Arrival Instructions: Directions along with other information will be provided the day of check-in.

TERMS AND CONDITIONS

This completed “Rental Agreement” or “Agreement” is required within 24-hours to hold your reservation. The Rental Deposit is due upon receipt. Review and acceptance of the Terms & Conditions which is made part of this Rental Agreement is required before a confirmation will be issued.

Check-In / Check-Out Times.

Check-in begins at 4:00 PM (CST). Check-out time is 10:00AM (CST). Late check-outs require special arrangements and permission by management, and they may be subject to an additional fee of no less than $175 up to full day rent amount. Refunds will not be given for late arrivals or early departures.

Advance Reservations and Rates.

We accept reservations up to one year in advance. We reserve the right to correct or adjust rates to the published rates at the time of the reservation in the event that they have been misquoted due to human and/or computer error.

Reservation Deposit

A reservation deposit should be paid in full at the time of creating the reservation. It is not a damage deposit.

Payment of Rent.

The balance of the rental fee is due at time of booking. We accept electronic checks and credit cards (Master Card, Visa, Discover and American Express). Credit cards, however, are only accepted for short-term rentals (stays of less than 30 days).

Cancellations and Changes.

Reservations may be cancelled or shortened by notifying the Manager in writing at least 60 calendar days prior to your arrival date (“Cancellation Period”). In such instances, the full amount of your Reservation will be refunded with the exception of a $99 cancellation fee. In the event of cancellations or shortened stays made after the Cancellation Period but at least 30 days prior to the check in date a 50% refund will be provided. In the event of cancellation or shortened stays made after the Cancellation Period and less than 30 days prior to check-in, you will be responsible for the full amount of the total booking charges, regardless of the reason for said cancellation, unless you have purchased travel insurance and cancel for a covered reason. Accordingly, we strongly recommend you purchase travel insurance for your reservation. Information for said travel insurance can be obtained at travel insurance company (not affiliated with Owner).

No Pets.

Pets are only permitted in designated Rockstar Retreats LLC accommodations. The Owner must approve all pets and a $250 per pet non-refundable pet fee will be added to the reservation. Guests who violate this policy will be charged an additional $500, plus the expense of any necessary cleaning. Violations may also results in immediate eviction and forfeiture of rent.

No Smoking.

Smoking is not permitted in any Rockstar Retreats LLC accommodations. Guests who violate this policy will be charged an additional $500, plus the expense of any necessary cleaning. Violations may also results in immediate eviction and forfeiture of rent.

Minimum stay requirements.

Most of our properties require a minimum stay of three (3) nights. Longer stays may be required during peak seasons and holidays. One week or five-night minimum stays apply at some properties during peak and holiday periods, with Saturday arrival and Saturday departure.

Maximum Guests.

The maximum numbers of guests per accommodation is based on the individual accommodations ability to comfortably and safely house our guests. If the maximum occupancy is exceeded at any time, you may be asked to vacate the property and forfeit any rental payments.

Age Requirements.

No units will be rented to vacationing students or young adults (under 21) unaccompanied by a responsible parent or guardian at a ratio of five (5) children to one (1) adult over the age of 25. A parent or guardian must be staying in the unit at all times. Guests who violate this policy are subject to immediate eviction and forfeiture of all rental payments. In accordance with Florida State Statute 509.41, reservations made under false pretense are null and void and check-in will not be allowed or guests will be asked to vacate the accommodations. This policy includes reservations made by parents or guardians who do not check in, and/or who leave overnight during the length of the stay.

***A copy of your driver’s license is required prior to check in.

Housekeeping.

The Property will be cleaned to quality standards prior to your arrival and after your departure. You will be responsible for the cleaning of the Property during your stay and for leaving the Property 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 Property is found abnormally dirty at check-out, additional charges will be charged to your credit card to assist in performing a deep cleaning of the Property. The Property should have an initial supply of trash liners, toilet paper, bath soap, towels etc. These items are a starter set and you will probably need to purchase additional supplies to last the remainder of your stay. All stays will be subject to a cleaning fee. We would be happy to provide additional cleanings during your stay for an additional fee.

Maintenance.

During your stay, promptly report any maintenance problems to the Owner. No refund or rate adjustment will be made for unforeseen failures such as the supply of electricity, water, pool filtration systems, air conditioning, telephone, television or cable service, appliances, etc.

Damage Policy.

Guests are responsible for the Property, its contents, and themselves during occupancy. Guests must lock windows and doors securely when not in the premises. Rearranging the furniture or removing any items from the Property is prohibited. After Check-Out, the Owner will inspect the unit for damage, missing items, and abnormally dirty appearance. If the Owner determines that damage is present, items are missing, or the Property is abnormally dirty, the Owner will repair the damage, replace the missing items, and/or perform a deep clean of the Property at Renter’s expense. Renter authorizes the Owner to charge the credit card on file to reimburse the Owner for any such expenses.

Security of Personal Property.

We are not responsible for any acts of theft or vandalism, or other damages to any personal property or for personal items left by guest in the accommodation at departure.

Payment must be via Credit Card or Electronic Check. The final payment will be automatically charged 60 days prior to your arrival using the same credit card or electronic check you use to process the booking deposit.

No Subletting.

The Property may not be sublet. Your reservation is not transferable to any other party. Good Neighbor Policy.

Please remember you are staying in someone’s home during your vacation. Please treat it with care and leave it in good condition at checkout.

Property Rules and Regulations.

Please observe all rules and regulations governing the use of the Property. These rules apply to both owners and guests, and failure to comply can result in eviction.

Accidental Damage Protection.

Guests who have paid the non-refundable $85.00 Accidental Damage Protection fee prior to checking in to a property (“the Property”), will not be obligated to pay the first $2,500 in damages, subject to the conditions and limitations set forth below. This accidental damage protection is not insurance. It is a non-refundable, one-time charge per reservation that covers accidental damage reported by the guest prior to check-out for guests who have complied with the Rental Agreement. In exchange for the payment of the Accidental Damage Protection fee and the execution of this Rental Agreement, which incorporates the terms of this limited Accidental Damage Protection clause, the Owner hereby waives the right to charge the guest for any reported damages to the Property that result from the guests’ accidental or inadvertent acts or omissions during the duration of their stay for damages up to but not exceeding $2,500. Guests will be responsible for any damages or losses in excess of $2,500, as well as any damages or losses excluded from the terms herein.

Accidental Damage Protection Conditions & Limitations:

The Accidental Damage Protection clause has certain conditions, limitations and exclusions. This clause will not waive the guest’s liability for damage to the Property resulting from:

• Intentional acts or omissions, abuse or neglect by a guest or a guest’s invitee. This includes any damages to the Property that could have been foreseen by a reasonable person including damages resulting in any additional cleaning and/or maintenance costs.
• Gross negligence, which, for the purposes of this Agreement, shall be defined as an act by a guest or a guest’s invitee in reckless, willful or wanton disregard as to the consequences to the Property.
• Any cause, if the guest does not report the damage immediately to Company staff prior to checking out of the Property.
• Theft when the guests failed to lock or secure the premises or property, including items such as bikes. Any damages caused from an animal or damages resulting from unauthorized smoking in a unit.
• Loss or Damage in excess of $2,500.
• Loss or Damage to any of guest’s personal property. The Plan applies only to the direct physical loss or damage to covered property. It does not cover loss of use of such property.

This waiver is not intended in any way to provide reimbursement or coverage for the following items, which shall remain the responsibility of the owner of the Property:

• Damages that constitute normal wear and tear.
• Damages resulting from acts of God, including but not limited to acts resulting in fire, flood, or other natural disasters.
• Damages or losses to Property, which are unrelated to the actions of the guest.
• Theft that occurs despite the guests’ reasonable efforts to secure the Property and related items.

Procedures: When a guest provides notice to the Owner prior to check-out of accidental or inadvertent damage to the Property, the Company 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 shall be made in the sole and absolute discretion of the Owner provided there is some reasonable basis for making such a determination. The Owner has ultimate claim administration authority.

Bike Liability Waiver & Damage Addendum.

The following terms apply to the use of any complementary bicycles and related biking equipment provided at the Property:

• The person who executes this Rental Agreement via their electronic signature (hereinafter “Operator”) assumes complete liability for the care of and use of any complimentary bicycles provided during their stay, and assumes full liability and responsibility for ensuring adherence to the rules and safety information provided herein.
• Operator expressly acknowledges and agrees that operating a bicycle involves the risk of serious bodily injury or death, and/or property damage and hereby assumes such risk knowingly and voluntarily.
• In consideration of being permitted to ride the bicycles provided, Operator does for themselves, their guests, their heirs, executors, administrators and assigns, hereby release and forever discharge the Owner and Owner’s agents, employees and assigns from any and every claim, demand, action or right or action of whatever kind or nature, either in law or in equity, arising from or by reason of any bodily injury or personal injuries, known or unknown, death or property damage resulting, or to result, from any accident that may occur and any activities in the operation of the bicycles whether by negligence or otherwise that result in injury or damage.
• Operator also hereby indemnifies and holds harmless the Owner and Owner’s agents, employees and assigns from and against any claims or suits made or filed by anyone who rides the bicycles provided to Operator through this Rental Agreement.

Rules of the road apply when bicycles are being ridden. Guests will obey all local, state and federal regulations regarding the operation of this equipment on public traffic ways, parking lots, and in public areas, including but not limited to:

• A bicycle rider or passenger (including a child who is riding in a trailer or semi-trailer attached to a bicycle) who is under 16 years of age must wear a bicycle helmet that is properly fitted and is fastened securely upon the passenger’s head.
• Children under 4 years of age, or who weigh 40 pounds or less, must be in a seat or carrier that is designed to carry a child of that age or size and that secures and protects the child from the moving parts of the bicycle.
• A bicycle rider may not allow a passenger to remain in a child seat or carrier on a bicycle when the rider is not in immediate control of the bicycle.
• Please always ride in the lane marked for bicycle use if one is available.
• Because the bicycles provided are not equipped with the statutorily required lighting sufficient to allow riding in the dark, no riding between sunset and sunrise is permitted.
• Parent and guardians are responsible for ensuring that your minor children are in compliance with these safety guidelines.
• Operator agrees to properly secure the bicycles at all times to avoid theft, damage or unauthorized use. This includes ensuring that all bikes are locked and properly secured when they are ridden to another location. Every bike should come with a lock. In the event you don’t have sufficient locks to secure the bikes, please let us know immediately. If a bike is lost during your stay, or stolen while bike is not secured with a lock, your credit card or checking account on file will be charged for the replacement cost of each lost or stolen bike which is currently $450.00.
• Operator agrees that the bicycles will only be left at the Property overnight and not at any other locations. Operator agrees that bikes are complementary and not guaranteed at the
• Property. Bikes can be removed for maintenance or other reasons. No refunds or replacements in the event bikes are removed.

Swimming Pool and Hot Tub Usage – Release of Liability, Waiver of Claims, Express Assumption of Risk and Indemnity Agreement.

• In consideration for receiving access and/or permission to use any swimming pool, spa or hot tub (“Activity”) at the Property or otherwise made available to you as an amenity in conjunction with your rental of the Property, you hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE, AND AGREE TO INDEMNIFY AND HOLD HARMLESS for any and all purposes the Owner and Owner’s agents, volunteers, or employees (herein collectively referred to as RELEASEES) FROM ANY AND ALL LIABILITIES, RESPONSIBILITIES, CLAIMS, DEMANDS, CAUSES OF ACTION OR INJURY, INCLUDING DEATH, that may be sustained by you or your guests or invitees while participating in such ACTIVITY, whether caused by RELEASEES’ active or passive negligence.
• You agree that you are fully aware that there are inherent risks involved with ACTIVITY, including but not limited to possible physical injury (including, but not limited to broken bones, strains, sprains, bruises, concussions, heart attack, heat exhaustion) and loss of life and you choose to voluntarily participate in said ACTIVITY with full knowledge that said ACTIVITY may be hazardous to you, your guests, your invitees, and your property (“You”). YOU VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF LOSS, PROPERTY DAMAGE OR PERSONAL OR EMOTIONAL INJURY, INCLUDING DEATH, that may be sustained by You as a result of participating in said ACTIVITY, whether supervised or unsupervised. You further agree to indemnify and hold harmless the RELEASEES for any loss, liability, judgment, settlement, damage or costs, including court costs and attorney’s fees for both the trial and appellate levels that may occur as a result of or in any way related to Your participation in said ACTIVITY, whether caused by RELEASEES’ active or passive negligence or otherwise.
• You agree to be responsible for the day-to-day general safety conditions of any swimming pool and/or hot tub to use at your rental Property. This includes, but is not limited to, keeping the swimming pool, spa and/or hot tub clean of debris, keeping the swimming pool, spa and/or hot tub areas clean, neat and organized, keeping all gates and doors locked and the swimming pool, spa and/or hot tub area secured at all times, and operating the swimming pool, spa and/or hot tub in a safe, responsible manner.
• You understand that RELEASEES may not maintain any insurance policy covering any circumstance arising from your participation in this ACTIVITY or any event related to that participation. As such, you are aware that you should review your personal insurance coverage.
• You hereby certify that you are at least 18 years of age and you are legally competent to enter into this Agreement, including the Release, Waiver, Assumption, and Indemnity provisions contained herein. You agree that it is your express intent that this release shall bind the members of your family and spouse if you are alive, and your heirs, assigns and personal representatives, if you are deceased, and shall be governed by the laws of the State of Florida.

ENFORCEMENT; COLLECTIONS; VENUE; WAIVER OF JURY TRIAL.

Should the Owner be required to initiate any action against you to enforce any of the terms of this Agreement, the prevailing party in said action shall be entitled to reimbursement of its reasonable attorney’s fees and costs associated with the action, including any trial and/or appellate fees/expenses, and including those fees/costs incurred to litigate the amount of fees/costs due to the prevailing party, plus interest on the amount due of eighteen percent (18%) per annum or the maximum amount allowable by law. Further, this document shall be interpreted according to the laws of the State of Florida. Venue for any action arising out of or related to this document shall lie exclusively in the county where the Property is located, and you hereby consent to the personal jurisdiction of the state courts in said county. Further, if any litigation arises out of or relating to this document, you hereby KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAVE YOUR RIGHT TO A TRIAL BY JURY FOR SAID LITIGATION.

No Credit Card Chargebacks.

By signing this Agreement, you agree that any charges to your credit card, for amounts due per the above stated rental policies, are non-refundable and cannot be reversed by your credit card company; said charges and/or disputes shall be settled solely between you and Owner and shall not be adjudicated by the credit card company.

Balconies:

If the Property contains a balcony, you agree to keep all children away from the railing. Further, all persons are prohibited from climbing on or leaning over the railing. You hereby agree to release, indemnify, hold harmless and defend the Owner and/or Owner’s agents from and against all claims, suits, damages, costs, losses or expenses arising from injury to any person due to non-compliance with this paragraph.

ACKNOWLEDGEMENT:

I/we, the undersigned, hereby apply for the above listed accommodation and warrant that I/we have read, understand and agree to the terms and conditions of this application, and I/we agree to abide by homeowners/agents/association restrictions on use of said property. I/we further understand and represent that I/we are executing this application on behalf of all parties named on the guest list. *I agree that this is a legally binding document and I have read all terms and conditions in this document.

* By signing this Rental Agreement, I authorize Owner to charge the card I’ve provided for any additional requested rental expenses incurred, and to pay for those damage or excessive cleaning expenses incurred that are not covered for reimbursement under the Security Deposit Protection plan. I also hereby confirm that the number of guests will NOT be more than stated in this Agreement at any time and that violation of this policy will result in this credit card being charged maximum occupancy or double the guest fees, whichever is greater.

We look forward to your visit! Please don’t hesitate to contact us with any questions or concerns.

INDEMNIFICATION FOR USE OF LOW-SPEED VEHICLE (LSV)

WHEREAS, the Owner has or manages a certain State of Florida Street-Legal Low Speed Vehicle (“LSV”) located appurtenant to the Property, and is willing to grant Renters Permissive Limited Use of the LSV pursuant to certain terms and conditions as more fully described in this Agreement; and

WHEREAS, Renters, hereinafter referred to as “Operators” for the purposes of this Indemnification, are desirous of using the LSV during their stay at the Property pursuant to such terms and conditions as specified within this Agreement;

NOW THEREFORE, for the sum included in the Rental Agreement (or additional rental amount if rented separately) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows:

• Operators, as a condition of Owner granting Permissive Limited Use of said LSV, specifically represent: Operators are at least 25 years of age.
• Operators have, in their possession, a valid unrestricted use US State or Government motor vehicle Operator License.
• Operators have in force motor vehicle public liability insurance with a minimum of $300,000 bodily injury and property damage liability coverage combined single limit (each accident), uninsured motorist – non-stacked of a minimum $300,000 coverage combined single limit (each accident) and medical payments of at least $1,000 per person/accident.
• Operators agree to immediately inform Owner of any property damage or personal injury accidents or other losses/actions occurring during the use of the LSV, and to file a Police Report within (12) hours of any occurrence(s).
• Operators will sign/date the LSV Operator Usage Agreement (to be provided at the time of check-in), and list their State/License ID#/Insurance Carrier on the Usage Agreement to Owner prior to the operation of said LSV. For the limited use of the LSV, Operators and registered tenant(s)/guest(s) shall hold harmless, indemnify and defend Owner and their agents and property owners, from any loss, damage or claims arising from the use of or in any way connected with the use of the LSV, including but not limited to, theft, vandalism or Hit and Run of the LSV, or their personal property in/on the LSV, damages to the LSV or by the LSV regardless of ”at fault” responsibility, injury to any Party caused by or from the use of the LSV, motor vehicle moving or parked, towing or impoundment violations, etc. Operators agree to use reasonable care, judgment and due diligence regarding the operation of the LSV.
• Operators further understand/agree that any limited warranties as to the LSV safety or operability (excluding gross negligence) are hereby specifically disclaimed by Owner. Furthermore, it is the Operator(s) affirmative obligation to know, understand and obey the State of Florida motor vehicle rules and regulations of operating the LSV, including but not limited to, DUI alcohol, controlled substances and/or open container laws. Operators further understand that the LSV may only be used on streets marked (35) MPH or less and MAY NOT BE USED TO DRIVE ON OR ACROSS US HIGHWAY 98.
• Operators further understand and agree that they will be legally/financially responsible for any and all property damage and/or personal injury claims to or by the LSV, together with any moving/parking violations and/or towing/impounding release charges/fees, while in their care and use of the LSV, if their insurance carrier fails or refuses to pay any said claims/charges/fees, regardless of their ”at fault” responsibility which may exceed the Damage Security Deposit. Operators agree they will pay any such property damage amounts or personal injury claims (including any deductibles or in excess of maximum limits), not covered by their motor vehicle insurance carrier, within ten (10) days of written demand by Owner.

In the event of any action(s) involving Owner that are necessary to enforce, defend their rights, or any recovery remedies under this Rental and/or LSV Usage Agreement, Renter(s)/Operator(s) shall pay any and all costs or charges involved with such action(s), including all reasonable attorney’s fees, court costs and filing fees (including those fees/costs incurred on appeal and/or to litigate the amount of fees/costs due Owner pursuant to this paragraph). Owner reserves the right to choose their own legal counsel, and the undersigned parties hereby agree that the venue for any legal actions shall lie exclusively in Okaloosa County, Florida in a court of competent jurisdiction, and Operators hereby expressly consent to the personal jurisdiction of said courts.

LSV OPERATOR USAGE AGREEMENT

You must agree to the following general rules for use of the LSV and inspection form and fees schedule, and provide the requested driver and insurance information:

• You are responsible for any and all damage, loss, or theft of the LSVLSV during your stay.
• Any insurance purchased from HomeAway/VRBO, or other rental sites does not include coverage for injuries or damages caused by the LSV.
• Your auto insurance must cover you when driving other vehicles including LSVs. You must provide us with a copy of the front and back of your auto insurance card. You must provide us with a copy of the front and back of your driver’s license.
• You must adhere to all road rules just as you would when driving your personal vehicle. All passengers must wear their seat belts at all times; otherwise, the police will stop you. You will not drive the LSV on the sandy beach.
• The LSV should be parked like your personal vehicle, and the keys always kept on your person. Lost key fee is $75.00.
• You will keep the LSV plugged in and charging when not in use, and overnight.
• If the LSV breaks down, we will have it repaired, but we make no promises as to its availability during your stay. It is provided as a courtesy amenity only. If you’ve paid a separate fee you will be refunded for any days the LSV was not available while it is being repaired, else there will be no refunds provided.

Fee Schedule:

The following fees will be withheld from your security deposit for any damage to the LSV during your stay:

• Scratches: $25 each (more if deep or long)
• Dents or chips: $50/each (more if deep or wide)
• Torn, stained, or any damage to seats: $175 per seat
• Mirrors damaged or missing: $75/each
• Lights/reflectors broken: $75/each
• Curb rash on wheels or tires: $200 per wheel
• Stranded cart due to running down the batteries: $100

Other damages not listed above subject to reasonable assessment.

By reading and signing this agreement, you are stating that you, your family, or anyone who utilizes the LSV from your reserved rental property listed above has read, understands, and accepts these usage conditions and indemnification terms, and hereby agree to indemnify, defend and hold harmless Sugar Palm Vacation Rentals and its employees/agents, and the owner of the rental property you are staying in, from any and all liability that may arise from your use of the LSV.
Please sign below stating that you have read, understand, and agree to this agreement.