SHORT-TERM RENTAL AGREEMENT
AND ADDITIONAL TERMS, LIABILITY WAIVER AND RELEASE

The undersigned is the “Guest” of the premises located at 21076 3rd Ave, Cudjoe Key FL 33042 (the “Cudjoe Cabana”) and is entered into this short-term rental agreement (the “Agreement”) with Carrie and Brett Obenauf, both individuals (“Owner”) for use of the Cudjoe Cabana strictly as personal residence on a short-term basis. This Additional Terms Liability Waiver and Release is effective as of the date of booking.

1. Rental Party. Additionally, any and all persons staying at the Cudjoe Cabana with Guest, whether or not they have executed this Agreement individually, shall be referred to herein as the Rental Party and such persons will be bound by the terms of this Agreement jointly and severally with Guest. In no event shall the Guest and the Rental Party consist of more than eight people. The Guest and all members of the Rental Party shall be at least 25 years of age.
2. No Parties. The Guest acknowledges that the Cudjoe Cabana is not a party house. Any special occasions such as weddings, receptions, family reunions or other event that increases the occupants beyond the Rental Party must be disclosed at the time the reservation is made and is subject to Owner's advanced approval, which Owner may withhold in Owner’s sole discretion. The Guest agrees not to cause or allow any noise or activity on the Cudjoe Cabana, which might disturb the peaceful, quiet enjoyment of any other tenant, occupant, or neighbor. Said noise and/or activity shall be a breach of this Agreement between the hours of 10:00PM and 8:00AM.
3. Water Amenities. Owner is providing access to guest to a pool, hot tub, and miscellaneous water toys (collectively, the “Water Amenities”) that Guest may optionally use while staying at the Cudjoe Cabana. Guest acknowledges that Owner is providing use of the Water Amenities for the convenience of Guest and that Guest’s ability to use the Water Amenities is incidental to Guest’s stay at the Cudjoe Cabana.
4. Liability Waiver for use of Water Amenities. Owner shall not be responsible or liable for any interruption in use of the Water Amenities, nor shall such interruption affect the continuation or validity of Guest’s agreement to stay at the Cudjoe Cabana. Owner reserves the right to stop or reduce the accessibility of any or all of the Water Amenities when necessary by reason of (i) accident or emergency, (ii) mechanical breakdown, (iii) requirements of law, (iv) any other cause beyond Owner’s reasonable control, or (v) repairs, alterations, replacements or improvements, which, in the judgment of Owner, are desirable or necessary, until the cause of such stoppage shall have been remedied.

1. Assumption of Risk. The undersigned Guest is fully aware of and understands and assumes all of the dangers and risk, including without limitation the risk of serious injury, disability, death, and/or property damage, associated with use of the Water Amenities, and further assumes all responsibility associated with any accidents or injuries that occur as a result of the Water Amenities while Guest and/or the Rental Party is staying at the Cudjoe Cabana, without limitation. Further, Guest acknowledges that Owner is not responsible for loss of damage to personal belongings of Guest while staying at the Cudjoe Cabana. Under no circumstances and under no legal theory, tort, contract, strict liability or otherwise, shall Owner be liable to Guest or any other person for any damages of any nature whatsoever including arising out of or relating to Guest’s use of the Water Amenities.

NOTWITHSTANDING THE RISKS, I ACKNOWLEDGE THAT ANY USE OF THE WATER AMENITIES IS VOLUNTARY AND THAT I WILL BE UNDERTAKING SUCH USE WITH KNOWLEDGE OF THE DANGERS INVOLVED. I HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS OF ILLNESS, PERSONAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, TEMPORARY OR PERMANENT DISABILITY, DEATH, PROPERTY DAMAGE, AND/OR FINANCIAL LOSS ARISING THEREFROM, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF OWNER OR OTHERWISE.

Further, Guest and all members of the Rental Party shall jointly and severally defend, indemnify, and hold harmless the Owner against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, fees, the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, incurred by/awarded against the Owner, arising out of or resulting from any claim related to use of the Water Amenities.

1. Security. Guest acknowledges that security cameras are used at the front porch and back yard of the Cudjoe Cabana to ensure the security of the premises from theft, unauthorized access, or damage to the property. All security cameras are strategically positioned so as to minimize any interference with the peaceful possession of our guests or their privacy. Guest acknowledges that all such cameras and any other general security measures provided by Owner shall not be treated by Guest as a guarantee against crime or a reduction in the risk of crime. Owner shall not be liable to Guests or the Rental Party for injury, damage, or loss to person or property caused by criminal conduct of other persons, including theft, burglary, assault, vandalism, or other crimes.
2. No Pets. Guest is not permitted to keep any pets at the Cudjoe Cabana without prior written consent of Owner, which may be withheld by Owner in Owner’s sole and absolute discretion. Any pets that Owner approves, shall require a one-time non-refundable fee of $200.00, which shall be paid by Guest in advance of Guest’s stay. Any pets brought to the Cudjoe Cabana without obtaining prior written consent of Owner shall incur a $500.00 penalty to be paid immediately upon discovery of such pet. Further, Guest acknowledges that Owner is not responsible for loss of damage to personal belongings due to a permitted pet or injuries caused by an inflicted pet to any person. Under no circumstances and under no legal theory, tort, contract, strict liability or otherwise, shall Owner be liable to Guest or any other person for any damages of any nature whatsoever including arising out of or relating to a permitted pet.

Further, Guest and all members of the Rental Party shall jointly and severally defend, indemnify, and hold harmless the Owner against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, fees, the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, incurred by/awarded against the Owner, arising out of or resulting from any claim related to a pet of Guest or the Rental Party, without limitation.

1. Owner, or Owner’s agents and employees, may enter, inspect, or repair the Cudjoe Cabana at any time in case of emergency. Other than emergencies Owner shall give reasonable advance notice of entrance into the Cudjoe Cabana when possible. Guest acknowledges that, without limitation, Owner’s “agents and employees” includes landscapers, maintenance staff, pool servicers, and cleaning staff, who may access the Cudjoe Cabana at the direction of Owner.
2. Additional Cleaning Services. Daily housekeeping services are not included in the daily rental rate and Guest shall be responsible for keeping the Cudjoe Cabana clean and good condition during Guest’s stay. Daily housekeeping services shall be available upon request at a rate of $350.00 per day during Guest’s stay. Regardless of electing to receive additional cleaning services, Guest shall be responsible for leaving the Cudjoe Cabana in the same condition that it was delivered to Guest in.
3. Smoking. No smoking or illegal drug use is permitted in or around the Cudjoe Cabana. Violations of this rule shall cause Guest to incur a fee of $500.00.
4. No Waiver. Nothing contained in this Agreement shall be construed as waiving any of Owner’s rights under the law. If any part of this Agreement shall be in conflict with the law, that part shall be void to the extent that it is in conflict but shall not invalidate this Agreement nor shall it affect the validity or enforceability of any other provision of this Agreement.
5. Miscellaneous:
1. Check-In and Check-out Times: Check-in time is 10:00 AM EST or after. Check-out time is 3:00 PM EST or earlier.
2. Minimum Stay. Any stay must be fore a 28-day minimum per country ordinance.
3. Payments and Refunds. 50% of the total amount due shall be paid at time of booking, and the remaining balance is due 45 day(s) before Guest’s stay. 100% of prepayments are refundable when canceled 60 day(s) or more before Guest’s stay is scheduled to commence. 50% of paid prepayments are refundable when canceled 30 day(s) or more before Guest’s stay is scheduled to commence. NO REFUNDS WILL BE ISSUED TO GUEST UPON CANCELLATION WITHIN 30 DAYS OF WHEN GUEST’S STAY IS SCHEDULED TO COMMENCE. However, in the event that the Cudjoe Cabana is sold prior to Guest’s stay, Owner shall refund 100% of any payments made by Guest and cancel the booking. In the event that a sale of the Cudjoe Cabana closes during Guest’s stay, then Guest’s refund shall be prorated based on the unused nights of the Guest’s ongoing stay.
4. Hurricanes and Severe Weather. Refunds for cancellations or shortened stays due to anticipated hurricanes, tropical storms or any other inclement weather will not be issued under any circumstance unless local governing officials issue a mandatory evacuation.
5. No Transfers. Guest’s reservation and rights and obligations hereunder are not transferable to any other person or party. Any attempted transfer in violation of this paragraph shall be deemed void.