Tenant Vacation Rental Agreement

Huntco Investments, Inc. d/b/a BEACHBALL PROPERTIES, and tenant/renter agree as follows:

Occupancy: Because providing fun, safe, and family-friendly vacations is our primary goal, Beachball Properties requires our renters to be responsible adults over the age of twenty-five(25) unless accompanied by an adult, guardian, or parent who remain on the property for the duration of the rental stay. For legal and accounting purposes, the person placing the reservation must be the same as the credit/debit card holder. This person is considered to be the Guest. All other persons involved with the rental are considered to be the Guest’s Invitees, and all discussion regarding reservation, cancellation, and damage policies will be discussed with the Guest, not the Guest’s Invitees. Reservations made under false pretenses will be subject to forfeiture of all funds paid and/or an immediate ejection.

Cancellations: Guests who cancel at least 30 days before check-in shall receive a 100% refund of the amount they have paid. For cancellations between 14 and 30 days before check-in, 50% of the total reservation costs shall be refunded. For cancellations made less than 14 days prior to the beginning date of the reservation, NO REFUNDS will be issued. Refunds shall not be issued for late arrivals, early departures, or inclement weather conditions including hurricanes and named storms. See below our travel insurance options.

Weater/Mother Nature: We cannot be held responsible for circumstances beyond our control. This includes excessive noise from construction or public/private events, wildfire/smoke, weather related interruptions, road closures, interruption of services and utilities or unexpected appliance breakdown.

Unavailability: For any reason beyond the control of BEACHBALL PROPERTIES, if the Premises become unavailable, BEACHBALL PROPERTIES may substitute a comparable property or cancel this Agreement and refund in full all payments made by Guest.

Travel Insurance: BEACHBALL PROPERTIES offers travel insurance to our guests. Travel Insurance provides coverage for personal risks and expenses incidental to planned travel, including one or more of the following:

• • Interruption, delay, or cancellation of a Planned Covered Trip
  • Loss of or damage to baggage, luggage, or personal effects during a Planned Covered Trip or Event
  • Damage to accommodations or rental vehicles
  • Injury, illness, accident, disability, or death occurring during a Planned Covered Trip

Cost for the Standard Travel Insurance is 7% x trip cost. The upgrade to Cancel For Any Reason Travel Protection costs an additional 3.8% x trip cost (10.8% x trip cost in total). This coverage is available to all Guests when rental deposit is paid, but coverage is only in effect when we have received your premium payment. Certain exclusions and limitations may apply if not purchased at the time of booking. For the most coverage, it is strongly recommended you purchase trip insurance with your first booking deposit. Premium is non-refundable after 14 days of purchase. We highly recommend and encourage purchasing travel insurance. NO REFUNDS shall be issued inside 14 days of the reservation start date for ANY reason whatsoever, including a hurricane or tropical storm event.

Advance Rent Deposit: An advance rent deposit is required when placing your initial reservation. The rent deposit is equal to 25% of the base rent or $300 for longer than 30-day rentals. Rent balance, including sales tax, is due in full at least thirty (30) days prior to check-in. If rent is not paid by this date, the full remaining balance will be deducted from the payment card we have on file. Please contact our office to make other arrangements for payment if paying with a different credit card.

Non-Refundable Damage Fee: Guest and Guest’s Invitees are responsible for the care of the premises, appliances, furnishings, and for all damages caused by accidental, negligent, or wrongful acts by the Guest or Guest’s Invitees. A $39.99 non-refundable damage fee is included in the total cost of each reservation. This non-refundable fee covers Guest for incidental damages to the property up to $1,000.00. In the event of any uncovered Guest/Invitee-caused loss or damage to the vacation property, including, but not limited to, undue cleaning, ejectment/eviction, service calls, service charges, fines/assessments, repairs or replacements, plus all applicable taxes, BEACHBALL PROPERTIES is hereby granted the right to charge the Guest’s credit card. By written or electronic endorsement of this agreement, the Guest hereby agrees to pay for all such charges, as defined above and on the proceeding pages. If credit card is not valid, these issues will be addressed with the tenant via our attorney.

Upon Arrival: Check-in is after 4 P.M. Check-in time may be delayed past 4 P.M. due to unforeseen circumstances. During peak season (Memorial Day through Labor Day), we cannot offer early check-in. Sorry, but no exceptions!

Departure time: Check out is at 10 A.M. Guests who delay check out beyond 10 A.M. will be charged for an additional day. Your prompt departure is appreciated so we can prepare the vacation rental for any incoming guests.

Linens/Towels/Supplies: Although linens are furnished, please bring your own beach towels, as linens are not to be removed from the property. Please be advised that removing make-up with towels, wash clothes, etc., may cause stains that cannot be removed. A “starter pack” of supplies is provided, which includes: one (1) trash bag per can, one (1) toilet paper roll per bathroom, one (1) paper towel roll, one (1) dishwasher detergent, one (1) washing machine detergent. You are responsible for any additional items/supplies you may need for your stay.

Notice Regarding Amenities, TV/Cable, Internet, Satellite: The working condition of pools, hot tubs, air conditioners, cable, phones, Wi-Fi, TVs, DVDs, appliances, elevators, grills etc., are NOT guaranteed. No guarantee that pools will be heated or in working order. No refunds or rate adjustments will be made for mechanical failures and malfunctioning equipment or amenities. These amenities are extras provided in addition to the rental and are not integral to this agreement. We guarantee to make all efforts to the best of our ability to correct any and all deficiencies. The HOA or third party vendors manage Wi-Fi and cable; accordingly, we cannot guarantee these services,

Property Entry: BEACHBALL PROPERTIES employees, representatives, agents, and vendors have the right to enter the Premises, at any time, (i) for the purpose of making necessary or agreed repairs, decorations, alterations, improvements, for maintenance or to supply necessary or agreed services; (ii) to verify that Guest has complied with the terms of this Agreement; or (iii) in case of emergency. Owner and Owner’s representatives and agents have the right to enter the Premises, upon reasonable notice, to show the Premises to prospective or actual purchasers, tenants, mortgagees, lenders, appraisers or contractors. We will make every effort to give 24-hour’s notice to guest/renter before entering the property, however, circumstances beyond our control may not make this courtesy feasible.

Important Rules and Regulations:

• • 1. NO COMMERCIAL USE. Guest agrees to comply with any and all rules and regulations that are at any time posted on the Premises or delivered to Guest. Guest shall not, and shall ensure that Guest and licensees of Guest shall not: (i) disturb, annoy, endanger, or interfere with other Guests of the building in which Premises is located or its neighbors; (ii) use the Premises for any commercial or unlawful purpose including, but not limited to, using, manufacturing, selling, storing, or transporting illicit drugs or other contraband; (iii) violate any law or ordinance; or (iv) commit waste or nuisance on or about the Premises.
    2. NO PARTIES: All of our rentals are in residential areas and may NOT be used for weddings, receptions, parties, or large gatherings. Any disruptive events could result in the eviction and forfeiture of entire rental amount.
    3. All of our properties are non-smoking and smoking is strictly prohibited inside the property. Any evidence of smoking (such as the smell of smoke, presence of any ashes, burns in furniture, etc.) in any room will result in a fine of $500. NO EXCEPTIONS!
    4. Pets are not allowed in the property or on the site, even temporarily, unless the property is marketed as DOG FRIENDLY. Any evidence of pets (such as pet hair, urine stains, etc.), or if you do not notify the office that you will be bringing your pet to a pet friendly property, you will be fined $300.
    5. The use of fireworks is prohibited at all our vacation properties. Local City ordinances and fire codes prohibit the use of fireworks on beaches, buildings, or grounds.
    6. Do not leave windows or doors open while air conditioner is on. This will cause the HVAC unit to freeze up and not work properly. In this event, the renter will be charged the appropriate fees for all repairs and excessive utility bill. Do not turn the A/C below 72 in the summer! If the unit freezes up due to an extreme temperature drop, the renter will be charged the appropriate fees for all repairs and excessive utility bill.
    7. If in the event that the police or sheriff’s department is called to the property for any reason including but not necessarily limited to excessive noise and/or partying, domestic dispute, illegal drugs, underage drinking, etc., renters will be immediately ejected and fined $500. NO EXCEPTIONS!
    8. The guest confirmation indicates the maximum number of people allowed per reservation, including children. These numbers are governed by association by laws, fire codes, and/or owner preferences. Sofa and bunk beds are recommended for use by children. The qualifying person renting the property must be above the age of 25, and is responsible for the conduct of all invitees and must occupy the property for the full term of the reservation.
    9. Plumbing: Do not put any feminine products in the toilet. Plungers are provided if a clog occurs.
    10. Do not pour grease down the drain. Do not put any shellfish (shrimp, crab, etc.) down the garbage disposal.
    11. Please follow all posted pool & hot tub rules; these should be located at pool & hot tub locations.

Limitations of Liability: To the maximum extent allowed by the law, owner or owner’s agent (BEACHBALL PROPERTIES) is not liable for renter’s property left behind or for any consequential, incidental, special, punitive, exemplary or indirect damages from any cause whatsoever, regardless of whether they were foreseeable. The owner and owner’s agent (BEACHBALL PROPERTIES) in no way undertakes any obligation or duty to provide any security and is not responsible for any loss or theft of renter’s property.

INDEMNIFICATION AND HOLD HARMLESS: While HUNTCO INVESTMENTS INC DBA BEACHBALL PROPERTIES and its property owners strive to maintain vacation properties in the finest condition, no guarantees are expressed nor implied regarding suitability or for any particular purpose. All Guest(s) and their invitees use the vacation property structures and premises at their own risk. BEACHBALL PROPERTIES and its property owners shall not be held liable or otherwise responsible in any way for injury to any guest and/or their invitees that is caused or permitted to be caused by the intentional or unintentional acts of said Guest(s) and/or invitees, or by the failure of structures, appliances, (including hot tubs and bbqs) furnishings, and/or other equipment, whether by malfunction, misuse, acts of god/nature, and/or are otherwise naturally occurring. No guarantees are expressed nor implied as to the suitability of utilities and other services provided to the vacation properties and adjacent structures and premises. No guarantees are expressed nor implied regarding the suitability/compatibility of materials utilized in the construction of the vacation property and/or its contents. BEACHBALL PROPERTIES and its property owners shall not be held liable nor otherwise responsible in any way for allergic reactions to guest(s) or invitees, caused or permitted to be caused by materials utilized in the manufacture of the vacation property and/or its contents, nor from mold and/or airborne spores, nor from pet/animal allergens, nor from chemical agents including, but not limited to appliances, linens, carpeting, utensils, fixtures, hot tubs, and/or other equipment. By written or electronic endorsement of this agreement, guest(s) and invitees hereby agree to forever hold-harmless and indemnify BEACHBALL PROPERTIES and its property owners from and against all claims, demands, loss, liability/responsibility of any kind and character, including cost of defense, arising out of or in any way connected with the guest(s) use of the property.

Attorney’s Fees: If owner or owner’s agent, BEACHBALL PROPERTIES, consults or engages legal counsel or a professional collection service, for collecting any amounts due, or to enforce any provision of this Agreement, Guest shall be responsible for all costs of litigation and/or collection in case of such, including actual attorney’s fees.

Chargebacks: Guest agrees not to claim any chargebacks or credits from their credit card issuer for any fees charged to their credit card(s), including but not limited to advance rental payments, damage deposits, rental payments, taxes or any additional fees for lost, stolen or damaged items.

Errors and Omissions: Every effort has been made to ensure the accuracy of all printed, digital, displayed and spoken information. Errors in price and description may occur and BEACHBALL PROPERTIES reserves the right to correct such errors; however, BEACHBALL PROPERTIES is not obligated to give refunds for such errors. BEACHBALL PROPERTIES is not responsible for changes in furnishing, décor, and equipment by owners. Rates, descriptions, and availability are subject to change without notice.

Waiver: The waiver by either party hereto of a breach or any term or provision of this Agreement shall not operate or be construed as a waiver of a subsequent breach of same.

Governing Law: This Agreement will be governed by and construed in accordance with the State of Alabama, without regard to the principles or conflict of laws. Each party consents to the exclusive jurisdiction of the courts located in the State of Alabama. Each party further waives any objection to the laying of venue for any such suit, action, or proceeding in such courts.

Invalid Provisions: If any provision of this Agreement is held to be illegal, invalid, or unenforceable under present or future laws effective during the term hereof, such provision shall be fully severable and this Agreement shall be construed and enforced as if such illegal, or unenforceable provision had never comprised a part hereof; and the remaining provisions hereof shall remain in full force and effect and shall not be affected by the illegal, invalid, or unenforceable provision or by its severance hereof.

Complete Agreement: This agreement contains the entire agreement between the parties and there are no other promises, terms or conditions, whether oral or written, other than contained herein. This agreement may be modified only in writing and signed by both parties.