Hudson Beach Properties Rental Agreement

HUDSON BEACH PROPERTIES PROPERTY RENTAL
AGREEMENT
This Rental Agreement is entered into by and between the renter_____________________ hereinafter referred
to as the “GUEST(S)” and Hudson Beach Properties, LLC hereinafter referred to as the “PROPERTY
MANAGER” on this ____day of ___________, 20___. This agreement constitutes a contract between the
“GUEST(S)” & “PROPERTY MANAGER”. Please read this Vacation Property Rental Lease agreement
thoroughly. It is the responsibility of the “GUEST(S)” to be familiar with all policies within the agreement. This
occupancy is for a short-term vacation rental and does not constitute permanent or primary residence.
1) Guest(s) Information: This information is only needed for the Guest(s) name on the reservation. All
information must match the Guest(s) name on the reservation. If someone else’s information is added to
this Vacation Property Rental Lease Agreement, that person will be added to the reservation and will
have to sign a Vacation Property Rental Lease Agreement as well. If a reservation has more than one
Guest(s)submitting payments, then each Guest will have to sign and return a completed Vacation
Property Rental Lease Agreement. Please initial here___________.
Guest Primary Name: _______________________________________________________________
Phone Number 1.: _________________________ Phone Number 2.: _________________________
Billing Address: _____________________________________________________________________
City: ______________________ State: ________________ Zip: ______________________________
2) Term of Lease: The term of the lease shall begin on the arrival date of ______________________ and
end on the departure date of _________________ for the property situated at_______ Clark Street,
Hudson FL (PROPERTY). The property will be ready for occupancy no earlier than 4 p.m. EST on the
arrival date and must be vacated no later than 11 a.m. EST on the departure date.NO EARLY CHECK-
INS: without prior consent from the Property Manager and an early check in fee has been paid. Please
initial here ________.
3) Cancellations & Changes to Reservations:
Reservations cancelled 30 days prior to the arrival date will be refunded all monies paid except a
cancellation fee of $50.00. Cancellations made 30-15 days prior to the arrival date will be refunded all
monies paid less than $250.00 cancellation fee. No refunds will be made for cancellations made 14 days
Page of1 7
Hudson Beach Properties
Email: mike@hudsonbeachproperties.com
Phone: (727) 868-5623
DRAFT
or less prior to arrival. Otherwise, there are no refunds for not occupying the Property. Changes to
reservations, when available, require payment of any difference in the new reservation amount at the
time of the change. All refunds are made using the payment method on file. Guest agrees that there may
be a delay of up to 14 days for your payment method to process your refund.
4) Payments & Charges:
Payment: A payment of 25% of the rental, fees, and taxes is due at the time of the reservation.
Reservations made within 14 days of the rental period require payment in full. Guest(s) must submit
copies of both sides of the credit card used for payment and a copy of a matching government issued
photo ID. Guests agree that if more than one method of payment is used for the reservation that Property
Manager may charge any of the methods of payment submitted for additional charges that may occur.
Balance: The full reservation balance is due 14 days prior to the beginning of the Rental Period and will
be charged to the payment method on file. Failure to pay the balance when due will result in cancellation
of your reservation.
Non-Payment: Non-payment, declined payments, or returned checks will result in cancellation of the
reservation and a cancellation fee in the amount provided in this Agreement will be charged against any
refund that may be due.
Refunds: There are no refunds for unmet expectations resulting from weather, natural disasters,
personal or any other reason unless contained herein. Rescheduling will be permitted provided the
reservation is rescheduled before the original scheduled arrival date, payment is made for any rate
increase, and the new arrival date is within 1 year of the original reservation dates. The Property
Manager reserves the right to cancel reservations and refuse service to anyone, to the extent permitted
by law. Travel insurance is recommended to cover issues such as these. There are no refunds for
housekeeping or maintenance issues, please contact Property Manager to have these issues resolved
during your stay.
Remedies: The sole remedy for failure to provide reserved Property due to circumstances beyond the
control of the Property Manager is a prorated refund.
Non-Punitive Charges: Guest agrees that all charges & fees listed in this Agreement are non- punitive
in nature and these charges cover the costs of Property Manager related to activity that is not allowed by
this Agreement. Other Charges: Guest agrees that their payment method on file will be charged to
cover our costs for other charges detailed within this agreement including but not limited to charges for
replacement of missing items, damages, stains, bed bug treatment, long distance phone calls, pay-per-
view purchases, non-emergency use of fire extinguishers, and administrative fees related to charges.
Please initial here_________.
5) Check In Information:
The check in information will be sent to Guest(s) via text message at the preferred phone number of
_____________________ by 4 p.m. EST on ________________ (the check in date). If you will not
have access to texts on the cell phone provided at booking, or the number provided is an international
phone number, please contact our office at _______________. Please initial here_________.
6) Check In & Check Out:
Page of2 7
Hudson Beach Properties
Email: mike@hudsonbeachproperties.com
Phone: (727) 868-5623
DRAFT
You will receive check-in and check-out instructions prior to your arrival date by e-mail that will include
the lock code for your stay. To check in, please go directly to the Property and use your code for entry
after 4:00PM. Your code will expire at 10:00AM on check out day. Your codes will only work for the
times listed above. If you have difficulty with the lock, please call or text us at (727)868-5623. On check
out day, please follow check out procedures posted in the Property. Failure to leave the Property in good
condition and by the time designated as the end of the rental period will result in additional charges for
late checkout, cleaning such as trash not deposited in appropriate containers, evidence of smoking or
vaping, animal issues, illness of Guests, etc. Please initial here ________.
7) Guest Requirements and Communications:
The Responsible Guest placing the reservation must be at least 25 years old or be an active member of
the US military; be an occupant of the Property for the entire rental period; and must ensure compliance
with the occupancy terms by all other Guests listed on this Agreement and any invitees. The
Responsible Guest making this reservation agrees to be responsible for supervising all guests listed
herein and any additional invitees to insure that they comply with the terms of this agreement and all
rules and regulations of the Complex. All communications regarding the rental must be handled by the
Responsible Guest only as the point of contact. Reservations will be cancelled with no refund if Guest
provides false information, including failure to meet age requirements for the rental during the
reservation process. Please initial here ________.
8) Smoking, Vaping, Open Flame Candles and Grills:
Smoking and Vaping are prohibited inside the Property and on balconies/patios. Guests are prohibited
from using candles with open flames including outdoors on patios and balconies. Fire Department
Regulations do not allow grills on balconies. Guest agrees that any evidence of smoking and/or open
flames/candles (cigarette butts, ashes, smoke smell, burn holes, char marks) found after your departure
will result in an extra cleaning charges and charges for any damages billed to your method of payment
on file. Please initial here ________.
9) No Pets or Animals Allowed:
The property being rented does NOT allow pets and or other animals. Property Management has the
right to remove Guests who violate their policies. They require all service animals and Emotional
Support Animals (ESA) to be registered in advance and may deny entry to the property if you bring pets
or animals that do not qualify. This prohibition on animals is not a guarantee than an animal has not been
inside the Property or that the Property is free of allergens. If an animal that is not an approved ESA is
found in the Property or on the grounds during your stay, you agree to immediately remove the animal.
Failure to remove the animal will result in your party being removed from the Property. No refund of
unused nights will be issued. If evidence of an animal policy violation is discovered after checking out,
Guest agrees that Property Manager will charge up to a $500.00 fee to cover deep cleaning the Property
to the Guest’s method of payment on file. Please initial here ________.
10) Events:
Page of3 7
Hudson Beach Properties
Email: mike@hudsonbeachproperties.com
Phone: (727) 868-5623
DRAFT
We do not allow large events, parties, or functions to take place on the property during the Guest(s)
reservation. If the Property Manager concludes that this policy has been breached, the Property Manager
reserves the right to expel the entire party with no refund. Please initial here ________.
11) Non-Liability of the Property Managers:
The Property Manager is not responsible for any of the Guest’s valuables inside the property. This is the
sole responsibility of the Guest(s). Please initial here ________.
12) Parking:
There is one assigned spot in the front of the unit and Property Manager is not responsible for any
damage to your vehicle or if your vehicle is towed during your stay. Please initial here ________.
13) Catastrophic Events & Emergency Evacuations:
If a mandatory evacuation is ordered, you will receive a refund of the days the Property was unused.
Cleaning fees are not refundable once you have checked in. The Property Manager strongly
recommends that you purchase trip insurance to cover situations such as these and other unforeseen
circumstances. Please initial here ________.
14) Repairs and Maintenance Service Calls -Emergency Mechanical Failure:
The Property is rented with the Property Managers furniture and household furnishings. The Property
Manager shall not be responsible for providing additional furnishings or equipment not presently
available on Property. Guest(s) will report any maintenance issues, inoperative equipment or needed
repairs immediately to the Property Manager, if the office is closed call the after-hours information
number provided. Guest(s) understands and agrees that the Property Managers cannot guarantee against
mechanical systems failure during occupancy. The property managers also cannot guarantee that all
equipment is always in good operating order. The Property Managers will make every effort to repair
and/or replace any equipment that is not working properly quickly & efficiently. No refunds,
concessions, or rate adjustments will be made for these unforeseen circumstances. Should a repair
technician make a call to a rental property and find that the equipment is in working order and the
problem was due to the Guest(s) oversight or neglect, the charge for service can be at the Guest(s)
expense. Please initial here ________.
15) Air Conditioner:
Please note that elevated temperatures and humidity can cause HVAC units to freeze during warmer
months. Running the Air Conditioning with open windows or doors,
and\or setting the thermostat below 70 degrees will cause such freezing. Should this occur, the HVAC
must be turned off for up to 24 hours and the guest(s) are not eligible for compensation. Please initial
here ________.
16) Indemnity Clause:
Page of4 7
Hudson Beach Properties
Email: mike@hudsonbeachproperties.com
Phone: (727) 868-5623
DRAFT
Guest(s) hereby agrees to Indemnify and hold the Property Managers harmless from any and all claims
including those of third parties, arising out of or in any way related to Guest(s) use of Property or the
items of private property provided therein. Please initial here ________.
17) Owners’ Rights:
Guest(s) agrees that if the conditions and limitations set forth herein are not met, the Property Managers
shall have the right to cancel this agreement and may enter the Property to inspect the Property and
ensure that Guest(s) has vacated the property.
Please initial here ________.
18) Grievance Policy & Guest Complaints:
Please contact us immediately with any complaints or concerns. Guests have a duty to report any
complaint and to allow us or our vendors entry to the Property and a reasonable amount of time for us to
address the complaint. Housekeeping issues must be reported within 12 hours of arrival and will be
remedied by our housekeepers, NO refunds for housekeeping charges. Please initial here ________.
19) Property Surveillance:
Security systems that include surveillance cameras may record your activities. Guest(s) consents to the
presence of these recording devices. Please initial here ________.
20) Removal of Guests:
Guest agrees that Property Manager has the right to remove any persons in violation of Section 509.141
FL Statute (2017). Guest agrees that Property Manager has the right to remove Guest & Guest’s party for
breach of this Agreement, and Guest waives any statutory right to a refund if so removed. Property
Manager reserves the right to cancel or rescind any rental agreement if it is found that the Guest and/or
Guest Invitees are conducting unlawful activities, causing damage to the Property, disturbing others by
playing loud music, percussion, audio or instruments, or cause any loud or offensive noises, have made
any misrepresentations about their age, the nature or size of the group or use of the group or the use of
the Property or any other misrepresentations or any other way in breach of the rental agreement. Please
initial here ________.
21) Legal Terms:
Entirety: This is the entire agreement, superseding all related previous negotiations, agreements, and
UCC implied terms. Headings: Headings are solely for convenience, do not constitute part of the
agreement, and do not affect its interpretations. Interpretation: This agreement shall not be construed in
favor of the non-drafting party. Modification: Only the Property Manager of Property Manager has
authority to modify this Agreement. Any modification must be in writing, verbal modifications are not
permitted. Assignment: Any attempted assignment, delegation, or sublease of the Agreement is invalid.
Severability: If any provision of this Agreement is invalid or unenforceable under governing law, it
shall, to the extent possible, be construed or applied in such a manner as will permit enforcement;
otherwise, this Agreement shall be construed as if that provision had never existed. Warranties: No
warranties exist unless expressly stated herein. Property Manager warrants Property quality only to the
Page of5 7
Hudson Beach Properties
Email: mike@hudsonbeachproperties.com
Phone: (727) 868-5623
DRAFT
extent it satisfies legal and contractual requirements, notwithstanding any photographs or presentations
otherwise which, despite the Property Managers reasonable efforts otherwise, could be construed as not
being as described. Guest waives his or right to claim the Property was not as described. Discretion:
Property Manager has sole discretion concerning determination of breach or remedy, subject to good
faith and adherence to usual and customary practices in the vacation home market in Hudson, Florida.
Reliance: Guest acknowledges that he/she/it has not relied upon any current or prior representation or
understandings and waives any related rights or claims. Performance: The Property Manager is excused
from performance when made impracticable by the occurrence of a contingency, the non-occurrence of
which was a basic assumption on which the contract was made. Waiver: No breach of the Agreement
will be waived without the express written consent of the party not in breach. Remedies: The exclusive
remedy for breach of this agreement is limited to actual financial losses, and as governed in this
agreement, reasonable attorneys’ fees & costs, which is agreed to be an adequate remedy. Regardless of
the failure of the exclusive remedy, Property Manager will not be liable for consequential or incidental
damages. Liquidated Damages: Chargebacks: Guest waives any right to dispute a credit or debit charge,
request or demand a chargeback, or dispute that a detailed item description was provided, contact
information was clearly and prominently displayed, and grievance policy instructions were provided.
Forum: For litigation between the parties, in Pasco County, Florida, the exclusive forum for any claims
related to this Agreement unless there exists exclusive Federal jurisdiction, in which case it shall be the
US District Court for the Middle District of Florida. Choice of Law: Claims shall be governed by the
laws of Florida to the exclusion of all other laws, conflict of law principles, and legal theories. The
parties agree that any dispute resolution proceedings will be conducted only on an individual basis and
not in a class, consolidated or representative action. Parties waive any right to a jury trial.
Property Manager is entitled to reasonable attorneys’ fees and costs from the Guest for defending
chargeback demands, negative public, social media, BBB claims, administrative, or other complaints,
and litigation arising out of this Agreement or otherwise. Third Party Beneficiaries: No party has third
party beneficiary rights under this Agreement as any benefits received are merely incidental. Data
Usage: Guest consents to the use by Property Manager of its data, subject to governing law. Please
initial here ________.
22) Notice to Property Manager at mike@hudsonbeachproperties.com is proper only if e-mailed is
ACKNOWLEDGED: Please initial here ________.
23) I/we, the undersigned, hereby agree to the terms and conditions of this Rental Agreement for the above-
listed Property and warrant that I/we have read, understand, and agree to the terms and conditions
herein. I/we agree to abide by Property Owner/Complex restrictions on use of said Property. I/we further
understand and represent that I/we are executing this Agreement on behalf of all parties named on the
Guest list and any of their invitees. Please initial here ________.
________________________________ ___________________________
Property Managers Signature Date
Page of6 7
Hudson Beach Properties
Email: mike@hudsonbeachproperties.com
Phone: (727) 868-5623
DRAFT
________________________________ ___________________________
Guest Signature Date
Page of7 7
Hudson Beach Properties
Email: mike@hudsonbeachproperties.com
Phone: (727) 868-5623