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 Lance & Kristin Walters Owners of 145 Palmetto Drive Venice Florida 34293, (also referred to as “Palmetto Cottage”)
When and How Concierge Services is the Local Manager (also referred to as Local Contact). The Vacation Property is located at 145 Palmetto Drive Venice, Florida 34293 (the Vacation Property is also referred to as ”Vacation Property” and “Palmetto Cottage”). 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 an invoice from freshbooks that will link to an online payment portal for payment by Credit Card, or ACH wire transfer. There will be a fee associated with these types of payments. A personal or Bank check can be mailed in to avoid such fees.
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 guests. You must notify Lance & Kristin 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, GUESTS, & VISITORS AGE: The Renter, must be at least 26 years of age unless otherwise approved by owner prior to booking. All additional guests and visitors must be identified by name and age at time of booking.
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, or concierge services.
8. CLEANING: A cleaning charge is included in your Total Rental Cost. On departure leave all used beds stripped and unmade. Start a load of towels in the washer prior to departure, making sure to not overload the washer. Any additional towels shall be placed in the hamper provided for the cleaning staff. All pots and pans should be cleaned and put on drying racks or put away. All dinnerware, plates, bowls and glasses should be placed in the dishwasher with a dishwasher cleaning pod and started. Please discard used food from the cabinets and refrigerator. Trash should be removed from the home and placed in the black trash barrels on the east side of the garage. On Thursday take trash barrels and recycle bin out to the curb for pickup. Trash day is Friday. Bins should be returned to trash area after trash pick up. 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 located in the garage on the black shelf. If you need more please call When and How Concierge service. Please make sure the gas valve is turned off after use. The grill will be cleaned after the previous renters. As part of your clean-up before checkout please clean the BBQ with hot soapy water or the degreaser provided. Please be careful that you do not drip grease on the patio. This way each guest gets to start with a clean grill and is responsible for removing their own grease before the next renter. Leftover grease in the grill will attract wildlife looking for a quick meal, especially if no one is home. We will deduct $15 from your Security Deposit if we have to have House Cleaning address the BBQ.
10. DAMAGE: Damage to the Vacation Rental must be reported immediately to the Local Manager so that it may get repaired ASAP and not inconvenience the remainder of your stay or the guests coming in after you. DO NOT try to repair things yourself. Any Damage not reported by renter will be considered purposeful and will result in the full security deposit being kept plus the cost of the repair. 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. Only tissue paper may be flushed down the toilet. Renter will be 100% liable for all plumbing costs to unclog any drain or sewage/septic pipe.
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. pay per view, 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 adults that may occupy the Vacation Rental is six (6). This rule applies to Renter, and all members of the Renter's Party. 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 any children on the property must be directly related to the renter unless approved by owner.
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, 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 10:00 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 hot tub area. The location of these cameras also prevents any of them from viewing through any window on the property.
19. QUIET TIME: Quiet time is 10PM. 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 the 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 2 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 the driveway will be assessed to the Renter's Credit Card on file. Renter and their 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). Renter should immediately call When and How concierge service at (941) 525-2947 ext.1
and leave a detailed message on the voicemail if no answer. 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.
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. Palmetto Cottage has tile floors throughout which may be extremely slippery for wet feet. Floors in both bathrooms, and the kitchen are slippery when wet. Wet feet from the Spa entering the house or wet feet getting out of the shower or either bath tub may easily cause an unexpected fall and serious injury. Palmetto Cottage has non slip mats outside shower and tub. 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: No special accommodations have been made to “childproof” this house or property, and the renter assumes 100% of the risk or harm to any child the Renter allows on the property. These risks are not limited to, but include access to the spa, tubs, adjacent street, electrical outlets, cleaning supplies in the house or plants in the house, patio, or property that might be poisonous if ingested. Child equipment such as toys, porta cribs and the like were in working condition at time of purchase. The renter will not hold the owner liable for any manufacturing defect or damage done by other guests to such items that lead to harm, including death, to the child. Biting and stinging insects are very common at all times of the day. Venice has wildlife such as large preying birds, alligators, large snakes and sharks that pose danger to children and un-assuming adults. There are other harmful hazards not included on this list.
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. 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 spa 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 Lance and Kristin Walters, the Owner, 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 Palmetto Cottage owners 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. ATTORNEY’S FEES & COSTS: If the Owner employs the services of an attorney or attorneys to enforce any conditions of this Rental Lease Agreement, you shall be liable to the Owner for reasonable attorney’s fees and costs incurred by the Owner.
39. LIMITATION ON LIABILITY: UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, SHALL 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 THE OWNER BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNTS ACTUALLY PAID BY YOU IN CONNECTION WITH THIS LEASE AGREEMENT, EVEN IF THE OWNER SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
40. DISCLAIMER: Renters understand that 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
*** Credit Card Pymt - Transaction Fee Non Refundable
*** Mail In Payment - No Transaction Fee
• 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 of any collections (minus any Credit Card Transaction Fees)- Cancel 60+ days prior
• 50% Refund of deposit plus 100% refund of daily rate collections (minus any Credit Card Transaction Fees) – Cancel 30-60 days prior
• NO REFUND of deposit, 50% refund of daily rate collections – Cancel Less Than 30 days prior
• NO REFUND – Early departure from stay
• NO EXCEPTIONS to any cancellation policy
Check In –Check Out:
• Check-in: 3:00 PM
• Check-out: 10:00 AM
Restrictions:
• No Pets
• No Smoking
• No Parties or Events
• No RVs, no Trailers
• Minimum stay: 5 nights
• Maximum Stay: 3 months
Policies:
• Minimum 26 years of age required to sign Rental Agreement as well as takes responsiblilty for all guests and visitors
• 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
• FULL Refund of any collections (minus any Credit Card Transaction Fees)- Cancel 60+ days prior
•Cancel 30-60 days prior - 50% Refund of deposit plus 100% refund of daily/monthly rate collections (minus any Credit Card Transaction Fees)
• Cancel Less Than 30 days prior - NO REFUND of deposit, 50% refund of daily/monthly rate collections
