any changes to beach conditions or any closing as ordered by any official agency.
32.	USE OF EXTRAS:  Renters will furnish their own beach towels, beach chairs and beach shades.  However, the owner makes available extra towels and linens to handle unusual circumstances or needs including a few beach towels. These extra items are provided in the master bathroom linen closet. If Renters use any of these items they will wash, dry and return them to their prior location or Renters will be assessed a cleaning fee of $50.00.  Any unused beds will be left as found. Leave used beds unmade and used towels on the bathroom floor or laundry room.  Do not attempt to launder quilts.
33.	PRIOR AGREEMENTS:  No prior Lease Agreement or understanding not contained in writing herein shall be effective.  Furthermore, Owner, other than what is specifically written and set forth herein, makes no other or further representation regarding the nature, character and quality of the premises to be rented, and no representation shall be deemed to exist or be material unless and until it is reduced to a written form and signed by the parties.  This Rental Lease Agreement may be modified in writing only, and must be signed by the parties in interest at the time of the modification.  It constitutes the entire Lease Agreement of the parties.  If any provision in this contract held by any court to be invalid, void or unenforceable, the remaining provisions shall never the less continue in full force.
34.	ASSUMPTION OF RISK:  No lifeguard is on duty.  Accordingly, persons using the beach or Swimming Pool, Jacuzzi, or Whirlpool do so at their own risk and the owner assumes no responsibility for accident, injury or death.  No one should swim alone.  Renters will hold the Owners harmless from any and all bodily injury and/or property damage incurred on the property arising out of Renters’ negligent acts or omissions.  See disclaimer below.
35.	INDEMNIFICATION & HOLD HARMLESS:  You agree to indemnify and hold harmless Villa Ocala LLC, the Owner, Raymond Rogers or the Local Manager for any liabilities, damage, cost or expense whatsoever arising from or related to any claim in connection with your use and/or occupancy of the Vacation Rental, or the failure of you and your Guests or Visitors to observe the Rental Regulations, including, but not limited to, any claim or liability for personal injury, damage, loss of personal belongings or theft of property which is made, incurred or sustained by you and/or anyone you invite to use the Rental Property as your Visitor.   
36.	SEVERABILITY:  If any section, clause, paragraph or term of the Rental Lease  Agreement is held or determined to be void, invalid or unenforceable, for any reason, all other terms, clauses or paragraphs herein shall be severed and remain in force and effect.  This Lease Agreement is taken in full compliance with federal, state and local Fair Housing Laws, without regard to race, color, religion, sex, country of origin, handicap or familial status.
37.	TERMINATION OF RENTAL:  If Renter violates any of the provisions of this Lease Agreement Villa Ocala LLC may terminate this Lease  Agreement and, upon such termination, Renter shall vacate the Unit immediately and shall forfeit ALL the rental money held by the Owner.  In the event of early termination of the rental Lease  Agreement, funds paid are non-refundable.
38.	37.	ATTORNEY’S FEES & COSTS:   If Villa Ocala LLC or the Owner employs the services of an attorney  or attorneys to enforce any conditions of this Rental Lease Agreement, you shall be liable to Villa Ocala LLC or the Owner for reasonable attorney’s fees and costs incurred by Villa Ocala LLC or the Owner.
39.	LIMITATION ON LIABILITY:  UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, SHALL Villa Ocala LLC OR THE OWNER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING ARISING OUT OF OR RELATING TO THIS LEASE AGREEMENT OR YOUR RENTAL. IN NO EVENT WILL Villa Ocala LLC OR THE OWNER BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNTS ACTUALLY PAID BY YOU IN CONNECTION WITH THIS LEASE AGREEMENT, EVEN IF Villa Ocala LLC OR THE OWNER SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
40.	DISCLAIMER:  Renters understand that Villa Ocala LLC or the Owner is not responsible for any personal injury caused by slipping on wet pavement or surfaces, and that tenants are responsible for exercising care when surfaces are wet or slippery due to weather or use of hoses to wash down areas, and further, that the Owners are not responsible for any personal injury or loss or damage to tenants’ property caused directly or indirectly from foul, inclement weather conditions, Acts of God or nature, failure of heat, accidents related to fire, heaters, stoves, tenants’ failure to take adequate precautions around wet areas, or any unforeseeable circumstances.  Under no circumstances will Tenants or their guests hold the Owners of the Rental Property responsible for any damages or claims of any kind resulting from their stay, except for intentional acts of harm.  This Lease Agreement and disclaimer applies to Renters, Guests and all Visitors in the Renters’ party. 
41.	PAYMENT TERMS,  CHECK-IN/OUT, RESTRICTIONS, CANCELLATIONS & REFUNDS:
Total Rental Cost:
•	Nightly Rate  x  Number of Nights
•	$500 Refundable Security Deposit 
•	$150 cleaning fee
•	12% Tax
•	Upgrades & Extras
Payment Terms:
•	Reservation Deposit = 50% of Total Rental Cost is Due at Booking
•	Balance of Total Rental Cost due at least 30 days prior
Cancellations & Refunds:
•	FULL Refund- Cancel 60+ days prior
•	50% Refund – Cancel 30-60 days prior
•	NO REFUND – Cancel Less Than 30 days prior
•	NO REFUND – Early departure from stay
•	NO EXCEPTIONS to any cancellation policy
Check In –Check Out:
•	Check-in: 4:00 PM
•	Check-out: 10:00 AM
Restrictions:
•	No Pets
•	No Smoking
•	No Parties or Events
•	No RVs, no Boats, no Trailers
•	Minimum stay: 5 nights
•	Maximum Stay: 3 months
Policies:
•	Minimum 27 years of age required to sign Rental Agreement 
•	Copy of Identification & Credit Card required on file
•	Consent to background/credit check 
•	Travel insurance recommended
•	All bookings are final
•	Rates and fees are seasonal & subject to change without notice

Agreement of Renter

I, the Renter, have read, understand, agree to, and will abide by this Rental Lease Agreement and all Terms and Conditions stated herein.
Signed this day 07/06/2020  at  22:49:53

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