Beachfront 6BR Haven: SoBe Elegance

1. The Landlord has the right to inspect the premises without prior notice at any time to enforce the terms of this agreement or for emergency purposes. Should the Tenants violate any of the terms of this agreement, the rental period shall be terminated immediately. The Tenants waive all rights to process if they fail to vacate the premises upon termination of the rental period. The Tenants shall vacate the premises at the expiration time and date of this agreement. 2. Emergency medical and police service can be called by dialing 911. 3. The Tenants shall maintain the premises in a good, clean, and ready to rent condition, and use the premises only in a careful and lawful manner. The tenants shall leave the premises in a ready to rent condition at the expiration of the rental agreement, defined by the Landlord as being immediately habitable by the next tenants. Tenants shall pay for maintenance and repairs should the premises be left in a lesser condition. The tenants agree that the Landlord shall deduct costs of said services from the security deposit or preauthorized credit card on file prior to refund if tenants cause damage to the premises or its furnishings. 4. The Tenants shall dispose of all waste material generated during the rental period in a lawful manner and put the trash in the garbage disposals or in a dumpster outside. 5. The Tenants shall pay for any damage done to the premises over and above normal wear and tear 6. No animals or pets of any kind may be brought onto or about the premises. 7. The Tenants shall not sublet the property. 8. The Tenants shall not be permitted to have more than the number of persons stated above to reside or sleep on the premises. If you have more than the number of people residing or sleeping in your apartment as set forth above, we have the absolute right to deduct this money out of your security deposit or charge your credit card with the amount that is pre authorized at a rate of $100 per night per extra person. 9. The Tenants shall behave in a civilized manner and shall be good neighbors respecting the rights of the surrounding property owners. The Tenants shall not create noise or disturbances likely to disturb or annoy the surrounding property owners. Creating a disturbance of the above nature shall be grounds for immediate termination of this agreement and Tenants shall then immediately vacate the premises. Quiet hour starts at 9 PM and Pool and outdoor noise should be kept to a minimum. 10. There shall be no smoking inside the actual property. This is a Non-Smoking property and as such the owner of this unit STRICTLY PROHIBITS any smoking inside the property. If there are ashtrays outside please feel free to use it at the designated smoking areas. 11. By initialing below, you are agree to not smoke or have pets within or about the premises or cause excessive damage and you unconditionally authorize a $1000 charge against your credit card upon receipt by of any evidence establishing you have violated any of the above provisions. 12. Landlord shall provide towels, linens, cups, knives, forks, spoons, dishes, and other items as commonly used by the Landlord’s family. Toilet paper, soap, dish detergent, laundry soap, shampoos, and other consumables will also be provided by the landlord. No reimbursement will be made for unused consumables left at the premises. If consumables exist at the premises when the Tenant arrives the Tenant is free to use them. 13. The Tenant hereby waives any right to sue for negligence unless its gross negligence or intentional misconduct of Landlord. Tenant is responsible for the care and safety of all people on the premises of the property including any guests of Tenant. The unit is not designed to be child safe as such children should always have adult supervision. Tenant waives any right to use Landlord for any action or inaction or negligence of any 3rd party including any association. The Tenants and Tenants' Guests shall hereby indemnify and hold harmless the Landlord against any and all claims of personal injury or property damage or loss arising from use of the premises regardless of the nature of the accident, injury or loss. Tenants expressly recognize that any insurance for property damage or loss which the Landlord may maintain on the property does not cover the personal property of Tenants, and that Tenants should purchase their own insurance for Tenants and Guests if such coverage is desired. 14. Rental Deposit is 50% refundable if a written cancellation notice is received by the Landlord up to 180 days prior to the commencement date of the rental period. If no cancellation notice is received by the Landlord within 180 days of the commencement date of the rental period, the Landlord, at its sole and exclusive discretion, shall have the right to retain the full Rental Deposit and payment amount. If a deposit is received for a rental period which is less than 160 from the commencement date, the Landlord, at its sole and exclusive discretion, shall have the right to retain the full Rental Deposit and payment amount. 15. Tenants agree to pay all reasonable costs, attorney's fees and expenses that shall be made or incurred by Landlord enforcing this agreement. Governing Law, Jurisdiction and Venue, Waiver of Right to Trial by Jury. This Agreement shall be exclusively governed by and construed in accordance with the laws of the State of Louisiana. If any action is brought between the parties with respect to this Agreement or otherwise, by way of a claim or counterclaim, the parties agree that in any such action, and on all issues related to this Agreement or otherwise, the parties irrevocably waive their right to a trial by jury. Exclusive jurisdiction and venue for any such action shall be the State Courts of Orleans Parish, Louisiana. In the event suit or action is brought by any party under this Agreement to enforce any of its terms, or in any appeal therefrom, it is agreed that the prevailing party shall be entitled to reasonable attorneys fees at trial and all appellate levels. 16. Tenants expressly acknowledge and agree that this Agreement is for transient occupancy of the Property, and that Tenants do not intend to make the property a residence or household. 17. We occasionally experience outages that are beyond our control. We report outages as each occurs. No refunds or compensation will be given for any outages. 18. There shall be no refunds of rents due to shortened stays or ruined expectations because of any weather conditions, pandemics, or illnesses. 19. There shall be no refunds of rents because of shortened stays or ruined expectations due to work and family emergencies or other commitments. 20. It is the tenant’s responsibility to learn about safety precautions, warning signs of water conditions, and safety procedures concerning swimming in or being around the pool. Tenant agrees to have a responsible adult supervising minors while they swim in the pool. Tenant is hereby notified that the pool can be dangerous and tenant accepts fully the risks involved. Tenant is further notified to be cautious when exiting the rear of the condo/home as the pool is open and in close proximity to the entry ways and can be a hazard. There are no rails to prevent a fall into the pool. 21. Only legally owned and permitted firearms shall be allowed on the premises according to State and local laws. 22. Tenant agrees that Fireworks and other hazardous materials shall not be used in or around the property. 23. Tenant shall use the property for legal purposes only and other use, such as but not limited to, illegal drug use, abuse of any person, harboring fugitives, etc.; shall cause termination of this agreement with no refund of rents or deposits. 24. Tenant agrees not to access the “owner’s closet”, even if unlocked, which contains cleaning supplies and chemicals that could be hazardous to children and adults. The owners closet is located just inside the main front entry way or some apartments in other places throughout the apartment. 25. Client Residence contract property sale termination as stated below. If all or any part of the property referenced for Client use in this agreement is sold by such property’s owner prior to the rental dates stated above, then this agreement shall terminate and have no further effect, and all related Client monies will be refunded. 26. Tenant is advised that if the property contains a gas stove and cooktop, gas heating, gas grill, and other gas powered items and will seek help from management if the proper operation of such items is not fully understood. 27. The property has a fire extinguisher installed near the hallway outside the room. The fire extinguisher was fully charged at last inspection. It is the duty of the tenant to inform management immediately should the fire extinguisher become less than fully charged. Tenant agrees to use the fire extinguisher only for true emergencies. 28. The property has fire alarms installed and they are believed to function properly at the time of rental. Tenant will notify management without delay if a fire alarm “chirps” or has a low battery condition. 29. Tenant is advised that if there is no carbon monoxide detector on the property and accepts the risk involved in not having one. 30. Tenant shall see to their own security while in the property by locking doors, windows, garage doors, etc. when it’s prudent to do so. 31. Valuable items left behind by tenant will be held for the tenant and every reasonable effort will be made to contact the tenant for return. If items are not claimed for longer than 6 months they shall become the property of the Landlord. The Landlord shall not be held liable for condition of said items. 32. Since we do have a vast inventory of properties we do try to give the exact unit that was described in the initial email correspondence but there is no guarantee that it will be the exact unit. If the exact property is not available, the landlord, at its discretion, reserves the right to provide a similar unit type with the same amount of bedrooms. 33. Cable TV is provided and service level has been chosen by the Landlord. No refund of rents shall be given for outages, content, lack of content, or personal preferences with regard to cable TV service. 34. High speed wireless internet is provided as a convenience only and is not integral to the agreement. No refund of rents shall be given for outages, content, lack of content, speed, access problems, lack of knowledge of use, or personal preferences with regard to internet service. 35. Tenant agrees that Air conditioning shall not be set below 65 degrees and heat shall not be set above 78, and that the fan setting shall be “Auto”. Doors and windows shall be closed when either heat or air conditioning is in operation to prevent mildew. 36. At this current time No events, parties, and bands at all. This will also result in the immediate cancellation of your reservation including losing the security deposit as damages. 37. Landlord has the right to record everything to protect you and our neighbors we use security surveillance devices in the common areas and noise monitors devices that do not record content only the decibel level within the actual property to prevent guests from being too loud. 38. The amenities of this property are shared as stated in the description such as the heated pool, jacuzzi, courtyards and the gym. We only allow one group in the pool at the same time from one house. This could change if you have it in writing from Michael from the booking channel that you booked on. Pool Hours are 10am-10pm. 39. Lessor will not be responsible for any damage to the Lessee or to any person whomsoever, even those arising from defects, which Lessor is required by this lease to repair. 40. During any Pandemic Host/Landlord does not allow any guests outside of the amount of people than booked for the actual reservation initially. Host/Landlord has full right to cancel the reservation under the guest behalf with no refund on the guest if they have over the amount of people that are registered at the property. Safety is our number one concern. 41. If any guest/tenant catches any Pandemic or disease you agree that the property will have no liability at all and the property will not be held liable at all and you will wave all your rights in regards to this matter. 43. Surveillance or recording devices on property - To protect you and our neighbors we use security surveillance and noise monitors that do not record content only the decibel level within the property. 44. Damages - we ask only that you treat the home as you would your own. If something is accidentally damaged during your stay, please tell us and we will work it out with you directly; we always start with a conversation, not a charge. Where a refundable security deposit applies to your booking, it is shown to you at the time you book, and it is returned in full after checkout unless there is damage beyond normal wear. Lessee's assuming possession of the leased properties constitutes an admission that it has examined the leased properties and found them to be in good and safe condition at that moment. Pursuant to the provisions of Louisiana R.S. 9:3221, Lessee agrees to hold Lessor harmless from any responsibility whatsoever for damages to the Lessee or to any person whomsoever or to any property of the Lessee or others arising from the condition, upkeep, and maintenance of the leased properties, and Lessee expressly relieves Lessor from any and all liability for injuries or damages caused by any fire or defect of the leased properties to the Lessee or to any occupant or to anyone in or on the leased properties or in or on any adjacent streets, sidewalks, curbs, parking areas, or other walks or areas adjacent to the leased properties. Lessee expressly assumes all such liability, agreeing to indemnify and hold Lessor harmless from any liability whatsoever for any damages or injuries to any person or persons whomsoever or to the property of any person or persons whomsoever arising out of the occupancy, use, condition or state of repair of the leased properties, except as expressly set forth above. This indemnity does not extend to the Lessor's negligent acts or omissions. The indemnity shall extend to attorney's fees and costs. By reading the agreement above and booking this property you agree to all the terms and conditions mentioned above