Miss Ellie’s

***ALL PRIMARY GUESTS MUST SIGN THE RENTAL AGREEMENT WITHIN 24 HOURS AFTER BOOKING OR YOUR RESERVATION MAY BE CANCELLED. You will be sent a link to click and sign.*** OCCUPANCY - Maximum number of guests at this property is 10 regardless of age. No more than 10 humans total per the City of Destin. NO SMOKING OR VAPING. Costs for remediation from violations are $$$ and will be charged to guests. NO EVENTS or PARTIES - Parties and/ or events are prohibited by Airbnb rules and by owner. QUIET HOURS: Please respect our neighbors and abide by our quiet hours. Per the City of Destin, violation will be subject to a $500 fine. Guests will NOT be given any refunds and will be asked to leave. PROPERTY INSPECTION: An inspection of the property will take place 24 hours in advance of arrival and departure. Primary Guest must be at least 25 years of age to reserve, rent, and must be present during the entire stay. Reservations made under false pretenses will be deemed cancelled by Guest. Access to property will be terminated and, if stay has commenced, guest will be required to vacate the property immediately. This Renter Agreement ("Agreement") is made and effective on the date signed below between "Owner and/or Manager" and "Guest" regarding the property known as MISS ELLIE'S ("Rental Property"). This Agreement applies to the Guest's stay at Rental Property during dates indicated on your Airbnb reservation, but also applies to any other dates which may be included if the reservation is changed. This Agreement applies to all members of the Guest's party no matter the age or affiliation. Guest acknowledges that Guest is responsible for sharing the renter agreement, and its requirements, with all members of the Guest's party and anyone else permitted onto the Rental Property by the Guest. In consideration of the rent received and the mutual promises contained herein, Owner of the Rental Property does hereby lease and rent to Guest(s) such Rental Property under the following terms and conditions: 1. Guest agrees to abide by all rules and regulations contained herein or posted on the premises related to the Rental Property. Guests obligations include but are not limited to keeping the premises as clean and safe as the conditions of the premises permit and causing no unsafe or unsanitary conditions in the common area and remainder of the premises that Guest uses. Guests agree not to use the premises for any commercial activities or purpose that violates any criminal law or governmental regulation. Guest's breach of any duty contained in this paragraph shall be considered material and shall result in the termination of guest occupancy with no refund of any kind. 2. In no event shall the Rental Property be occupied by more persons than the capacity of the property as stated on the web site or the confirmation letter, without prior approval by Owner. No fraternities, school, civic, or other non-family groups are allowed unless Owner grants prior approval. In no event shall Guests assign or sublet the Rental Property in whole or in part. Violations of these rules are grounds for expedited eviction with no refund of any kind. Guests hereby acknowledge and grant specific permission to Owner to enter premises at any time for inspection purposes should Owner reasonably believe that Guests are causing or have caused any damage to Rental Property. Guest further agrees to grant Owner access to Rental Property for purposes of maintenance and repair. If listed "For Sale", Guests agree to grant access by scheduled appointment upon notification. 3. In the event Guest wishes to terminate this agreement, Travel Insurance, Damage Protection and any processing or administrative fees are non-refundable. The refund policy is as stated on VRBO/AIRBNB or the booking site and is incorporated and made a part of this agreement: 4. A payment is taken by the booking platform or Owner at the time of the booking. 5. If the stay was booked on a platform such as Airbnb/VRBO the security deposit on the booking platform listing will hereby supersede the security deposit in the rental agreement. If booked directly with the host, a security deposit is required ("Security Deposit") and will be automatically reserved for the booking. The automatic reserve is conducted by putting a hold or charge on the Guest's credit card for the amount of $500.00 exactly 2 day(s) prior to the arrival date. The credit card of the last successful payment will be used. If there are no successful credit card payments, it is the responsibility of the Guest to send $500.00 by check to the Owner to satisfy the Security Deposit requirement. If, at the end of the rental period, the rental property is returned undamaged beyond normal wear and tear, the Security Deposit will be released in full within five (5) business days. In the event of any damages, Owner will provide Guest with a full accounting of expenses incurred and deductions made from the Security Deposit. Should the damages exceed the amount of the Security Deposit, Guest agrees to pay the balance within five (5) business days after receiving notification. Deductions from Security Deposit may include, but are not limited to: excess cleaning fee, hot tub draining and refilling fee, trash removal fee, missing item replacement costs, damaged item replacement or repair costs, repair costs of buildings or grounds, or other service call fees. Owner is under no obligation to use the least expensive means of restoration. 6. Regular payments and security deposits for the booking will be displayed as RMKM, LLC on the Guest's credit card statement. 7. Guests must inform the Owner of their intention to bring children and the specific number. A child is defined as any person under the age of 18. 8. If a hot tub or pool is provided at the Rental Property, it will be prepared and tested for proper and safe chemicals prior to or on the day of occupancy. Misuse of a hot tub or pool by the spilling of foreign substances into the pool, i.e. soap, shampoo, oils, glass or metal will result in a Service Call Charge at the sole discretion of Owner. Under no circumstances are pets allowed in pools or hot tubs. Violation of this provision shall be grounds for expedited eviction and forfeiture of all monies paid. 9. If linens or towels are rented from Owner or supplied with Rental Property, Guest is responsible for lost or damaged items at the cost of two (2) times the published standard rental price for such damaged or lost linens or towels. 10. In the event Owner is unable to make Rental Property available for any reason other than described above or a reasonable substitute as determined by Owner, Guest agrees that Owner's sole liability as a result of this unavailability is to provide a full refund of all monies paid under this Agreement and Guest expressly acknowledges that in no event shall Owner be held liable for any special or consequential damages which result from this unavailability. Guest also agrees to indemnify Owner from and against liability for injury to Guest or any other person occupying Rental Property resulting from any cause whatsoever including, but not limited to, injury sustained as a result of use of the phone, spa, hot tub, sauna, whirlpool tub, pool, exercise equipment, elevator, etc. except only such a personal injury caused by the gross negligence or intentional acts of the Owner. 11. Right to Terminate. Owner may terminate this Agreement upon the breach of any of the terms hereof by Guest. Guest shall not be entitled to the return of any rental monies paid under the terms of this Agreement and shall vacate the Property immediately. 12. Swimming Pool and Hot Tub Usage – Release of Liability, Waiver of Claims, Express Assumption of Risk and Indemnity Agreement In consideration for receiving access and/or permission to use any swimming pool, spa or hot tub (“Activity”) at your rental Property or otherwise made available to you as an amenity in conjunction with your rental by RMKM, LLC and or its affiliates and the Owner(s) of your rental Property (“Owners”), you hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE, AND AGREE TO INDEMNIFY AND HOLD HARMLESS for any and all purposes RMKM, LLC , Owners, and their respective officers, servants, agents, volunteers, or employees (herein collectively referred to as RELEASEES) FROM ANY AND ALL LIABILITIES, RESPONSIBILITIES, CLAIMS, DEMANDS, CAUSES OF ACTION OR INJURY, INCLUDING DEATH, that may be sustained by you or your guests or invitees while participating in such ACTIVITY, whether caused by RELEASEES’ active or passive negligence. o You agree that you are fully aware that there are inherent risks involved with ACTIVITY, including but not limited to possible physical injury (including, but not limited to broken bones, strains, sprains, bruises, concussions, heart attack, heat exhaustion) and loss of life and you choose to voluntarily participate in said ACTIVITY with full knowledge that said ACTIVITY may be hazardous to you, your guests, your invitees, and your property (“You”). YOU VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF LOSS, PROPERTY DAMAGE OR PERSONAL OR EMOTIONAL INJURY, INCLUDING DEATH, that may be sustained by You as a result of participating in said ACTIVITY, whether supervised or unsupervised. You further agree to indemnify and hold harmless the RELEASEES for any loss, liability, judgment, settlement, damage or costs, including court costs and attorney’s fees for both the trial and appellate levels that may occur as a result of or in any way related to Your participation in said ACTIVITY, whether caused by RELEASEES’ active or passive negligence or otherwise. o You agree to be responsible for the day to day general safety conditions of any swimming pool and/or hot tub to use at your rental Property. This includes, but is not limited to, keeping the swimming pool, spa and/or hot tub clean of debris, keeping the swimming pool, spa and/or hot tub areas clean, neat and organized, keeping all gates and doors locked and the swimming pool, spa and/or hot tub area secured at all times, and operating the swimming pool, spa and/or hot tub in a safe, responsible manner. o You understand that RELEASEES may not maintain any insurance policy covering any circumstance arising from your participation in this ACTIVITY or any event related to that participation. As such, you are aware that you should review Your personal insurance coverage. o You hereby certify that you are at least 18 years of age and you are legally competent to enter into this Agreement, including the Release, Waiver, Assumption, and Indemnity provisions contained herein. You agree that it is your express intent that this release shall bind the members of your family and spouse if you are alive, and your heirs, assigns and personal representatives, if you are deceased, and shall be governed by the laws of the State of Florida. 13. The Rental Property may offer access to recreational and water activities, including but not limited to bicycles, and swimming. Guest fully understands and acknowledges that outdoor recreational and water activities have inherent risks, dangers and hazards. Participation in such activities and/or use of equipment may result in injury or illness including, but not limited to bodily injury, disease, strains, fractures, partial and/or total paralysis, death or other ailments that could cause serious disability. Guest agrees to fully indemnify and hold harmless the Owner and any and all agents, employees, or contractors for any injury or damage caused by these activities, whether caused by the negligence of the Owners, the negligence of the participants, the negligence of others, accidents, breaches of contract, the forces of nature or other causes foreseeable or unforeseeable. Guest hereby assume all risks and dangers and all responsibility for any losses and/or damages, whether caused in whole or in part by the negligence or other conduct of the Owners or by any other person. Guest hereby voluntarily agree to release, waive, discharge, hold harmless, defend and indemnify Owner and any and all agents, employees, or contractors from any and all claims, actions or losses for bodily injury, property damage, wrongful death, loss of services or otherwise which may arise out of my use of Rental Property facilities, equipment, or activities. Guest further assumes full responsibility for the actions of any and all persons whom he may allow to enter the property during the rental period and indemnifies Owner from any and all claims arising from such other persons. 14. Check-In / Check-Out Times. Check-in starts at 4:00 PM (CST). Check-out time is 10:00 AM (CST). No Early Check in or late Check outs are allowed. If a guest does not vacate the property by 10AM on their scheduled day of departure, the fee for failing to vacate is $50.00 dollars for the first half hour and $100.00 for each subsequent half hour that the guest fails to vacate the property. 15. WIFI RULES. Wi-Fi is offered as an amenity to our guests. Please read the following: By accepting this agreement and accessing the wireless network, you acknowledge that you are of legal age, you have read and understood, and agree to be bound by this agreement. The wireless network service is provided by the property owners and is completely at their discretion. Your access to the network may be blocked, suspended, or terminated at any time for any reason. You agree not to use the wireless network for any purpose that is unlawful or otherwise prohibited and you are fully responsible for your use. The wireless network is provided "as is" without warranties of any kind, either expressed or implied. 16. Good Neighbor Policy. Please remember you are staying in someone’s home during your vacation. Please treat it with care and leave it in good condition at checkout. Guests must follow all rules and regulations of the community in which the home is located. 17. Property Rules and Regulations. Please observe all rules and regulations governing the use of the property you are occupying which are included in the house manual. These rules apply to both owners and guests, and failure to comply can result in eviction. o Conduct on the premises and compliance with City of Destin Ordinances: 1. All furniture must be kept in the house, except the outside patio/porch furniture. 2. Guest(s) shall refrain from creating any noise or sound in the house, which is disturbing to the neighbors. (Noise ordinances are enforced in Destin.) 3. Guest(s) shall refrain from playing any musical instrument, radio, music system, entertainment system, or television set at a volume, which causes disturbance to the neighbors. (Noise ordinances are enforced in Destin.) 4. Guest(s) shall refrain, and ensure his or her guests and invitees refrain, from any conduct, which a reasonable person would deem likely to annoy or disturb the neighbors while on the premises. 5. The parking space for the house is in the driveway of the house only. There is enough parking spaces for up to 2 vehicles. Vehicles parked on the side of the road are in violation of city ordinances. 6. Please abide by the Pool Rules that are posted near the swimming pool. 7. Guests must abide by all laws and ordinances of the state of Florida, Okaloosa County, and the city of Destin. You are staying at this property and using the facilities at YOUR OWN RISK. 18. Notices. All notices required or permitted under this Agreement will be in writing and sent by certified mail, return receipt requested, by reputable oversight courier, by hand delivery, or by email. The notice address for RMKM, LLC , 4532 John Ave Destin, Florida 32541. 19. Applicable Law. This Rental Agreement shall be governed by, construed under, and enforced and interpreted in accordance with the laws of the State of Florida. 20. Venue and Jurisdiction. The exclusive venues for any civil action related to this Rental Agreement are the United States District Court for the Northern District of Florida, Pensacola Division, and the County and Circuit Courts sitting in Okaloosa County, Florida. The Parties here-by submit to the personal jurisdiction of all the courts in the previous sentence and agree not to challenge such jurisdiction. 21. Travel Protection Insurance: Travel protection service is highly recommended and can be purchased directly from a number of independent reputable national providers. Depending upon the source of your booking, it may or may not be automatically added as a separate item on your guest charge folio. If your guest charges on your contract include a separate line item for travel insurance, you are purchasing the insurance and are covered. If your charges do not include a separate line item for travel insurance, you are not purchasing the travel insurance, and you are not covered. 22. Cancellations and Changes. If the stay was booked on a platform such as Airbnb/VRBO the cancelation on the booking platform listing will hereby supersede the Cancellation Policy in the rental agreement. If booked directly with the host, the reservations may be cancelled or changed by notifying management in writing at least 30 calendar days prior to your arrival date (“Cancellation Period”). In such instances, the full amount of your Reservation Deposit will be refunded, less a $250.00 administrative cancellation/change fee. In the event of cancellations or shortened stays made after the Cancellation Period, you will be responsible for the full amount of the total booking charges, conditions and restrictions may apply. 23. Property Availability and Refunds. Entering into this agreement reserves for you the specific property selected at the time of your reservation upon the receipt of your deposit and signed contract. If the specific property reserved is unavailable for any reason, guests will be limited to a full refund or similar accommodation at their election. In no event will RMKM, LLC, or the Owners of the property be responsible for any direct or indirect costs, expenses, fees or other consequential damages resulting from the unavailability of a specific accommodation. 24. No Smoking. Smoking is not permitted in the property or on the premises. Guests who violate this policy will be charged an additional $500, plus the expense of any necessary cleaning. Violations may also result in immediate eviction and forfeiture of rent. 25. Candles/Open Flames. No candles or open flames are permitted within the property. 26. Plumbing: No flushable wipes or paper towels are allowed to be flushed down the toilets. If a plumbing problem occurs due to guest misuse the guest shall be required to pay for all repairs. 27. Minimum stay requirements. Most of our properties require a minimum stay of three (3) nights. Longer stays may be required during peak seasons and holidays. One week minimum stays apply at some properties during peak and holiday periods, with Saturday arrival and Saturday departure. 28. Maximum Number of Guests. The maximum number of guests per accommodation is based on the individual accommodation’s ability to comfortably and safely house our guests. If the maximum occupancy is exceeded, you may be asked to vacate the property and forfeit any rental payments. 29. Age Requirements. All of our vacation rentals require all adult guests to be over the minimum age of 25 years. This does not apply to children which is defined as any guest under the age of 18 years of age. Guests who violate this policy are subject to immediate eviction and forfeiture of all rental payments. In accordance with Florida State Statute 509.41, reservations made under false pretense are null and void and check-in will not be allowed or guests will be asked to vacate the accommodations. This policy includes reservations made by parents or guardians who do not check in, and/or who leave overnight during the length of the stay. 30. Departure Policies and Fees: Please be sure to put all trash in proper containers and place in outside garbage. Please place all dirty dishes in dishwasher and start. We reserve the right to charge an additional housekeeping fee if the home is left abnormally dirty and requires additional cleaning services. Late checkout is not allowed in order to allow our cleaners sufficient time to turn over the property for the next guest. 31. Housekeeping. Your vacation accommodations will be cleaned to quality standards prior to your arrival and after your departure. You will be responsible for the cleaning of your unit during your stay and for leaving the unit in good condition at check-out. If units are found ab-normally dirty at check-out, additional charges will be charged to your credit card to assist in performing a deep cleaning of the unit. 32. Amenities: Included amenities are listed in the property description. Guests are prohibited from removing bath towels from the home and may not be used at a pool or beach. A starter supply of paper towels, trash bags, dishwashing and laundry detergent, toilet paper and soap will be provided. It is the responsibility of the guests to supply additional house amenities for the duration of their stay. 33. Linens, Bath Towels, & Household Supplies: Included in each property are a full set of bed linens and bath towels. A washer & dryer is provided for the home. 34. Beach & Pool Towels. Beach/pool towels are provided, please do not remove bath towels or linens from the unit. 35. Maintenance. During your stay, promptly report any maintenance problems to us on the booking platform or direct contact email. No refund or rate adjustment will be made for unforeseen failures such as the supply of electricity, water, pool filtration systems, air conditioning, telephone, internet, television or cable service, appliances, etc. 36. Damage Policy. Guests are responsible for the property, its contents, and themselves during occupancy. Guests must lock windows and doors securely when not in the premises. Rearranging the furniture or removing any items from the unit is prohibited. GUESTS MUST REPORT ANY DAMAGES PRIOR TO YOUR DEPARTURE. After Check-Out, the RMKM, LLC representatives will inspect the unit for damage, missing items, and abnormally dirty appearance. If damage is present, items are missing, or the unit is abnormally dirty, RMKM, LLC will repair the damage, replace the missing items, and/or perform a deep clean of the unit at Guest’s expense. Guest authorizes RMKM, LLC to charge the credit card on file to reimburse the Property Owner for any such expenses. 37. Hurricanes and Severe Weather– Guests covered by travel protection insurance may be entitled to a refund or partial refund in the event that the National Hurricane Center and our local governing officials issue a “Mandatory Evacuation” order for the location of your rental property, provided that you have purchased coverage before the storm was named. Any such refunds shall be subject to the terms, conditions and restrictions. RMKM, LLC does not provide refunds for cancellations or shortened stays due to actual or anticipated hurricanes, tropical storms or other inclement weather. 38. Security of Personal Property. We are not responsible for any acts of theft or vandalism, or other damages to any personal property or for personal items left by guest in the accommodation at departure. Guest is responsible for all shipping costs for any Lost and Found items that Owner is requested to return to Guest. Items found and not claimed within 30 days will be disposed of at the discretion of Owner. 39. Prohibited Items: Smoking and fish cleaning are NOT permitted in the home and smoking is NOT permitted on the premises. No cleaning of caught fish is permitted inside the home due to the odor. Guests who violate these policies will be charged a $500 fee plus the expense of any additional cleaning. 40. No Subletting. The rental property may not be sublet. Your reservation is not transferable to any other party. 41. By signing and or submitting payment for this rental, Guests and any Occupants agree to indemnify, defend, and hold harmless the Owner, Landlord and Rental Property Manager for any liabilities, theft, damage, or expense whatsoever arising from any claim or litigation which may arise out of or in connection with Guests or Occupants use of rental property. This includes any claim or liability for personal injury, illness, damage or theft of property, incurred or sustained by Guests or Occupants. If for some reason the reserved property becomes unavailable and a refund is due to renter, the property manager and owner will not be responsible for any other direct or indirect costs or fees. 42. Waiver of Jury Trial. BY ENTERING INTO THIS AGREEMENT, THE PARTIES KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A JURY TRIAL AS TO ANY CLAIMS A PARTY MAY CLAIM TO HAVE AGAINST THE OTHER WHICH ARISES OUT OF THIS AGREEMENT OR THE COURSE OF DEALINGS BETWEEN THE PARTIES. 43. Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes any prior understanding, marketing or agreement among them respecting the subject matter hereof. There are no representations, arrangements, understandings or agreements, oral or written, relating to the subject matter of this Agreement, except those fully expressed herein. No waiver of any provision hereof shall be valid or binding on the parties hereto, unless such waiver is in writing and signed by or on behalf of the parties hereto, and no waiver on one occasion shall be deemed to be a waiver of the same or any other provision hereof in the future. 44. Severability. If any term or provision of this Agreement is held illegal, invalid or unenforceable, such illegality, invalidity or unenforceability shall not affect the legality, validity or enforceability of the remainder of this Agreement. 45. Headings. Section and other headings contained in this Agreement are for reference purposes only and are in no way intended to define, interpret, describe or limit the scope, extent or intent of this Agreement or any provision hereof. 46. Guest Illness. If, during a guest’s stay, a member of the party becomes seriously ill with a communicable illness, such as Covid-19, guest is requested to voluntarily notify property management of the illness, whether diagnosed or undiagnosed. This voluntary notification will provide the opportunity to arrange for further sanitizing of the home. Guests are also requested to voluntarily notify the property management, or owners if a member of their party scheduled to arrive in the home has been diagnosed with Covid 19 within 14 days prior to the guest’s arrival date. 47. Stairs & Assumption of Risk: Guest acknowledges that the property includes stairs and/or changes in elevation, which may pose a risk of injury if not used carefully. Guest agrees to use all stairs and walking surfaces at their own risk and to supervise children and elderly individuals at all times. By accepting this reservation, Guest voluntarily assumes all risks associated with the use of stairs and agrees that Owner and Property Manager shall not be held liable for any injuries, accidents, or damages resulting from slips, trips, falls, or misuse of stairs or walking surfaces on the property. NOW, THEREFORE, in consideration of the mutual agreements and covenants herein contained, Guest has read and agreed to the following: I understand the rules and rental conditions upon which I am agreeing to rent accommodations, equipment, and use of the property. I acknowledge and accept that the sole responsibility for safety lies with the participant. In agreeing to this, I acknowledge that outdoor activities and exposure to the natural elements and animals can be dangerous and sometimes result in injury and even death. Steps and decks can be slippery, animals and insects can threaten and infect or injure, exposure to the elements can cause hypothermia, sunburn, among other risks inherent in participating in camping, outdoor and water activities. I know that alcohol and/or drugs do not mix safely with any outdoor activity. I am over the age of 25 and assume responsibility for those in my charge under the age of 25. I hereby assume all legal responsibility for bodily injury to me or to any person on the property as a result of my visit and use, operation or possession of equipment hired or loaned to me. Acknowledging this, I accept complete responsibility for the minor children and myself in my charge and visit the property and equipment and engage in activities or events at my own risk. I will abide by the rules and accept these rental conditions: • The property I rent will be returned in the same condition in which it was rented and I will be responsible for all damage and/or loss that occurs during my rental period. • I agree to hold harmless and to indemnify the Owner of the Rental Property against all loss, damage, expense and penalty on account of personal injury or property damage to the rental dwellers, the undersigned or to any minor child or children in the charge of the undersigned, howsoever rising, whether by act or acts or failure to act of the employees, owners or animals of the said company or property owners or not. • I acknowledge receipt of the property in good order and condition (if found otherwise per my arrival I will contact Owner immediately) and further agree that the Owner of the Rental Property shall not be liable for consequential damages of any kind or nature from whatever cause arising, whether property or equipment is loaned or rented. • I enter into agreement freely with the Owner of the Rental Property at my own risk, acknowledging the risks inherent in indoor and outdoor activities and assume any and all responsibility for the minor children and myself in my charge. • All parties agree to and will comply with Federal, State and County pollution laws and any other applicable laws and regulations.