GUEST VACATION RENTAL USAGE & LIABILITY AGREEMENT

Aloha and Mahalo for choosing Surf Shack Properties for your vacation stay on our beautiful island of Maui! Our goal is to make your vacation as enjoyable and worry free as possible

THIS VACATION RENTAL AGREEMENT IS A LEGALLY BINDING CONTRACT. PLEASE READ ALL PROVISIONS AND ATTACHMENTS CAREFULLY.

This Guest Vacation Rental Usage and Liability Agreement (the "Agreement") is made by and between Zealous Properties LLC dba Surf Shack Properties (the “Property Manager") and the Guest listed on the reservation ("Guest") as of the date executed. For good and valuable consideration, the sufficiency of which is acknowledged, the parties hereby agree as follows:

Rental Unit. The rental unit is located at the specified rental address (the "Rental Unit").

Ownership. The Rental Unit is privately owned by an independent third-party (the "Owner") for which Property Manager is acting as an agent.

Rental Party. The rental party shall consist of Guest and people Guest allows in the Rental Unit (the "Rental Party"). Members of the Rental Party are the sole responsibility of the Guest.

Maximum Occupancy. The maximum number of guests in the Rental Unit is limited to the number of people (including Guest) listed on the reservation (“Maximum Occupancy”). The Guest agrees that unauthorized guests invited to the premises beyond the Maximum Occupancy shall be charged $50 a day per unauthorized guest. This includes both visitors and overnight guests. If you invite additional visitors, please let us know the reason and duration of the visit.

Term of the Agreement. The rental period begins at the specified check-in time on the check-in date (the "Check-in Date") and ends at the checkout time on the checkout date (the "Checkout Date") (collectively, the "Rental Period").

Rental Rules. At all times throughout the Rental Period, the Guest shall and shall cause the Rental Party and any visitors to abide by the rental rules attached as Exhibit A ("the Rental Rules").

Access. Guests shall allow Property Manager access to the Rental Unit for purposes of regular pest control, repair and inspection. Property Manage shall exercise this right of access in a reasonable manner. Guest shall reimburse Property Manager the cost incurred by Property Manager if Guest restricts access pursuant to this section.

Rental Rate and Fees. The rental rate and associated fees are listed on the reservation booking.

House Rules and Damages. Upon arrival, Guest should inspect the property and report any noticeable issues as soon as possible. All damage, outside what is deemed normal wear and tear, must be reported prior to your departure. Guest agrees to be responsible for soiling or stains and any damages beyond reasonable wear and tear, and shall compensate the owner for the repair, replacement, and/or cleaning needed to remediate any any soiling, stains or damage. Guest further agrees to abide by all House Rules and Laws.

Security Deposit. A $500 security deposit is required. Where applicable, such deposit is for security purposes and shall be refunded within 3 days of the Checkout Date provided no deductions are made pursuant to this agreement.

Additional Charges on Your Card. You agree that we can charge your card on file (i.e. the same card you used for the security deposit) an additional amount if the amount due is more than the security deposit. The amount we charge your card will be the total amount due, including applicable taxes, less any security deposit that we have collected and captured.

Amount Due. The amount that will be due and collected from your security deposit and, if needed, your card on file, shall be the following: (a) the cost to repair or replace damage to the Rental Unit or contents thereof; (b) excessive cleaning charge for debris or other mess requiring excessive cleaning; (c) any other cost incurred by the Property Manager as a result of the Guest’s actions (including, but not limited to, fines or anticipated fines by the home’s home owner association or similar entity, and loss rental due to the time it takes to complete repairs, remediation, or replacement of items), and (d) any amounts due pursuant to this Agreement.

Cancellation Policy. Please refer to the cancellation policy you agreed to when booking.

Use And Maintenance of the Rental Unit. The Guest agrees to use the Rental Unit only for the purpose for which it is rented herein and in accordance with this Agreement. The Guest further covenants and agrees to maintain the Rental Unit in a clean, orderly, safe, and sanitary condition, free of trash, junk, pet excrement, refuse, nuisances, or conditions that threaten or tend to threaten the health or safety of anyone, and in a manner or condition which is aesthetically pleasing. The Guest shall not permit any use of the Rental Unit which is inconsistent with or contrary to this Agreement, or which is contrary to applicable laws, rules, and/or regulations ("Applicable Laws"). No business may be conducted from the Rental Unit.

Insurance. The Guest expressly recognizes that any insurance for property damage or loss that may be maintained on the Rental Unit does not cover the personal property of the Guest and that the Guest is responsible for purchasing their own insurance if such coverage is desired.

Indemnification and Assumption of Risk. The Guest expressly assumes the risk of harm to themselves, their property, the Rental Party, and any visitors arising from their use of the Rental Unit and the Common Areas. Guest shall indemnify and hold harmless the Property Manager, the Owner, and any of the Property Manager’s affiliates, employees, agents, representatives, subcontractors, successors, or assigns from and against any liabilities or any loss or damage whatsoever arising from, related to, or in connection with the Guest’s use of the Rental Unit and/or Common Spaces, including, but not limited to, any claim for liability for personal injury or damage or loss of property which is made, incurred or sustained by the Guest, Rental Party, or any Visitors to the Rental Unit during the Rental Period.

Beaches. Beach conditions in Hawaii change naturally throughout the year. Weather, ocean swells, currents, and tides can all affect the size and shape of the shoreline from month to month.

Critters. Maui’s tropical environment means you may hear the occasional rooster or see friendly geckos. Geckos are harmless, helpful insect-eaters, and in Hawaii are considered a sign of good luck and bad luck to hurt them so please don’t hurt them. This home receives regular professional pest control services, however, in tropical environments pests can be unavoidable. You may see pests such as ants, roaches, or rodents from time to time. If you encounter pests, please notify us promptly and we will do our best to reduce them whenever possible which may also include coordination with the resort AOAO. Encounters with these tropical critters, whether inside or outside the home, do not constitute a breach of this Agreement and do not qualify for refunds or rental adjustments.

Neighbors. The surrounding areas may not always be quiet or free from activity such as construction, traffic, or other guests. Any noise or inconvenience does not constitute a breach of this Agreement and does not qualify for refunds or rental adjustments. However, if you experience any disturbance, please notify us promptly and we will do our best to help mitigate or reduce the impact whenever possible. We appreciate your understanding.

Utilities. Island infrastructure can occasionally experience disruptions to services such as water, electricity, air conditioning, plumbing, cable, and internet. We will always do our best to assist, support, and help reduce the impact of any interruption you may experience during your stay. Please understand that interruptions caused by factors outside our control do not qualify for refunds or rental adjustments, and we are not responsible for any loss or damage to personal items resulting from weather or natural events. Mahalo for your understanding as we all work with the rhythms of island life.

Amenities. We do our very best to keep all in-home amenities and appliances in good working order. However, Hawaii’s salty air and humidity can cause wear and tear more quickly than in other places. If something stops working during your stay, please let us know so we can address it as quickly as possible. Resort features such as the pool, BBQs, or other shared amenities are outside of our direct control and may occasionally be closed or undergo maintenance without notice. Temporary outages or malfunctions, whether in-home or resort-managed, do not constitute a breach of this Agreement and do not qualify for refunds or rental adjustments. Mahalo for your understanding as we care for these features within our unique island environment.

Governing Law. This Agreement shall be governed by and interpreted in accordance with local laws of the United States of America, State of Hawaii, and County of Maui.

Termination. The Property Manager has the right to inspect the premises and complete necessary repairs with prior notice as stated with the applicable State laws. Should the Guest violate any of the terms of this Agreement, the Property Manager has the right to terminate the Rental Period immediately in accordance with applicable law. The Guest waive rights to process if they fail to vacate the premises upon termination of the Rental Period. Guest shall vacate the premises at the expiration time and date of the Rental Period.

Quiet Enjoyment: The Guest shall ensure that the Rental Party behave in a civilized manner and shall be good neighbors respecting the rights of the surrounding neighbors. The Guest shall ensure that the Rental Party does not create noise or disturbances likely to disturb or annoy the surrounding neighbors.

Attorney’s Fees. In the event of any legal action, arbitration, or other proceeding arising out of or relating to this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party all attorneys’ fees, costs, and expenses incurred, including those incurred on appeal or in enforcement of any judgment or award. This provision shall apply regardless of the type of claim or cause of action asserted.

Severability. If any provision of this Agreement is held to be invalid, illegal, or unenforceable for any reason, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that most closely reflects the parties’ original intent.

Waiver of Jury Trial. To the extent permitted by applicable law, each party hereby knowingly, willingly, and voluntarily waives its right to trial by jury in any action or proceeding arising out of, connected with, related to, or incidental to this Agreement.

Cable TV and Internet. If Cable TV and internet access are provided, no refund of any amount paid shall be given for outages, content, lack of content, or personal preferences with regard to cable TV service or internet service.

EXHIBIT A - RENTAL RULES Throughout the Rental Period, the Guest shall, and shall ensure that the Rental Party and any visitors (collectively “Occupants”) to the Rental Unit shall abide by the following rules:

1. No occupant shall make or allow any disturbing noise in the buildings or on the premises, nor do or permit anything to be done that will interfere with the rights, comfort and convenience of others. All occupants are to refrain from the blowing of conch shells at any time other than at sunset each evening for a five-minute duration only.

2. Parties, and excessive noise, including on balconies and in shared spaces, are prohibited. If noise and smoking detecting technology is used inside the Rental Unit to monitor excessive noise levels and violations of our non-smoking policy, tampering with any of these devices is a direct violation of this agreement.

3. The volume of radio, television, stereos and musical instruments will be used so as to avoid disturbing neighbors.

4. Noises of any kind shall be kept to a minimum between the quiet hours posted at the property.

5. Items of a personal nature including, but not limited to, shoes, furniture, plants, and toys shall not be placed, kept or stored except within the Rental Unit. Nothing shall be placed at any time in the elevators or on the stairways, walkways or other access areas.

6. Clothes, towels or any other form of garment or textile other than drapes shall not be hung from railings, walls, doorways, balconies, lanais or windows in such a fashion to be in view of persons outside of the building.

7. All household trash shall be deposited in the trash chutes or trash dumpsters and not allowed to pile up in the Renal Unit.

8. Unless otherwise stated in the listing, no pets. Service Animals may stay at no extra charge, but please inform us before arrival.

9. Follow all posted rules for common areas of the property.

10. Unless otherwise stated at the property, smoking is prohibited at all common elements, limited common elements, in units, and patios and lanais. “Smoking” means inhaling, exhaling, burning, or carrying any lighted or heated tobacco product or plant product, including but not limited to cannabis and medical cannabis, intended for inhalation in any manner or in any form, including the use of an electronic smoking device. “Electronic smoking device” means any electronic product that can be used to aerosolize and deliver nicotine or other substances to the person inhaling from the device, including but not limited to an electronic cigarette, electronic cigar, electronic cigarillo, vape, electronic pipe, hookah pipe, or hookah pen, and any cartridge or other component of the device or related product, whether or not sold separately. Guest shall pay a cleaning and deodorizing fee if there is any smoking by Guest or any member of the rental Renal Party shall. The fee starts at $250 and may go up depending on how much cleaning and deodorizing needs to be done.

11. Drone operation on the property is prohibited.

12. The following is prohibited inside the Rental Unit:

Dangerous or hazardous items (e.g., those that may increase the risk of fire or explosion such as candles or lighters);

Firearms and other weapons (except those rightfully possessed by on-duty or off-duty law enforcement officials or licensed security guards).

Commercial photography/videography without written consent.

Illegal activity, pornography production, or prostitution.

Overnight guests that exceed the number stated in the reservation.

Making any change, modification, alteration, or addition whatsoever to the unit or its contents (including moving furniture around).

Soliciting or loitering around the space or building.

Creating unsanitary conditions (e.g., generating excessive trash or offensive odors or attracting pests).

12. Only members of the Rental Party are permitted to stay overnight in the Rental Unit. Anyone else the Guest allows in the Rental Unit (a "Visitor") is the sole responsibility of the Guest and is strictly forbidden unless approved by the Property Manager.

13. This is what we currently have: Guests who stay beyond the Checkout Time or delay our housekeeping staff must pay a holdover fee of $100 per hour, or any part thereof.

14. Public and common areas of the building, such as hallways, parking, and the lobby, may operate video surveillance devices.

15. Guests are responsible for covering the cost of replacing lost keys, key cards, fobs, or parking passes. Guests who violate these rules are liable for any associated damages, fees, costs, or expenses, including, without limitation, fines levied by the homeowner’s association, as well as an administrative fee of $50 for the first violation of these rules, $100 for the second violation, and $150 for each successive violation. An additional fee of $250 shall be charged if the police are called to resolve a situation with the Guest. Additional fees may be assessed to cover any fines levied by the homeowner’s association and/or to repair any damage that is attributed to a violation of the rule including time and material of repair work. Violators of the House Rules may be subject to immediate cancellation and eviction without refund.

THE PARTIES AGREE TO THE TERMS OF THIS RENTAL USAGE & LIABILITY AGREEMENT, AS EVIDENCED BY THE SIGNATURES SET FORTH BELOW DATED the day of signing.

In signing this Agreement, I acknowledge and represent that:

1. I have read the foregoing Agreement, understand it, and sign it voluntarily as my own free act and deed;

2. No oral representations, statements, or inducements, apart from the foregoing written agreement, have been made.

3. I am at least eighteen (18) years of age and fully competent; if I am under eighteen (18) years of age, my parent or guardian may sign this document adding my name to the document.

4. I execute this Agreement for full, adequate, and complete consideration, intending to be bound by the same.