Terms of Use

SHORT TERM RENTAL AGREEMENT

This Short-Term Rental Agreement (“the Agreement”) pertains to the short-term rental of a Trailer/ RV (“the Property”) of Country Camper RV Rentals LLC.

The Parties to the Agreement are Country Camper RV Rentals LLC, (“Operator”) and the person renting the Property (“Guest”).

Operator listed the Property on an internet, rental website, and highlighted price and occupancy terms and conditions of the short-term rental offer (“the Listing”) which this Agreement supplements.

Guest accepted Operator’s offer and booked the Property through the internet, Country Camper RV Rentals LLC rental website (“the Booking”). Guest’s assent to this Agreement is a condition subsequent to the booking and must be accepted prior to Guest’s entry and or use of the Property. If Guest fails to assent to the terms hereof; (a) Operator may at his discretion, cancel the Booking; or (b) Operator may accept the Booking, but Guest’s entry and or use of the Property will operate as Guest’s acceptance of all the terms and conditions hereof and will legally bind Guest to all the terms and conditions hereof.

For good and valuable consideration, as of the date and time of the Booking, the Parties hereby agree as follows:

1. The Parties incorporate herein all terms and conditions set forth in the Listing and any associated guides, including, but not limited to, the dates reserved, the cancellation policy, the number and age of occupants, the term of rental, the check-in and check-out times and dates, pet policy, parking policy, smoking policy, the price for the Booking, any associated fees and/or other duties and obligations.

2. Operator represents and warrants that the Property will be in good condition and substantially as depicted and described in the Listing.

3. Operator represents and warrants that he will not intentionally interfere with Guest’s quiet use and enjoyment of the Property so long as Guest and Guest’s invitees strictly comply with the terms and conditions of this agreement.

4. If the Property experiences mechanical breakdown, water leaking, drainage backup, or other operational deficiencies, Operator agrees to take prompt and reasonable steps to effect repair and/or replacement of defective equipment and/or other aspects of the Property needing repair.

5. Guest agrees not to bring any invitees in or onto the Property unless and until they agree to follow Guest’s instructions and/or otherwise submit to Guest’s control and supervision of their activities while on the Property.

6. Guest will not bring invitees in or onto the Property unless and until they agree to be bound to this Agreement while in or on the Property.

7. Guest and Guest’s invitees owe to Operator the following non-delegable, non-assignable duties: (a) To not deprive Operator of access to the Property as needed for repair and maintenance, for welfare checks and /or to check the status of the Property; (b) To use the Property for leisure activities typically associated with a short-term vacation rental residence and to not conduct any business activities while on the Property, except for remote work accomplished via computer, telephone, or other remote means; (c) To refrain from using power, water, furnishings, or any other aspect of the Property for purposes other than those typically associated with use of a short-term rental residence; (d) To not allow invitees in or on the Property for business purposes or any illicit purpose; (e) To not smoke tobacco or other
substances or allow invitees to do so in or on the Property, with the exception that Guest and invitees may smoke tobacco products while outside the property surrounding the fire pit or away from the property but must remove and dispose of all remnants of the smoked material, such as cigarette butts; (f) To not use illicit drugs or allow invitees to use illicit drugs in or on the Property; (g) To not conduct any dangerous activities in or on the Property which could result in fire, explosion, contamination, physical injury to persons, or damage to any aspect of the Property; (h) To pay all amounts due Operator using legally obtained funds; (i) To defend and indemnify Operator from any and all damages and claims arising from Guest’s and/or invitees’ occupation or use of the Property; (j) To not remove from the Property anything other than Guest and/or invitee belongings, to return amenities to their property storage locations, and to refrain from rearranging, misplacing, altering, and/or tampering in any way with the Property furnishings and equipment, including, but not limited to tampering with security cameras, moving furniture, and/or failing to return amenities to the locations they were found; (k) To actively monitor and supervise all children and other invitees to ensure they do not damage the Property and to prevent them from exposure to dangers including, without limitation, falling, drowning, fire, explosion, scalding hot liquids, propelled objects, contamination, and all other physical dangers associated with their use or occupancy of the Property; (l) To not bring in or onto the Property or ignite/discharge any fireworks/firearms, air rifles, slingshots, and/or archery equipment of any type ; (m) To accept all risks associated with the Property, including the risk from swimming, diving, hot tubing, biological contamination or infections, cooking, and kayaking; (n) To vacate and ensure that invitees vacate the Property when the rental term is over; (o) To not assert, as a legal defense, that Operator has waived any rights or is estopped from asserting any rights owed under this Agreement or under applicable law; (p) To use the Property in such a way that neighbors are not deprived of quiet enjoyment of their Property; (q) To refrain from playing loud music and/or engaging in loud conversation or any activity which disturbs neighbors; (r) To pick up and dispose of all trash and/or other discarded items by placing them in the trash containers on the Property; (s) To not bring any hazardous materials in or onto the Property and/or dispose of any hazardous materials while on the Property; (t) To not discard or dump in or onto the Property any items not typically discarded during usage of a short-term vacation rental residence; (u) To pick up and dispose of all solid pet waste and to do so by bagging the pet waste and placing it in the disposal bin of the Pet Waste Station; (v) Guest shall secure from all invitees the right to act as their agent for purposes of binding all invitees to the terms set forth in this agreement and shall immediately exercise that right upon their entrance upon the Property; (w) To immediately report to Operator any invitees who do not follow Guest’s instructions or directions and/or violate any other terms of this Agreement; (x) To immediately report to Operator any trespassers who are in or on the Property without Guest’s express invitation; (y) To immediately report to Operator of any and all incidents and occurrences in or on the Property which cause or might conceivable cause physical injury or death, monetary damage, and/or claims of any type whatsoever, and understands and agrees, that any failure to promptly make such report will be materially prejudicial to Operator’s legal defenses; and (z) To immediately vacate the Property and instruct all invitees to immediately vacate the Property if Operator so demands, due to a Guest’s or invitee’s failure to comply with this Agreement.

8. Occurrence of any of the following is prohibited and will obligate all Guest(s) and invitee(s) to immediately and permanently vacate the Property, and Operator shall have no obligation to refund any portion of Guest(s)’ payments to Operator: (a) damage to any aspect of the Property; (b) child abuse or domestic violence of any type, or any threats or acts of violence against anyone, whether written, verbal or physical; (c) conducting any organized event in or on the property involving more than the number of Guests declared when the Property is booked; (d) occupancy of the property by more persons and/or pets (or other animal life) than are declared when the Property is booked; (e) conducting any activity which results in law enforcement officers being dispatched to the Property; (f) any act intended or
reasonably expected to cause harm to oneself or others; (g) drug overdose by Guest(s) or invitees; and (h) failure to comply with any term, condition and/or obligation of this Agreement.

9. Guest is aware that the Property has various other amenities are made available for Guest use on the Property. Upon arrival, Guest agrees to visually inspect the premises including all available amenities and to immediately report to Operator via text message or other written means any observable deficinches which might result in injury or death. This inspection shall include, without limitation, furniture, appliances and equipment, fans, kitchen knives and other utensils and culinary apparatuses, outside grills, stoves, smoke detectors, carbon monoxide detectors, fire extinguishers, door laches, and locks. Guest understands and agrees, that any failure to promptly make such inspection and report will be materially prejudicial to Operator’s legal defenses.

10. To the maximum extent allowed by law, on his/her behalf and as the actual or apparent agent of all Guest’s invitees, heirs, assignees, and/or any derivative claimants of any type whatsoever, Guest releases Operator from any and all claims arising from use of the Property, including claims based on Operator’s alleged breach of contract to make and keep the Property safe, failure to have adequate lighting or security, code violation, negligence, negligence per se, Res Ipsa Loquitur, gross negligence, vicarious liability, consequential damages of any type, and/or strict liability including direct claims, derivative claims, indemnification claims and/or subrogation claims (“Guest’s Release”).

11. Guest’s Release includes, without limitation, claims alleging damage or injury arising from use of or exposure to acts of persons in or on the Property, electricity, chemicals, explosion, fire, fireworks, alcohol, drugs, poisons, attempted self-harm, wind, rain, seawater, tides, waves, animals, marine life of any type, swimming hazards, diving hazards, boating hazards, hazards caused by motor vehicles, bacteria, viruses, mold, mildew, water, sewage, hot tub water, bath water, tap water, scalding water or other liquids, bathroom fixtures, kitchen fixtures, sharp instruments, glass, flooding, building defects, small appliances, elevator, bicycles, dock, playhouse, toys, board games and pieces, slip-and-fall hazards, falling object hazards, hoses, water faucets, fan, ice, showers, baths, doors, gates, swings, hammocks, chairs, beds, lawn furniture, and/or toys, indoor furniture, furnishings, equipment or utilities, of any type whatsoever.

12. For all claims against Operator, to the extent that operative law prohibits their full release, Guest agrees to accept as liquidated damages, the actual amount Operator received from Guest as payment for the Booking (i.e. Guest’s payment to Operator, net of any third-party charges associated with the Booking) and agrees that (a) the actual damages flowing from a breach of Booking contract were not readily ascertainable at the time of the Booking, and (b) the agreed-to amount of liquidated damages is not grossly disproportionate to the actual damages that might reasonably be expected to flow from a breach of the contract.

13. Guest understands and agrees that failure to timely vacate the Property will result in direct and consequential damage to Operator in the form of lost profits and/or lost use of the Property and/or lost goodwill. If such losses occur, Guest shall be liable for any and all such damages and agrees to promptly reimburse Operator for such damages, which shall include, without limitation, the revenue which would have been realized from subsequent guests, compensation for Operator’s time and money expended in facilitating alternative accommodations for subsequent guests, consequential damages flowing from Operator’s failure to provide accommodations to subsequent guests.

14. Guest assumes a non-delegable duty to ensure that Guest and Guest’s invitees fully comply with the obligations set forth herein and further agrees to defend and indemnify Operator from any and all claims resulting from Guest’s failure to meet this duty.

15. If legal action arises due to alleged breach of this agreement or pertaining in any way to Guest’s and/or Guest’s invitees’ use of the Property, the Parties agree to waive all rights of removal to Federal Court and submit to the jurisdiction of the courts of the State of Florida.

16. If legal action arises due to alleged breach of this agreement or pertaining in any way to use of the Property, the Operator, Guest and Guest’s invitees agree that the venue for such legal action is Santa Rosa County, Florida and they waive any and all rights to seek a change of venue.

17. If Operator prevails in any legal action arising due to alleged breach of this agreement or pertaining in any way to Guest’s or Guest’s invitees’ use or occupancy of the Property, Guest and/or the invitee(s) initiating such legal action, shall be responsible for Operator’s reasonable attorney fees and litigation costs incurred in defending such legal action.

18. Guest represents and warrants that Guest has carefully read and fully understands this Agreement and has willingly accepted all the terms hereof, is willing and able to comply with all its requirements and was at the time acting as a competent person and not under any duress and herby waives any and all right to contend that this agreement was not timely provided.

19. This fully integrates all terms and conditions and cannot be verbally altered. Any and all changes must be in writing and signed by both parties hereto.

20. If any provision of this agreement is deemed to be unenforceable, the Parties agree and request that the Court: (a) amend the non-enforceable agreement to the minimum extent necessary for it to be enforceable; or (b) the non-enforceable cannot be so amended, to enforce the remaining terms of this Agreement as written.

21. The guest acknowledges and agrees to provide a $350.00 refundable deposit to cover the cost of any necessary repairs resulting from damage to the property or its contents. This includes, but is not limited to, carpets, flooring, walls, doors, structural elements, plumbing fixtures (e.g., toilets, sinks), appliances (e.g., stoves, microwaves, televisions), furniture, rugs, windows, lighting, countertops, or any other items affixed to or located on the property, whether inside or outside.

The operator/owner agrees to inspect the property upon return. If the property is found to be in the same condition as it was at the time of rental, the deposit will be refunded in full.

22. Guest/Renter Smoking and Cleanliness Agreement
The guest/renter agrees that smoking of any kind is strictly prohibited within the rental unit (“property”). The renter further agrees to maintain the property in good condition, ensuring that all trash is removed and the unit is swept clean prior to departure.

The renter also acknowledges and agrees that neither they nor their guests will smoke marijuana inside the property at any time. Additionally, the presence of marijuana odor on their person or within the property is strictly prohibited. Violation of these terms will result in forfeiture of the security deposit.