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Terms and conditions
Thank you for choosing to stay with Elite 30A, LLC for your upcoming vacation!
Below you will find details about your upcoming stay as well as the terms and conditions of your rental of the Premises.
Standard Rental Terms: In addition to the specific terms described above, this reservation is subject to and incorporates all of our standard terms and conditions for our rental guests which are described in the attached Appendix A and incorporated herein by reference (the “Standard Rental Terms”). By signing this letter (whether manually or by electronic acceptance by clicking a box indicating acceptance), you agree to comply with the terms of this letter, including all of the terms, conditions, fees and agreements set forth in the Standard Rental Terms.
If you have any questions prior to your stay, please give us a call at (850) 797-0533 or send an email to Derek@elite30a.com. You will receive an email from us approximately 48 hours prior to your arrival with additional information on check-in procedures.
On behalf of everyone at Elite 30A, we look forward to seeing you at the beach soon!
Sincerely,
ELITE 30A, LLC
By: Joy Poole This completed and signed agreement should be or scanned and emailed to:
Signed rental agreements must be returned to confirm your reservation.
BY SIGNING BELOW, THE UNDERSIGNED ACKNOWLEDGES THAT HE OR SHE: (1) HAS READ AND UNDERSTANDS THIS AGREEMENT IN ITS ENTIRETY, INCLUDING THE APPENDIXES ATTACHED HERETO, (2) HEREBY AGREES TO COMPLY WITH THE TERMS AND CONDITIONS SET FORTH HEREIN, (3) HEREBY AGREES TO PROVIDE A COPY OF THIS AGREEMENT IN ITS ENTIRETY, INCLUDING THE APPENDIXES ATTACHED HERETO, TO EACH GUEST ON THE PREMISES DURING HIS OR HER STAY, AND (4) UNDERSTANDS THAT HE OR SHE IS RESPONSIBLE FOR THE ACTS OR OMISSIONS OF EACH OCCUPANT ON THE PREMISES DURING HIS OR HER STAY.
___________________________
Guest Signature, individually and
on behalf of all occupants of the
Premises during your stay
___________________________
Date
Appendix A
Standard Rental Terms
These Standard Rental Terms and the letter agreement above between Elite 30A, LLC (“Elite 30A,” “we,” or “our”) and the individual submitting payment and all occupants of the Premises during the stay (hereinafter jointly and severally referred to as “Guest” or “you” or “your”), constitute the entire understanding and agreement (the “Agreement”) between the parties with respect to your rental of the Premises. If there is a conflict between these Standard Rental Terms and the remainder of the Agreement, these Standard Rental Terms will govern, unless otherwise clearly stated.
Check-In / Check-Out Times
Check-In begins at 4:00 p.m. (CT). Check-Out time is 10:00 a.m. (CT). Late Check-Out requires special arrangements and may be subject to additional fees. No refunds will be given for late arrivals or early departures.
Reservation Deposit
A reservation deposit equal to 50% of the total booking charges is due at the time of reservation, along with full payment for CSA Travel Protection unless declined. This deposit will be applied towards the total booking charges due. This is not a damage deposit.
Payment of Balance
The balance of the total booking charges is due no later than 60 days prior to your Check-In Date. Payment may be made by electronic check or credit card.
Rate Adjustments After Booking
All specials and promotional offers apply to new bookings only and not to existing reservations and are available for a limited period of time. We reserve the right to correct or adjust rates to the published rates at the time of reservation if the rates have been misquoted due to human and/or computer error.
Travel Protection Insurance
Travel insurance for your stay is available through CSA Travel Protection. In case of certain unforeseen events, this insurance may help protect amounts you have paid towards your stay. Depending upon where you booked your reservation, CSA Travel Protection insurance may or may not be automatically added as a separate item on your total booking charges. If your total booking charges include a separate line item for travel insurance, then you are purchasing travel insurance. If your total booking charges do not include a separate line item for travel insurance, then you are not purchasing travel insurance and you are not covered. Travel insurance is optional. Details about the coverage and questions concerning CSA Travel Protection insurance can be obtained by reviewing the certificate of insurance on their website at: www.vacationrentalinsurance.com/330CERT or by calling CSA at 866-999-4018.
Cancellations and Changes
You may change or cancel your reservation if you notify us at least 60 days prior to your Check-In Date. In such instances, your reservation deposit will be refunded less a $199 administrative cancellation/change fee. No refund of your reservation deposit will be given for any cancellation or change for any reason within 60 days of your Check-In Date.
Property Selection
Upon receipt of your reservation deposit and signed Agreement, we will reserve for your stay the specific property selected. However, we reserve the right to change your selected property at any time if the selected property becomes unavailable for your stay due to necessary repairs, removal of the property from the rental program, other changes or decisions of the owner or any emergency conditions. Should this occur to your confirmed reservation, we will make reasonable efforts to move you to an available comparable or upgraded property, with such alternative property being within our discretion, or at your election, refund any amounts you have paid towards the reservation. You understand and agree that your remedy in such a situation is limited to similar accommodations or a full refund and that we are not responsible for any direct or indirect costs, expenses, fees or consequential damages resulting from the unavailability of a specific property.
Preferences; Conditions
The Premises are individually owned and furnished to the owner’s taste. No two properties are the same. Inventories and furnishings are subject to change without notice. We do not give refunds or rate adjustments if the Premises do not meet your preferences or expectations. We are not responsible for errors on our website or brochure, for changes to property or furnishings made by owners, or for any conditions beyond our control upon arrival.
Pet Policy
Pets are not permitted at the Premises unless otherwise specifically noted on the reservation letter and a separate pet-friendly property charge included in your total booking charges. If you violate this policy by bringing a pet to a non-pet friendly property, you will be charged an additional $500, plus the expense of any cleaning we deem necessary in our sole discretion. Violations may also result in immediate eviction and forfeiture of total booking charges. Notwithstanding this provision, we are committed to providing reasonable accommodation to protect the rights of guests with disabilities to bring a “service animal” (as defined by Florida and federal law) under the terms of The Fair Housing Amendments Act of 1988, Section 504 of the Rehabilitation Act of 1973, and Title II of the Americans with Disabilities Act. If you need a service animal who has been trained to do work or perform tasks for a disability, you should request a reasonable accommodation, in writing, at the time of your reservation. The request should state that you have a disability and provide the specific work or task that the service animal has been trained to perform. You need not disclose the details of your disability nor provide a detailed medical history. You will be responsible for any damages caused by a service animal, including any additional cleaning fees required at the end of the stay to prepare the Premises for incoming guests. Emotional support animals are only permitted in our properties that permit pets.
No Smoking
Smoking is not permitted at the Premises. If you violate this policy, you will be charged an additional $500, plus the expense of any cleaning we deem necessary. Violations may also result in immediate eviction and forfeiture of all booking charges.
Occupancy
The maximum number of occupants for the Premises is based on the Premises’ ability to comfortably and safely house our guests. If the number of individuals on the Premises at any time during your stay exceeds the maximum occupancy for the Premises, you may be evicted from the Premises immediately and forfeit all booking charges, in addition to liability for additional charges for damages incurred.
Events
You may not have parties or events at the Premises without obtaining our prior approval and paying additional fees. Some properties and/or communities do not allow events of any kind, and all approvals shall be in our sole discretion. Violation of this provision ay result in immediate eviction, forfeiture of all booking charges and liability for additional charges for damages incurred.
Age Requirements
The individual signing this Agreement must be at least 25 years old and occupy the Premises during the entire stay. Reservations may not be made by or for any person under the age of 25, and no key will be issued to anyone who is not at least 25 years of age. The Premises will not be rented to vacationing students or young adults unaccompanied by a responsible parent or guardian at a ratio of one adult over the age of 25 staying at the Premises for the entire stay for every five guests between the ages of 15-25. For reservations in March or April, one adult over the age of 25 must be present and staying in the Premises for the entire stay for every three guests between the ages of 15 – 25. Proof of age is required by all guests and the Premises are subject to inspection during your stay to ensure compliance. Reservations made under false pretense are null and void and check-in will not be allowed and all booking charges will be forfeited. If a violation is discovered after check-in, you will be subject to immediate eviction and forfeiture of all booking charges in addition to liability for additional charges for damages incurred. This policy includes reservations made by a person over age 25 who does not check-in and/or who leaves overnight during any portion of a stay.
Multi-Party Occupancy
If two or more parties reserve or occupy the Premises, and one or more of the parties cancel, the primary guest whose name appears on the reservation is financially responsible for all booking charges associated with the reservation. In addition, each party, jointly and severally, is required to be in compliance with all of the terms and conditions of this Agreement and will be liable for any and all damages which may be caused during a stay.
Entry by Elite 30A
We or our agents may enter the Premises in case of an emergency, to make any repairs, alterations or improvements, to supply services, to show the Premises to prospective purchasers, renters or contractors, or upon reasonable suspicion that you have breached any of your obligations hereunder. We will try to provide at least 3 hours notice of intent to enter the Premises except in the case of an emergency, provided, that failure to provide advance notice of intent to enter the Premises shall not affect our ability to enter for the reasons set forth above.
Housekeeping
The Premises will be cleaned to our quality standards prior to your arrival and after your departure. You will be responsible for the cleaning of the Premises during your stay and for leaving the Premises in good condition at check-out. We respectfully request that you remember that you are staying in someone’s home during your vacation; please treat it with the care you would your own. If the Premises are found abnormally dirty at check-out, additional charges will be charged to your credit card or checking account on file to assist in performing a deep cleaning of the Premises. All stays will be subject to a cleaning fee. Additional cleanings may be arranged during your stay for an additional fee.
Amenities/Supplies
We provide an initial complimentary set of amenities including, trash bags, dish soap, 2 dish washer tabs, a sponge, laundry detergent packet, 2 rolls of paper towels, 2 rolls of toilet paper for each bathroom, one hand soap for each sink, one small bottle of shampoo, conditioner and body wash per shower/tub. You are responsible for the purchase of any additional items you may require during your stay.
Beach and Pool Towels
Please bring your own beach and/or pool towels as we do not permit bath towels or linens to be taken from the Premises.
Owner Areas
The Premises may have certain areas that are off-limits to you and your guests, including owners’ closets and garages (that may be locked) or areas marked, or indicated, as off-limits to guests. Do not attempt to access these areas during your stay.
Maintenance
During your stay, promptly report any maintenance problems to us. No refund or rate adjustment will be made for maintenance failures, including any disruptions or failures related to the supply of electricity, water, pool systems, air conditioning, telephone, television or cable service, appliances, wi-fi, etc., regardless of whether such issues were reported to us.
Damage Policy
You are responsible for the Premises, its contents, and yourself during occupancy. You must lock windows and doors securely when not in the Premises. We are not responsible for any acts of theft or vandalism, or other damages to any personal property or for personal items you leave in the Premises at departure. Rearranging the furniture or removing any items from the Premises is prohibited. After Check-Out, we will inspect the Premises for damage, rearranged furniture, missing items, and abnormally dirty appearance. If we determine that damage has occurred, items are missing, or the Premises are abnormally dirty, we will repair the damage, replace the missing items, and/or perform a deep clean of the Premises at your expense. By signing this Agreement, you authorize us to charge the credit card or checking account on file to reimburse us for any such expenses.
Hurricanes and Severe Weather
We do not issue refunds for cancellations or shortened stays due to actual or anticipated hurricanes, tropical storms, other inclement weather or acts of God under any circumstances. If you purchase CSA Travel Protection insurance, you may be entitled to a refund or partial refund in the event that the National Hurricane Center and our local governing officials issue “Mandatory Evacuation” order for the location of the Premises, provided that you purchased coverage before the storm was named.
Interference with Stay
We are not liable for any disturbance or interruption that may occur during your stay that is outside of our reasonable control, including noises, disturbances or facility closures, whether due to construction on nearby properties, neighbors, events or other circumstances beyond our reasonable control. You are not entitled to a refund relating to any such disturbances or interference nor entitled to be moved to another property. With respect to construction, the rules regarding acceptable noise levels, start and finishing times, and other restrictions relating to any such construction are governed by local ordinances and/or community specific rules and regulations beyond our control. However, we will notify the appropriate parties and request appropriate remedial action be taken in the event that we receive notice that the construction at issue may be in violation of any such regulations or ordinances.
Compliance with Laws, Rules and Regulations
You shall abide by and observe all applicable federal, state and local laws during your stay, as well as any rules and regulations governing the use of the Premises and neighborhood you are occupying. These rules apply to both owners and guests. IF YOU OR OTHER OCCUPANTS (A) FAIL TO STRICTLY ABIDE BY THE LAWS OF THE UNITED STATES, THE STATE OF FLORIDA, LOCAL LAWS AND/OR NEIGHBORHOOD RULES AND REGULATIONS, OR OTHERWISE FAIL TO STRICTLY ABIDE BY THE TERMS OF THIS AGREEMENT, (B) CAUSE DAMAGE TO THE PREMISES OR ANY SURROUNDING AREA, OR (C) ENGAGE IN ANY OTHER ACT(S) WHICH INTERFERE WITH OTHERS’ RIGHTS TO QUIET ENJOYMENT OF THEIR PREMISES, YOU SHALL BE SUBJECT TO IMMEDIATE EVICTION FROM THE PREMISES WITHOUT ANY REFUND OF BOOKING CHARGES AND LIABILITY FOR ADDITIONAL CHARGES FOR DAMAGES INCURRED. ALL SUCH DECISIONS SHALL BE IN OUR SOLE DISCRETION.
Indemnification
You and all occupants shall, jointly and severally, defend, indemnify and hold Elite 30A, LLC (including its members, managers, officers, employees, subcontractors, agents and representatives) and the owner of the Premises (the “Elite 30A Parties”), harmless from any and all claims, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorneys’ fees and costs of suit) incurred by the Elite 30A Parties related to, as a result of or arising from your actions and any occupants, including any negligent acts or omissions, willful misconduct, violations of laws or any obligations in this Agreement, except to the extent such claims, demands and actions arise from the gross negligence or willful misconduct of the Elite 30A Parties.
LIMITATION OF LIABILITY. YOU UNDERSTAND AND AGREE THAT NO ELITE 30A PARTY ASSUMES ANY LIABILITY FOR LOSS, DAMAGE, CLAIM OR INJURY TO PERSONS OR THEIR PERSONAL PROPERTY WHILE ON THE PREMISES, NOR FOR ANY INCONVENIENCE, DAMAGE, CLAIM, LOSS OR INJURY ARISING FROM OR RELATED TO ANY TEMPORARY DEFECTS OR STOPPAGE IN SUPPLY OF WATER, GAS, CABLE SERVICE, ELECTRICITY, INTERNET SERVICE OR PLUMBING; CHANGES TO RENTAL ASSIGNMENTS; WEBSITE OR BROCHURE ERRORS; WEATHER CONDITIONS; NATURAL DISASTERS; ACTS OF GOD; OR OTHER REASONS BEYOND THEIR CONTROL.
RELEASE OF THE ELITE 30A PARTIES
In addition to the other specific releases set forth in this Agreement, you, for yourself, your heirs, assignors, executors, and administrators, and on behalf of each occupant of the Premises, and such occupants’ heirs, assignors, executors and administrators (each a “Guest Releasing Party”), fully release and discharge the Elite 30A Parties from any and all liabilities, claims, demands, and causes of action which any Guest Releasing Party has or may have in the future by reason of any injury, loss or damage by whatever nature which has or have occurred, or may occur to any Guest Releasing Party during the stay as a result, or in connection with the occupancy of the Premises or in use of any item provided during your stay, including bikes, golf carts or other recreational items, including any claims, damages, costs or causes of action due to the negligence, breach of contract or wrongful conduct of any Elite 30A Party, and agree not to sue and to hold the Elite 30A Parties free and harmless of any claim or suit arising there from.
BY SIGNING THIS AGREEMENT, YOU UNDERSTAND, INTEND AND DESIRE TO RELEASE, ON BEHALF OF EACH GUEST RELEASING PARTY, THE ELITE 30A PARTIES FROM ANY AND ALL LIABILITY ARISING FROM OR RELATED TO THE OCCUPANCY OF THE PREMISES TO THE FULLEST EXTENT PERMITTED BY THE LAWS OF THE STATE OF FLORIDA.
Recreational Items
If the Premises provides complementary golf cart(s), bicycles or other recreational items (collectively, “Recreational Items”), you further agree to the express terms, conditions and waivers set forth in Schedule A-2 (“Recreational Items Waiver and Damage Addendum”).
Private Pool
If the Premises has a private pool, you further agree to the express terms, conditions and waivers set forth in Schedule A-3 (“Private Pool Addendum”).
Use of Personal Data and Private Information. Your privacy—and the protection of your private information, such as your email address, credit card information, bank account information, physical address, and name—is important to us. We will only use your financial information (including your credit card or check account information on file) as necessary to process payment for booking charges and other authorized fees and damages in accordance with this Agreement. We will only use your other private information that we may collect to (i) fulfill, offer, or further develop (or improve) our products, services, and offers or those of our affiliates, (ii) communicate with you or our applicable employees, agents, and third-party service providers, and (iii) provide you information about new and existing products, services, and offers that may interest you related to Elite 30A or our affiliates. Additionally, we may also collect “cookies” (small files that contain unique identifiers that allow our computers to identify your web browser, though not you specifically, each time you visit our website) and anonymous information about you, such as how long you stayed on the website, the name of your internet service provider, and the portions of our website you viewed. Any cookies or anonymous information we collect will only be used to improve functionality of our website, or for research and analytical purposes (though no personal information about you will be included for research and analytical purposes). Your personal information will not be shared or sold to third parties for the purpose of their telemarketing or selling their products or services, unless you otherwise consent to such disclosure or sale.
While utilizing our website, or any internet access made available during your stay at the Premises, you agree not to engage in any activity that violates any federal or state privacy, copyright, or criminal law, or that could be considered malicious or unethical. If you become aware of such activity by yourself, or by another, you must immediately notify us. Likewise, you agree not to share or disclose any password created by you, or made available to you, related to internet access or our website.
Despite our continual and evolving efforts to maintain appropriate protections, we cannot guarantee the security of your private information. Accordingly, you acknowledge and agree that we make no such guarantee. You recognize and accept that we have no control over the unauthorized interception or breach of any communications or data once it has been sent or has been subject to unauthorized access, notwithstanding all reasonable security measures employed by us or our third-party vendors. You consent to our use of these electronic devices and applications and submission of confidential client information to third-party service providers for your reservation. Similarly, our website may provide links to other websites or resources, of which we have no control over. We are not responsible for the availability of such external websites or resources, and we do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource.
Applicable Law
This Agreement shall be deemed to have been made and entered into in the State of Florida, and will in all respects be governed by, construed under, and enforced and interpreted in accordance with the laws of the State of Florida, excluding its principles of conflicts of laws.
Venue, Jurisdiction, and Attorneys’ Fees
The exclusive venue for any civil action related to this Agreement or the course of dealings between the parties is the courts sitting in Walton County, Florida. The parties hereby submit to the personal jurisdiction of all the courts in the previous sentence and agree not to challenge such jurisdiction. In any action, suit, or proceeding to enforce or interpret the terms of the Agreement or to collect any amount due hereunder, the prevailing party shall be entitled to reimbursement for all costs and expenses reasonably incurred in enforcing, defending or interpreting its rights hereunder, including, but not limited to, all attorneys’ fees and the costs expended in determining entitlement to and amount of such fees.
Waiver of Jury Trial
BY ENTERING INTO THIS AGREEMENT, THE PARTIES KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A JURY TRIAL AS TO ANY CLAIMS A PARTY MAY CLAIM TO HAVE AGAINST THE OTHER WHICH ARISES OUT OF THIS AGREEMENT OR THE COURSE OF DEALINGS BETWEEN THE PARTIES.
Force Majeure
Notwithstanding any other provision of this Agreement, no party to the Agreement shall be deemed in default or breach of this Agreement or liable for any loss or damages or for any delay or failure in performance (except for the payment of money) due to any cause beyond the reasonable control of, and without fault or negligence by such party.
Entire Agreement
This Agreement constitutes the entire agreement between the parties and supersedes any prior understanding, marketing or agreement among them respecting the subject matter hereof. There are no representations, arrangements, understandings or agreements, oral or written, relating to the subject matter of this Agreement, except those fully expressed herein. No waiver of any provision hereof shall be valid or binding on the parties hereto, unless such waiver is in writing and signed by or on behalf of the parties hereto, and no waiver on one occasion shall be deemed to be a waiver of the same or any other provision hereof in the future.
Severability
If any term or provision of this Agreement is held illegal, invalid or unenforceable, such illegality, invalidity or unenforceability shall not affect the legality, validity or enforceability of the remainder of this Agreement.
Binding; No Assignment
All of the terms, covenants and conditions of this agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns. The Premises may not be sublet, and you may not assign this Agreement without our consent. Your reservation is personal to you and is not transferable to any other party. Any attempted assignment shall be null and void.
Headings
Section and other headings contained in this Agreement are for reference purposes only and are in no way intended to define, interpret, describe or limit the scope, extent or intent of this Agreement or any provision hereof.
Schedule A-1
Damages
You are responsible for any damages or losses as well as any damages or losses excluded per the terms herein, and any such damages or losses will be charged to your credit card or checking account on file.
Intentional acts or omission, abuse or neglect by you or any other occupant.
Negligence or gross negligence
This includes any damages to the Premises caused by acts or omissions that could have been foreseen by a reasonable person including damages resulting in any additional cleaning and/or maintenance costs.
Any damage which you do not report to us immediately prior to Check-Out.
Theft that results from your failure to lock or secure the Premises or property, including items such as bikes.
Damages, including additional cleaning costs or additional maintenance costs caused by an animal allowed on or in the Premises by you or any other occupant, including any service animal.
Damage to a golf cart provided with the Premises.
Loss or damage in excess of the Damage Limit Amount.
Loss or damage to any of your personal property or that of any other occupant.
The owner of the Premises remains responsible for (a) damages that constitute normal wear and tear; (b) damages resulting from acts of God, including but not limited to acts resulting in fire, flood or other natural disasters; (c) damages or losses to the Premises which are unrelated to your actions or those of any other occupant; and (d) theft that occurs despite your reasonable efforts to secure the Premises and related items.
When you provide immediate notice to us prior to Check-Out of accidental or inadvertent damage to the Premises, we will investigate the damage to determine whether the damage appears to have been caused by accidental or inadvertent actions and to determine the nature and extent of the damages and the necessity for and costs of the repairs or replacements. Such determination will be made in our sole and absolute discretion.
Schedule A-2
Recreational Items Addendum
You and any other occupant of the Premises (including minor children, any members of your household, or anyone who makes use of any of the Recreational Items, and together with you, each collectively and individually referred to herein as a “User” or “Users”) hereby agree to abide by the following terms and conditions:
a. Users shall obey all federal, state and local laws and any applicable community rules and regulations.
b. No one other than the undersigned shall be eligible to use the Recreational Items.
c. No person using a Recreational Item shall be under the influence of drugs or alcohol or have any impairment which would affect his or her ability to operate a Recreational Item in a safe manner in compliance with all federal, state and local laws and any applicable community rules and regulations.
d. Bicycle helmets and life jackets are recommended and available upon request from us. Any User who declines to wear a helmet or life jacket while riding a bicycle or using a water-based Recreational Item does so at his or her own risk. Each User understands that wearing protective gear, such as a helmet or life jacket, does not eliminate the risks of using a Recreational Item and may not reduce the risk of injury in the event of an accident.
e. Users are prohibited from carrying, pulling or towing a Recreational Item at any time. Users of bicycles shall not add any kind of seat or modification to allow someone else to ride on the rear fender, and no one shall ride on the handlebars at any time.
f. Any equipment failure shall be reported to us immediately.
g. Users shall not ride, park or store a Recreational Item outside of designated areas and shall properly secure Recreational Items at all times.
h. Unless you are told by us otherwise in writing, the Recreational Items are not equipped with the statutorily required lighting sufficient to allow riding in the dark.
i. Users are responsible for any and all damages to any Recreational Item that occurs during the stay, including theft or vandalism of any Recreational Item and other equipment, regardless of whether Users or someone else is at fault for such damages, and Renter hereby authorizes us to charge the credit card or checking account on file for any amounts incurred by us to repair or replace any Recreational Item, including paying the reasonable (i) costs of repair and diminution in value, if any, or the full replacement value of such Recreational Item and other equipment; and (ii) reasonable administrative, shipping, storage and other related fees. The decision as to whether to repair or replace a damaged Recreational Item is in our sole discretion. Delay in recovery of damages, including any dispute of any charges or damages, may result in additional charges due to increased down-time, storage or other fees.
j. The Users agree to return the Recreational Items and equipment in the same condition as received, except for ordinary wear and tear, at check-out.
RELEASE AND INDEMNIFICATION
The Users acknowledge the inherent risks involved in using the Recreational Items and further agree that the use of the Recreational Items SHALL BE AT THEIR OWN RISK. The Users understand that the use of a Recreational Item has known and unknown risks, which could result in physical or emotional injury, paralysis, death or damage or injury to the undersigned, to property or to other persons, and that we cannot eliminate these risks. The Users knowingly, intelligently and voluntarily assume all risks, including but not limited to any injury or damage that may result including but not limited to colliding with one or more bicycles, motor vehicles, water vessels or objects of any kind, falling off the Recreational Item, sudden flat tires or holes in the Recreational Items, potholes or water obstructions, failing brakes and weather related risks. Having acknowledged these risks and other unforeseen risks, Users desire to use the Recreational Items despite these risks and agree to assume the risk of injury or damage resulting from the use of a Recreational Item and agree to release and indemnify the Elite 30A Parties as set forth in the paragraphs below.
The Users hereby release, waive, discharge and covenant not to sue or bring any claim against the Elite 30A Parties for any liability, claim and/or cause of action arising out of or related to any loss, damage or injury, including death, that may be sustained by the Users or the members of their household related to, arising out of or incident to the use of a Recreational Item or other equipment, including the possession, use, operation or return of a Recreational Item or other equipment.
The Users have adequate insurance to cover any injury or damage that he or she may cause or suffer while using the Recreational Items or sufficient assets to self-insure the costs of any such injury or damage. Any insurance coverage maintained by the Users, whether liability, casualty, personal or health, shall be the primary coverage in the event of any loss, injury, death or damage to persons or property while using the Recreational Items.
The Users understand that we are not the manufacturer or supplier of the Recreational Items, and all Recreational Items and other equipment are provided “AS-IS” without any warranty, either express or implied, including any warranty of merchantability or fitness for a particular purpose.
Schedule A
Private Pool Agreement
If the Premises has a private pool, the following policies apply:
1. YOU AND EACH OTHER OCCUPANT USE THE POOL AT YOUR OWN RISK. Neither Elite 30A nor the owner of the Premises assume any responsibility in the event of damage or bodily harm to you or any other occupant. You assume all responsibility for and charges incurred from misuse or negligence of the pool equipment, the pool itself, pool furniture and any pool accessories on the Premises that occur during your stay. Neither you nor any other occupant should disable, disarm or otherwise remove or compromise any pool safety feature, including any barrier or exit alarm. All doors leading to the pool or pool area should be kept locked at all times. You should notify us immediately if any pool safety feature is not working properly during your stay.
2. Only you and other occupants are permitted in the pool or pool area. All policies applying to the Premises include the pool and pool area, as well.
3. The maximum number of people in the pool or pool area should not exceed the maximum sleeping capacity of the Premises at any time.
4. Children under the age of ten (10) regardless of swimming ability should be supervised at all times by an adult when in or near the pool or pool area.
5. No diving is allowed. Always enter the pool feet first.
6. No glass containers are permitted in the pool or pool area. Impaired individuals should not enter the pool or pool area.
7. No riding equipment of any kind, including bicycles, skateboards, skates, roller blades or scooters, is permitted in the pool or pool area.
8. Only single-person flotation devices are permitted in the pool except for devices use to aid individuals with handicap.
9. Rough-housing is not permitted in the pool or pool area. Running, pushing and dunking are prohibited.
10. No pets are permitted in the pool or pool area.
11. Entry gates should be kept closed.
12. Acceptable swimming apparel must be worn in the pool. All children not toilet trained must use swim diapers.
13. Pool hours are from 7:00 a.m. until 10:00 p.m.
14. If the home has a pool heater, the pool temperature will be set to 86 degrees by us upon the payment of additional fees at a rate of $100 per day during your stay. Do not tamper with any pool equipment, including the heating equipment. The pool heaters may be ineffective once outdoor temperatures drop below 50 degrees. Pool heating must be requested and paid for at least one (1) week prior to arrival.