THE MAGNIFICAT

128 BEACH DRIVE WEST UNIT A

MIRAMAR BEACH, FL 32550

RENTAL AGREEMENT

1. Rental Agreement:

This Rental Agreement (Agreement) constitutes a contract between the Guest (you, your) and SEA-E-O Luxury Vacation Rentals, LLC (us, we, our) of the Vacation Rental Property for consideration as set forth in Article 3 below herein for The Magnificat 128 Beach Drive West, Unit A, Miramar Beach, FL 32550 (property). By signing this Agreement, you and your guests are agreeing to all terms and conditions listed in the Rental Agreement. Your vacation rental is a transient rental under state law. This means that your tenancy is temporary for the stated time period in the reservation only. At no time is the property to be sublet or assigned to another individual. Please do not make any repairs, alterations, or improvements in or about the property. By submitting this online booking form, I, the Guest user of this website agree to abide by the below terms and hereby swear that the information provided herein is true and correct.

2. Confirmation of Reservation:

Your reservation is confirmed when we receive your signed Rental Agreement. The name on this Agreement must be an adult who is at least 25 years old and will be the responsible party for the reservation, all guests and rental obligations.

3. Payment:

An advance payment equal to 50% of the rental rate is required at the time of booking. The advance payment will be applied toward the rent. Please make payments via credit card or personal checks. The advance payment is not a damage deposit. The balance of the rent is due 90 days before your arrival date. Reservations made less than 90 days prior to arrival require full payment at the time of booking.

4. Security Deposit:

Accidental damage insurance policy has been purchased in lieu of payment of a $1000 security deposit. If damage exceeds the amount of the insurance proceeds, you agree to pay any and all damage charges or missing items above the accidental damage policy with the credit card used to make this reservation. The property is inspected before and after every tenancy. While you are at the home, we ask your cooperation in reporting any damage or missing items immediately. The following provisions must be met to avoid additional fees or charges to your credit card: (1) no smoking any where on the property; (2) no pets if prohibited by us; (3) all check-out procedures and departure instructions were followed; (4) no damage or missing items to the property or its contents beyond normal wear and tear; (5) all furniture is returned to the original position and or location and (6) the number of guests did not exceed the agreed upon number of occupants stated on this reservation.

5. Reservation Cancellation Policy

No refunds for cancellation of the reservation. However, should the Govenor of Florida issue an Executive Order prohibiting your entry into the State of Florida we will issue you an equal value stay credit until 1 year from the date of your scheduled arrival. Your balance must be paid in full and should the nightly rate be higher, we will apply the full amount to your new balance and Guest will be resposible for the difference. Additionally, to protect yourself from unforeseen circumstances, we highly recommend you purchase travel insurance for your protection and rental reimbursement. If you cancel your reservation outside of 180 days prior to your arrival date to the property, we will attempt to re-rent the unit. If the unit is not re-rented for the canceled period, the entire rental payment will be forfeited. If the unit is re-rented, advance rental payments paid, less a 10% cancellation fee and any difference in the rental rate (if any), will be refunded upon receipt of the full rent payment from the new guest or tenant. The home cannot be sublet.

6. Check-In Time

Check-In time is 4:00 pm (Central time). Due to our high standards for cleanliness, there exists a slight possibility the home may not be fully ready for check in at 4:00 pm. We ask for your patience and suggest that you have alternate plans available between 4:00 and 5:00 pm (e.g., use of private beach). Early check-in times, when available, will be assessed a $295 fee.

7. Check-Out Time

Check-out time is 9:00 am. There are no refunds for early departures, shortened stays, or late arrivals. Any guest that desires a late checkout, when available will be assessed a charge of $295. In the periods where late check out is NOT available, we will assess a $295 charge against your credit card used to make this reservation for each hour of late departure.

8. Occupancy

The maximum number of guests, including children, is limited to 22 - no exceptions. Violation of this will result in forfeiting the rent paid, unless approved by SEA-E-O Luxury Vacation Rentals, LLC in advance. Guest is responsible for their own security and personal items while in the property by locking doors, windows, garage doors, etc. when it is prudent to do so.

9. Cleaning

While linens and bath towels (not beach towels) are included in the unit, daily maid service is not included. We do not permit bath towels or linens to be taken from the home or to the beach. An initial setup of trash liners, bathroom paper, and hand soap will be provided. You will be responsible for the cleaning during your stay and for leaving the home in good condition at checkout. If you are not satisfied with the condition of the home upon your arrival or during your stay, please contact us immediately. We will do our best to rectify the situation as soon as possible. You hereby agree, no compensation will be requested by Guest or given by SEA-E-O Luxury Vacation Rentals, LLC for any cleaning issue during or after your stay. Please remember that you are staying in a privately owned “home”; please treat it, as you would want someone to treat your home. If accommodations are left damaged or unusually messy (such as unwashed dishes, garbage left in the house or stains on the furniture, sheets, towels, or carpet), your credit card or security deposit will be charged accordingly and/or an additional cleaning charge may be incurred.

10. No Smoking

Smoking is strictly prohibited inside the home or anywhere on the property. You will incur an additional charge for carpet cleaning and deodorizing if any evidence of smoking is found inside the home. No cigarette butts or ashes are to be left on the property.

11. No Pets

Unless previously approved by SEA-E-O Luxury Vacation Rentals, LLC and the payment of the $500 /pet fee is made, absolutely no pets are allowed. If evidence of a pet(s) is found in the home or on the premises without the payment of the $500 /pet fee, you will be asked to vacate immediately with no refund of rent, payment or deposit. You will incur an additional charge to your credit card for carpet cleaning, deodorizing and/or “flea bombing” if any evidence of a pet is found in the home.

12. Severe Weather/Hurricanes/Tropical Storms /Mandatory Evacuation

There are no refunds for severe weather including hurricanes, hurricane evacuations, high winds, severe rain, and tropical storms. It is highly recommended, but not required, that you purchase travel insurance. It is up to you to purchase the insurance, it is not our responsibility.

13. Conditions Beyond Our Control: We are not liable for events beyond our control which interfere with your scheduled occupancy, including, but not limited to: acts of God, acts of governmental agencies, fire, strikes, war, tornado, hurricanes, tropical storms, ice storm, severe weather, inclement weather, ferry boat cancellation, loss of electricity, or loss of water. There will be no refund in these circumstances. We highly recommend you purchase travel insurance prior to arrival.

14. Travel Insurance Provided by TRAVEL GUARD: Every year, rainstorms, high winds, hurricanes, and other unexpected weather events cause travelers to delay, interrupt or even cancel their trips completely. A travel insurance plan can help cover your vacation investment. Specific coverage questions should be directed to Travel Guard (1.800.826.4919 or www.travelguard.com/astp). Please refer to product number 008573/008574 P1 & account number 97908. Coverage is offered by Travel Guard Group, Inc., and limitations will apply. Please visit www.travelguard.com/disclaimer for full disclaimer.

15. Accidental Damage: Any damage, accident or missing items remain the responsibility of the Guest and will be automatically charged to the credit card on file.

16. Insurance: Guest is expressly excluded from any insurance policy held by us. You understand that it is suggested that you carry renter's insurance to cover your personal belongings.

17. No Daily Housekeeping

There is no daily housekeeping service. While linens and bath towels are included with the property, daily maid service is not included in the rental rate.

18. Parking

This property prohibits the on-site parking of recreational vehicles, personal watercraft (boats, trailers, etc.) and restricts the number of motorized vehicles to 6. There is NO parking that blocks the fire hydrant or on the street or Cul-de-sac.

19. Age Requirements

We do not rent to vacationing students or singles under 25 years of age. No unchaperoned groups. Any violators will be evicted immediately according to Florida Statue 508.141 with forfeiture of all monies. Any reservation obtained under false pretense will be subject to forfeiture of the entire rental payment. House parties and underage drinking are not tolerated. If we are made aware of underage drinking in the home or illegal drug use, anywhere on the property or on the beach and/or if the police or law enforcement are called to this home for any type of disturbance, violators will be immediately evicted from the premises and your entire rent and/or payments will be forfeited.

20. Miscellaneous Requirements Please report any damage or maintenance or repair issues during your stay so that we may make arrangements for repairs and/or maintenance. Repairs to the home appliances, TVs and electronics, air conditioning units, fans, furniture, bathrooms, plumbing, electrical, etc. will be made as soon as possible. It is hereby mutually agreed, there are no refunds or adjustments to rental amount should any such failure occur. SEA-E-O Luxury Vaction Rentals, LLC or an agent of SEA-E-O Luxury Vacation Rentals, LLC may enter the premises for routine maintenance or to make repairs. Please inform us as soon as possible if something is not working properly. No compensation will be requested by Guest or given by SEA-E-O Luxury Vacation Rentals, LLC for malfunctioning electronics, appliances, plumbing, air conditioning or heating units. We will attempt to rectify any problems with malfunctioning equipment as quickly as possible. Any third party service calls for lost codes, locked-out guests or unplugged or relocated WIFI equipment, will incur a minimum $100.00 charge to the guest’s credit card used to make the reservation or deducted from the security deposit.

Guest accepts all risk of using the beach and specifically agrees that no minor will swim unaccompanied by an adult. It is the responsibility of the Guest to learn about safety precautions, warning signs of conditions, and safety procedures concerning swimming in or being around water, ocean life, fish, animals, plants and other potentially hazardous elements. Pursuant to HOA regulations, there are no trailers, boats or jet skis allowed in the community. Items are not to be left unattended on the beach from 1 hour after sunset through 1 hour after sunrise. A fine may be incurred by Walton County Florida for any unattended items left overnight, glass found on the beach or pets. We are not responsible for any fines issued to you as the guest in our home by law or code enforcement and/or Walton County. We are not responsible for any lost and/or stolen personal items from the property or on the beach. We are not responsible for any changes to local, federal or state laws, HOA or building restrictions, or code enforcement for events on the beach including but not limited to: weddings, receptions, anniversaries, reunions, birthdays, parties, celebrations, family gatherings, etc. ALL GUEST EVENTS ON THE BEACH OR ON THE PROPERTY ARE AT THE SOLE RISK AND EXPENSE OF GUEST. No refund of deposits or rent paid by Guest will be made due to Guest for any changes in the local or state laws or codes, a weather-related event or to the Guest’s event plans. There will be no refund under these circumstances or for the cancellation of a wedding or any other Guest event. We highly recommend you purchase travel insurance prior to arrival to address these issues.

House Rules

1. We require that you respect this property and treat it as your own so that our family, and other families, can enjoy this property.
2. AC units are not to be running and cooling if windows or patio doors are left wide open. If you would like to keep the patio glass sliding doors open or the exit doors to the beach, please turn off the AC units. If the doors remain open longer than 2 minutes, the thermostats will automatically turn off the AC and it will not turn back on until the doors are fully closed for another 2 minutes. This will help prevent the AC units from freezing and keep the AC units operational.
3. We want our Guests to enjoy all the fresh seafood the Gulf has to offer. However, freshly caught fish or any other food that transmits an odor to the refrigerator or freezer, Guest agrees to use a separate ice chest from the refrigerators or freezer to store such seafood.
4. Quiet hours for the neighborhood are 10 pm to 9 am. Please respect your neighbors.
5. Guests must shower and remove excess sand or suntan lotion before entering the home.
6. Please minimize sandy bathing suits or dripping inside the home.
7. No damp clothing or sunscreen allowed on any furniture or bed linens including comforters.
8. Guest acknowledges that outdoor 24/7 security cameras are in use for their personal protection and the property.
9. Guest acknowledges fire extinguishers are located on all 3 levels; specifically the third level master bedroom bathroom sink cabinet and below the each of the kitchen sinks on levels 1 and 2.
10. Guest acknowledges that there may be no carbon monoxide detector on the property and accepts the risk involved in not having one.
11. Guest agrees to notify us immediately upon their arrival if there is anything that they need, if the property does not meet your expectations, or if you note any damage and/or missing furnishings or items.

21. INDEMNIFICATION

For the purposes of this Agreement, “Claims” means all losses, fines, suits, proceedings, claims, demands, debts, obligations, liabilities, judgments, damages, and actions of any kind or nature, as well as attorneys’ fees, costs of investigation, settlement costs, lost profits, charges, expenses and taxes arising out of, relating to or in any way connected with the foregoing. Guests shall be solely and completely responsible for any and all Claims arising out of, relating to or in any way connected with their occupancy of the home including, without limitation, beach area, STAIRS, decks, and balconies. In addition, guests agree to indemnify, defend and hold harmless the owners of the home, Jay and/or Laura Weiner, Laurie Dubiel and/or David Dubiel, SEA-E-O Luxury Vacation Rentals, LLC, and Townes Owners’ Association, Inc., Johnson Partnership One, LLC, and 128 Beach Drive West A Land Trust at the guests’ sole expense for all Claims arising relating to or in any way connected with their occupancy of the home. This indemnity and all of the guests’ obligations and duties hereunder shall continue in full force and effect subsequent to guests’ occupancy of the home. Guests acknowledge and agree that their use of the beach area, stairs, decks, and balconies, is at their sole responsibility, risk, and peril and waive any claims arising out of, relating to or in any way connected with such use.

22. Amendments

This Agreement may not be modified or amended except by a written agreement signed by SEA-E-O Luxury Vacation Rentals, LLC and Guest.

23. Waiver

Waiver by SEA-E-O Luxury Vacation Rentals, LLC of any particular default by guests shall not affect or impair SEA-E-O Luxury Vacation Rentals, LLCs’ rights with respect to any subsequent default of the same or a different nature; nor shall any delay or omission of SEA-E-O Luxury Vacation Rentals, LLC to exercise any rights arising from a default affect or impair SEA-E-O Luxury Vacation Rentals, LLCs’ rights as to said default or any subsequent default.

24. Recovery of Legal Fees and Costs

If it becomes necessary for SEA-E-O Luxury Vacation Rentals, LLC to engage the services of an attorney in order to enforce this Agreement or defend any Claim made or action brought by any third party against SEA-E-0 Luxury Vacation Rentals, LLC arising out of relating to, or in any way connected with guests’ occupancy of the house, Guest agrees to reimburse SEA-E-O Luxury Vacation Rentals, LLC for all costs and expenses, including attorneys’ fees incurred by SEA-E-O Luxury Vacation Rentals, LLC in enforcing or defending any Claim or obligation under this Agreement.

25. Governing Law

This Agreement, the rights granted and the relationship created hereunder shall be governed, interpreted and construed in all respects in accordance with the internal laws of the State of Florida without regard to choice of law provisions.

26. 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.

27. Consent to Jurisdiction and Venue

Guests agree that any legal action arising out of, relating to or in any way connected to this Agreement or the relationship of the parties hereunder shall be brought in Miramar Beach, FL, County of Walton. Guests hereby irrevocably consent and submit to the jurisdiction of such Courts and for such purposes and waive any objection they may have to either the jurisdiction or venue of such Courts. Guest irrevocably submits to the exclusive jurisdiction of such court in any such suit, action or proceeding and waives any objection based on improper venue or forum nonconveniens. Service of process, summons, notice or other document by email or regular mail to Guest’s address used to make this reservation shall be effective service of process for any suit, action, claim or other proceeding brought in any such court.

28. Entire Agreement

This Agreement constitutes the entire agreement between the parties hereto, and it is acknowledged by the parties that except as expressly provided in this Agreement, there are no representations, warranties, or other agreements expressed or implied, oral or written, in any way relating to the provisions hereof. This Agreement, when fully executed, shall supersede all prior negotiations, understandings, representations, and agreements, oral or written, between the parties concerning the subject matter of this Agreement.

29. Departure Instructions

Please take out the trash to the front curb and clean outdoor propane grill, if used during stay. Place all towels on the bathroom floor. PLEASE DO NOT REMOVE THE LINENS FROM THE BEDS. Return TV remotes to each respective room. Sinks are to free of dirty dishes, glassware, pots, and pans. Place all dirty dishes and glassware in the dishwasher and activate. Thermostats on each floor are to be raised to 72 degrees upon departure. All panel blinds are to be closed to prevent excessive heat for the next guest. ALL FURNITURE IS TO BE RETURNED TO ITS ORIGINAL POSITION AND/OR LOCATION FOUND UPON ARRIVAL OR ADDITIONAL CHARGES WILL BE INCURRED TO THE CREDIT CARD USED TO MAKE THE RESERVATION. SEA-E-O Luxury Vacation Rentals, LLC is not responsible for items or valuables left in the home during the stay or after departure.

30. Scheduled Maintenance

We hope you will enjoy your stay at our home. As you can see from the online pictures, we have a full kitchen with a full complement of appliances, AC cooling and heating units, a propane gas grill, multiple full baths, an ice maker, beverage coolers, multiple TV’s, lighting and outdoor landscaping. We take pride in keeping them fully operational and in good repair that sometimes requires maintenance visits during your stay. Every effort will be made to not interrupt your activities. Your understanding and cooperation are greatly appreciated.

31. Electronic Signature

Any signature delivered by a Guest or SEA-E-O Luxury Vacation Rentals, LLC by electronic online or cell/mobile phone transmission will be deemed an original signature hereto.

32. Acknowledgment

Access to the Property will not be allowed until the Rental Agreement is signed by the responsible party staying in the home and returned to the address listed below. Should the responsible party fail to sign the Rental Agreement, all monies, including rental fees and Deposits are forfeited. Execution of this Agreement acknowledges that you understand the cancellation policies and accept the terms and conditions of this Rental Agreement. Your reservation is not confirmed until we have your signed agreement. You are responsible for providing a copy of this agreement (including its attachments) to each person who will be joining you at the Premises or otherwise providing any portion of the payment for the reservation. By your signature, you are binding each of them individually to the terms of this agreement, including responsibility for any fees or other charges incurred during the stay, to the same extent as if he or she had individually signed this agreement.

BY SIGNING BELOW, I (GUEST) ACKNOWLEDGE THAT I (GUEST): (1) HAVE READ AND UNDERSTAND THIS AGREEMENT IN ITS ENTIRETY, INCLUDING THE APPENDIXES ATTACHED HERETO, (2) AGREE TO COMPLY WITH THE TERMS AND CONDITIONS SET FORTH HEREIN, INCLUDING THE VACATION RENTAL PROPERTY RULES, HOUSE RULES, WEATHER, SMOKING, CANCELLATION POLICIES AND THE RECOMMENDED TRAVEL INSURANCE FOR PURCHASE TO COVER REIMBURSEMENT OF UNFORESEEN OR UNEXPECTED EVENTS, (3) UNDERSTAND, INTEND AND DESIRE TO RELEASE WHITE SAND BEACH PROPERTIES, LLC (AS DEFINED IN THE STANDARD RENTAL TERMS) 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 TEXAS, (4) AGREE TO PROMPTLY PROVIDE A COPY OF THIS AGREEMENT IN ITS ENTIRETY, INCLUDING THE APPENDIXES ATTACHED HERETO, TO EACH OCCUPANT OF THE PREMISES AND EACH PAYOR, AND (5) UNDERSTAND THAT I AM RESPONSIBLE FOR THE ACTS OR OMISSIONS OF EACH OCCUPANT ON THE PREMISES DURING MY STAY, INCLUDING FOR ANY FINANCIAL DAMAGES CAUSED BY ANY OCCUPANT.

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Guest Signature, individually and on behalf of all occupants of the Property during your stay

_____________________________

(Date)

THE MAGNIFICAT

128 BEACH DRIVE WEST UNIT A

MIRAMAR BEACH, FL 32550

BEACH RELEASE AND/OR WAIVER

1. Guest and their visitors will comply with the Rules of Conduct listed below for users of the beach area at the Property. Guest agrees to inform their visitors of these rules and will ensure that they will also abide by those rules.
2. Guest assumes all risks relating to or arising out of the use of the beach by themselves and their visitors. Guest understands that no lifeguards are provided at the beach and that they and their visitors will be swimming at their own risk. In consideration of being allowed to use the beach, Guest, on behalf of themselves and their visitors, their legal representative, heirs, successors, and assigns, do hereby release, waive, and discharge SEA-E-O Luxury Vacation Rentals, LLC, the owners, and their officers, directors, agents, and employees (“the Releases”) from any and all liability to Guest and their visitors, their spouses, legal representatives, heirs, successors, and assigns from and against any and all loss or expense (including reasonable attorney’s fees and costs related to any litigation and any appeals), and any claim or damages on account of injury to Guest or visitors, even injury resulting in death, whether caused by the negligence of Releases or otherwise, arising out of or relating to use of the beach.
3. Guest agrees to defend, indemnify and hold harmless the Releases and each of them from any loss, damage, or cost of any kind whatsoever they may incur due to or arising out of or relating to Guests’ presence, or the presence of their visitors, in or upon the beach, whether caused by the negligence of Releases or otherwise.
4. Guest expressly agrees that this Waiver and Release is intended to be as broad and inclusive as permitted by the laws of the State of Florida and that if any portion of it is held invalid, the balance shall continue in full force and effect.
5. Guest hereby release and discharge the Releases from any and all claims whatsoever on account of first aid treatment or services rendered to or by Guest, their visitors, or any minor child for which they are responsible, arising out of or relating to or necessitated by the use of the beach.
6. This Waiver and Release contains the entire Agreement between Guest and Releases relating to the subject matter hereof, and the terms of the Waiver and Release are a contractual and not mere recital.
7. Guest further states that they have carefully read the foregoing Waiver and Release, understand the contents and have signed it as their own free act.
8. Guest has read the conditions and rules listed on this form and understand and agree to abide by these conditions and rules.

RULES GOVERNING THE USE OF THE BEACH

1. TOWELS FROM THE HOME ARE NOT TO BE TAKEN OR USED ON THE BEACH. MISSING OR EXCESSIVE SOILED TOWELS WILL BE CHARGED TO GUEST AND DEDUCTED FROM SECURITY DEPOSIT.
2. The use of the beach is restricted to Guests and their visitors.
3. Use of the facilities is at the Guest’s own risk. Lifeguards are not provided.
4. Children under the age of 12 must be accompanied by an adult of at least 18 years of age to the beach.
5. All authorized persons must place a towel or other material between their bodies and the furniture from oils and greases.
6. Glass bottles or breakable containers are not allowed on the beach.

Any signature delivered by a Guest or SEA-E-O Luxury Vacation Rentals, LLC by electronic and/or online transmission will be deemed an original signature hereto.

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Guest’s Signature , individually and on behalf of all occupants of the Property during your stay

Date:

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FRIENDLY REMINDER:

UPON CHECKOUT, REMOVE ALL TRASH FROM THE BEDROOMS AND TAKE OUT THE TRASH CANS TO THE FRONT CURB. CLEAN THE OUTDOOR GRILL, IF USED. CLOSE PANEL BLINDS. RAISE THERMOSTATS TO 72 DEGREES. PLACE DIRTY DISHES IN DISHWASHER AND ACTIVATE BEFORE DEPARTURE. DO NOT REMOVE THE LINENS FROM THE BEDS OR TOWELS FROM THE BATHROOMS. ALL FURNITURE IS TO BE RETURNED TO ITS ORIGINAL POSITION AND/OR LOCATION FOUND UPON ARRIVAL. AT TIME OF DEPARTURE, PLEASE DO NOT DEADBOLT THE GARAGE DOOR ON LEVEL 1 LEADING FROM THE INSIDE OF THE HOME TO THE 2 GARAGES. AFTER YOU LEAVE THE MAGNIFICAT, THE CLEANING CREW ENTERS THE HOME THROUGH THIS DOOR.

THANK YOU SO MUCH!!!