RENTAL & GOLF CART AGREEMENTS

This is your short-term vacation rental agreement. These agreements outline everything you need to know about our rental policies for our property.

By proceeding with the rental of the subject property and paying all respective amounts due, you hereby agree to the terms of these agreements and the terms detailed herein.

** PLEASE READ THESE AGREEMENTS COMPLETELY **

  1. Rental Agreement.

This Agreement (agreement) constitutes a contract between the Guest (you, your) and Host (us, we, our) of Margarita VIlla, 426 Linkside Drive, Miramar Beach, FL, 32550 (property). By signing this agreement, 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.

Your reservation is confirmed when we receive your electronically signed rental agreement and an advance payment equal to 50% of the rental rate and reservation is accepted & confirmed by Host. 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.

I. The Property

Host/owner is a business entity known as Martin Retail Properties, Inc. with a mailing address of 1308 Shallow Lake Circle, Hopkinsville, Kentucky, 42240 ("Host").

The Guest(s) agrees to rent the residential dwelling described as a(n) single-family home with a mailing address of 426 Linkside Circle, Miramar Beach, Florida, 32550 ("Property"). The Property consists of 3 bedroom(s) and has 3 bathroom(s).

This home is located in a residential area with both vacation rental homes and full time residents.

Please be a good neighbor during your stay and respect the other occupants and the surroundings. Also, this is our home so your care while staying would be much appreciated.

Please refer to the Information book on site for assistance during your stay & for prevailing policies & rules.

II. Furnishings

The Property shall be furnished by the Host. Host shall provide the following furnishings as part of this Agreement:

Bedroom Set(s) - Including but not limited to beds, pillows, sheets, nightstands, and lighting fixtures.

Dining Room Set(s) - Including but not limited to tables, chairs, and other items that complete a dining room set.

Kitchenware - Including but not limited to pots, pans, utensils, cleaning supplies, and other everyday items that complete a kitchen set.

Living Room Set(s) - Including but not limited to couches, chairs, sofas, televisions, desks, and other common living room items.

III. Parking

The Host shall provide parking as part of this Agreement in the form of 2 parking space(s).There shall be no fee for the parking space(s). Additional parking spots are located at designated spots throughout the neighborhood. Please no parking on the grass or on the street.

IV. Guests & Activities

The total number of individuals allowed to stay at the Property for any period will be limited to 8 people. In addition, the Guest(s) are allowed to have no more than 12 people on the Property including guests at one time. Additional guests or visitors should be cleared with Host and may result in additional charges.

Should it be observed or reported that there are an excessive number of people on the premises or that activities at the Home are of an undesirable nature, then Host reserves the right to request that tenant & all guests immediately vacate the home with no refund of any monies paid. This is a quiet neighborhood and all activities are closely monitored by Sandestin Security and neighbors. Unruly activity will not be tolerated and may also be reported to the Walton County Sheriff.

V. Arrival & Departure

Check in time is no earlier than 4 pm on arrival date and Check Out is no later than 10 am on departure date.

Prior to arrival you will be given a Code to access the front door. This code will be used to access the house throughout the stay and will terminate at the departure. Upon arriving at the Sandestin gate give the guard the property address (426 Linkside) and your name. You will be given a pass good for accessing the Sandestin property the length of the stay.

Upon Departure, please follow these steps:

(1) Have all trash removed from the house and properly bagged on the street;

(2) Please make sure covers are on patio furniture, golf cart and grill;

(3) Set the thermostat on 74 degrees;

(4) Place any dirty dishes in & start dishwasher;

(5) Place any dirty towels, kitchen & bath, in laundry basic in hallway;

(6) All items are removed from the refrigerator;

(7) All personal items are removed;

(8) Gas grill is clean.

VI. Property Insurance & Guarantee; Damage

As a condition of your booking, an Accidental Damage Protection insurance policy has been purchased to cover your stay up to a maximum of $3,000. This policy will cover any unintentional or accidental damages that may occur inside the house. Additional information concerning this policy is available on request.

Additionally, you are providing your credit card number as guarantee of payment for any fees, damages & theft which fall outside the scope of the Accidental Damage Protection policy or exceeds any Security Deposit that may be required. Such potential charges are set forth below. You understand that these charges will be charged to the credit card which you present for payment and is maintained on file.

You hereby acknowledge and authorize ivacationonline.com as a representative for Host to charge your credit card pursuant to this agreement for charges that are deemed your responsibility.

Charges may include but are not limited to (1) Breakage or Theft of any items; (2) Damage to the house and any furniture or other items in the house or provided by Host including patio; (3) Missing or stained/soiled bedding and linens; (4) Trash not being properly disposed of and excessive trash left on property; (5) House being left in an excessively dirty or unkept state; (6) Smoking has occurred inside the house ($250 fine); (7) Damage to Golf Cart; (8) Any activity whether violating property rules or of a suspected criminal nature that requires the actions of a contracted third party resulting in charges to Host; (9) Any action which results in Host being assessed fines or penalties whether by neighborhood associations or local authorities; and/or any other actions that might result in monetary damages to the Host (10) or other fees that are detailed herein that are imposed by Host. Charges for certain items will be based on the cost incurred by Host as charged by third party vendors.

Fees that may be assessed include the following:

Smoking or vaping on property $250

Failure to clean grill 50

Driving golf cart on grass 100

Improper use of golf cart 200 (fee imposed by Sandestin Security)

Underage/unlicensed cart operation 500

Unauthorized pets on property 250

Lost golf cart key 150

Unauthorized Guests on property 50 per guest per night

Fees as imposed by Sandestin Security or Walton County Sheriff

Should charges, damages or cost to Host not be covered by the aforementioned remedies available to Host including loss of rental income resulting from Guests actions or damages, then Host and/or its designated agent shall maintain the right to seek relief via all means available in the state of Florida.

Host reserves the right and its discretion to charge a monetary security deposit in lieu of or in addition to the aforementioned

VII. Pets

If previously approved, Guest may have One pet weighing less than 20 lbs. on the premises. A non-refundable pet fee of $250 will be charged. Unauthorized pets observed on property will result in a $250 fine payable to Host. Please adhere to the following pet rules:

(1) No litter boxes or pet pads are allowed in the house. Please have pets relieve themselves outside.

(2) Please pick up your pet's waste and dispose of it properly. Waste bags and disposal bins are located throughout the neighborhood.

(3) Please be respectful of our neighbors' lovely flowers and plants and do not allow your pets to urinate on them.

(4) All pets must be on a lease at all times.

(5) Please do not allow your pets to engage with the wildlife in the neighborhood. They are rather tame and will come in close proximity to you and your pet.

(6) No pets are to be tied up and left unattended outside.

VIII. Falsified Reservations.

If you provide 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.

IX. Termination

Host has the right to inspect the premises with prior notice in accordance with applicable State laws. Should the Guest(s) violate any of the terms of this agreement, the rental period shall be terminated immediately in accordance with State law. Guest(s) waive all rights to process if they fail to vacate the premises upon termination of the rental period. Guest(s) shall vacate the premises at the expiration time and date of this agreement.

X. Utilities

The Host shall be responsible for providing the following utilities: Cable / Satellite TV, Electricity, Internet, Trash Collection, Water and Sewer.

XI. Maintenance and Repairs

The Guest(s) shall maintain the premises in a good, clean, and ready to rent condition, and use the premises only in a careful and lawful manner. Guest(s) shall leave the premises in a ready to rent condition at the expiration of the rental agreement, defined by the Host as being immediately habitable by the next Guests.

Should issues arise during the stay, Host will make every effort to resolve problems as quickly as possible.

If maintenance issues arise during your stay, please contact the Host as soon as possible.

XII. Patio Grill

A propane gas grill is provided for Guest’s use and is located on the rear patio. Should propane tank become empty during your stay, please inform Host and a replacement tank will be provided as soon as possible. Prior to use, please check gas gauge on grill to ensure it has adequate gas to complete your cooking.

Please be respectful of future guests by cleaning the grill after each use or prior to your departure. Failure to adequately clean grill before departure will result in a $50 fine.


XIII. Trash

Host requires the Guest(s) to use the following instructions for trash removal on the Property: Bagged trash placed at curb between 7am & 10am daily. Any boxes left at street should be broken down flat.

XIV. Subletting

Guest(s) shall not be allowed to sublet the Property. If Host does allow the Guest(s) the right to sublet, an amendment must be signed by both Host and Guest(s) and shall be attached to this Agreement.

XV. Quiet Enjoyment

The Guests shall behave in a civilized manner and shall be good neighbors respecting the rights of the surrounding property owners. The Guests shall not create noise or disturbances likely to disturb or annoy the surrounding property owners. Creating a disturbance of the above nature shall be grounds for immediate termination of this agreement and Guests shall then immediately vacate the premises. Neighborhood has a 10 PM nightly Noise Ordinance so please limit outside activity at that point.

LIkewise, Guest has the right to the same privilege. If you experience any noise or annoyance, please contact the Host.


XVI. Smoking

Any and all forms of smoking and vaping are not permitted inside the Property. All smoking activities MUST occur outside. Smoking inside the house will incur a $250 fine.

XVII. Host’s Liability

The Guests and Guests' Guests shall hereby indemnify and hold harmless the Host against any and all claims of personal injury or property damage or loss arising from use of the premises regardless of the nature of the accident, injury or loss. Guest(s) expressly recognize that any insurance for property damage or loss which the Host may maintain on the property does not cover the personal property of Guest(s), and that Guest(s) should purchase their own insurance for Guest(s) and Guest(s) if such coverage is desired.

XVIII. Attorney’s Fees

Guests agree to pay all reasonable costs, attorney's fees and expenses that shall be made or incurred by Host enforcing this agreement.

XIX. Use of Property

Guest(s) expressly acknowledge and agree that this Agreement is for transient occupancy of the Property, and that Guest(s) do not intend to make the property a residence or household.


XX. Hurricane & Weather Policy

There will be no refund of any rent amount paid due to inclement weather either forecast for Guest's stay or that occurs during the stay unless a mandatory evacuation is ordered by civil authorities. If evacuation is ordered prior to the stay which prohibits from arriving on scheduled date then a 100% refund will be issued or if evacuation occurs during Guest's stay then any unused days will be refunded on a per day basis including tax less cleaning fee.

XXI. Terms & Cancellation.

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 Venmo. 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.

Cancellations made more than 60 days prior to your arrival will receive a total refund of any advance payments less a cancellation fee of $500.

Cancellations made within 60 days of the check-in date will receive no refund and you will forfeit any money paid in advance.

XXII. Travel Insurance.

It is highly recommended that Guest obtains travel insurance through a reliable third party vendor to protect against losses due to cancellations or concerns over weather. Such policies are between you and the insurance vendor, and Host is not a party to such agreement. You are free to choose your insurer but we offer the following company as an option.

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.

XXIII. Fireworks

The Parties agree that Fireworks and other hazardous materials may not be used in or around the Property.

XXIV. Illegal Use

Guest(s) shall use the property for legal purposes only and other use, such as but not limited to illegal drug use, abuse of any person, harboring fugitives, etc. shall cause termination of this Agreement with no refund of rents or deposits.



XXV. Smoke Detectors

Should Smoke Detectors activate and produce an alarm then Guests are to vacate property and if an emergency is detected contact 911. Please notify the Host as soon as possible.

XXVI Door Access

Guests will be provided with a digital code to access home. Please remember and keep code in a safe place.

XXVII. Possessions

Valuable items left behind by Guest(s) will be held with every reasonable effort made to contact Guest in order for a safe return. If items are not claimed for longer than 30 days they shall become the property of the Host. If Guest wishes items to be shipped to them, they shall pay all reasonable shipping charges. The host shall not be held liable for the condition of said items left by the Guest(s).

XXVIII. Amenities

As a courtesy to our guests, a Startup assortment of toiletries and household items is provided. Guest should purchase extra such items if they are needed.

Following are the items that will be provided:

Toilet paper - 2 rolls per bathroom

Kitchen paper towels - 1 roll

Garbage bags - 1 bag per can with 1 extra kitchen bag under sink

Dishwasher detergent – 2 pods

Liquid dish soap - 1 bottle

Laundry detergent - 3 pods

Each bathroom will have the following:

Shampoo

Conditioner

2 bars of soap

Body Lotion


XXIX. Host's Contact

In the event the Host needs to be contacted, the Guest(s) may reach Hosts:

Hosts: Greg Martin & Tamara Martin

E-Mail: blugreg@yahoo.com

Telephone: (270) 305-5165 & 270-305-6393

XXX. Governing Law

This agreement is governed under the laws of the state of Florida.

XXXI. Lead-Based Disclosure

It is acknowledged by the Parties that the Property was not constructed prior to 1978. Therefore, the Lead-Based Paint Disclosure Form is not required per federal law.

XXXII. GOLF CART

A golf cart is provided for your use and enjoyment. A detailed Golf Cart Agreement follows. Please read and adhere to its requirements. Key points include:

XXXIII. Severability

In the event any provision or part of this Agreement is found to be invalid or unenforceable, only that particular provision or part so found, and not the entire Agreement, will be inoperative.

XXXIV. Additional Terms and Conditions

Should home become uninhabitable during Guest(s) stay due to events beyond Owners control including but not limited to acts of God (hurricane, storms, flooding), failure of major systems (heating & cooling, water heater, plumbing or electrical), unavailability of third party services (electricity, water, sewer) or any other event which will force Guest(s) to vacate the house, then Owner will refund the balance of the remaining days of stay and this agreement will end. Guest(s) will hold Owner harmless and Owner will have no obligation to provide alternative housing for Guest(s).

XXXV. Security Cameras & Monitoring

It should be noted that there are security cameras on the exterior of the house including a doorbell camera. These cameras are for the safety of our Guests and to monitor the number of people occupying the home and to observe usage of the golf cart. Cameras are monitored on a random basis or as issues warrant.



XXXVI. Arrival Inspections + Damages.

Please thoroughly inspect the property 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 Guest’s responsibility.

XXXVII. Entire Agreement

This Agreement together with any attached addendums or disclosures shall supersede any and all other prior understandings and agreements, either oral or in writing, between the parties with respect to the subject matter hereof and shall constitute the sole and only agreements between the parties with respect to the said Property. All prior negotiations and agreements between the parties with respect to the Property hereof are merged into this Agreement. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party or by anyone acting on behalf of any party, which are not embodied in

this Agreement and that any agreement, statement or promise that is not contained in this Agreement shall not be valid or binding or of any force or effect.


Please review the following items which are of extreme importance:

GOLF CART LIABILITY WAIVER & AGREEMENT

In exchange for the privilege to operate a golf cart in the Sandestin community, I hereby accept responsibility for my own negligence and the negligence of anyone in my party operating the golf cart provided at Margarita Villa, 426 Linkside Circle, Miramar Beach, FL. I hereby agree to operate the golf cart in a safe manner and adhere to ALL rules set forth by the Sandestin Homeowners’ Association and the Linkside Village Owners’ Association, and to ensure that anyone in my party operating the golf cart does the same. I acknowledge that the Rules are posted in the window of the golf cart, and I agree to familiarize myself and any other operator in my party of the Rules and to abide by them at all times.

I acknowledge that I am liable for all medical and legal claims that may arise from the use of the golf cart. I voluntarily agree to accept the risks of using a golf cart and on behalf of myself, my personal representatives and my heirs, hereby voluntarily release the Sandestin Owners’ Association, as well as Martin Retail Properties, Inc., its principals and assigns, including but not limited to Greg Martin and Tamara Martin, individually and in their capacity as company officers, and all affiliate companies together with their respective officers, directors, members, shareholders, employees, representatives, agents, successors or assigns (referred to individually and collectively as “Releasees”) from any and all claims, actions, causes of actions, suits, judgments and demands for bodily injury, property damage, loss of life and/or loss of services, in law or equity, that may in any way or manner arise out of the use of the golf cart.

Please review the listed instructions in the property information folder onsite pertaining to the golf cart. Sandestin Owner Association also has established rules pertaining to the use of the golf cart and these are posted on the front windshield of the cart. Please review these.

By signing this document you agree to adhere to the following:

1) All operators/drivers of the golf cart must have a valid state issued driver's license & must be 18 years of age. Please note there are no exceptions;

2) Cart is not to be driven off paved surfaces & never driven or parked on grass;

3) The number of riders should never exceed 6, which the cart was designed to carry;

4) Do not strap or place items such as beach chairs, rafts, etc. on the roof of the cart;

5) When using the speaker on the cart, please keep volume at a respectable level;

6) Cart is not to be driven off the Sandestin or Grand Sandestin property and at no time is it to be driven on Highway 98;

7) Observe motor vehicle operating laws and procedures when operating the cart;

8) Park only in approved vehicle parking spots on property & only in driveway at house;

Please note that the cart is NEVER to be parked or driven on any grass, either at the house or elsewhere in the community. This is STRICTLY enforced by security, neighborhood management and neighbors. Any instances that are reported by neighborhood management will incur a fine of $100 per occurrence payable by Tenant.

Tenant is responsible for the possession/control of the vehicle keys when not in use. I also understand that if the golf cart keys are lost, there will be a $150 fee to replace said keys.

Tenant/Undersigned agrees that they are responsible for any and all damage to the golf cart of which they or anyone in their party may cause. Tenant acknowledges and agrees that Host may charge the credit card on file for any fees, damages or other charges that Tenant may incur with regards to golf cart. Such acknowledgement is also detailed in the Rental Agreement.

Should damages exceed the amount of funds available to Host to satisfy damages, then Tenant agrees to assume responsibility for compensating Landlord for such amount. Landlord maintains the right to pursue reimbursement for any damages caused to golf cart by Tenant through any civil means available under the laws of the state of Florida. It is agreed that Tenant will be responsible any and all legal fees including attorney compensation that Landlord may incur in such a pursuit.

Tenant hereby acknowledges that Tenant is at least 25 years of age, and that no person under the age of 18 years of age will operate the golf cart at any time. Tenant will forward copies of all driver's licenses of all anticipated drivers of the golf cart to Host prior to occupancy.

Further, Tenant acknowledges that it is strictly forbidden for an individual without a valid driver’s license to operate the golf cart.

Please note that Sandestin Security closely monitors all golf cart activity and will impose fines for violations of posted rules and traffic ordinances. Tenant will be responsible for any fees incurred by Host due to their actions.

Following are among the fees & penalties that may be imposed by Sandestin Security and/or Host for golf cart violations. Additional penalties at Security’s discretion:

Parking or driving on grass $100

Loss of golf cart key $150

Driver underage or no license $500

Improper operation of cart $200

Tenant acknowledges that the use of the golf cart is a privilege and is not a condition of the Rental Agreement. As such, the use of the cart can be restricted or eliminated at Host’s discretion.

Host will make every effort to repair any mechanical issues with the cart in a timely manner. However, should mechanical issues render the cart inoperable during tenants stay, then Host shall be under no further obligation to provide a replacement or compensation for the cart.



I acknowledge that golf carts are a motorized vehicle and driving or riding in these vehicles can lead to serious injury, property damage, and even death. The use of these vehicles is for transportation and use should conform with all rules and regulations of the Sandestin Owners’ Association. No excessive speeding, joy riding, disregard of traffic signs, or any type of unreasonable activity with the golf cart will be tolerated by the Association. I will limit the number of golf cart occupants to the number of occupants recommended by the golf cart’s manufacturer.

If any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.

I HAVE CAREFULLY READ, UNDERSTAND AND VOLUNTARILY AGREE TO THE TERMS ABOVE AND THE SANDESTIN OWNERS’ ASSOCIATION RULES AND REGULATIONS AS WELL AS THE TRAFFIC LAWS OF THE STATE OF FLORIDA.



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