SHORT-TERM RENTAL AGREEMENT
1400 Lake Drive, Delray Beach, FL, 33444
SHORT-TERM RENTAL AGREEMENT
1400 Lake Drive, Delray Beach, FL, 33444
THIS SHORT TERM RENTAL AGREEMENT (“Agreement”) serves as a contract between guest renting a vacation property (“Property”), hereinafter “You” or “Your” and Owner of the Property. The term “Management” is used to refer to Brampton Park, Rentals, Inc. Please review the terms and conditions relating to your reservation. BY ACCEPTING THIS AGREEMENT, YOU ACKNOWLEDGE, AGREE, AND CONSENT TO ALL RENTAL TERMS AND CONDITIONS CONTAINED HEREIN OF OWNER.
Minimum age of 40yrs old for the primary Renter.
Please note that All guests are required to go through an ID verification process after booking
1. Check-in
Upon receipt of your payment your Reservation Confirmation will be emailed to you. Check-In time is from 12:00 P.M.
2. Check-out
Check-out is before 2.00PM on the day of departure. The Property will be inspected and cleaned upon your departure and a cleaning fee has been included in your total rental fee. If you would like a late check-out, please make arrangements with Management at least 24 hours in advance. Late departure will be allowed at Owner’s discretion. No refund will be given for early departure.
3. Cancellation Policy
3.1. Cancellations. No cancellations will be refunded.
3.2. COVID-19 and Pandemic-Related Cancellations. There will be NO REFUNDS. Guest makes the reservation knowing and assuming the risk of any State and/or local government-issued mandates concerning lockdowns and other matters that may affect Guest’s stay at the Property. Furthermore, it is the responsibility of the Guest to ensure proper testing and take all reasonable measures to avoid contracting COVID-19 and/or other illnesses prior to or during his or her stay at the Property. To be clear, under NO circumstances will refunds be provided and no stays will be extended due to COVID-19 and/or other illness.\
4. Special Needs Guests
When traveling with individuals that are elderly, have a disability or other special needs, Guest agrees to contact Management in advance so that they may help with reasonable accommodations at Property for a convenient and accessible stay. Please be advised that vacation rentals are considered under the law to be private homes and are not subject to the Americans with Disabilities Act.
5. Lost Property Items
While using the Property, you will be responsible for safeguarding all Property items. If any of the Property’s items are lost, you will be billed for the cost of such item at check-out.
6. Smoking
No smoking, Vaping, E-Cigarettes, or any smoking/vapor device on the property (inside or outside). There are absolutely no exceptions. If there is evidence of smoking/vaping ANYWHERE inside or on the outside premises of the Property, 100% of your security deposit will be retained for smoke remediation and you will be asked to vacate the Property immediately without a refund.
7. Damage to Property
If upon your departure, it is discovered that you have caused any damage to the property, the amount in damages will be deducted from your security deposit and you will be responsible to pay for any amount in damages exceeding that deposit.
8. Pet Policy
All Pets need to be pre-approved by management before booking. Approval will require an interview and Guest may be required to provide supporting documentation.
9. Maximum Occupancy
The property has a specific maximum occupancy, including day guests and overnight guests. The maximum occupancy for overnight guests is limited to 10 persons and the maximum occupancy for day guests is 10 persons. Exceeding the maximum occupancy may incur additional fees and the guest will be asked to leave without any form of refund.
10. Rental Restrictions
Guest must be at least forty (40) years of age to reserve the Property and check-in. Submitting a reservation request authorizes management to perform a background check which may include a credit inquiry. Management reserves the right to refuse rental to any party based upon information obtained from a background check. A government-issued Identification is required.
11. Trash Removal and Cleanliness
We expect all guests to keep the Property reasonably clean and to remove all trash items regularly and place them in the appropriate bins. Guest may incur additional fees if the Property is found to have been excessively dirty upon the guest’s departure.
12. Entry upon Emergency
Owner, Management, or any other designated party by owner, may enter the Property at any time in the event of an emergency.
13. Parking
There will be six (6) available parking spaces at the Property, four (4) in the driveway and two (2) in the garage. Owner is not responsible for any damage to vehicles, for any reason beyond Owner’s control, including but not limited to vandalism or theft, and guests park at the available parking spaces at their own risk.
14. Security System
Guest understands that the Property may not be equipped with a security system, and if one is in place, it is not warranted to be complete in all respects or to be sufficient to protect Guests or the Premises. Guest releases Owner from any loss, damage, claim or injury resulting from the failure of any security system or from the lack of one.
15. Recreational Equipment
The property is equipped with the following recreational equipment:
- Fire Pit
- Paddleboards
Guests shall use all reasonable measures to ensure their safety while using any recreational equipment and do so at their own risk.
15.1. Fire Pit. Principal Guest (who made the reservation) MUST thoroughly read and agree to the waiver and release of liability for Fire Pit use, attached hereto and incorporated herein as Exhibit A, before any guest uses the Fire Pit. By using the Fire Pit, guest acknowledges that there are certain inherent risks associated with its use and guest chooses to use it solely at his or her own risk.
15.2. Paddleboards. Before guests are allowed to use the Paddleboards on the Property ALL guests must thoroughly read the waiver and release of liability attached hereto and incorporated herein as Exhibit B, and the Principal Guest hereby agrees to it. By using the Paddleboards, guest acknowledge that there are certain inherent risks with its use and choose to use it solely at their own risk.
16. Lake Property
The Property is a lake front property and guest acknowledges that there are natural hazards with activities in a lake setting and assume full responsibility and all risk of accident, serious injury, death or damage to guest, minor children, and/or property.
Owner has taken reasonable measures to place a fence between the Property and the lake, but it is guest’s responsibility to ensure that the fence is locked at all times and that no minor children are left unsupervised near the fence or in the lake area. By signing this Agreement, guests acknowledge that Owner has taken all reasonable measures to ensure the safety of its guests related to the lake front property. Guests agree to indemnify Owner, its agents and affiliates, for any claims, damages, or lawsuits arising out of guests’ failure to abide by this Section 16.
17. Guest’s Orderly Conduct
The Property being occupied by Guest and Guest’s visitors is a single-family residential neighborhood. To ensure use of the Property does not create a nuisance, or in any way disrupt the residential character of the neighborhood, Owner prefers renters who are: (1) families, (2) business owners, their employees, or their representatives, or (3) other responsible groups. Notwithstanding the above, any guests who occupies the Property in a manner that disrupts the residential character of the neighborhood, may be held legally liable for any violations or citations, including payment of any fines or penalties incurred as a result of a Guest’s stay, or resulting from any disruptive behavior.
18. Hurricane Policy
This Property is located in Florida, where Hurricanes are a common seasonal occurrence. As such, Owner does not offer refunds or rescheduling of trips due to hurricane activity. If you are concerned about possible interruptions, cancellation, or delayed travel due to tropical occurrences, you are strongly encouraged to book on dates where Hurricane are not likely to occur. Hurricane season is between the month of June and the end of November.
19. Indemnification
The Guest shall not do or permit any act or thing to be done upon the Property which may subject Owner to any liability or responsibility for injury, damages to persons or property or to any liability by reason of any violation of any laws, rules, ordinances, regulations, statutes, requirements, restrictions, and codes affecting the rental premises or any portion thereof or affecting the maintenance, use of occupation of the Property or any portion thereof.
The Guest shall exercise such control over the Property as to fully protect Owner against any such liability. The Guest shall indemnify and save Owner, and Owner’s respective successors, assigns, employees, affiliates and agents (“Indemnitees”), from and against (i) all claims of whatever nature against the indemnitees arising from any act, omission or negligence of the Guest, its contractors, licensees, agents, servants, employees, invitees, or visitors; (ii) all claims against the indemnitees arising from any accident, injury, or damage whatsoever caused to any person or to the property of any person and occurring during the term in or about the rental premises; (iii) all claims against the indemnitees arising from any accident, injury or damage occurring outside of the rental premises but anywhere within or about the real property of which the Property is a part, where such accident, injury or damage results or is claimed to have resulted from an act, omission, or negligence of the Guest or Guest’s contractors, licensees, agents, servants, employees, invitees, or visitors; and (iv) any breach, violation or non-performance of any covenant, condition or agreement in this lease agreement set forth and contained on the part of the Guest to be fulfilled, kept, observed and performed. This indemnity and hold harmless agreement shall include indemnity from and against any and all liability, fines, suits, demands, costs and expenses of any kind or nature (including and without limitation, reasonable attorney’s fees and disbursements) incurred in or in connection with any such claim or proceeding brought thereon, and the defense thereof. Indemnitees’ liability shall be limited to the extent of any insurance proceeds collectible by Indemnitees under policies owned by Owner or such injured party with respect to such damage or injury.
22. Short-Term Vacation Rental – No Lease
This Agreement is for temporary use of a vacation rental property for temporary vacation stay. THIS AGREEMENT IS NOT A LEASE AND CONVEYS NO RIGHTS IN REAL PROPERTY. By agreeing to the Terms & Conditions, Guest stipulates, acknowledges, and agrees that Guest has not and will not receive a real property interest in, or rights to, the vacation rental Property.
21. GENERAL
21.1. Assignment. Guest shall not assign or transfer this Agreement, or any rights or obligations hereunder, under no circumstances whatsoever. This Agreement shall be binding upon, and enforceable by, and shall inure to the benefit of the Parties hereto and their respective successors and permitted assigns. To be clear, NO ASSIGNMENT AND NO SUB-LETTING IS PERMITTED.
21.2. Governing Law. The validity, construction, and effect of this Agreement and the respective rights and obligations of the Parties hereunder shall be governed by and determined in accordance with the laws of the State of Florida and all rights and remedies shall be governed by such laws without regard to principles of conflicts of laws. The Parties agree to submit to the jurisdiction of the federal or state courts sitting in Florida in connection with any claims or controversy arising out of this Agreement and that venue for such actions shall be within the State of Florida.
21.3. Attorney’s Fees And Costs. If any action or proceeding arising out of or relating to this Agreement is commenced, the prevailing Party shall be entitled to its reasonable attorney’s fees and costs, including expenses and fees associated with the enforcement or collection of any judgment.
21.4. Severability. In the event any one or more of the provisions of this Agreement is invalid or otherwise unenforceable, the enforceability of remaining provisions shall be unimpaired.
21.5. Force Majeure. Subject to the obligations set forth in Section 3.2. and Section 18 and without waiving same, no delay, failure, or default will constitute a breach of this Agreement to the extent caused by acts of war, terrorism, earthquakes, other acts of God or of nature, strikes or other labor disputes, riots or other acts of civil disorder, embargoes, act of Governmental Authority and/or state of emergency, or other causes beyond the performing party’s reasonable control.
21.6. Complete Agreement. This Agreement and the exhibits attached hereto (which are incorporated herein by reference as though fully set forth herein), constitute the entire agreement between the Parties with respect to the subject matter and supersedes any prior or inconsistent agreements, negotiations, representations and promises, written or oral.
EXHIBIT A
WAIVER AND RELEASE OF LIABILITY FOR FIRE PIT USE
In consideration of the use of the Property’s Fire Pit, and in order for me to participate in any activities with its use, I agree as follows:
I am the guest who made the reservation for this Property rental (“Principal Guest”). I, for myself and guests and/or invitees associated with my use of the Property (“Guests”), waive and release the Owner, Owner’s respective successors, assigns, employees, affiliates and agents and agree to hold the Owner, Owner’s respective successors, assigns, employees, affiliates and agents harmless as to any and all claims, demands, causes of action, lawsuit, losses, injuries and liabilities arising out of or in any manner related to or in connection with the fire pits, except where solely due to the gross negligence and/or willful act or omission of the Owner. This Waiver and Release includes, but is not limited to, claims such as for personal/bodily injury, death and damage to or destruction of property. The Principal Guest acknowledges that the fire pits involve risks including but not limited to personal injury, death, property damage and the like. The Principal Guest shall be responsible for the conduct of all persons who use the fire pits and assumes any and all risks associated with the fire pits, including negligent and/or intentional acts or omissions by any person inside the Property.
I HAVE READ THE WAIVER AND RELEASE AND AGREE IT IS MY INTENTION TO EXEMPT AND RELIEVE OWNER FROM LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY NEGLIGENCE OR ANY OTHER CAUSE.
EXHIBIT B
WAIVER AND RELEASE OF LIABILITY FOR USE OF PADDLEBOARDS
In consideration of the use of the Property’s Paddleboards, and in order for me to participate in any activities with its use, I agree as follows:
I fully understand and acknowledge that: (a) outdoor recreational activities have inherent risks, dangers, and hazards and such exist in my use of water equipment such as a Paddleboards, (b) my participation in such activities and/or use of the Paddleboards may result in injury or illness including, but not limited to bodily injury, disease, strains, fractures, partial and/ or total paralysis, death or other ailments that could cause serious disability; (c) these risks and dangers may be caused by the negligence of the Paddleboards’ owners, employees, officers or agents or the negligence of participants, forces of nature or other causes. Risks and dangers may arise from foreseeable or unforeseeable causes including, but not limited to, weather or risk of falling out of or drowning while Paddleboarding and such other risks, hazards and dangers that are integral to recreational water activities that take place in a body of water.
By my participation in this activity and/or use of the Paddleboards, I hereby assume all risks and dangers and all responsibility for any loses and/or damages, whether caused in whole or in part by the negligence or other conduct of the owners, agents, officers, or employees of Property Owner, or by any other person including myself. I also verify that I am in good health, will not use the Paddleboards under the influence of any drugs or alcohol of any kind, and am capable of Paddleboarding safely, and that my participation in this activity is voluntary. I also agree to wear, at all times during the use of the Paddleboards, a properly secured U.S. Coast Guard approved personal floatation device, of type 3 or better.
I, on behalf of myself, my personal representatives and my heirs, hereby voluntarily agree to release, discharge, hold harmless, defend and indemnify Property Owner and Owner’s respective successors, assigns, employees, affiliates and agents, from any and all claims, actions or losses for bodily injury, property damage, wrongful death, loss of services or otherwise which may arise out of my use of the Paddleboards. I specifically understand that I am releasing, discharging, and waiving any claims or actions that I may have at present time or in the future for the negligent acts or other conduct by the Owner, Owner’s respective successors, assigns, employees, affiliates and agents.
I HAVE READ THE WAIVER AND RELEASE AND AGREE IT IS MY INTENTION TO EXEMPT AND RELIEVE OWNER FROM LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY NEGLIGENCE OR ANY OTHER CAUSE.
100% safe & SECURE