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<p>THIS AGREEMENT IS SUBJECT TO AND CONDITIONED UPON THE GUEST PAYING IN FULL ALL SUMS SPECIFICED ABOVE BY THE DUE DATE.</p> <p>SMOKING IS NEVER PERMITTED INSIDE THE PREMISES BY ANYONE. GUEST UNDERSTANDS SMOKING INSIDE THE PREMISES IS A MATERIAL BREACH AND DEFAULT OF THIS AGREEMENT AND TERMINATION OF THIS AGREEMENT SHALL BE IMMEDIATE AND GUEST WILL FORFEIT ANY MONIES BEING HELD IN ESCROW.</p> <p>THIS AGREEMENT IS A LEGAL AND BINDING CONTRACT AND MAY BE SUBJECT TO THE APPROVAL OF ANY CONDOMINIUM OR HOMEOWNER’S ASSOCIATION AS A CONDITION PRECEDENT TO ITS BEING A BINDING AGREEMENT. A GUEST’S SIGNATURE TO THIS AGREEMENT ACKNOWEDGES THEIR AGREEMENT WITH ALL TERMS AND CONDITIONS OF THIS AGREEMENT. ANY GUEST OCCUPYING A PROPERTY WITHIN A CONDOMINIUM OR HOMEOWNER’S ASSOCIATION SHALL ABIDE BY ALL RULES AND REGULATIONS OF SUCH ASSOCIATION.</p> <p>CHECK-IN IS ANY TIME AFTER 3PM. REFUNDS OR ADJUSTMENTS WILL NOT BE GIVEN FOR LATE ARRIVALS OR EARLY DEPARTURES FOR ANY REASON.</p> <p>CHECK-OUT IS 11AM. GUEST IS RESPONSIBLE FOR ANY DAMAGES AS A RESULT OF LATE CHECK-OUT. CHECK-OUTS OCCURING AFTER 11AM WILL RESULT IN FORFEIT OF SECURITY DEPOSIT.</p> <p>OCCUPANTS: ONLY THOSE DESIGNATED IN THIS AGEEMENT AS A GUEST SHALL OCCUPY THE PREMISES UNLESS WRITTEN CONSENT IS GIVEN BY OWNER OR OWNER’S AGENT; AND, FOR NO LONGER THAN 14 DAYS.</p> <p>ASSIGNMENT: THE GUEST SHALL NOT ASSIGN THIS AGREEMENT OR SUBLET THE PREMISES OR ANY PART OF THE PREMISES.</p> <p>ANY UNAUTHORIZED TRANSFER OF A PREMISES’ INTEREST BY THE GUEST SHALL BE A MATERIAL BREACH OF THIS AGREEMENT.</p> <p>CANCELLATION TERMS: IF A GUEST FAILS TO TAKE POSSESSION OF THE LEASED PREMISES OR OTHERWISE VACATES THE LEASE PREMISES PRIOR TO THE END OF THE LEASE TERM, THE GUEST SHALL FORFEIT ALL SUMS PAID PER THIS AGREEMENT, EXCEPT FOR ANY DEPOSITS WHICH SHALL BE DISBURSED AS SET FORTH HEREAFTER.</p> <p>ACCOMMODATIONS: GUEST ACKNOWLEDGES THE PREMISES ARE LEASED ON AN “AS IS” CONDITION. FURTHERMORE, GUEST ACKNOWLEDGES THAT PRIOR TO TAKING POSSESSION, HE OR SHE HAS INSPECTED THE PREMISES, EITHER PERSONALLY ON SITE OR BY INTERNET PHOTOGRAPHS DESCRIBING THE PREMISES, AND THAT THE PREMISES IS IN ACCEPTABLE CONDITION AND IS ACCEPTED “AS IS”. IF THE GUEST’S DESIGNATED PREMISES IS NOT AVAILABLE FOR ANY REASON, BROKER WILL USE BROKER’S BEST EFFORTS TO LOCATE A COMPARABLE SUBSTITUTE PREMISES FOR THE GUEST. IF BROKER IS UNABLE TO LOCATE A COMPARABLE SUBSTITUTE PREMISES FOR THE GUEST BEFORE THE LEASE COMMENCEMENT DATE, THE BROKER SHALL REFUND ALL SUMS PAID BY THE GUEST PER THIS AGREEMENT, AND THE GUEST RELEASES BROKER, THE OWNER AND THEIR AGENTS OF AND FROM ANY AND ALL OTHER CLAIMS, DAMAGES OR EXPENSES ARISING FROM OR RELATED TO THIS AGREEMENT AND THE PREMISES.</p> <p>EMERGENCY BREAKDOWNS: THERE WILL BE NO REFUNDS DUE TO MALFUNCTIONS OF APPLIANCES, AIR CONDITIONER, HEATING OR OTHER REPAIR OR MAINTENANCE ISSUES OF ANY TYPE OR ANY CAUSE. THE GUEST SHOULD IMMEDIATELY CONTACT THE BROKER FOR ANY NEEDED REPAIRS OR MAINTENANCE ITEMS.</p> <p>SEASONAL CLEANING/DAMAGE/UTILITY DEPOSIT: THE AGREEMENT DEPOSIT IS REQUIRED FOR ALL CONFIRMED RESERVATIONS AND SHALL NOT BE APPLIED TO THE RENT PAID BY THE GUEST. OWNER MAY APPLY THE DEPOSIT TO ELECTRIC, TELEPHONE, CLEANING CHARGES, TAXES AND DAMAGES OR ANY CHARGES DUE UNDER THE TERMS OF THIS AGREEMENT. DEPOSIT BALANCE, IF ANY, WILL BE REFUNDED AFTER OWNER RECEIVES ALL FINAL BILLS – THIS MAY TAKE UP TO 60 DAYS. DAMAGES CAUSED BY GUEST WILL BE DEDUCTED FROM THE DEPOSIT; HOWEVER, SUCH DEDUCTION DOES NOT LIMIT ANY AMOUNT THAT MAY BE CHARGED. GUEST AGREES TO SUBMIT PAYMENT FOR LONG DISTANCE, ELECTRIC, UTILITY CHARGES AS THEY ARE SUBMITTED TO GUEST DURING THE AGREEMENT TERM. ANY BALANCE OF ANY AMOUNT OWED AFTER GUEST CHECK-OUT WILL BE DEDUCTED FROM THE GUEST DEPOSIT. IF ANY ADDITIONAL SUM IS DUE OVER AND ABOVE THE AMOUNT OF THE GUEST DEPOSIT, THE GUEST AGREES TO IMMEDIATELY SEND SUCH ADDITIONAL PAYMENT TO BROKER AND/OR OWNER. UTILITY CHARGES MAY BE PRORATED BY THE OWNER IF BILLING PERIODS DO NOT CORRESPOND TO OCCUPANCY DATES.</p> <p>*OWNERS OR OWNER AGENTS ARE NOT PERMITTED TO PERFORM ANY GUEST EXIT CLEANING UNLESS WRITTEN AGREEMENT IS PROVIDED BY DELUCA REALTY, INC.</p> <p>AMENITIES: GUEST AGREES TO HOLD OWNER AND BROKER HARMLESS IN THE EVENT OF A FAILURE OF OR NON-AVAILABILITY OF ANY AMENITY. OWNER AND BROKER SHALL NOT BE LIABLE FOR ANY CHARGES THAT ARE A RESULT OF DIGITAL SERVICES INSTALLATION, INCLUDING UPGRADES TO BASIC SERVICE AND REMOVAL OF CABLE, INTERNET OR TELEPHONE LAND LINE EQUIPMENT.</p> <p>VEHICLES: ABSENT WRITTEN CONSENT BY THE OWNER OR BROKER, NO BOATS, MOTOR HOMES, TRAILERS, COMMERCIAL VEHICLES OR MOTORCYCLES SHALL BE PERMITTED ON THE PREMISES.</p> <p>RIGHT OF ENTRY: OWNER OR OWNER’S AGENT HAS THE RIGHT TO ENTER THE PREMISES WITH 24 HOURS NOTICE OR IMMEDIATELY IN THE EVENT OF AN EMERGENCY, OR TO PROTECT OR PRESERVE THE PREMISES. GUESTS SHALL NOT ALTER PREMISES OR ADD LOCKS WITHOUT PRIOR CONSENT FROM OWNER OR OWNER’S AGENT. IF OWNER DECIDES TO LIST THE PREMISES FOR SALE PRIOR TO BEGINNING OR DURING LEASE, GUESTS MUST ACCOMMODATE SHOWINGS, MINIMUM OF 2 DAYS A WEEK FROM 10AM -2PM.</p> <p>ATTORNEY’S FEES: SHOULD IT BE NECESSARY FOR OWNER TO EMPLOY AN ATTORNEY DUE TO GUEST’S VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT GUEST SHALL BE RESPONSIBLE FOR ALL COSTS AND REASONABLE ATTORNEY’S FEES INCURRED BY OWNER. OWNER AND GUEST WAIVE THE RIGHT TO DEMAND A JURY TRIAL.</p> <p>INDEMNIFICATION: GUEST AGREES TO INDEMNIFY AND HOLD HARMLESS OWNER, BROKER AND THEIR AGENTS FROM CLAIMS, SUITS OR DAMAGES OF ANY KIND FROM OR RELATED TO ANY ACTS OR OMISSIONS OF GUEST OR GUEST’S GUEST. GUEST AGREES TO INDEMNIFY AND HOLD HARMLESS FROM DAMAGES AND LOSSES OF ANY KIND, INCLUDING DAMAGES AND LOSSES ARISING FROM BROKER’S NEGLIGENCE.</p> <p>MISCELLANEOUS CHARGES: GUEST MUST PAY FOR ANY LOCKSMITH AND ASSOCIATION CHARGES TO REPLACE KEYS, MAKE KEYS, OR REPLACE A LOCK, AS WELL AS POOL TAGS, PASS, OPENER, OR LOCKOUT. LOST OR UNRETURNED KEYS WILL INCUR A CHARGE OF $200 AND WILL BE DEDUCTED FROM THE GUEST’S DEPOSIT.</p> <p>MOLD/RADON GAS/HAZARDOUS MATERIALS: IT IS UNKNOWN IF RADON GAS, MOLD OR HAZARDOUS MATERIALS ARE PRESENT AND 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 OR OUTSIDE THE PREMISES CAN INCLUDE CLEANING CHEMICALS, PAINT, LAWN AND GARDEN CHEMICALS, INDOOR AIR POLLUTANTS THAT CAN ACCUMULATE IN IMPROPERLY VENTILATED BUILDINGS, MOLD, LEAD BASE PAINT, FORMALDEHYDE, FOAM INSULATION AND RADON GAS. INFORMATION PERTAINING TO THOSE SUBSTANCES IS AVAILABLE FROM THE EPA AND FLORIDA DEPARTMENT OF HEALTH.</p> <p>MAINTENANCE: OWNER IS RESPONSIBLE FOR MAINTAINING THE PREMISES UNLESS DAMAGE IS CAUSED BY THE GUEST’S MISUSE OR NEGLECT. THE GUEST AGREES NO RENT REDUCTION OR ABATEMENT WILL BE GIVEN UNLESS THE PREMISES IS DEEMED TO BE COMPLETELY UNINHABITABLE. GUEST MAY NOT MAKE ANY CHANGES TO THE PREMISES AND MUST PUT FURNITURE BACK TO ITS ORIGINAL PLACEMENT IF MOVED. BROKER WILL ORDER REPAIRS IN A TIMELY MANNER ONCE NOTIFICATION IS GIVEN BY GUEST. BROKER HAS NO CONTROL OVER THE SCHEDULE OF QUALIFIED VENDORS. ANY WORK PERFORMED BY THE CONDOMINIUM OR HOMEOWNERS ASSOCIATION IN THE PREMISES OR BUILDINGS, NEARBY BUILDINGS, GROUNDS OR COMMON AMENITIES IS NOT REASON FOR REFUND OR CANCELLATION OF THIS AGREEMENT AFTER CHECK-IN DATE. BROKER SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES, INCLUDING INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING THOSE CAUSES BY OWNER’S FAILURE TO PERFORM REPAIRS AND MAINTAIN THE PREMISES.</p> <p>GUEST AGREES THAT IN THE EVENT THERE ARE HURRICANE OR STORM SHUTTERS ON THE PREMISES, GUEST IS RESPONSIBLE FOR INSTALLATION IF THERE IS A HURRICANE OR TROPICAL STORM WATCH OR WARNING IN EFFECT AND/OR AT THE REQUEST OF THE PREMISES PROPERTY MANAGER OR OWNER. IF THE GUEST IS UNABLE TO PERFORM THIS TASK, THE GUEST AGREES TO NOTIFY OWNER OR PREMISES PROPERTY MANAGER AS SOON AS A STORM WATCH OR WARNING IS ISSUED.</p> <p>AGENCY: GUEST UNDERSTANDS AND AGREES THE BROKER WILL BE COMPENSATED BY THE OWNER. DELUCA REALTY SHALL NOT BE LIABLE TO OWNER DUE TO: (1) EARLY LEASE TERMINATION; (2) DAMAGE TO THE PREMISES REGARDLESS OF CAUSE; AND THEFT.</p> <p>INSURANCE: OWNER SHALL OBTAIN AND PAY FOR PREMISES CASUALTY, LIABILITY, FLOOD AND WIND INSURANCE. IN THE EVENT THE AGREEMENT TERM IS GREATER THAN 6 MONTHS; GUEST SHALL BE SOLELY RESPONSIBLE TO OBTAIN AND PAY FOR ANY RENTER’S INSURANCE FOR THE GUEST’S PROPERTY.</p> <p>DAMAGE INSURANCE: GUEST HAS THE OPTION TO PURCHASE A NON-REFUNDABLE $70 DAMAGE INSURANCE POLICY WHICH COVERS $3000 IN PROPERTY DAMAGE. OTHERWISE, GUEST IS LIABLE FOR ANY AND ALL DAMAGES UPON DEPARTURE OF PROPERTY REGARDLESS OF FINANCIAL AMOUNT.</p> <p>UTILITIES: GUEST SHALL PAY ALL CHARGES AND ANY DEPOSIT FOR UTILITY SERVICES TO THE PREMISES DURING THE AGREEMENT TERM; EXCEPT… Water, Sewer, Garbage, Electric up to $75, & WI-FI PER MONTH, WHICH OWNER SHALL PROVIDE AT OWNER’S EXPENSE.</p> <p>IF GUEST ELECTS TO RENEW THIS AGREEMENT ON THE EXISTING TERMS AND CONDITIONS OR SHALL AGREE WITH THE OWNER TO A NEW AGREEMENT UPON SUCH TERMS AND CONDITIONS AS GUEST AND OWNER SHALL AGREE; THEN, DELUCA REALTY, INC. SHALL BE ENTITLED TO COMPENSATION EQUAL TO 1 MONTH’S RENT OR 16% OF THE RENT DUE FOR A TERM OF LESS THAN 6 MONTHS. SUCH COMPENSATION SHALL BE PAID BY OWNER TO DELUCA REALTY, INC. WHEN THE RENEWED LEASE AGREEMENT TERM SHALL BEGIN OR, WHEN THE NEW AGREEMENT TERM SHALL BEGIN.</p> <p>ALL NEW LEASE AGREEMENTS ASSOCIATION APPLICATION FEES, IF APPLICABLE</p> <p>GUEST UNDERSTANDS THAT UPON RENTING THE PREMISES SIGHT UNSEEN, YOUR SIGNATURE ON THIS AGREEMENT RELEASES BROKER AND ITS REPRESENTATIVES FROM ANY PREMISES DEFICIENCIES GUEST MAY FIND UPON ARRIVAL.</p>