JAY D BIRDS ON THE WATER, LLC
Vacation and Short-Term Rental Agreement / Terms and Conditions Agreement
This rental agreement is entered into by and between the renter, hereinafter referred to as “GUEST(S)” & JAY D BIRDS ON THE WATER, LLC, 19240 SE HWY 42 WEIRSDALE, FL 32195 hereinafter referred to as “JAY D BIRDS”. This agreement constitutes a contract between the GUEST(S) and JAY D BIRDS. Please read this Vacation and Short-Term Rental Agreement thoroughly. Any money received by JAY D BIRDS for occupancy of vacation property indicates the acceptance of the terms and conditions of this Agreement. It is the responsibility of the GUEST(S) to be familiar with all policies within this Agreement. This occupancy will be in the form of a Vacation Rental only and not constitute a permanent or primary residence or other tenancy.
TERM OF LEASE: The lease begins at 3 p.m. EST on the “Check-in Date” and ends at 11 a.m. EST on the “Check-out Date”. JAY D BIRDS will consider, but will not guarantee, early Check-In or late Check-Out depending on property availability and cleaning schedule.
MAXIMUM OCCUPANCY: If the maximum occupancy is exceeded, GUEST(S) and all guests are subject to immediate removal and forfeiture of their security deposit and rental payment. Any day visitors must be approved prior to arrival.
RESERVATION DEPOSIT: A reservation deposit in the full amount of the reservation will be due at the time of booking. The deposit will be non-refundable as of fourteen (14) days prior to the occupancy date. The occupancy date shall be the first day of the rental period.
CANCELLATIONS: Cancellations are required to be in writing or by electronic means. GUEST shall be entitled to a refund, less any non-refundable fees, if the reservation is canceled more than fourteen (14) days prior to the occupancy date. GUEST shall not be entitled to a refund of any amounts paid if the cancellation occurs within fourteen (14) days of the occupancy date. If this occurs, GUEST(S) will receive a credit for the total amount paid that can be used towards a future stay. The credit must be used within one year (from the date of the missed stay). JAY D BIRDS highly recommends purchasing a Travel Insurance Policy.
SMOKING: No smoking is allowed inside of the Tents, Cabins, or RV Rentals. Smoking is allowed in designated areas and must be discarded in the proper receptacles.
PETS: Pets are allowed on the premises but must be leased at all times. JAY D BIRDS reserves the right to exclude or remove any animal from the premises, including a Service Animal, if the animal is out of control and the animal’s handler does not take effective action to control it, the animal is not housebroken, or the animal’s behavior poses a direct threat to the health and safety of others. If there is evidence of pets without notice, additional cleaning fees will be charged to the credit card on file.
RESPONSIBLE PARTY: GUEST must be at least 25 years old and must occupy the property for the entire reserved period, unless written approval for other arrangements is obtained from JAY D BIRDS. Valid government identification for the GUEST and any occupants must be provided upon request.
FALSIFIED RESERVATIONS: Any reservation obtained under false pretense will be subject to forfeiture of advance payment, deposit, and/or rental money, and the GUESTS and any guests will not be permitted to check-in.
MAINTENANCE: It is understood that major systems within and around the property, such as air conditioning, washer, dryer, refrigerator, etc., may experience breakdowns from time to time. JAY D BIRDS will make efforts to promptly address and repair any issues upon notification by the GUEST.
REBATES AND REFUNDS: There will be no rebates or refunds given for inoperable appliances or faulty equipment, unfavorable weather, early departure, interruption of utilities, construction in the area, insects inside or outside, or other maintenance problems.
SUBSTITUTION OF ACCOMMODATIONS: Certain circumstances may cause GUEST’S confirmed rental to become unavailable. Therefore, JAY D BIRDS reserves the right to substitute comparable accommodations. JAY D BIRDS cannot guarantee the confirmed rate in these circumstances; however, accommodations and rates will be subject to GUEST’S approval. Should the above Property become unavailable or uninhabitable during the specified time due to unforeseen circumstances, including, but not limited to, hurricanes, storms, vandalism, flood, Owner’s actions, or so called “Acts of God”, JAY D BIRDS will use reasonable efforts to present a property of comparable quality and utility, which then becomes the Property subject to this agreement. If GUEST requests a return of paid funds, this agreement becomes null and void for all parties.
ACCESS: GUEST agrees to allow access of any rental to JAY D BIRDS and its agents upon reasonable notice (no less than 8 hours unless due to emergency or urgent circumstances) by telephone or in person. Agents include but are not limited to, plumbers, electricians, rental companies, pest inspection, etc. JAY D BIRDS reserves the right to inspect the premises and property interior upon 24 hours’ notice to GUEST. GUEST agrees not to deny access. If GUEST refuses to allow access to JAY D BIRDS or any agent designated by OWNER, JAY D BIRDS reserves the right to terminate the GUEST’S rental and GUEST will immediately vacate the premises upon demand by JAY D BIRDS and will forfeit the rental payment.
REMOVAL POLICY: In addition to any other breach or violation of this Agreement, GUEST acknowledges and agrees that JAY D BIRDS may remove or cause to be removed from the property any guest or occupant who, while at the property, illegally possesses or deals in controlled substances, violates any of the terms of this agreement, or who indulges in language or conduct which disturbs the peace and comfort of other guests or neighbors or which constitutes a nuisance or which injures the reputation, dignity or standing of the property or anyone who fails to check-out at the agreed-upon time unless an extension of time is especially agreed to by JAY D BIRDS and the GUEST prior to check-out. Any notice to vacate may be given orally or in writing by JAY D BIRDS to GUEST or occupant. If any GUEST who is asked to vacate early has paid in advance, JAY D BIRDS may retain any security deposit paid without further notice as agreed upon liquidated damages, and in consideration for the execution of this Agreement JAY D BIRDS reserve the right to proceed with a claim for damages.
END OF TERM: At the end of the term, the GUEST shall leave the premises clean and in good condition, remove all GUEST property, and shall be liable for the repair of any and all damages caused during their stay beyond normal wear and tear.
SUBLET: GUEST shall not sublet or assign this agreement without the written consent of JAY D BIRDS.
REPRESENTATION: JAY D BIRDS and its representatives of the property, pursuant to Florida law, are not responsible for loss, theft, or personal injury resulting from GUEST’S use of the subject property.
LIABILITY: By signing this Agreement, GUEST(S) warrants that the GUEST(S), and all persons accompanying GUEST(S), to include guests, agree to hold harmless JAY D BIRDS and his/her agents and assigns, from any liability due to injury, loss of life or loss of property by the GUEST(S) or any persons accompanying the GUEST(S).
HOLD HARMLESS AND INDEMNITY: GUEST is responsible for and shall indemnify JAY D BIRDS ON THE WATER, LLC and OWNERS, upon demand and hold them harmless from any and all claims, liability, demands, actions, causes of action, expenses, damages, losses or injuries sustained by any person including GUEST, GUEST’S family, agents, guests or invitees as a result of or arising from the GUEST’S occupancy of the subject property, including but in no way limited to claims arising from the use of the water area, entertainment area or dock which are part of the premises. GUEST shall also be liable and indemnify OWNERS and JAY D BIRDS upon demand for reasonable attorney’s fees and court costs, including the cost of appeals, incurred by OWNERS and JAY D BIRDS in enforcing any of the terms, covenants or conditions of this Agreement or which are sustained by OWNERS or JAY D BIRDS as a result of or arising from or during GUEST’S subject occupancy and tenancy. By signing this agreement, GUESTS, and any guests or occupants of the property during the rental term, expressly warrant and agree to waive and give up any right to sue OWNERS, JAY D BIRDS, or any of their officers, agents, or assigns (released parties), and to exempt and release said released parties from any and all liability arising as a consequence of any act or omission, including but not limited to, active or passive negligence, on the part of the released parties.
DISPUTE RESOLUTION: This agreement will be construed under Florida law. All controversies, claims, and other matters in question between the parties rising out of or relating to this agreement or breach thereof will be settled by first attempting mediation under the rules of the American Mediation Association or other mediator agreed upon by the parties. Any dispute not resolved by mediation shall be settled by binding arbitration using the Real Estate Industry Arbitration Rules of the American Arbitration Association (https://www.adr.org) unless the parties mutually agree to use other arbitration rules. The arbitrator may not alter the terms of this contract nor award any remedy not provided for in this Contract. The parties shall be allowed discovery in accordance with the Florida Rules of Civil Procedure.
SECURITY DEPOSIT: A security deposit is required to book specific rentals offered by JAY D BIRDS. Depending on the unit, GUEST may be required to pay a security deposit. The will be noted in the description when booking.
CREDIT CARD: GUEST must have a valid credit card on file for the reservation. JAY D BIRDS is authorized to charge for rental amounts, taxes, security deposits, cleaning fees, missing property, damages, fines, and violations of the rental agreement. If the credit card cannot cover the costs, the GUEST must provide an alternative method of reimbursement within 48 hours.
HURRICANE EVACUATION: Should Marion County be placed on a mandatory hurricane evacuation order; GUESTS must vacate the property. If you have a special situation requiring assistance, please contact our office. JAY D BIRDS will provide a prorated rebate.
CLEANING FEE: Cleaning fees are collected for each rental property and vary in price depending on the requirements of the property. The cleaning is for a one time post-departure cleaning required on all properties. GUESTS are required to leave premises clean and undamaged. Any additional cleaning over the previously collected amount will be billed to the credit card on file.
LINENS: Standard departure cleaning fee includes laundering of one sheet set for each bed and towel bath sets equivalent to maximum occupancy of the property. Beds do not have to be stripped at Check-Out.
DISHES: (If applicable) Please load and start the dishwasher prior to departure. If the property does not have a dishwasher, please wash and leave to dry on the counter.
REFRIGERATOR/PANTRY: The refrigerator and pantry must be emptied at check-out. Unopened items can be left for housekeeping.
LOST AND FOUND / PERSONAL PROPERTY: JAY D BIRDS and OWNERS are not responsible for any personal property lost, stolen, or damaged within the Property. If GUESTS have lost an item during their stay, please notify JAY D BIRDS as soon as possible. We will use reasonable effort to help locate the missing item. If we discover any personal property, JAY D BIRDS will notify GUEST to arrange return. GUEST is responsible for shipping charges plus any applicable handling fee.
MINOR DAMAGE: Immediately report any spills or minor damage to JAY D BIRDS allowing us the opportunity to make any repairs or clean-up. Most accidents can be taken care of with little to no expense and allowing you to continue to enjoy your vacation.
TRASH: All interior and exterior trash must be collected and properly disposed of in the exterior dumpster at check out. Excessive trash and overflowing cans will result in additional fees and be billed to the credit card on file.
SECURITY CAMERAS: Exterior security cameras may be present around the rental property to prevent damage, reduce criminal activity, and monitor suspicious behavior. These cameras are solely for the protection of GUEST(S) and the property, and there are no cameras located inside any rentals.
FURNITURE: All interior and exterior furniture must be left in the originally placed locations.
ALTERATIONS: GUEST(S) shall not make any interior or exterior alterations to the property. Should any Property items need attention, please contact JAY D BIRDS. If any un-permitted alterations are made, GUEST(S) shall be liable for cost to bring the property back to its original condition.
DOORS, WINDOWS, A/C: (If applicable) If windows and doors are opened, the air conditioning must be shut off. Upon departure, all doors and windows must be closed and locked and the air conditioning set at 78 degrees. If your property has a physical key, please return to a member of JAY D BIRDS upon departure.
REFRIGERATORS AND FREEZERS: (If applicable) Please do not store bait in refrigerators or freezers. If discovered an additional cleaning fee will be charged to the credit card on file.
NOISE AND DISTURBANCES: GUESTS(S) agree to behave in a civilized manner, be a good neighbor, and respectful of the rights of your surrounding neighbors. A county noise ordinance requires that all music be turned off from 10 PM - 7AM. JAY D BIRDS has a zero-tolerance policy towards house, group, or bachelor/bachelorette style parties. If any complaints are received local law enforcement will be called. Should the issue giving rise to the complaint not be immediately corrected GUESTS(S) will be required to vacate the premises forfeiting, as agreed upon liquidated damages, the balance of the rental amount and any security deposit.
CERTIFICATION: I or we, the GUESTS, hereby certify and consent that I/we have read the entire Agreement and Terms and Conditions Agreement and agree to the terms and will comply with them during the course of this vacation rental.
ADDITIONAL TERMS AND CONDITIONS: GUEST expressly agrees that this Agreement is also subject to the Terms and Conditions Agreement provided to GUEST.