Vacation Rental Agreement

Thank you for choosing Emerald Beach Properties, Inc. for your vacation rental in Panama City Beach, Florida. Please do not hesitate to contact us with any questions or concerns by e-mail at or rez@emeraldbeachproperties.com by phone/text at (850)234-0997. We are here to make your stay as memorable and enjoyable as possible; we look forward to seeing you soon!

Your signed Vacation Rental Agreement and a 25% down payment + 100% of any travel insurance premium purchased is required within 24 hours to hold your reservation.

Parties:

This Agreement is between Emerald Beach Properties, Inc, its agents, affiliates, & the owner(s) of the rented Property (“EBP, Inc.”) and the person who is the Guest designated as the Responsible Guest listed in Guest Details above and all other persons listed in this agreement as guests (Guest). The Guest making the reservation is the” Responsible Guest” and is the primary person responsible for all communications with the EBP, Inc. and for payment of all charges pursuant to this Agreement.

Transient Vacation Rental:

Your vacation rental from EBP, Inc. is a transient rental under Florida law. This means that your tenancy is temporary for the stated rental period only. Guest agrees that all persons on Property have transient status pursuant to FL Statute 82.045 (2017).

General Terms:

The terms of this agreement are: The terms contained within this agreement, the terms and conditions contained in any online rental agreement or confirmation, any resort, condominium or property owners’ association (“Complex”) rules, and any options or optional agreements in writing. Should any conflicts arise, the terms of this agreement shall prevail.

The Property:

The Property rented under this Agreement is detailed above in the Room Information area. The number of parking passes allowed, and the number of occupants allowed are also detailed above. All property descriptions are correct at the time of booking, but due to continuous owner updates, changes may be made before your arrival. EBP, Inc. reserves the right to change rental property assignments when emergency conditions arise. Every attempt will be made to notify you, as soon as possible, if a change in your Property assignment is necessary.

Maximum Occupancy Restrictions & Unit Usage:

Per the Bay County Florida Fire Code, each property has a maximum occupancy limit. You must abide by the occupancy limit for your rental as listed above (Guests). The only exception is a child in a crib. If you are found to be in violation of the Fire Code, it is grounds for immediate removal by the Fire Department with no refund of unused days remaining on your rental. At no time is the property to be sublet to another individual.

The Rental Period:

The Rental Period for this Agreement is stated in the Stay Information Area above. Check in is at 5:00PM Central Time on your check in day. Check out is at 10:00AM Central Time on check out day.

Check In & Check Out:

You will receive check in and check out instructions prior to your arrival date by e-mail that will include the lock code for your stay. To check in, please go directly to the Property and use your code for entry after 5:00PM. Your code will expire at 10:00AM on check out day. Your codes will only work for the times listed above. If you have difficulty with the lock, please call or text us at (850) 234-0997. On check out day, please follow check out procedures posted in the Property. Failure to leave the Property in good condition and by the time designated as the end of the rental period will result in additional charges for late checkout, cleaning such as trash not deposited in appropriate containers, evidence of smoking or vaping, animal issues, illness of Guests, etc.

Early Check In or Late Check Out:

Early Check In or Late Check Out is usually NOT available and will incur additional charges. All changes to Check In or Check Out times must be approved in writing in advance of arrival. If you do not vacate by check-out time, you authorize us to bill your credit card on file for a late departure fee of up to one night’s rental and to remove all Guests and their personal property from the Property.

Parking Passes & Wristbands: Parking and wristband policies are governed by the Complex. You agree to abide by the parking and wristband policies in effect at the time of your stay. Parking is limited to the number of parking passes listed above and wristbands will be provided to you according to Complex rules at check in. If you need to park additional vehicles during your stay, there are public lots where you can pay by the day that are near the Complexes.

Complex Rules: Complex rules are posted in your vacation rental property. You agree to abide by these rules. If violations occur, you may be fined by the Complex or you may be removed by the Complex.  If this occurs, you agree to waive any statutory rights to a refund for unused days.

Payments & Charges:

Payment: A payment of 25% of the rental, fees, and taxes plus 100% of any travel insurance premium purchased is due at the time of the reservation. Reservations made within 30 days of the rental period require payment in full. Guest(s) must submit copies of both sides of the credit card used for payment and a copy of a matching government issued photo ID. Guests agree that if more than one method of payment is used for the reservation that EBP, Inc. may charge any of the methods of payment submitted for additional charges that may occur.

Balance: The full reservation balance is due 30 days prior to the beginning of the Rental Period and will be charged to the payment method on file. Failure to pay balance when due will result in cancellation of your reservation.

Non-Payment: Non-payment or declined payments or returned checks will result in cancellation of the reservation and a cancellation fee in the amount provided in this Agreement will be charged against any refund that may be due.

Refunds: There are no refunds for unmet expectations resulting from weather, natural disasters, personal or any other reason unless contained herein. Rescheduling will be permitted due to a mandatory evacuation of the rental Property or legally defined impracticality, impossibility, or frustration of purpose, provided the reservation is rescheduled before the original scheduled arrival date, payment is made for any rate increase, and the new arrival date is within 1 year of the original reservation dates. EBP, Inc. reserves the right to cancel reservations and refuse service to anyone, to the extent permitted by law. Travel insurance is recommended to cover issues such as these. There are no refunds for housekeeping or maintenance issues, please contact EBP, Inc. to have these issues resolved during your stay.

Remedies: The sole remedy for failure to provide reserved Property due to circumstances beyond the control of EBP, Inc. is a prorated refund. If alternate accommodations are offered due to unavailability of the Property reserved, the difference in the cost of the reservation will be charged to the Guest.

Non-Punitive Charges: Guest agrees that all charges & fees listed in this Agreement are non- punitive in nature and these charges cover the costs of EBP, Inc. related to activity that is not allowed by this Agreement.

Other Charges: Guest agrees that their payment method on file will be charged to cover our costs for other charges detailed within this agreement including but not limited to fines issued to Guest by a Complex, charges for replacement of missing items, damages not covered by the Limited Accidental Damage Waiver, stains, bed bug treatment, long distance phone calls, resort purchases charged to the Property, pay-per-view purchases, non-emergency use of fire extinguishers, and administrative fees related to charges.

Guest Requirements and Communications:

The Responsible Guest placing the reservation must be at least 25 years old or be an active member of the US military; be an occupant of the Property for the entire rental period; and must ensure compliance with the occupancy terms by all other Guests listed on this Agreement and any invitees. Must show ID at security gate upon arrival. The Responsible Guest making this reservation agrees to be responsible for supervising all guests listed herein and any additional invitees to insure that they comply with the terms of this agreement and all rules and regulations of the Complex. All communications regarding the rental must be handled by the Responsible Guest only as the point of contact. Guests must comply with Complex identification requirements upon arrival and must present their copy of this contract to gain entrance to the grounds. Reservations will be cancelled with no refund if Guest provides false information, including failure to meet age requirements for the rental during the reservation process.

Cancellations & Changes to Reservations:

Reservations cancelled 30 days prior to the arrival date will be refunded all monies paid except a cancellation fee of $50.00 and any trip insurance premium purchased. Cancellations made 30-15 days prior to the arrival date will be refunded all monies paid less a $250.00 cancellation fee, any trip insurance purchased. No refunds will be made for cancellations made 14 days or less prior to arrival. Otherwise, there are no refunds for not occupying the Property. Changes to reservations, when available, require payment of any difference in the new reservation amount at the time of the change. All refunds are made using the payment method on file. Guest agrees that there may be a delay of up to 14 days for your payment method to process your refund. 

Catastrophic Events & Emergency Evacuations:

If a catastrophe (hurricane, tornado, earthquake, flood, etc.), or any situation beyond our control impairs the Property, EBP, Inc. is NOT responsible for finding alternate lodging for Guest(s) or for Guest’s financial losses related to transportation or alternate lodging. If a mandatory evacuation is ordered, you will receive a refund of the days the Property was unused. Cleaning fees, parking passes or rental additions are not refundable once you have checked in. EBP, Inc. strongly recommends that you purchase trip insurance to cover situations such as these and other unforeseen circumstances.

Travel Insurance:

Third party travel Insurance is available to you at the time of booking. Travel Insurance must be purchased, and the entire premium must be paid at the time you make the reservation. Travel insurance premiums are not refundable. Travel Insurance is recommended if there are any concerns about our cancellation policies. Please read the policy carefully prior to purchasing. To make a claim on your Travel Insurance Policy, please contact the Travel Insurance Company directly.

Grievance Policy & Guest Complaints:

Please contact us immediately with any complaints or concerns. Guests have a duty to report any complaint and to allow us or our vendors entry to the Property and a reasonable amount of time for us to address the complaint. Housekeeping issues must be reported within 12 hours of arrival and will be remedied by our housekeepers, NO refunds for housekeeping charges.

Damage to the Property:

All damage to the Property must be reported to EBP, Inc. at pm@emeraldbeachproperties.com or by phone or text to (850) 234-0997 within 12 hours of discovering damage or after accidental damage occurs. Please complete an arrival inspection when you arrive and check in. If damage occurs to the Property, whether reported by the guest or discovered after departure, the guest is responsible for the cost of repair and/or replacement and administrative costs necessary because of Guest’s breach, negligence or willful conduct resulting in damages or other charges accruing to the Property. If the amount of repair and/or replacement exceeds the

$1000.00 Limited Accidental Damage Waiver coverage provided by this Agreement, Guest agrees that all costs for repair or replacement of damages to the Property not reported or covered under the Limited Accidental Damage Waiver Policy will be charged to the Guest’s payment method on file upon check out. Guest agrees that any damage caused by Guest or Guest Invitees to resort common elements will be charged to the guest’s payment method on file upon checkout.  Guest agrees that any damage caused by animals is NOT covered by the Limited Accidental Damage Waiver and will be billed to the method of payment on file.

Limited Accidental Damage Waiver:

The Limited Accidental Damage Waiver (LADW) participation fee is $50.00 per reservation and Guest must provide credit card information as a backup payment method for any excess damages. The LADW is not refundable and is required as part of this Rental Agreement. As an enrollee, Guest will not be obligated to pay for accidental damage to the Property covered by this Waiver. All claims must be reported to pm@emeraldbeachproperties.com in writing within 12 hours of

occurrence. Accidental acts exclude omissions during the rental period. The maximum benefit is $1000.00. Damage resulting from the following are NOT covered: Acts of God; Intentional Acts; Gross negligence or willful and wanton conduct; Any cause, absent notice to pm@emeraldbeachproperties.com immediately upon discovery; Normal wear & tear; Theft; Damage caused by an animal, motor vehicle, watercraft, BBQ grills, candles, cigarettes, vape pens, other smoking devices; Damages to linens or towels; Damages to Common Areas of the of the building or any cause in breach of this agreement. All claims of accidental damage will be administered by EBP, Inc. staff, which has sole authority to reasonably determine the nature & extent of damages, necessary repairs, and eligibility for the waiver of liability described herein. The LADW is not a form of insurance and there exist no 3rd party beneficiaries. EBP, Inc. does not guarantee full coverage for Guests.

Guest understands that he/she is fully liable for any costs of damages not covered by the LADW for all costs of damages caused by all listed Guests and their invitees during the Rental Period. Guest agrees to provide a credit card to cover any damages not covered by the LADW Fee. These excess damages will be charged to the Guest’s credit card on file. The Limited Accidental Damage Waiver Fee is NOT a damage deposit & is NOT refundable. All damage cone by animals is excluded from the LADW and will be charged to the guest method of payment on file.

Smoking, Vaping, Open Flame Candles and Grills:

Smoking and Vaping are prohibited inside the Property and on balconies/patios. Some Complexes have additional smoking restrictions that must be followed by Guests. Guests are prohibited from using candles with open flames including outdoors on patios and balconies. Per Fire Department Regulations, grills are not allowed on condo balconies or patios. Guest agrees that any evidence of smoking and/or open flames/candles (cigarette butts, ashes, smoke smell, burn holes, char marks) found after your departure will result in an extra cleaning charges and charges for any damages billed to your method of payment on file.

Noise & Quiet Hours:

Guests must comply with posted quiet hours. The Property is in a residential neighborhood/building. Excessive noise at a level that disturbs the neighbors is prohibited. Guest is responsible for payment of any fines resulting from violations of community noise rules.

No Pets or Animals Allowed:

The property being rented does NOT allow pets and or other animals. Complexes generally do not allow pets/animals and have the right to remove Guests who violate their policies. They require all service animals and ESAs to be registered in advance and may deny entry to the Resort if you bring pets or animals that do not qualify or if you violate their policies. This prohibition on animals is not a guarantee than an animal has not been inside the Property or that the Property is free of allergens. If an animal that is not a Service Animal or approved ESA is found in the Property or on resort grounds during your stay, you agree to immediately remove the animal. Failure to remove the animal will result in your party being removed from the Property. No refund of unused nights will be issued. If evidence of an animal policy violation is discovered after check out, Guest agrees that EBP, Inc. will charge up to a $500.00 fee to cover deep cleaning the Property to the Guest’s method of payment on file.

Service Animals & Emotional Support Animals:

Service Animals, as defined by FL Statute 413.08 (2017), including all service animals in training, are welcome in our properties. Registration requirements for animals vary by Complex so, please make us aware of your Service Animal or any proposed ESA at the time of booking. Emotional Support Animals (ESAs): ESAs require a written request and approval before being allowed on property. EBP, Inc. reserves the right to remove any animal for inappropriate behavior. Note: A person who knowingly and willfully misrepresents herself or himself as using a service dog or being qualified to use a service dog commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s.775.083.

Left, Lost, Stolen Items:

EBP, Inc. is not liable for any lost, missing or stolen personal property items during your stay. We will help Guests recover items if possible. If items were left in the Property and are found after your departure, every effort will be made to return the items to you. At your request, EBP, Inc. will package any personal property that is left behind and drop it off at the US Postal Service or UPS Store. Guests will be billed $10.00 + the cost of the shipping to their credit card on file prior to shipping. Guest agrees that personal property left on Property after departure shall be deemed abandoned if good faith attempts to arrange to return it fail after 30 days from your departure date.

Property Access & Use:

The Property is provided as is, and EBP, Inc. is not responsible for the inoperability or unavailability of any amenities. You acknowledge that if the Property has access to amenities that are shared with other properties, such as a shared pool, hot tub, parking lot, or fitness center, that the availability and condition of those amenities is outside EBP Inc.’s control.

Access by EPB, Inc.: EBP, Inc. and its agents may enter the Property as necessary to protect or inspect the Property; for repairs or services; for viewing by prospective buyers, or in case of emergency.  Notice to Guest will be provided when we will enter the Property to the extent reasonable under the circumstances.

Commercial Use: Commercial use of the Property is prohibited, including but not limited to, public events, photography or video/drone productions. Complexes prohibit drone use and commercial Video/Photography without prior written permission from their Management/Board of Directors.

Property Surveillance: Most Complexes have security systems that include surveillance cameras that may record your activities. Some properties have video doorbells that record your activities.  Guest consents to the presence of these recording devices.

Safe Use: Guest shall comply with all laws and rules affecting safety. Fireworks, gas grills, open flames, intoxication by occupants and inherently dangerous activities are prohibited. Fire extinguishers must be used appropriately in emergency situations only. Report chirping alarms to EBP, Inc. as they indicate low batteries in safety devices. Furniture, bedding, dishes, flatware, and other indoor furnishings may not be taken outdoors. Alarms and smoke detectors must not be tampered with. Use the overhead range fan when cooking to avoid accidental activation of smoke detectors.

No Social Functions/Parties Allowed on the Property: No parties, groups gatherings, events, or other social functions are allowed unless specifically authorized by EBP, Inc. Upon a violation of this term Guest agrees to vacate the Property or be subject to removal by police. No refunds will be issued if this rule is violated by Guest or any invitee. Reservations will be cancelled with no refund if Guest plans, advertises, or hosts a Party. A Party is defined as a gathering that exceeds the occupancy limit for the Property by more than 4 persons.

Land Line Phones are Not Provided at Most Locations: Most properties do not provide “Land Line Phones.” If you need to call 911, please be prepared to give the name & address of the Complex and the unit number of the Property to the authorities.

Removal of Guests:

Guest agrees that EBP, Inc. has the right to remove any persons in violation of Section 509.141 FL Statute (2017). Guest agrees that EBP, Inc. has the right to remove Guest & Guest’s party for breach of this Agreement or for violation of Complex Rules, and Guest waives any statutory right to a refund if so removed. EBP, Inc. reserves the right to cancel or rescind any rental agreement if it is found that the Guest and/or Guest Invitees are conducting unlawful activities, causing damage to the Property or the Complex, not abiding by the Complex’s House Rules, disturbing others by playing loud music, percussion, audio or instruments, or cause any loud or offensive noises, have made any misrepresentations about their age, the nature or size of the group or use of the group or the use of the Property or any other misrepresentations or any other way in breach of the rental agreement.

Responsibilities of Parties:

Risk of Loss & Indemnification by Guest and Insurance: Each Party to the Agreement must carry appropriate insurance. Guest agrees to hold harmless and indemnify EBP, Inc. and Owner, and their respective affiliates, for and from all claims for property damage, personal injury, illness or disease, or monetary loss resulting from your actions or omissions, and the actions or omissions of other Guests, during or relating to your stay.

Limitation of liability: To the maximum extent permitted by law, in no case shall the owner of the Property or EBP, Inc., nor their affiliates, nor their respective officers, directors, employees, agents, or owners, be liable for any indirect, incidental, consequential, special, or exemplary damages, or for any damages for personal or bodily injury, illness or disease, emotional distress, or damage to property, arising out of or in connection with your stay at the Property. This limitation applies to all claims for damages whether based on a theory of warranty, contract, tort (including ordinary negligence), strict liability, or otherwise, even if EBP, Inc. has been advised of the possibility of such damage and even if the limited remedy set forth herein is found to have failed of its essential purpose.

Health & Safety:

Beach Flag Warnings: Bay County Florida has a beach flag system to warn of dangerous conditions. Guests must comply with all beach warnings and local authorities. Lead: There are no known lead-based paint hazards on the Property. Wildlife: Florida wildlife may pose a danger so, approach all wildlife and outdoor areas with caution and at your own risk. Bed Bugs: The Property has been inspected to ensure no bed bugs are present prior to your arrival.  Any Bed Bug infestation found 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 bed bugs caused by their occupancy. Allergens & Aggravants: Properties are cleaned according to usual and customary standards by EBP, Inc. Guest assumes responsibility to remediate any symptoms resulting from allergies or Aggravants, including but not limited to skin rashes, coughing and sneezing. Acknowledgment of Inherent Risks: You acknowledge the Property may have features, amenities, and conditions that are unfamiliar to you and other guests you invite to the Property. You further acknowledge that your use of the Property and its amenities may carry inherent risk, including risk of bodily injury, illness or disease, disability, or death. For example, some properties include natural habitats for wildlife, insects, and pests that may expose you to injury or disease; or docks, stairways, porches, ledges, ocean, sand, cliffs, hot tubs, and other unmarked natural or manmade features, amenities, and conditions that carry inherent risk. You agree that, by using the Property or its amenities, you voluntarily and willfully assume those risks and assume full responsibility for the choices you make before, during and after your use of the Property and its amenities. You also acknowledge and agree that you and any other adult occupants are solely responsible for closely supervising and protecting the health and safety of all guests that are minors, throughout the duration of your stay.

COVID-19 & Other Diseases Disclaimer:

Guest understands that an inherent risk of exposure to COVID-19 and other diseases exists in any public place where people are present or have been present. COVID-19 is an extremely contagious disease that can lead to severe illness and/or death. By using this Property, you voluntarily assume all risks related to exposure to COVID-19 and other diseases related to this Property and you agree to hold EBP, Inc. and the Owner of this Property harmless from all COVID-19/disease issues related to this stay for you and all other members of your party.

Legal Terms:

Entirety: This is the entire agreement, superseding all related previous negotiations, agreements, and UCC implied terms. Headings: Headings are solely for convenience, do not constitute part of the agreement, and do not affect its interpretations. Interpretation: This agreement shall not be construed in favor of the non-drafting party. Modification: Only the Property Manager of EBP, Inc. has authority to modify this Agreement. Any modification must be in writing, verbal modifications are not permitted. Assignment: Any attempted assignment, delegation, or sublease of the 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. EBP, Inc. warrants Property quality only to the extent it satisfies legal and contractual requirements, notwithstanding any photographs or presentations otherwise which, despite EBP, Inc.’s reasonable efforts otherwise, could be construed as not being as described. Guest waives his or right to claim the Property was not as described. Discretion: EBP, Inc. 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 in Panama City Beach, Florida. Reliance: Guest acknowledges that he/she/it has not relied upon any current or prior representation or understandings and waives any related rights or claims. Performance: EBP, Inc. 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 the Agreement will be waived without the express written consent of the party not in breach. Remedies: The exclusive remedy for breach of this agreement 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, EBP, Inc. will not be liable for consequential or incidental damages. Liquidated Damages: The parties agree liquidated damages in this agreement constitute non-punitive and difficult to forecast damages. 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. Forum: For litigation between the parties, unless subject to arbitration, the 14th 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 US District Court for the Northern District of Florida. Choice of Law: Claims shall be governed by the laws of Florida to the exclusion of all other laws, conflict of law principles, and legal theories. The parties agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, the parties waive any right to a jury trial. Agreement to Arbitrate: The Parties mutually agree that any dispute, claim, or controversy arising out of or relating in any way to this Agreement will be settled by binding arbitration, such arbitration to be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, or such other AAA arbitration rules that the AAA decides to be applicable to a specific dispute, that are in effect as of the time of service of an arbitration demand. Payment of filing, administration and arbitrator fees will be governed by the AAA’s rules. To begin an arbitration, a party must send a letter to the other party requesting arbitration and describing the claim. Place of Arbitration. The arbitration shall take place in Bay County, Florida.

Exceptions to Arbitration Requirement. As the only exceptions to the agreement to submit all disputes to binding arbitration as provided herein, EBP, Inc. and Responsible Guest both retain the right to pursue: (1) in small claims court in Bay County, Florida and (2) a suit in any court with jurisdiction to enjoin (whether by temporary, preliminary, or permanent injunctive relief) infringement or other misuse of intellectual property rights. Attorney’s Fees: EBP, Inc. shall be entitled to reasonable attorneys’ fees and costs from the Guest for defending chargeback demands, negative public, social media, BBB claims, administrative, or other complaints and arbitration, litigation arising out of this Agreement or otherwise. Third Party Beneficiaries: No party has third party beneficiary rights under this Agreement as any benefits received are merely incidental. Data Usage: Guest consents to the use by EBP, Inc. of its data, subject to governing law.

Notice:

Notice to EBP, Inc. is proper only if e-mailed to ACKNOWLEDGEMENT:

I/we, the undersigned, hereby agree to the terms and conditions of this Rental Agreement for the above listed Property and warrant that I/we have read, understand, and agree to the terms and conditions herein. I/we agree to abide by Property Owner/Complex restrictions on use of said Property. I/we further understand and represent that I/we are executing this Agreement on behalf of all parties named on the Guest list and any of their invitees.