Surfside Vacation Rental

This Rental Agreement and Contract (the “Agreement”) is a legally binding agreement made and entered into as of the Reservation Date as indicated on the electronic VRBO reservation confirmation or emailed reservation confirmation by and between the undersigned person(s) or company (the “Guest”) and the undersigned owner, manager or agent (“Rental Agent”), pursuant to which the Guest has agreed to rent the residence described below (the “Property”), for the duration of the Rental Term for the Total Rental Fee and other good and valuable consideration as described herein.
OCCUPANCY
Guest agrees that no more than 2 persons per bedroom shall be permitted on the Property at any time during the Rental Term, all of whom shall comply with the conditions and restrictions imposed upon Guest under this Agreement.
CONDITION AND USE OF PROPERTY
The Property is provided in “as is” condition. Rental Agent shall use its best efforts to ensure the operation of all amenities in the Property, such as internet access, satellite or cable TV access or hot tubs, fireplaces as applicable. Rental Agent shall not be held responsible for such items failure to work, but will make every effort to correct any issues as reported as quickly as possible. Guest acknowledges that use of amenities such as hot tubs, pools, spas, fireplaces, decks, beaches and the like may be potentially dangerous and involve potential risks if improperly used, particularly with regard to children and such use is at the Guest’s own risk.

Guest expressly acknowledges and agrees that operating a golf cart &/or bicycle involves the risk of serious bodily injury or death, and/or property damage and hereby assumes such risk knowingly and voluntarily

Guest shall use the Property for residential purposes only and in a careful manner to prevent any damage or loss to the Property and keep the Property in clean and sanitary condition at all times. Guest and any additional permitted guests shall refrain from loud noise and shall not disturb, annoy, endanger, or inconvenience neighbors, nor shall Guest use the Property for any immoral, offensive or unlawful purposes, nor violate any law, association rules or ordinance, nor bring or store or use Fire Arms or Weapons of any kind on or about the Property, nor commit waste or nuisance on or about the Property.
DEFAULT
If Guest should fail to comply with the conditions and obligations of this Agreement, Guest shall surrender the Property, remove all Guest’s property and belongings and leave the Property in good order and free of damage. No refund of any portion of the Total Rental Fee shall be made and if any legal action is necessary, the prevailing party shall be entitled to reimbursement from the other party for all costs incurred.
ASSIGNMENT OR SUBLEASE
Guest shall not assign or sublease the Property or permit the use of any portion of the Property by other persons who are not family members or guests of the Guest and included within the number of and as permitted occupants under this Agreement.
RISK OF LOSS AND INDEMNIFICATION
Guest agrees that all personal property, furnishings, personal affects and other items brought into the Property by Guest or their permitted guests and visitors shall be at the sole risk of Guest with regard to any theft, damage, destruction or other loss and Rental Agent shall not be responsible or liable for any reason whatsoever.
Guest hereby covenants and agrees to indemnify and hold harmless Rental Agent and their agents, owners, successors, employees and contractors from and against any costs, damages, liabilities, claims, legal fees and other actions for any damages, costs, attorneys fees incurred by Guest, permitted guests, visitors or agents, representatives or successors of Guest due to any claims relating to destruction of property or injury to persons or loss of life sustained by Guest or family and visitors of Guest in or about the Property and Guest expressly agrees to save and hold Rental Agent harmless in all such cases.
RELEASE
Guest hereby waives and releases any claims against Rental Agent, the Property owner and their successors, assigns, employees or representatives, officially or otherwise, for any injuries or death that may be sustained by Guest on or near or adjacent to the Property, including any common facilities, pools, beaches, boating, bicycles, activities or amenities. Guest agrees to use any such facilities or amenities entirely at the Guest’s own initiative, risk and responsibility.
ENTRY AND INSPECTION
Rental Agent reserves the right to enter the Property at reasonable times and with reasonable advance notice for the purposes of inspecting the Property or showing the Property to prospective purchasers, renters or other authorized persons. If Rental Agent has a reasonable belief that there is imminent danger to any person or property, Rental Agent may enter the Property without advance notice.
UNAVAILABILITY OF PROPERTY
In the event the Property is not available for use during the Rental Term due to reasons, events or circumstances beyond the control of Rental Agent, Rental Agent will apply due diligence and good faith efforts to locate a replacement property that equals or exceeds the Property with respect to occupancy capacity, location and value that meets the reasonable satisfaction of the Guest. If such replacement property cannot be found and made available, Rental Agent shall immediately return all payments made by the Guest, whereupon this Agreement shall be terminated and Guest and Rental Agent shall have no further obligations or liabilities in any manner pertaining to this Agreement.
ADDITIONAL TERMS TO THE RENTAL AGREEMENT
In addition to the standard terms included herein, Guest acknowledges and agrees that the following additional terms and conditions apply to the Guest’s rental of the Property:
Amenities and Equipment Liability Waiver & Damage Addendum
The following terms apply to the use of any complimentary pools, BBQ Grills or other amenities (“Amenities”) and golf carts, bicycles, kayaks, paddle boards or other equipment (“Equipment”) provided at one of Serendipity, Bay Breeze, BP Futures, LLC, Atlantic Coastal Properties, LLC and/or Rysal Enterprises, LLC Rental Properties (Landlord):
1. The person responsible for renting through Landlord(who executes this Rental Agreement via their electronic signature) (hereinafter "Operator") assumes complete liability for the care of and use of the Amenities and Equipment during their stay, and assumes full liability and responsibility for ensuring adherence to the rules and regulations and safety information provided herein or at the City of Anna Maria or any other regulating authority where the Amenities and Equipment are being operated.
2. Operator authorizes Landlord to charge the damage deposit credit card or checking account on file for any damages, costs or liability resulting from or arising out of the use of the Amenities and Equipment consistent with the terms of this waiver and agreement. The Peace of Mind / Accidental Damage Waiver does NOT cover damage to the Amenities and Equipment or damage caused by the use or misuse of the Amenities and Equipment, whether accidental or otherwise.
3. Operator expressly acknowledges and agrees that operating the Amenities and Equipment involves the risk of serious bodily injury or death, and/or property damage and hereby assumes such risk knowingly and voluntarily. There are no lifeguards on the public beaches accessible by the properties so any use of these areas are at your own risk.
4. Operator expressly acknowledges that he/she and any additional operators permitted to use the Amenities and Equipment are licensed drivers, over the age of 20, covered under the insurance provided and that they are familiar with the safe operation of the Amenities and Equipment and are certain of their own ability to operate a the Amenities and Equipment safely. Because many of the local communities have a no tolerance policy for the operation of golf carts by persons under 21, which may result in the homeowner's loss of use of the golf cart, Landlord has adopted a similar no tolerance policy. If a person under 21 is found to have operated the Golf Cart provided, Operator will be fined $750.00 on the credit card or account provided.
5. In consideration of being permitted to operate and ride on the Amenities and Equipment being provided, Operator does for themselves, their guests, their heirs, executors, administrators and assigns, hereby release and forever discharge Landlord, it’s owners, agents, employees and assigns, as well as the Owners of the rental property and their 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 Amenities and Equipment by negligence or otherwise that result in injury or damage.
6. No one is permitted to operate or drive the golf cart unless they are at least 21 years old and possess a valid driver's license, covered under the insurance provided and are operating the golf cart with the express permission of Operator, who hereby indemnifies and hold harmless Landlord, its owners, agents, employees and assigns, as well as the Owners of the rental property and their assigns, from and against any claims or suits made or filed by said authorized driver.
7. Golf carts are only allowed to be driven on the street within the City limits of Anna Maria. The golf carts shall never exit the City at any time for any reason.
8. Rules of the road apply when golf carts are being driven through the City of Anna Maria. Operator will obey all local, state and federal regulations regarding the operation of this equipment on public traffic ways, parking lots, and in public areas.
9. Golf carts may be driven at night only if they are equipped with proper headlights and taillights.
10. Operator agrees to properly secure the Amenities and Equipment at all times to avoid theft, damage or unauthorized use.
11. Operator agrees that all Amenities and Equipment will only be left at his/her rental property overnight and not at any other locations.
With your signature or electronic signature to this Rental Agreement its incorporated Addenda, you consent that you have read, understand, and agree to this Amenities and Equipment Liability Waiver and Damage Addendum. You are also stating that you, your family, your guests, or anyone that utilizes the Amenities and Equipment from your reserved rental property has read, understands, and agrees to this AMENITIES AND EQUIPMENT WAIVER and holds both Landlord and the owner of the rental property you are staying in completely harmless and free of any and all liability that may arise from use of the Amenities and Equipment as provided for my fully above.


GUEST/Operator


____________________________


This Rental Agreement and Contract (the “Agreement”) is a legally binding agreement made and entered into as of the Reservation Date as indicated on the electronic VRBO reservation confirmation or emailed reservation confirmation by and between the undersigned person(s) or company (the “Guest”) and the undersigned owner, manager or agent (“Rental Agent”), pursuant to which the Guest has agreed to rent the residence described below (the “Property”), for the duration of the Rental Term for the Total Rental Fee and other good and valuable consideration as described herein.
OCCUPANCY
Guest agrees that no more than 2 persons per bedroom shall be permitted on the Property at any time during the Rental Term, all of whom shall comply with the conditions and restrictions imposed upon Guest under this Agreement.
CONDITION AND USE OF PROPERTY
The Property is provided in “as is” condition. Rental Agent shall use its best efforts to ensure the operation of all amenities in the Property, such as internet access, satellite or cable TV access or hot tubs, fireplaces as applicable. Rental Agent shall not be held responsible for such items failure to work, but will make every effort to correct any issues as reported as quickly as possible. Guest acknowledges that use of amenities such as hot tubs, pools, spas, fireplaces, decks, beaches and the like may be potentially dangerous and involve potential risks if improperly used, particularly with regard to children and such use is at the Guest’s own risk.

Guest expressly acknowledges and agrees that operating a golf cart &/or bicycle involves the risk of serious bodily injury or death, and/or property damage and hereby assumes such risk knowingly and voluntarily

Guest shall use the Property for residential purposes only and in a careful manner to prevent any damage or loss to the Property and keep the Property in clean and sanitary condition at all times. Guest and any additional permitted guests shall refrain from loud noise and shall not disturb, annoy, endanger, or inconvenience neighbors, nor shall Guest use the Property for any immoral, offensive or unlawful purposes, nor violate any law, association rules or ordinance, nor bring or store or use Fire Arms or Weapons of any kind on or about the Property, nor commit waste or nuisance on or about the Property.
DEFAULT
If Guest should fail to comply with the conditions and obligations of this Agreement, Guest shall surrender the Property, remove all Guest’s property and belongings and leave the Property in good order and free of damage. No refund of any portion of the Total Rental Fee shall be made and if any legal action is necessary, the prevailing party shall be entitled to reimbursement from the other party for all costs incurred.
ASSIGNMENT OR SUBLEASE
Guest shall not assign or sublease the Property or permit the use of any portion of the Property by other persons who are not family members or guests of the Guest and included within the number of and as permitted occupants under this Agreement.
RISK OF LOSS AND INDEMNIFICATION
Guest agrees that all personal property, furnishings, personal affects and other items brought into the Property by Guest or their permitted guests and visitors shall be at the sole risk of Guest with regard to any theft, damage, destruction or other loss and Rental Agent shall not be responsible or liable for any reason whatsoever.
Guest hereby covenants and agrees to indemnify and hold harmless Rental Agent and their agents, owners, successors, employees and contractors from and against any costs, damages, liabilities, claims, legal fees and other actions for any damages, costs, attorneys fees incurred by Guest, permitted guests, visitors or agents, representatives or successors of Guest due to any claims relating to destruction of property or injury to persons or loss of life sustained by Guest or family and visitors of Guest in or about the Property and Guest expressly agrees to save and hold Rental Agent harmless in all such cases.
RELEASE
Guest hereby waives and releases any claims against Rental Agent, the Property owner and their successors, assigns, employees or representatives, officially or otherwise, for any injuries or death that may be sustained by Guest on or near or adjacent to the Property, including any common facilities, pools, beaches, boating, bicycles, activities or amenities. Guest agrees to use any such facilities or amenities entirely at the Guest’s own initiative, risk and responsibility.
ENTRY AND INSPECTION
Rental Agent reserves the right to enter the Property at reasonable times and with reasonable advance notice for the purposes of inspecting the Property or showing the Property to prospective purchasers, renters or other authorized persons. If Rental Agent has a reasonable belief that there is imminent danger to any person or property, Rental Agent may enter the Property without advance notice.
UNAVAILABILITY OF PROPERTY
In the event the Property is not available for use during the Rental Term due to reasons, events or circumstances beyond the control of Rental Agent, Rental Agent will apply due diligence and good faith efforts to locate a replacement property that equals or exceeds the Property with respect to occupancy capacity, location and value that meets the reasonable satisfaction of the Guest. If such replacement property cannot be found and made available, Rental Agent shall immediately return all payments made by the Guest, whereupon this Agreement shall be terminated and Guest and Rental Agent shall have no further obligations or liabilities in any manner pertaining to this Agreement.
ADDITIONAL TERMS TO THE RENTAL AGREEMENT
In addition to the standard terms included herein, Guest acknowledges and agrees that the following additional terms and conditions apply to the Guest’s rental of the Property:
Amenities and Equipment Liability Waiver & Damage Addendum
The following terms apply to the use of any complimentary pools, BBQ Grills or other amenities (“Amenities”) and golf carts, bicycles, kayaks, paddle boards or other equipment (“Equipment”) provided at one of Serendipity, Bay Breeze, BP Futures, LLC, Atlantic Coastal Properties, LLC and/or Rysal Enterprises, LLC Rental Properties (Landlord):
1. The person responsible for renting through Landlord(who executes this Rental Agreement via their electronic signature) (hereinafter "Operator") assumes complete liability for the care of and use of the Amenities and Equipment during their stay, and assumes full liability and responsibility for ensuring adherence to the rules and regulations and safety information provided herein or at the City of Anna Maria or any other regulating authority where the Amenities and Equipment are being operated.
2. Operator authorizes Landlord to charge the damage deposit credit card or checking account on file for any damages, costs or liability resulting from or arising out of the use of the Amenities and Equipment consistent with the terms of this waiver and agreement. The Peace of Mind / Accidental Damage Waiver does NOT cover damage to the Amenities and Equipment or damage caused by the use or misuse of the Amenities and Equipment, whether accidental or otherwise.
3. Operator expressly acknowledges and agrees that operating the Amenities and Equipment involves the risk of serious bodily injury or death, and/or property damage and hereby assumes such risk knowingly and voluntarily. There are no lifeguards on the public beaches accessible by the properties so any use of these areas are at your own risk.
4. Operator expressly acknowledges that he/she and any additional operators permitted to use the Amenities and Equipment are licensed drivers, over the age of 20, covered under the insurance provided and that they are familiar with the safe operation of the Amenities and Equipment and are certain of their own ability to operate a the Amenities and Equipment safely. Because many of the local communities have a no tolerance policy for the operation of golf carts by persons under 21, which may result in the homeowner's loss of use of the golf cart, Landlord has adopted a similar no tolerance policy. If a person under 21 is found to have operated the Golf Cart provided, Operator will be fined $750.00 on the credit card or account provided.
5. In consideration of being permitted to operate and ride on the Amenities and Equipment being provided, Operator does for themselves, their guests, their heirs, executors, administrators and assigns, hereby release and forever discharge Landlord, it’s owners, agents, employees and assigns, as well as the Owners of the rental property and their 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 Amenities and Equipment by negligence or otherwise that result in injury or damage.
6. No one is permitted to operate or drive the golf cart unless they are at least 21 years old and possess a valid driver's license, covered under the insurance provided and are operating the golf cart with the express permission of Operator, who hereby indemnifies and hold harmless Landlord, its owners, agents, employees and assigns, as well as the Owners of the rental property and their assigns, from and against any claims or suits made or filed by said authorized driver.
7. Golf carts are only allowed to be driven on the street within the City limits of Anna Maria. The golf carts shall never exit the City at any time for any reason.
8. Rules of the road apply when golf carts are being driven through the City of Anna Maria. Operator will obey all local, state and federal regulations regarding the operation of this equipment on public traffic ways, parking lots, and in public areas.
9. Golf carts may be driven at night only if they are equipped with proper headlights and taillights.
10. Operator agrees to properly secure the Amenities and Equipment at all times to avoid theft, damage or unauthorized use.
11. Operator agrees that all Amenities and Equipment will only be left at his/her rental property overnight and not at any other locations.
With your signature or electronic signature to this Rental Agreement its incorporated Addenda, you consent that you have read, understand, and agree to this Amenities and Equipment Liability Waiver and Damage Addendum. You are also stating that you, your family, your guests, or anyone that utilizes the Amenities and Equipment from your reserved rental property has read, understands, and agrees to this AMENITIES AND EQUIPMENT WAIVER and holds both Landlord and the owner of the rental property you are staying in completely harmless and free of any and all liability that may arise from use of the Amenities and Equipment as provided for my fully above.


GUEST/Operator


____________________________


Date:

Rates and Availability are subject to change until reservation is completed. A deposit must be received in order to reserve the dates you desire.
>91 days before your arrival all funds refundable less $300
<90 days no refund
Photographs display furnishings as accurately as possible but may change over time to keep items fresh.
For stays longer than 20 nights, please email or call for rates.