5. In the event the premises become uninhabitable, due to damage from wind, fire, rain, storm surge, or any other cause, and VOV, at their sole discretion, shall decide not to repair or rebuild the premises, the term of this lease shall end and rent will be prorated up to the time of the damage.
6. Guest agrees to permit VOV, the property owner or owner's agents, to enter the rental premises or any part thereof at any reasonable time for the purpose of making necessary repairs, and/or to protect any personal property from damage. VOV, owner or owner's agent may also enter the rental premises when necessary in case of an emergency or when the Guest unreasonably withholds consent or access.
7(a). Guest acknowledges and agrees that VOV, owner, or owner's agent, may remove or cause to be removed from the rental premises any Guest or guest who, while at the rental premises, illegally possesses or deals in controlled substances, violates any of the terms of this Rental Agreement, is intoxicated, profane, lewd or brawling, who indulges in any language or conduct which disturbs the peace and comfort of other guests or neighbors, or which constitutes a nuisance, or which injures the reputation, dignity or standing of the rental premises, or anyone who fails to make payment of rent at the agreed-upon rental rate and fees at the agreed-upon times, or anyone who fails to check-out at the agreed upon time unless an extension of time is expressly agreed to by VOV and the Guest prior to check out. Admission to and removal from the rental premises is not and shall not be based upon race, creed, color, sex, physical disability or national origin. Any notice to vacate may be given orally or in writing by VOV to Guest, and if in writing shall be as follows: "You are hereby notified that this establishment no longer desires to entertain you as its guest, and you are requested to leave at once. To remain after receipt of this notice is a misdemeanor under the laws of this State."
7(b). If any Guest who is asked to vacate early has paid in advance, VOV shall, at the time notice is given, tender to the Guest the unused portion of the advance rent and fees payment without prorating any portion of the day that Guest is noticed to vacate. VOV may retain any security deposit without further notice as agreed upon liquidated damages, consideration for the execution of this Rental Agreement and in full settlement of all claims, or VOV, at VOV's option, may proceed at law with any damages claim. If any person is illegally at the subject rental premises, VOV may call upon any law enforcement officer of this State for assistance. If the Guest is arrested, VOV shall employ all reasonable and proper means to care for any personal property which may be left at the rental premises by the guest; however, upon arrest, the Guest/guest shall be deemed to have given up any right of occupancy and to have abandoned such rights.
8. Guest agrees that VOV, owner and owner's agents shall not be liable for any loss of or damage to any personal property in or on the rental premises or stored in rooms or places provided to Guest in connection therewith, absent gross negligence. Guest further agrees that neither VOV, owner and owner's agents or employees shall be liable for any damage to the personal property of the Guest, Guest's family, guests, or agents arising from theft, vandalism, fire, water, rain, acts of God or government, interruption of utilities, acts of others or other third party or external causes whatsoever.
9. No lifeguard is available on the premises. Guest shall use pools, bay and ocean water, fishing pier and dock, etc., with great care and in accordance with any posted rules. All children and elderly, frail adults using said amenities shall be constantly supervised by a responsible adult who can swim. If the pool, waters, pier or dock are equipped with any safety features such as a fence or other pool or water area barrier, a pool cover, a door latch or a door or window alarm, Guest shall be responsible for correctly operating and using said safety device every time the pool, water area or dock is used. Any use of said pools, water area, pier or dock, etc. shall be at the sole risk of the user, the responsible adult supervising the user, and the Guest.
10. Guest may not assign this Agreement or sub-let the rental premises or any portion thereof.
11. Renter understands that VOV does not own the rental units; That VOV is merely an independent agency whose sole purpose is to secure renters for the unit's owner. VOV does not warrant that any particular rental unit is free from any defect. In the event a unit's air conditioning fails, or an appliance does not work properly, etc., there may be times when a unit needs repair during renter's vacation. Renter agrees that until they let VOV know of a defect, nothing will be done to repair the defect. In the event, after notice, VOV receives notice, and a repair of the defect cannot be repaired timely enough, VOV retains the right to reimburse renter any amount up to the remainder of what has been paid for the rental period, or move renter to another available unit. In the event another unit is unavailable, a refund of remaining fees will be paid by VOV.
12. Guest is responsible for and shall indemnify VOV & employees and the owner and owner's agents and hold them harmless from any and all claims, liability, demands, actions, causes of action, expenses, damages, losses or injuries sustained by any person including Guest, Guest's family, agents, guests or invitees as a result of or arising from the Guest's subject occupancy and tenancy, including, but in no way limited to claims arising from the use of decks, porches, patios and all furniture inside and outside rental property, any pool, hot tub, spa-pool, water area or dock, which are part of the rental premises. Guest shall also be liable and indemnify VOV or owner for attorney's fees and court costs incurred by VOV or owner in enforcing any of the terms, covenants or conditions of this Rental Agreement or which are sustained by VOV or owner as a result of or arising from or during Guest's subject occupancy and tenancy.
IN WITNESS WHEREOF, the parties execute this Lease effective the day and the year 02/14/2021.
Health & Safety Waiver
Waiver of Liability Relating to Coronavirus/COVID-19
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is reported to be extremely contagious. The state of medical knowledge is evolving, but the virus is believed to spread from person-to-person contact and/or by contact with contaminated surfaces and objects, and even possibly in the air. People reportedly can be infected and show no symptoms and therefore spread the disease. The exact methods of spread and contraction are unknown, and there is no known treatment, cure, or vaccine for COVID-19. Evidence has shown that COVID-19 can cause serious and potentially life threatening illness and even death.
Venture Out Vacations cannot prevent you [or your guests] from becoming exposed to, contracting, or spreading COVID-19 while utilizing Venture Out Vacations or Venture Out Resort premises or amenities. It is not possible to prevent against the presence of the disease. Therefore, if you choose to utilize Venture Out Vacations and Venture Out Resort’s services and/or enter onto Venture Out Vacations and Venture Out Resorts premises you may be exposing yourself to and/or increasing your risk of contracting or spreading COVID-19.
ASSUMPTION OF RISK: I have read and understood the above warning concerning COVID19. I hereby choose to accept the risk of contracting COVID-19 for myself and/or my children in order to utilize Venture Out Vacations and Venture Out Resort premises or amenities. These services are of such value to me [and/or to my children,] that I accept the risk of being exposed to, contracting, and/or spreading COVID-19 in order to utilize Venture Out Vacations or Venture Out Resort premises and amenities in person.
WAIVER OF LAWSUIT/LIABILITY: I hereby forever release and waive my right to bring suit against Venture Out Vacations or Venture Out Resort and its owners, officers, directors, managers, officials, trustees, agents, employees, or other representatives in connection with exposure, infection, and/or spread of COVID-19 related to utilizing Venture Out Vacations or Venture Out Resort premises or amenities. I understand that this waiver means I give up my right to bring any claims including for personal injuries, death, disease or property losses, or any other loss, including but not limited to claims of negligence and give up any claim I may have to seek damages, whether known or unknown, foreseen or unforeseen.
CHOICE OF LAW: I understand and agree that the law of the State of Florida will apply to this contract.
I HAVE CAREFULLY READ AND FULLY UNDERSTAND ALL PROVISIONS OF THIS RELEASE, AND FREELY AND KNOWINGLY ASSUME THE RISK AND WAIVE MY RIGHTS CONCERNING LIABILITY AS DESCRIBED ABOVE: