OCCUPANCY. Maximum occupancy is 2 guests per king and queen bed, 1 additional guests if there is a sleeper sofa, and not to exceed 1 person per 150 sq. ft. Specifically maximum occupancy cannot exceed the number of occupants specified on our website for each property, generally found in the heading for that property. You will find your property listed in numeric and alphabetical order. If occupancy limit is exceeded there will be a charge of $150.00 per day, per person in excess of the property limit. Excess occupants will have to find other accommodations. We will be happy to try to find you other accommodations for the excess guests. Guest must be at least 25 years old, unless an active member of the military; an occupant of the Property; and, ensure compliance with the occupancy terms by all members of the Guest’s party, including young adults ages 18-24. Occupants in excess of limits must vacate the property immediately upon request.

KEYS AND LOCKS. Mgt. Co. shall furnish keys/key cards/keyless codes to Guest, which must be returned upon Guest’s departure in accordance with Mgt. Co.’s checkout procedures and shall not be left at the Property or elsewhere. If you arrive after hours, your keys will be in the envelope in our lockbox located next to the entrance of our office. Upon your departure, all windows must be closed, all doors must be secured and locked, and any keys and passes must be returned.

AIR CONDITIONING. Under no circumstances shall Guest set the Air Conditioning below 74° or the Heat above 78°, change the fan from Auto, leave any doors or windows open, or leave the blinds open.

FURNISHINGS. All of our rental units are individually owned and are furnished and equipped for vacation living. Although TriPower Vacation Rentals administers minimum standards required for a premise to participate in our rental program, quality of furnishings and color schemes of the premises may vary according to the individual owners’ taste. Neither TriPower Vacation Rentals nor the owner shall be responsible for providing additional furnishings or equipment not presently available in the premises.

POOL HEAT. Pools may not heat to Guest’s preferred temperature during colder weather and may take up to 48 hours to reach maximum temperature. When available, pool blankets should be in place when pool is not in use and neatly stored when in use. There are no refunds for dissatisfaction with pool heat. From mid-December to mid-March, there will be a $25.00 plus local and state tax per week, extra charge for pool heat during high season.

POOL SAFETY. Do not run or dive. Do not allow children in pool area without supervision, regardless of age. When available, use safety netting and pool alarms at all times and keep doors closed & locked. Report any safety concerns immediately to Mgt. Co.

PARKING. Guest will not park, stop, or stand any motor homes, boats and/or trailers in condominium parking lots.

BOAT DOCKS AND LIFTS. Boat dock and boat lift usage require prior written approval by the Mgt. Co. along with any applicable fees. Unapproved vessels must be removed immediately. Guests are not allowed to touch boats parked or docked on the Property without prior written approval from the Mgt. Co.

NO SMOKING. Smoking and vaping are prohibited on The Property, including under any covered outdoor areas and in the garage. There are substantial fines and charges that will apply if there are any signs of smoking on the property.

PET POLICY. Pets are not allowed, except in “pet friendly” properties; subject to species, size, & breed limitations; and, a two-pet limit. A non-refundable $150/pet applies. “Service Animals” as defined by §413.08, Fla. Stat. (2017) are exempt. The Mgt. Co. reserves the right to remove any service animal or pet for inappropriate behavior. By no means are pets allowed in non-pet friendly properties without specific written consent. Any non-authorized pet must be removed, and a fine of $250.00 will be charged.

HEALTH CONCERNS. There are no known lead-based paint hazards on The Property. Florida wildlife may pose a danger so approach all wildlife & outdoor areas with caution. The Property has been inspected to ensure no bed bugs are present, so the presence of any bed bugs is presumed to have been caused by Guest unless Guest provides clear and convincing proof otherwise. Guest must vacate the property immediately without refund and pay for treatment to remove the bed bugs.

ACCESS TO THE PROPERTY. Mgt. Co. may enter the Property as necessary to protect or inspect The Property; for repairs or services; for viewing by prospective buyers, or; for emergencies. Notice must be provided to extent reasonable under the circumstances.

SUBSTITUTIONS. We reserve the right to substitute comparable accommodations, should the confirmed premises become unavailable. However, TriPower Vacation Rentals cannot guarantee the same rental rate. Renter reserves the right to accept or refuse the substitute accommodations and rental rate.

SAFE USE OF THE PROPERTY. Guest shall comply with all laws and rules affecting it. Fireworks, gas grills, open flames, intoxication by occupants, and inherently dangerous activities are prohibited. Use fire extinguishers appropriately. Report chirping alarms, as they indicate low batteries in safety devices. Do not take furniture outside. Do not tamper with alarms or smoke detectors. Use the overhead stove fan when cooking to avoid accidental activation of smoke detector. Please, do not disturb the quiet enjoyment of neighbors. Quiet hours are 10 pm until 7 am with no exceptions and in accordance with Ordinance No. 18-01. Open/Close times and maintenance for swimming pool and tennis courts are at the discretion of the condominium association and home owners.

RISK OF LOSS/INSURANCE. Each Party shall be responsible for loss, damage, or injury caused by his/her/its own negligence or willful conduct, or concerning Guest, also caused by members of Guest’s party and Guest’s licenses & invitees. Each party must carry appropriate insurance. Mgt. Co. is not responsible for lost or stolen property. Guest agrees that personal property left on Property at the end of Rental Period shall be deemed abandoned if good faith attempts to return it fail.

CLEANLINESS, MAINTENENCE, AND REPAIRS. Property will be inspected prior to Rental Period, to ensure that the Property is clean, and in good repair. Guest must provide notice of any problems within 24 hours of discovery or the time a reasonable person would have discovered the problem, or Guest waives any related claims. Responses shall be made as Mgt. Co. reasonably deems appropriate. Absent negligence by Mgt. Co., faulty equipment, appliances, internet & phone services; bugs; noise, a warm refrigerator, a cold pool, or; inclement weather, and other similar complaints do not constitute breach of contract. Service charges resulting from a false report by Guest, as reasonably determined by a service provider, shall be charged to Guest. There is no daily maid service. Guest must take trash to curb on assigned nights. Upon departure, Guest must wash the dishes and empty dishwasher, empty the refrigerator, place used bed linens in a pile by the washing machine, and place garbage in the outside trash can. We appreciate your efforts in maintaining the cleanliness of the premises.

DEFAULTS, REMEDIES, AND WAIVERS. Guest agrees that all persons on Property have transient status pursuant to § 82.045 Fla. Stat. (2017). The sole remedy for failure to provide reserved accommodations is a prorated refund. There are no free upgrades due to unavailable accommodations. Mgt. Co. warrants property quality only to the extent it satisfies legal and contractual requirements.

LEGAL TERMS. Entirety. This is the entire agreement, superseding all related previous negotiations, agreements, and UCC implied terms. Headings. Headings are solely for convenience, are not constitute part of the agreement, and do not affect its interpretation. Interpretation. This agreement shall not be construed in favor of the non-drafting party. Modification. Only Judy Haataja has authority to modify this Agreement, which must be in writing. Assignment. Any attempted assignment, delegation, or sublease of this Agreement is invalid. Severability. If any provision of this Agreement is invalid or unenforceable under governing law, it shall, to the extent possible, be construed or applied in such a manner as will permit enforcement; otherwise this Agreement shall be construed as if that provision had never existed. Warranties. No warranties exist unless expressly stated herein. Discretion. Mgt. Co. has sole discretion concerning determination of breach or remedy, subject to good faith and adherence to usual and customary practices in the vacation home market. Reliance. Guest acknowledges that he/she/it has not relied upon any current or prior representations or understandings and waives any related rights or claims. Performance. Mgt. Co. is excused from performance when made impracticable by the occurrence of a contingency, the non-occurrence of which was a basic assumption on which the contract was made. Waiver. No breach of this Agreement will be waived without the express written consent of the Party not in breach. Remedies. The exclusive remedy for breach of this contract is limited to actual financial losses, and, as governed in this agreement, reasonable attorneys’ fees & costs, which is agreed to be an adequate remedy. Regardless of the failure of the exclusive remedy, Mgt. Co. will not be liable for consequential damages. Liquidated Damages. The parties agree liquidated damages in this agreement constitute non-punitive and difficult to forecast damages. Arbitration. Any controversy or claim arising out of or relating to this contract shall be settled by arbitration, to the exclusion of a credit card dispute process and civil litigation and shall be administered by the American Arbitration Association with one Arbitrator in Lee County, FL. Judgment on the award rendered by the arbitrator may be entered in any court with jurisdiction. Parties agree this clause provides a reasonable alternative to civil litigation and credit card disputes because it is mutually agreed to and administered by a neutral party. Chargebacks. Guest waives any right to dispute a credit or debit charge, request or demand a chargeback, or dispute that a detailed item description was provided, contact information was clearly and prominently displayed, and grievance policy instructions were provided. Litigation Terms. For litigation between the parties not subject to the arbitration clause, the 20th Judicial Circuit of Florida shall be the exclusive forum for any claims related to this agreement unless there exists exclusive Federal jurisdiction, in which case it shall be the U.S. Dist. Ct. for the Middle Dist. of FL., claims shall be governed by the laws of FL to the exclusion of all other laws, conflict of law principles, and legal theories, the parties waive their rights to a jury trial, and the prevailing party shall be entitled to reasonable attorneys’ fees and costs from the non-prevailing party for defending chargeback demands, public, social media, BBB, administrative, or other complaints, and litigation arising out of this agreement or otherwise. Hold Harmless & Defend. Guest agrees to hold harmless and defend Mgt. Co. and its agents against any third-party complaints. Indemnity. Guest agrees to indemnify Mgt. Co. for the reasonable cost to defend and any payments made to settle any third-party claims including those made by members of the Guest’s party and invitees & licensees of Guest on the Property. Third Party Beneficiaries. No party has third-party beneficiary rights under this agreement as any benefits received are merely incidental.

ADDITIONAL CHARGES AND FORFEITURES. Guest will be charged what is agreed to be a nonpunitive amount as listed below for the following occurrences: $250 for each unauthorized animal. $150 for each invitee or licensee who is unauthorized or in excess of the occupancy limit, odor removal due to smoke, pets, or otherwise, violating terms concerning pool equipment, air conditioner, smoke detectors, outdoor furniture, excessive cleaning including for dirty dishes and leaving items to be disposed, trash or otherwise, and non-emergency use of fire extinguishers, and; the invoiced amount plus $25 to remedy fines issued, replacement of missing items, damages not covered by Damage Waiver, stains, bed bug treatment, long distance phone calls, and pay-per-view purchases. There will be a $50 charge for key delivery in the event of a guest locking themselves out. There will be a $75 fee per key or pass that is not returned. Unless prior approval is attained from Mgt. Co., there will be a charge equal to a one-night stay for late departures.

Limited Damage Waiver Terms and Conditions <or deposit>: Participation fee is $45. The Waiver is part of the rental agreement. As an enrollee, Guest will not be obligated to pay for damage to covered real or personal property of the Owner of the rental premises. Mgt. Co. waives the right to charge for theft or damage to Property due to inadvertent acts or omissions during the reservation period. The maximum benefit is $600. Damage or theft resulting from the following are not covered: Acts of God • Intentional Acts • Gross negligence or willful and wanton conduct • Any cause, absent notice immediately upon discovery • Normal wear and tear • Theft without a valid police report • Damage caused by any animal, motor vehicle, watercraft, BBQ grills, candles, cigarettes, vape pens, smoking devices, or any other cause in breach of this agreement • Missing items • Damage by pets in a pet friendly property that exceeds the pet deposit • Extra and excessive use of utilities • Long distance calls, and/or ordered movies • Extra days rent, lockout fees, and keys or passes not returned • Fines due to unlawful behavior, or violation of a local ordinance • Or when Excessive cleaning is required. All claims of theft or damage will be administered by the staff, which has sole reasonable authority to determine the nature & extent of damages, necessary repairs, and eligibility for the waiver of liability described herein.

The guest agrees that expenses and damages not covered by the Damage Waiver Fee will be charged to the credit card on file.

VIOLATION OF RULES. Renter understands that if he or any member of his/her party violates any of the conditions or agreements in this contract, agent may terminate this contract and enter premises by force or by statutory proceedings.