Vacation Rental Agreement

This is your short-term vacation rental agreement. This agreement outlines everything you need to know about our rental policies for our property. Our goal is to ensure that your stay at our property is wonderful and meets all of your expectations. Please let us know if you have a technology or equipment issue during your stay and we will get it resolved. If you have any questions, please email or call us.

Rental Agreement: This Agreement (agreement) constitutes a contract between the Guest (you, your) and Owner (Bellewray, LLC, us, we, our) of the Vacation Rental Property (property). By booking this property, this is your contractal agreement for you and your guests are agreeing to all terms and conditions listed in the rental agreement. Your vacation rental is a transient rental under state law. This means that your tenancy is temporary for the stated time period only. At no time is the property to be sublet or assigned to another individual. Please do not make any repairs, alterations, or improvements in or about the property.

Confirmation of Reservation: Your reservation is confirmed when we receive your electronically signed rental agreement and an advance payment equal to 50% of the rental rate. The name on this agreement must be an adult who is at least 25 years old, and will be the responsible party for the reservation and all rental obligations.

Payment: An advance payment equal to 50% of the rental rate is required at the time of booking. The advance payment will be applied toward the rent. Please make payments via credit card or personal checks. The advance payment is not a damage deposit. The balance of rent is due 60 days before your arrival date. Reservations made less than 60 days prior to arrival require full payment at the time of booking.

Security Deposit: A security deposit is required at our discretion. If damage exceeds the security deposit, you agree to pay any and all damage charges above the security deposit with the credit card on file. The property is inspected before and after every tenancy. While you are here, we ask your cooperation in reporting any damage. The security deposit, less any charges incurred where applicable, will be refunded after your departure. Your security deposit will be fully refunded after your departure, providing the following provisions were met: (1) no smoking if prohibited by us; (2) no pets if prohibited by us; (3) all check-out procedures were followed; (4) no damage to the property or its contents beyond normal wear and tear; and (5) the number of guests did not exceed the agreed upon number of occupants.

Cancellation and Refunds

Any cancellation or change to the reservation must be received in writing at least 60 days in advance for short term rentals (90 days for monthly/long-term rentals) for 100% total refund. Cancellations made within 60 days of the check in date will receive no refund and you will forfeit any money paid in advance. Owner reserves the right to cancel the reservation or amend this agreement. If all monies and completed paperwork are not received by the due date, or should property become unavailable due to uninhabitable conditions; all monies will be returned if cancellation is determined by Owner/Agents. Any unlawful acts or rental agreement violations conducted by renter or renter’s guests will result in an immediate eviction and you forfeit all payments made including the security deposit

Hold Harmless Agreement

The rental property is privately owned by Owner; Owner is not responsible for any accidents, injuries or illness that occurs while on the premises or its facilities. Owner is not responsible for the loss of personal belongings or valuables of Guest. By accepting this rental reservation, it is agreed that it is the sole responsibility of the named renter to understand, acknowledge and communicate to all their guests the terms, conditions and rules and are expressly assuming the risk of any harm arising from their use of the premises or others whom they invite to use the premise. All renters and their guests acknowledge and agree to hold harmless, all owners, housekeeping, maintenance staff and security personnel from any personal, family members or their guests’ loss whether it physical, mental or financial while renting our condo. It is to the understanding that the use of owner’s condo is for guest personal use and any guests over the age of 25. Any person under the age of 25 must be accompanied by a parent or legal guardian unless agreed to in writing. Guests shall see to their own security while in the property by shutting, locking doors and securing valuables, when it’s prudent to do so. Guest expressly recognizes that any insurance for property damage or loss which Owner may maintain on the property does not cover the personal property of Guest, and that Guest should purchase their own insurance for Guest and Guest’s Guests if such coverage is desired.

Although Seawind and our unit are child friendly; it is not child proofed. By signing this rental agreement, you agree that it is your responsibility to ensure the safety of all guests including children by checking for any potential hazards and moving them out of harms way. Children under the age of 18 are not to be left unattended in the condo unit or on the balcony under any circumstance. You agree that you, your guests and invited guests will not throw objects from the balcony, stand on, sit on or lean over the rails of the balcony; nor stand on, jump on or move any furniture to cause harm to yourself or to others; intentionally or unintentionally.

There are no lifeguards on duty at Seawind pools/hot tub and you agree to read and follow the posted rules located in the indoor/outdoor pool area. This includes but not limited to, no diving, no running, and no children are to be left unattended. Utilizing the pools or hot tub while under the influence of alcohol, cannabis, prescribed, controlled, over the counter medications and/or illegal drugs increases your drowning risk. Those under medical care, including pregnancy, should consult with your physician prior to the usage of any Seawind property amenity and are to be used at your own risk.

Play it Safe

Be sure to educate yourself about the beach warning flag system. Flags are posted at all public beach areas and beach conditions are monitored throughout each day. Please remember that the absence of red flags does not assure safe conditions. On Gulf Shores and Orange Beach's city beaches, it is illegal to enter the water when the double red flag is being flown. This flag system has been adopted by the beaches within Orange Beach, Gulf Shores and the Gulf State Parks.

For current conditions in Gulf Shores, dial 251-968-TIDE (8433).
For current conditions in Orange Beach, dial 251-981-SURF (7873).

	Medium Hazard (YELLOW FLAG)		High Hazard (RED FLAG)
	Dangerous Marine Life PURPLE FLAG		Water Closed to Public DOUBLE RED FLAGS

As a reminder, the beach flag system is also posted on the refrigerator and in the guest book. You, your guests and invited guests acknowledge and agree to follow the beach flag system and/or adhere to any public beach warning notifications including but not limited to, hazardous conditions, dangerous marine life, and/or potential life threatening bacteria/algae. Entering and or being around the Gulf waters is at your own risk even in shallow water. Please go over how to “Break the Grip of the Rip” in Rip Currents locatedd in our guest book upon arrival. Beach Services updates the flags daily during their seasonal operation. The flagpole is located near the Seawind Boardwalk which could be visibly seen. The absence of the flag does not assure safe waters. The City of Gulf Shores does not provide lifeguard services in or around the beaches nearest to the Seawind property. It is encouraged for the public to swim at protected public swimming areas (Gulf Place, West 6^th Street, and Lagoon Pass) when lifeguards are present during the months of March-September. If in doubt, stay out!

Condemnation and Acts of God: If for any reason, the premises are condemned by any governmental authority, or destroyed through fire, act of God, nature or accident, this rental agreement shall cease and shall terminate as of the date of such condemnation or destruction and the Guest hereby waives all claims against Bellewray, LLC (Owner).

Bellewray, LLC (Owner) and its agents can not be held responsible for: The Failing of any other company due to said company’s error or service interruption (i.e. electricity, water, cable, wireless provider, elevators, etc) and acts of neighbors such as: construction, road repair and maintenance or Act of God. However, Owner agrees to do all that is humanly possible to remedy any issue as quickly as possible.

NO Refunds or Adjustments of rental fees will be made for any of the above conditions.

Owner/Agent reserve the right to enter property at any time to investigate disturbances, check occupancy, check damages, make repairs, alterations and improvements. We will contact you first prior to entry unless it is deemed a life threatening emergency situation

Hurricane or Storm Policy

No refund will be given unless the National Weather Service identifies Gulf Shores/Orange Beach as a “Tropical Storm/Hurricane Warning” area and orders mandatory evacuation of the island. It is highly recommended but not required, that you purchase travel insurance. It is up to you to purchase the insurance, it is not our reponsbility. ONLY IN A Gulf Shores/Orange Beach MANDATORY evacuation event, we will refund:

A: Any unused portion of rent from a guest currently registered

B: Any unused portion of rent from a guest scheduled to arrive that chooses to arrive after the Warning is lifted for a shortened stay: and

C: Any advance rent collected from a guest scheduled to arrive during the Warning period who chooses to cancel their stay entirely.

D: Any guest whose primary residence is located in a Named Storm/Natural Disaster area that prevents them from safely traveling.

Safety of our guests are our top priority. Owner has discretion to cancel and rebook guest for later late. Hurricane Season is from June 1st through November 1st.

Travel Insurance Provided by TRAVEL GUARD: Every year, snowstorms, hurricanes and other unexpected weather events cause travelers to delay, interrupt or even cancel their trips completely. A travel insurance plan can help cover your vacation investment. Specific coverage questions should be directed to Travel Guard (1.877.246.5376 or www.travelguard.com/astp). Please refer to product number 008573/008574 P1 & account # 97908.

Coverage is offered by Travel Guard Group, Inc., and limitations will apply. Please visit www.travelguard.com/disclaimer for full disclaimer.

Accidental Damage Protection: Accidental damage protection is included for any damages or accidents, subject to exclusions and limitations that occur to the premises during your rental period up to $3000. Any damage or accident that is not covered under the policy will be the responsibility of the leaseholder.

The purchase of the insurance still requires you to follow the check-out list outlined in the check-out details, and you must follow all terms and conditions.

Insurance: You are expressly excluded from any insurance policy held by us. You understand that it is suggested that you carry renter's insurance to cover your personal belongings.

Minimum Stay: A minimum stay is required at our discretion.

Maximum Occupancy: The maximum number of guests for our property is eight (8). This, includes newborns, infants, toddlers, preschoolers, elementary aged children, tweens, teeenagers and adults over the age of 18. If you are found in breach of this contract, you will be evicted and no money will be refunded. Only people who have registered with us as a guest may stay overnight on the property. Guest agrees to pay for any fines, owner expenses and/or legal fees associated with violation of this policy.

Property Furnishings: We will provide you with a list of furnishings that come with the property. You agree to return all furniture items in a similar good condition, with normal wear and tear expected, as it was prior to the beginning of the lease term.

Getting Here: The confirmation email will state the timeframe in which we will send you details about the property, including: how to access the property, check-out procedures, community rules, and names/phone numbers of emergency contacts.

Arrival Inspections + Damages: Please complete an arrival inspection on your day of arrival and report any broken items, damage or issues to us immediately. Any damages that occur during your stay must be reported immediately to us. In the event that damage occurs to the property, whether reported by you or found after departure, the cost of repair and/or replacement will be held from the deposit. If the amount of repair and/or replacement exceeds the deposit amount, you will be responsible for any additional costs. Additional costs for repair or replacement will be charged to the credit card on file.

Arrival and Check-in: Check-in is 3 PM local time on your scheduled arrival date. Check-in before 3 PM is not guaranteed. Once we receive full payment and a signed rental agreement, we will send you detailed check-in instructions.

Departure and Check-out: Check-out is 10 AM local time on your scheduled departure date. Check-out is strictly at 10:00 AM. We will provide you with check-out procedures in advance of your arrival.

Cleaning Fee: A departure cleaning fee of $160 is required for each stay.

Utilities: The cost of normal utilities usage is included with your stay. However, you are responsible for long-distance phone calls/faxes and pay-per view movies.

Maintenance / Repairs: Even the best or newest equipment occasionally malfunctions and cannot be guaranteed 100% of the time. We have an excellent maintenance team who corrects problems as soon as possible. Authorized personnel may enter the premises during business hours for purposes connected with repairs, care, or maintenance of the premises.

Community Rules: You agree to abide by all rules governing the community where the property is located. The rules are posted inside the property and/or at the community office. These rules are subject to change at any time.

Parking: Parking is at your OWN risk and limited to 2 cars. Parking passes are required at Seawind COA. Upon your arrival, the parking pass(es) will be located inside the property. You are responsible to visably place the parking pass in your vehicle parked on Seawind COA property. Each parking pass issued is $30.00. If your parking pass is lost or stolen, you will be responbile for paying $30.00 for a new one. Parking is limited and Security is tight. Seawind COA is not responsible for any damage or theft to any vehicle parked on premise. SECURE your Vehicle.

No Pets: This is not a decision made by us, this is a rule set by the Homeowners/Condominium Associations. Only owners of Seawind COA is permitted to bring pets. If a pet is found on the property during your stay, we have a right to ask you to vacate the property immediately with no refund of any kind. Upon departure, if the cleaning company detects any evidence of a pet, you will forfeit your deposit and additional fees may apply.

No Smoking, Smokeless Tobacco or Open Flame: No smoking of any kind is allowed inside the property this also includes vaping, e-cigarettes and smokeless tobacco . No candles or open flame of any kind are allowed inside the property. Upon departure, if the cleaning company detects any evidence of smoking and/or open flames, you will forfeit your deposit and additional fees may apply. Smoking is permitted, outside, in designated areas.

No Daily Housekeeping: There is no daily housekeeping service. While linens and bath towels are included with the property, daily maid service is not included in the rental rate.

Personal Items

Please notify owner in writing as soon as possible if it is determined that any items were left in the condo. The item(s) will be returned at owner’s discretion, in accordance with U.S. mail laws and regulations, a minimum trip charge of $25 plus the cost of mailing the item(s). Guest is to provide prepayment via venmo or zelle prior to sending. Please double check for personal belongings prior to departure; especially any firearms, personal safety devices and valuables. Failure to notify and submit applicable prepayment for the cost associated with mailing personal property within 30 days from departure date will result in discarding personal property.

Conditions Beyond Our Control: We are not liable for events beyond our control which interfere with your scheduled occupancy, including, but not limited to: acts of God, acts of governmental agencies, fire, strikes, war, tornado, hurricanes, tropical storms, ice storm, severe weather, inclement weather, ferry boat cancellation, loss of electricity, or loss of water. There will be no refund in these circumstances. We recommend you purchase travel insurance prior to arrival.

Criminal Activity: You agree to not engage in any criminal conduct on the property, including but not limited to the following: usage of illegal drugs, committing a felony, violating any law or ordinance, disturbing the peace, engaging in conduct for unlawful purposes. We are not liable for any damage or injury you cause to yourself or a 3^rd party while engaging in criminal activity.

Indemnification: We shall not be liable for any damage or injury suffered by you, your family, guests, invitees, agents or employees or to any person entering the property. You agree to indemnify, defend and hold us harmless from any and all claims or assertions of every kind and nature.

Governing Law: This agreement shall be governed, construed, and interpreted under the Laws of the State chosen by us.

Severability: If any part of this agreement is held to be invalid, such invalidity shall not affect the validity or enforceability of the rest of this agreement.

Falsified Reservations: If you provides false information concerning your identity or other aspects of the reservation, you will automatically forfeit the reservation and will not be granted access to the property. In addition, you will not be refunded any money paid in advance. We have a right to report the fraud to appropriate authorities.

Acknowledgement: You have read and agreed to the terms and conditions of this agreement including the vacation rental property rules, community rules, and weather/pet/smoking/cancellation policies. The credit card supplied at the time of reservation will be held for security purposes only.

Upon receipt of rental agreement and final payment, we will send you codes to the door, fitness center and a list of suggested items on what to bring and telephone contacts. We have a welcome book within our unit with information on “in case of an emergency to our family’s favorite recommendations.” We look forward to sharing our Gulf Coast home away from home with you and all that the Gulf Coast has to offer. Our renters enter as guests and leave as friends. We know that you have many choices along the Gulf Coast. We truly appreciate that you chose to support a Veteran owned small business with your stay with us at Gulf Shores Seawind 703. The beach is waiting for you!

We look forward to your visit!