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Terms & Conditions

SHORT-TERM RENTAL AGREEMENT

1400 Lake Drive, Delray Beach, FL, 33444

THIS SHORT TERM RENTAL AGREEMENT (“Agreement”) serves as a contract between guest renting a vacation property (“Property”), hereinafter “You” or “Your” and Owner of the Property. The term “Management” is used to refer to Brampton Park, Rentals, Inc. Please review the terms and conditions relating to your reservation. BY ACCEPTING THIS AGREEMENT, YOU ACKNOWLEDGE, AGREE, AND CONSENT TO ALL RENTAL TERMS AND CONDITIONS CONTAINED HEREIN OF OWNER.

Minimum age of 30yrs old for the primary Renter.

1. Check-in

Upon receipt of your payment your Reservation Confirmation will be emailed to you. Check-In time is 4:00 P.M.

2. Check-out

Check-out is before 11:00 A.M. on the day of departure. The Property will be inspected and cleaned upon your departure and a cleaning fee has been included in your total rental fee. If you would like a late check-out, please make arrangements with Management at least 24 hours in advance. Late departure will be allowed at Owner’s discretion. No refund will be given for early departure.

3. Cancellation Policy

3.1. Cancellations. No cancellations will be refunded if cancelled less than sixty (60) days before the arrival date.

3.2. COVID-19 and Pandemic-Related Cancellations. There will be NO REFUNDS after the 60-day cancellation period. Guest makes the reservation knowing and assuming the risk of any State and/or local government-issued mandates concerning lockdowns and other matters that may affect Guest’s stay at the Property. Furthermore, it is the responsibility of the Guest to ensure proper testing and take all reasonable measures to avoid contracting COVID-19 and/or other illnesses prior to or during his or her stay at the Property. To be clear, under NO circumstances will refunds be provided and no stays will be extended due to COVID-19 and/or other illness.

4. Special Needs Guests

When traveling with individuals that are elderly, have a disability or other special needs, Guest agrees to contact Management in advance so that they may help with reasonable accommodations at Property for a convenient and accessible stay. Please be advised that vacation rentals are considered under the law to be private homes and are not subject to the Americans with Disabilities Act.

 

 

5. Lost Property Items

While using the Property, you will be responsible for safeguarding all Property items. If any of the Property’s items are lost, you will be billed for the cost of such item at check-out.

6. Smoking

No smoking, Vaping, E-Cigarettes, or any smoking/vapor device on the property (inside or outside). There are absolutely no exceptions. If there is evidence of smoking/vaping ANYWHERE inside or on the outside premises of the Property, 100% of your security deposit will be retained for smoke remediation and you will be asked to vacate the Property immediately without a refund.

7. Damage to Property

If upon your departure, it is discovered that you have caused any damage to the property, the amount in damages will be deducted from your security deposit and you will be responsible to pay for any amount in damages exceeding that deposit.

8. Pet Policy

All Pets need to be pre-approved by management before booking. Approval will require an interview and Guest may be required to provide supporting documentation.

9. Maximum Occupancy

The property has a specific maximum occupancy, including day guests and overnight guests. The maximum occupancy for overnight guests is limited to 10 persons and the maximum occupancy for day guests is 10 persons. Exceeding the maximum occupancy may incur additional fees and the guest will be asked to leave without any form of refund.

10. Rental Restrictions

Guest must be at least forty (40) years of age to reserve the Property and check-in. Submitting a reservation request authorizes management to perform a background check which may include a credit inquiry. Management reserves the right to refuse rental to any party based upon information obtained from a background check. A government-issued Identification is required.

11. Trash Removal and Cleanliness

We expect all guests to keep the Property reasonably clean and to remove all trash items regularly and place them in the appropriate bins. Guest may incur additional fees if the Property is found to have been excessively dirty upon the guest’s departure.

12. Entry upon Emergency

Owner, Management, or any other designated party by owner, may enter the Property at any time in the event of an emergency.

13. Parking

There will be six (6) available parking spaces at the Property, four (4) in the driveway and two (2) in the garage. Owner is not responsible for any damage to vehicles, for any reason beyond Owner’s control, including but not limited to vandalism or theft, and guests park at the available parking spaces at their own risk.

14. Security System

Guest understands that the Property may not be equipped with a security system, and if one is in place, it is not warranted to be complete in all respects or to be sufficient to protect Guests or the Premises. Guest releases Owner from any loss, damage, claim or injury resulting from the failure of any security system or from the lack of one.

15. Recreational Equipment

The property is equipped with the following recreational equipment:

  • Fire Pit
  • Paddleboards

Guests shall use all reasonable measures to ensure their safety while using any recreational equipment and do so at their own risk.

15.1. Fire Pit. Principal Guest (who made the reservation) MUST thoroughly read and agree to the waiver and release of liability for Fire Pit use, attached hereto and incorporated herein as Exhibit A, before any guest uses the Fire Pit. By using the Fire Pit, guest acknowledges that there are certain inherent risks associated with its use and guest chooses to use it solely at his or her own risk.

15.2. Paddleboards. Before guests are allowed to use the Paddleboards on the Property ALL guests must thoroughly read the waiver and release of liability attached hereto and incorporated herein as Exhibit B, and the Principal Guest hereby agrees to it. By using the Paddleboards, guest acknowledge that there are certain inherent risks with its use and choose to use it solely at their own risk.

16. Lake Property

The Property is a lake front property and guest acknowledges that there are natural hazards with activities in a lake setting and assume full responsibility and all risk of accident, serious injury, death or damage to guest, minor children, and/or property.

Owner has taken reasonable measures to place a fence between the Property and the lake, but it is guest’s responsibility to ensure that the fence is locked at all times and that no minor children are left unsupervised near the fence or in the lake area. By signing this Agreement, guests acknowledge that Owner has taken all reasonable measures to ensure the safety of its guests related to the lake front property. Guests agree to indemnify Owner, its agents and affiliates, for any claims, damages, or lawsuits arising out of guests’ failure to abide by this Section 16.

17. Guest’s Orderly Conduct

The Property being occupied by Guest and Guest’s visitors is a single-family residential neighborhood. To ensure use of the Property does not create a nuisance, or in any way disrupt the residential character of the neighborhood, Owner prefers renters who are: (1) families, (2) business owners, their employees, or their representatives, or (3) other responsible groups. Notwithstanding the above, any guests who occupies the Property in a manner that disrupts the residential character of the neighborhood, may be held legally liable for any violations or citations, including payment of any fines or penalties incurred as a result of a Guest’s stay, or resulting from any disruptive behavior.

18. Hurricane Policy

This Property is located in Florida, where Hurricanes are a common seasonal occurrence. As such, Owner does not offer refunds or rescheduling of trips due to hurricane activity. If you are concerned about possible interruptions, cancellation, or delayed travel due to tropical occurrences, you are strongly encouraged to book on dates where Hurricane are not likely to occur. Hurricane season is between the month of June and the end of November.

19. Indemnification

The Guest shall not do or permit any act or thing to be done upon the Property which may subject Owner to any liability or responsibility for injury, damages to persons or property or to any liability by reason of any violation of any laws, rules, ordinances, regulations, statutes, requirements, restrictions, and codes affecting the rental premises or any portion thereof or affecting the maintenance, use of occupation of the Property or any portion thereof.

The Guest shall exercise such control over the Property as to fully protect Owner against any such liability. The Guest shall indemnify and save Owner, and Owner’s respective successors, assigns, employees, affiliates and agents (“Indemnitees”), from and against (i) all claims of whatever nature against the indemnitees arising from any act, omission or negligence of the Guest, its contractors, licensees, agents, servants, employees, invitees, or visitors; (ii) all claims against the indemnitees arising from any accident, injury, or damage whatsoever caused to any person or to the property of any person and occurring during the term in or about the rental premises; (iii) all claims against the indemnitees arising from any accident, injury or damage occurring outside of the rental premises but anywhere within or about the real property of which the Property is a part, where such accident, injury or damage results or is claimed to have resulted from an act, omission, or negligence of the Guest or Guest’s contractors, licensees, agents, servants, employees, invitees, or visitors; and (iv) any breach, violation or non-performance of any covenant, condition or agreement in this lease agreement set forth and contained on the part of the Guest to be fulfilled, kept, observed and performed. This indemnity and hold harmless agreement shall include indemnity from and against any and all liability, fines, suits, demands, costs and expenses of any kind or nature (including and without limitation, reasonable attorney’s fees and disbursements) incurred in or in connection with any such claim or proceeding brought thereon, and the defense thereof. Indemnitees’ liability shall be limited to the extent of any insurance proceeds collectible by Indemnitees under policies owned by Owner or such injured party with respect to such damage or injury.

22. Short-Term Vacation Rental - No Lease

This Agreement is for temporary use of a vacation rental property for temporary vacation stay. THIS AGREEMENT IS NOT A LEASE AND CONVEYS NO RIGHTS IN REAL PROPERTY. By agreeing to the Terms & Conditions, Guest stipulates, acknowledges, and agrees that Guest has not and will not receive a real property interest in, or rights to, the vacation rental Property.

21. GENERAL

21.1. Assignment. Guest shall not assign or transfer this Agreement, or any rights or obligations hereunder, under no circumstances whatsoever. This Agreement shall be binding upon, and enforceable by, and shall inure to the benefit of the Parties hereto and their respective successors and permitted assigns. To be clear, NO ASSIGNMENT AND NO SUB-LETTING IS PERMITTED.

21.2. Governing Law. The validity, construction, and effect of this Agreement and the respective rights and obligations of the Parties hereunder shall be governed by and determined in accordance with the laws of the State of Florida and all rights and remedies shall be governed by such laws without regard to principles of conflicts of laws. The Parties agree to submit to the jurisdiction of the federal or state courts sitting in Florida in connection with any claims or controversy arising out of this Agreement and that venue for such actions shall be within the State of Florida.

21.3. Attorney’s Fees And Costs. If any action or proceeding arising out of or relating to this Agreement is commenced, the prevailing Party shall be entitled to its reasonable attorney’s fees and costs, including expenses and fees associated with the enforcement or collection of any judgment.

21.4. Severability. In the event any one or more of the provisions of this Agreement is invalid or otherwise unenforceable, the enforceability of remaining provisions shall be unimpaired.

21.5. Force Majeure. Subject to the obligations set forth in Section 3.2. and Section 18 and without waiving same, no delay, failure, or default will constitute a breach of this Agreement to the extent caused by acts of war, terrorism, earthquakes, other acts of God or of nature, strikes or other labor disputes, riots or other acts of civil disorder, embargoes, act of Governmental Authority and/or state of emergency, or other causes beyond the performing party’s reasonable control.

21.6. Complete Agreement. This Agreement and the exhibits attached hereto (which are incorporated herein by reference as though fully set forth herein), constitute the entire agreement between the Parties with respect to the subject matter and supersedes any prior or inconsistent agreements, negotiations, representations and promises, written or oral.

EXHIBIT A

WAIVER AND RELEASE OF LIABILITY FOR FIRE PIT USE

In consideration of the use of the Property’s Fire Pit, and in order for me to participate in any activities with its use, I agree as follows:

I am the guest who made the reservation for this Property rental (“Principal Guest”). I, for myself and guests and/or invitees associated with my use of the Property (“Guests”), waive and release the Owner, Owner’s respective successors, assigns, employees, affiliates and agents and agree to hold the Owner, Owner’s respective successors, assigns, employees, affiliates and agents harmless as to any and all claims, demands, causes of action, lawsuit, losses, injuries and liabilities arising out of or in any manner related to or in connection with the fire pits, except where solely due to the gross negligence and/or willful act or omission of the Owner. This Waiver and Release includes, but is not limited to, claims such as for personal/bodily injury, death and damage to or destruction of property. The Principal Guest acknowledges that the fire pits involve risks including but not limited to personal injury, death, property damage and the like. The Principal Guest shall be responsible for the conduct of all persons who use the fire pits and assumes any and all risks associated with the fire pits, including negligent and/or intentional acts or omissions by any person inside the Property.

I HAVE READ THE WAIVER AND RELEASE AND AGREE IT IS MY INTENTION TO EXEMPT AND RELIEVE OWNER FROM LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY NEGLIGENCE OR ANY OTHER CAUSE.

EXHIBIT B

WAIVER AND RELEASE OF LIABILITY FOR USE OF PADDLEBOARDS

In consideration of the use of the Property’s Paddleboards, and in order for me to participate in any activities with its use, I agree as follows:

I fully understand and acknowledge that: (a) outdoor recreational activities have inherent risks, dangers, and hazards and such exist in my use of water equipment such as a Paddleboards, (b) my participation in such activities and/or use of the Paddleboards 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; (c) these risks and dangers may be caused by the negligence of the Paddleboards’ owners, employees, officers or agents or the negligence of participants, forces of nature or other causes. Risks and dangers may arise from foreseeable or unforeseeable causes including, but not limited to, weather or risk of falling out of or drowning while Paddleboarding and such other risks, hazards and dangers that are integral to recreational water activities that take place in a body of water.

By my participation in this activity and/or use of the Paddleboards, I hereby assume all risks and dangers and all responsibility for any loses and/or damages, whether caused in whole or in part by the negligence or other conduct of the owners, agents, officers, or employees of Property Owner, or by any other person including myself. I also verify that I am in good health, will not use the Paddleboards under the influence of any drugs or alcohol of any kind, and am capable of Paddleboarding safely, and that my participation in this activity is voluntary. I also agree to wear, at all times during the use of the Paddleboards, a properly secured U.S. Coast Guard approved personal floatation device, of type 3 or better.

I, on behalf of myself, my personal representatives and my heirs, hereby voluntarily agree to release, discharge, hold harmless, defend and indemnify Property Owner and Owner’s respective successors, assigns, employees, affiliates and agents, 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 the Paddleboards. I specifically understand that I am releasing, discharging, and waiving any claims or actions that I may have at present time or in the future for the negligent acts or other conduct by the Owner, Owner’s respective successors, assigns, employees, affiliates and agents.

I HAVE READ THE WAIVER AND RELEASE AND AGREE IT IS MY INTENTION TO EXEMPT AND RELIEVE OWNER FROM LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY NEGLIGENCE OR ANY OTHER CAUSE.

 

TERMS AND CONDITIONS

 

The following Terms and Conditions constitute a legally binding agreement between Guest and Brampton Park Rentals, Inc. (“Brampton Park”) that governs the vacation rental Guest made through Brampton Park. Guest agrees as follows:

 

  1. Minimum age of 30yrs old for the primary Renter;

 

  1. MAXIMUM OCCUPANCY: The property You are renting (the “Premises”) may not be occupied by more than two (2) persons per bedroom at any onetime.  There shall be no more cars on the Premises than there are bedrooms.

 

  1. CHECK IN:  Check in is at 4:00 p.m. Eastern Standard Time on the first date of Guest’s reservation and check out time is 11:00 a.m. Eastern Standard Time on the final date of Guest’s reservation, unless otherwise agreed in writing by Brampton Park.

 

  1. ADULT SUPERVISION REQUIRED:  All persons under the age of eighteen (18) will be under adult supervision at all times while on the Premises.  All primary renters of the Property must be thirty (30) years or older.

 

  1. USE OF PREMISES:  Guest’s use of the Premises is limited to short term vacation rental for residential and private activities, which shall not disturb the peace and quiet enjoyment of the surrounding community and residents. The following activities are strictly prohibited:

      -         Use of the Premises for any kind of trade or business purpose;

      -         Use of the Premises for any type of illegal activity whatsoever; and

      -         Storage or handling on the Premises of any items considered dangerous, highly dangerous, or hazardous including, but not limited to, combustible or explosive items, materials with such characteristics, or materials which could unreasonably raise the probability, risk or danger of a fire.

In the event that any of the strictly prohibited activities described above are highly suspected or witnessed by neighbours, local police, or security personnel, Brampton Park may, in its sole discretion, terminate Guest’s rental and require You and any persons associated with You to leave the Premises immediately and permanently. If Guest’s rental is terminated, Guest will remain responsible for all fees associated with Guest’s rental, including, but not limited to, all rental fees and the security deposit.

Guest shall not conduct any illegal activity on the premises.  Such illegal activity will be deemed a default and breach of this Agreement. 

All persons under the age of eighteen (18) will be under adult supervision at all times while on the premises.

 

  1. CREDIT CARD PAYMENTS: All payments are non-refundable. Guest herein acknowledges and agrees that the Brampton Park’s acceptance of credit card payments is a convenience to the Guest and may be rejected at the Brampton Park’s sole discretion.  THE GUEST HEREIN AGREES THAT ALL CREDIT CARD CHARGES MADE RELATING TO THIS AGREEMENT ARE FULLY AUTHORIZED BY THE GUEST AND CARDHOLDER. GUEST HEREIN AGREES THAT HE/SHE SHALL NOT DISPUTE ANY CREDIT CARD CHARGE AND WILL NOT REQUEST OR CAUSE A CHARGE BACK OF ANY CREDIT CARD CHARGE RELATING TO THIS AGREEMENT.

 

  1. QUIET ENJOYMENT:  The Guest’s use of the Premises shall not disturb the peace and quiet enjoyment of the surrounding community and residents. Moreover, Guest shall not use the Premises for any illegal or dangerous activities. Brampton Park may, in its sole discretion, terminate Guest’s rental and require Guest and any persons associated with Guest to leave the Premises immediately and permanently, if it believes that Guest or any persons associated with Guest are disturbing the peace and quiet enjoyment of the surrounding community and/or using the Premises for illegal or dangerous purposes.  Any violation of this provision by Guest or its invitees, whether reported by neighbors, addressed by local law enforcement, or detected by neighbourhood security personnel, shall be grounds for immediate termination of the Rental Period without refund or rental adjustment.

 

  1. MAINTENANCE OF PREMISES: Guest shall maintain the Premises in good and clean condition, including, but not limited to, proper garbage disposal, throughout the Rental Period. Guest shall use all appliances, equipment and fixtures (including, but not limited to, furniture) with reasonable care and diligence.  In the event of an equipment or appliance malfunction on the Premises, Brampton Park will use its best efforts to expedite repairs.  If an equipment malfunction renders the Premises unsuitable for the Guest’s use, in the sole discretion of the Brampton Park, Brampton Park will use its best efforts to accommodate the Guest at a different property. Guest shall immediately notify Brampton Park of any necessary maintenance, repair, water leak, plumbing, or pest control issue of the Premises. No rent adjustment shall be made for the malfunction or loss of use of equipment or amenities or other maintenance, repair or pest control issue. In the event the Premises is deemed uninhabitable by Brampton Park or qualified third-party, or Guest is ordered to evacuate the Premises due to governmental order, Brampton Park shall refund Guest for any unused portion of rent. Brampton Park shall not be responsible for planning for Guest’s alternative accommodations.

 

 

  1. “AS-IS”:   Guest acknowledges that they have fully inspected the Premises, including all appliances, equipment and fixtures, and acknowledges that the Premises are in a reasonable, good and working order and are acceptable for their intended use.  Guest is renting the Premises in “as-is” condition with no warranties or promises express or implied. Guest will notify Brampton Park immediately of any maintenance, repair or pest control issue on the Premises. Brampton Park will use its best efforts to remedy any issues of which it receives notice, but will not provide any refund or rent adjustment for any loss of or impact on use (including, but not limited to, any loss of use of any television or kitchen appliance).

 

  1. DAMAGE TO PREMISES:   In the event Guest or any person associated with Guest causes any damage to the Premises, Brampton Park may, at its option, carry out any necessary repairs and Guest will pay any associated costs on demand. In the event that a major repair to the Premises must be made that will necessitate Guest vacating the Premises, Brampton Park may, at its option, terminate Guest’s rental and require Guest to vacate the premises. If Guest’s rental is terminated, Guest will hold Brampton Park, the owner of the Premises, and any agents or persons associated with either Brampton Park or the owner of the Premises harmless for any damages suffered. Any refund shall be limited to amount of unused rental and Guest shall not be entitled to reimbursement of any further costs and no other damages may be assessed.

 

  1. RIGHT OF ENTRY:  Brampton Park and its agents have an immediate right of entry on the Premises in cases of emergency or to protect or preserve the Premises. Any authorized Brampton Park employee, agent or repairman may enter the premises during customary business hours for any purpose related to the repair, care, improvement and management of the Premises upon providing reasonable notice. No notice is required in case of an emergency. Altering or adding locks to any means of ingress or egress to the Premises is strictly prohibited.

 

 

  1. PERSONAL PROPERTY: Guest maintain personal property on the Premises at Guest’s own risk.  Brampton Park is not responsible at any time for any items left on the Premises and is not responsible or liable for any of Guest’s personal property on the Premises at any time. Neither Brampton Park, nor the owner of the Premises, nor any of their agents or associated parties shall be liable for any damage or injury to any property or person caused by or resulting from steam, electricity, gas, water, criminal acts, acts of negligence, rain, ice or snow, any leak or flow from or into any part of the Premises, or from any damage or injury resulting or arising from any other cause whatsoever, whether relating to occurrence inside or in the immediate area adjacent to the Premises and/or Premises’ common areas.  Guest assumes all risk to its personal property associated with use of the Premises.

 

  1. UTILITIES AND SERVICES:  Brampton Park shall be responsible for Water, Sewer, Electricity and Telephone in connection with the Premises and any other utilities or services not specifically assumed by the Guest. Propane grill is available for guest usage and must not be used within 10ft of the building.

 

 

  1. RULES AND REGULATIONS:  Guest and its invitees shall abide by all rules, regulations, and policies of any homeowners’ association, recreational association or condominium association, as applicable regarding the Premises or Property.  Guest and its invitees shall abide and comply with all laws, orders, rules, requests and directives of all municipalities, governmental authorities, law enforcement agencies,  Brampton Park’s insurers, and similar authorities and agencies.  Notices received by Guest from any authority or entity must be promptly delivered to Brampton Park. 

 

  1. REMODELING / ALTERATIONS:  Guest is prohibited from engaging in any painting, construction, altering, or remodelling of the Premises.  The Guest will not remodel or make any structural changes, alterations, additions, or decorations to the Premises; will not affix wallpaper, paint, or permanently decorate walls or fixtures; will not install, attach, remove, or exchange appliances or equipment; and will not change the existing locks of the Premises, without the prior consent of the Brampton Park.  Guest will not remove or replace any fixtures, equipment, furnishings, decorations, or window treatments.

 

  1. PEST CONTROL: Brampton Park will use its best efforts to address pest control concerns but will not reduce the Total Rent Amount due to the presence of pests or in the event of untimely service by pest control companies.

 

  1. SMOKING: Smoking is prohibited on the Premises, except in a designated outdoor area, if any.  Guests shall not smoke, or permit anyone to smoke or vape on the Premises.  Smoking shall include the inhaling, exhaling, breathing, carrying, vaping, or possession of any lighted cigarette, cigar, pipe, or other product or substance, or other similar lighted product, including electronic cigarettes.  Any evidence of smoking detected by Brampton Park, at its sole discretion, including but not limited to the presence of smoke odor, ashes, smoking materials, or burns found on the Premises constitute a violation of this no smoking policy.  A violation of this policy will result in termination of this Agreement, forfeiture of the Total Rent paid and/or Security Deposit, plus the assessment of additional cleaning fees. The foregoing rule notwithstanding, the Brampton Park may designate an outdoor area for smoking, provided the designated area is located outside of and away from, any building or other location where second-hand smoke might drift back into the building.  Guest acknowledges that the designated smoking area, if any, may change or be eliminated without notice and at the Brampton Parks’ sole discretion. Ashes and burns found on the Premises constitute a violation of this no smoking policy.

 

  1. SWIMMING:   Guest assumes any and all risks associated with any swimming pool or other body of water located on or in the vicinity of the Premises. Neither Brampton Park, nor the owner of the Premises, nor any of their agents or associated parties shall be liable for any damage or injury to anyone caused by a swimming pool or other body of water located on or in the vicinity of the Premises. Guest acknowledges that there is no lifeguard on duty, no lifesaving equipment, and no pool alarm on the Premises at any time, and that Guest is responsible for all persons accessing any pool or any other body of water on the PremisesGUEST ASSUMES FULL RESPONSIBILITY AND LIABILITY FOR GUEST’S OWN AND GUEST’S INVITEES’ USE OF THE PREMISES, BODY OF WATER, POOL AND/OR SPA.

 

  1. ANIMALS:   No animals are allowed on the Premises for any reason without written approval of Brampton Park and payment of a $250.00 fee per animal. In the event that Guest brings an animal onto the Premises without written permission of Brampton Park, Guest shall be required to vacate the Premises immediately and shall forfeit all fees associated with Guest’s rental from Brampton Park, including the entire rental amount and the security deposit. Guest shall also be liable for any damage caused by any animals on the Premises.

 

  1. ASSIGNABILITY/SUBLETTING:   Guest may not assign or sublet any interest in the Premises, nor assign, mortgage, or pledge this.  The Guest is not permitted to let, rent short-term; or otherwise assign rights to a third party regarding the Property pursuant to services including, but not limited to, Bed and Breakfast services, Air B&B, Craigslist, and/or VRBO.

 

  1. GUEST OBLIGATIONS UPON EXPIRATION OF THE AGREEMENT:    On the date Guest’s rental expires, Guest shall turn in all keys, and leave the Premises in good, clean condition, free of property damage, excluding ordinary wear and tear. Guest’s obligation to observe and perform the covenants contained in these Terms and Conditions shall survive the end of Guest’s rental period. Any damage to the property resulting from the negligent use of the Premises, improvements thereon and/or any appliances and fixtures shall be Guest’s financial responsibility.

 

  1. SECURITY DEPOSIT RETURN:  If Brampton Park determines, in its sole discretion, that the Premises have been returned in satisfactory condition, Guest’s security deposit shall be returned within thirty (30) days after the Premises have been vacated. Any and all fees associated with damage to the Premises caused by you, as determined by Brampton Park in its sole discretion, shall be deducted directly from the security deposit. Fees in excess of the amount of the security deposit shall be billed to You, and payment will be due to Brampton Park within thirty (30) days of Guest’s receipt of an invoice.

 

  1. CANCELLATION: All payments are non-refundable. Cancellations shall be made in writing to Brampton Park via certified or overnight mail and become effective upon receipt.  Should Guest cancel Guest’s reservation within sixty (60) days of the start date of the Rental Period, Guest remain responsible for the Total Rental Amount, unless otherwise stated in writing by Brampton Park.

 

  1. RETURNED CHECKS: Florida law provides a 5% service fee on all returned checks, with a minimum $50 handling charge for any checks returned for any reason.  If for any reason it becomes necessary for Brampton Park to initiate litigation to enforce these terms and conditions, the guest shall be liable for all costs of such suit, including reasonable attorney’s fees.

 

  1. DEFAULT: In the event of non-payment of any required rental payment as or in the event of any breach of any of the conditions, stipulations, promises or covenants as set forth in the Agreement, Guest’s right of possession of the Premises shall terminate with or without notice or demand and the retention or possession thereafter by Guest shall constitute an unlawful detainer of the Premises. In such event, Guest shall become a guest at sufferance, thereby waiving all rights of notice to vacate the Premises and Brampton Park shall be entitled to re-enter and re-take possession immediately of the Premises with or without legal proceedings. All sums of money or charges required to be paid by Guest under this Agreement shall be additional rent, whether or not such sums or charges are designated as “additional rent”.  The rights provided by this paragraph are cumulative in nature and are in addition to any other rights afforded by law.

 

  1. MECHANIC’S LIENS: Neither Guest nor anyone claiming through Guest shall have the right to file or serve a Notice to Owner, mechanic’s lien, or any other kind of lien or encumbrance relating to the Premises.  Further, Guest agrees to:  (i) give actual advance notice to any contractors, subcontractors or suppliers of goods, labor or services that such notices or liens will not be valid; and (ii) take whatever additional steps that are necessary in order to keep the premises free from all liens resulting from construction done by or for the Guest.

 

  1. CONDEMNATION AND ACTS OF GOD: If for any reason the Premises are condemned by any governmental authority, or destroyed or rendered uninhabitable or otherwise unusable, as determined by Brampton Park in its sole discretion, through fire, act of God, nature including, but not limited to, storm or hurricane, accident, or pandemic, the Rental Agreement shall cease and terminate as of the date of such event. Guest hereby waive all claims against Brampton Park and any of its agents for any damages suffered because of any such event. Guest further agrees to immediately vacate the Premises, if requested by Brampton Park, for reason of an approaching hurricane, or declaration of hurricane watch or warning relating to the Premises. Any refund shall be limited to amount of unused rental and Guest shall not be entitled to reimbursement of any further costs.

 

  1. INDEMNIFICATION: Guest hereby agree to indemnify and hold harmless Brampton Park, its agents or Owner(s) of the Premises  from and against any and all liability for personal injury, property damage or other loss, cost, liability expense, penalty, fine, damage or claim (including attorneys’ fees and disbursements) in connection with or arising from: (a) the use, occupancy, or manner of use or occupancy, of Guest or Guest’s agents or invitees; or (b) any acts or omission of any invitee in or about the Premises.  If any action or proceeding is brought against Brampton Park, its agents or Owner(s) of the Premises by one or more of Guest’s invitees, Guest shall cause such action or proceeding to be defended at Guest’s expense by counsel satisfactory to Brampton Park, its agents or Owner(s) of the Premises.

 

  1. ATTORNEY’S FEES: In the event any dispute arises under the Rental Agreement between Guest and Brampton Park, its agents or Owner(s) of the Premises, the prevailing party in such litigation shall be entitled to collect reasonable costs and attorney’s fees, at trial and on appeal. Venue shall be Palm Beach County; Florida and the Agreement shall be governed by the laws of the State of Florida.

 

  1. NOTICE:  Unless expressly provided otherwise herein, any notice, demand, consent, approval, request, statement, document or other communication required or permitted to be given hereunder shall be in writing and shall be sent by either: (i) email, or (ii) personal delivery with evidence of receipt, or (iii) a nationally recognized overnight courier service, in each case addressed to Brampton Park or Guest as Guest, as applicable, at such address(es) as either party may notify the other pursuant to a notice delivered in accordance with the terms of this Paragraph. Delivery of each notice shall be deemed made on the date delivery is made (or, if applicable, on the date that delivery is refused).

 

  1. SEASONAL RENTAL: Guest’s rental is seasonal and temporary in nature. This Agreement relates to the short-term Vacation Rental as that terms is defined by Florida Statute § 509.242.  Accordingly, the Rental Agreement is not subject to the provisions of. § 83, Florida Statutes. This Agreement is not a lease.

 

  1. BINDING AGREEMENT: Guest acknowledges there is no rescission or cancellation period once the Agreement is signed.

 

  1. ENTIRE AGREEMENT:  This agreement contains the entire agreement between Brampton Park and Guest relating to use of the Premises and supersedes all prior or contemporaneous oral and written discussions, negotiations and agreements relating thereto. 

 

  1. JOINT AND SEVERAL OBLIGATIONS: If more than one individual, firm or corporation shall join as Guest, the covenants of Guest shall be the joint and several obligations of each party signing as Guest, and when  the parties signing as Guest are partners, the covenants shall be the obligation of the firm and of the individual members thereof.

 

  1. GOVERNING LAW:   This Agreement shall be construed in accordance with the laws of the State of Florida.  The Guest herein agree to submit themselves to the jurisdiction and venue in the circuit courts of Palm Beach County, Florida.

 

 

 

TERMS AND CONDITIONS

 

The following Terms and Conditions constitute a legally binding agreement between Guest and Brampton Park Rentals, Inc. (“Brampton Park”) that governs the vacation rental Guest made through Brampton Park. Guest agrees as follows:

 

NOTE: For all reservations we will require a govt ID. Please be aware that the minimum age to rent our homes is 30 years old. The person making the reservation must be traveling and present at check in. We will not accept reservations that do not meet this criteria.

 

1.MAXIMUM OCCUPANCY: The property You are renting (the “Premises”) may not be occupied by more than two (2) persons per bedroom at any onetime, unless the bedroom is specifically designed to sleep 3, or 4 people.  There shall be no more cars on the Premises than there are bedrooms.

 

2.     CHECK IN:  Check in is at 4:00 p.m. Eastern Standard Time on the first date of Guest’s reservation and check out time is 11:00 a.m. Eastern Standard Time on the final date of Guest’s reservation, unless otherwise agreed in writing by Brampton Park.

 

3.     ADULT SUPERVISION REQUIRED:  All persons under the age of eighteen (18) will be under adult supervision at all times while on the Premises. 

 

4.     USE OF PREMISES:  Guest’s use of the Premises is limited to short term vacation rental for residential and private activities, which shall not disturb the peace and quiet enjoyment of the surrounding community and residents. The following activities are strictly prohibited:

      -         Use of the Premises for any kind of trade or business purpose;

      -         Use of the Premises for any type of illegal activity whatsoever; and

      -         Storage or handling on the Premises of any items considered dangerous, highly dangerous, or hazardous including, but not limited to, combustible or explosive items, materials with such characteristics, or materials which could unreasonably raise the probability, risk or danger of a fire.

In the event that any of the strictly prohibited activities described above are highly suspected or witnessed by neighbors, local police, or security personnel, Brampton Park may, in its sole discretion, terminate Guest’s rental and require You and any persons associated with You to leave the Premises immediately and permanently. If Guest’s rental is terminated, Guest will remain responsible for all fees associated with Guest’s rental, including, but not limited to, all rental fees and the security deposit.

Guest shall not conduct any illegal activity on the premises.  Such illegal activity will be deemed a default and breach of this Agreement. 

All persons under the age of eighteen (18) will be under adult supervision at all times while on the premises.

 

5.            CREDIT CARD PAYMENTS: All payments are non-refundable. Guest herein acknowledges and agrees that the Brampton Park’s acceptance of credit card payments is a convenience to the Guest and may be rejected at the Brampton Park’s sole discretion.  THE GUEST HEREIN AGREES THAT ALL CREDIT CARD CHARGES MADE RELATING TO THIS AGREEMENT ARE FULLY AUTHORIZED BY THE GUEST AND CARDHOLDER. GUEST HEREIN AGREES THAT HE/SHE SHALL NOT DISPUTE ANY CREDIT CARD CHARGE AND WILL NOT REQUEST OR CAUSE A CHARGE BACK OF ANY CREDIT CARD CHARGE RELATING TO THIS AGREEMENT.

 

6.            QUIET ENJOYMENT:  The Guest’s use of the Premises shall not disturb the peace and quiet enjoyment of the surrounding community and residents. Moreover, Guest shall not use the Premises for any illegal or dangerous activities. Brampton Park may, in its sole discretion, terminate Guest’s rental and require Guest and any persons associated with Guest to leave the Premises immediately and permanently, if it believes that Guest or any persons associated with Guest are disturbing the peace and quiet enjoyment of the surrounding community and/or using the Premises for illegal or dangerous purposes.  Any violation of this provision by Guest or its invitees, whether reported by neighbors, addressed by local law enforcement, or detected by neighborhood security personnel, shall be grounds for immediate termination of the Rental Period without refund or rental adjustment.

 

7.            MAINTENANCE OF PREMISES: Guest shall maintain the Premises in good and clean condition, including, but not limited to, proper garbage disposal, throughout the Rental Period. Guest shall use all appliances, equipment and fixtures (including, but not limited to, furniture) with reasonable care and diligence.  In the event of an equipment or appliance malfunction on the Premises, Brampton Park will use its best efforts to expedite repairs.  If an equipment malfunction renders the Premises unsuitable for the Guest’s use, in the sole discretion of the Brampton Park, Brampton Park will use its best efforts to accommodate the Guest at a different property. Guest shall immediately notify Brampton Park of any necessary maintenance, repair, water leak, plumbing, or pest control issue of the Premises. No rent adjustment shall be made for the malfunction or loss of use of equipment or amenities or other maintenance, repair or pest control issue. In the event the Premises is deemed uninhabitable by Brampton Park or qualified third-party, or Guest is ordered to evacuate the Premises due to governmental order, Brampton Park shall refund Guest for any unused portion of rent. Brampton Park shall not be responsible for planning for Guest’s alternative accommodations.

 

 

8.            “AS-IS”:   Guest acknowledges that they have fully inspected the Premises, including all appliances, equipment and fixtures, and acknowledges that the Premises are in a reasonable, good and working order and are acceptable for their intended use.  Guest is renting the Premises in “as-is” condition with no warranties or promises express or implied. Guest will notify Brampton Park immediately of any maintenance, repair or pest control issue on the Premises. Brampton Park will use its best efforts to remedy any issues of which it receives notice, but will not provide any refund or rent adjustment for any loss of or impact on use (including, but not limited to, any loss of use of any television or kitchen appliance).

 

9.            DAMAGE TO PREMISES:   In the event Guest or any person associated with Guest causes any damage to the Premises, Brampton Park may, at its option, carry out any necessary repairs and Guest will pay any associated costs on demand. In the event that a major repair to the Premises must be made that will necessitate Guest vacating the Premises, Brampton Park may, at its option, terminate Guest’s rental and require Guest to vacate the premises. If Guest’s rental is terminated, Guest will hold Brampton Park, the owner of the Premises, and any agents or persons associated with either Brampton Park or the owner of the Premises harmless for any damages suffered. Any refund shall be limited to amount of unused rental and Guest shall not be entitled to reimbursement of any further costs and no other damages may be assessed.

 

10.          RIGHT OF ENTRY:  Brampton Park and its agents have an immediate right of entry on the Premises in cases of emergency or to protect or preserve the Premises. Any authorized Brampton Park employee, agent or repairman may enter the premises during customary business hours for any purpose related to the repair, care, improvement and management of the Premises upon providing reasonable notice. No notice is required in case of an emergency. Altering or adding locks to any means of ingress or egress to the Premises is strictly prohibited.

 

 

11.          PERSONAL PROPERTY: Guest maintain personal property on the Premises at Guest’s own risk.  Brampton Park is not responsible at any time for any items left on the Premises and is not responsible or liable for any of Guest’s personal property on the Premises at any time. Neither Brampton Park, nor the owner of the Premises, nor any of their agents or associated parties shall be liable for any damage or injury to any property or person caused by or resulting from steam, electricity, gas, water, criminal acts, acts of negligence, rain, ice or snow, any leak or flow from or into any part of the Premises, or from any damage or injury resulting or arising from any other cause whatsoever, whether relating to occurrence inside or in the immediate area adjacent to the Premises and/or Premises’ common areas.  Guest assumes all risk to its personal property associated with use of the Premises.

 

  1. UTILITIES AND SERVICES:  Brampton Park shall be responsible for Water, Sewer, Electricity and Telephone in connection with the Premises and any other utilities or services not specifically assumed by the Guest.

 

13.       RULES AND REGULATIONS:  Guest and its invitees shall abide by all rules, regulations, and policies of any homeowners’ association, recreational association or condominium association, as applicable regarding the Premises or Property.  Guest and its invitees shall abide and comply with all laws, orders, rules, requests and directives of all municipalities, governmental authorities, law enforcement agencies, Brampton Park’s insurers, and similar authorities and agencies.  Notices received by Guest from any authority or entity must be promptly delivered to Brampton Park. 

 

14.       REMODELING / ALTERATIONS:  Guest is prohibited from engaging in any painting, construction, altering, or remodeling of the Premises.  The Guest will not remodel or make any structural changes, alterations, additions, or decorations to the Premises; will not affix wallpaper, paint, or permanently decorate walls or fixtures; will not install, attach, remove, or exchange appliances or equipment; and will not change the existing locks of the Premises, without the prior consent of the Brampton Park.  Guest will not remove or replace any fixtures, equipment, furnishings, decorations, or window treatments.

 

15.       PEST CONTROL: Brampton Park will use its best efforts to address pest control concerns but will not reduce the Total Rent Amount due to the presence of pests or in the event of untimely service by pest control companies.

 

16.       SMOKING: Smoking is prohibited on the Premises, except in a designated outdoor area, if any.  Guests shall not smoke, or permit anyone to smoke or vape on the Premises.  Smoking shall include the inhaling, exhaling, breathing, carrying, vaping, or possession of any lighted cigarette, cigar, pipe, or other product or substance, or other similar lighted product, including electronic cigarettes.  Any evidence of smoking detected by Brampton Park, at its sole discretion, including but not limited to the presence of smoke odor, ashes, smoking materials, or burns found on the Premises constitute a violation of this no smoking policy.  A violation of this policy will result in termination of this Agreement, forfeiture of the Total Rent paid and/or Security Deposit, plus the assessment of additional cleaning fees. The foregoing rule notwithstanding, the Brampton Park may designate an outdoor area for smoking, provided the designated area is located outside of and away from, any building or other location where second-hand smoke might drift back into the building.  Guest acknowledges that the designated smoking area, if any, may change or be eliminated without notice and at the Brampton Parks’ sole discretion. Ashes and burns found on the Premises constitute a violation of this no smoking policy.

 

17.       SWIMMING:   Guest assumes any and all risks associated with any swimming pool or other body of water located on or in the vicinity of the Premises. Neither Brampton Park, nor the owner of the Premises, nor any of their agents or associated parties shall be liable for any damage or injury to anyone caused by a swimming pool or other body of water located on or in the vicinity of the Premises. Guest acknowledges that there is no lifeguard on duty, no lifesaving equipment, and no pool alarm on the Premises at any time, and that Guest is responsible for all persons accessing any pool or any other body of water on the Premises.  GUEST ASSUMES FULL RESPONSIBILITY AND LIABILITY FOR GUEST’S OWN AND GUEST’S INVITEES’ USE OF THE PREMISES, BODY OF WATER, POOL AND/OR SPA.

 

18.       ANIMALS:   No animals are allowed on the Premises for any reason without written approval of Brampton Park and payment of a $250.00 fee per animal. In the event that Guest brings an animal onto the Premises without written permission of Brampton Park, Guest shall be required to vacate the Premises immediately and shall forfeit all fees associated with Guest’s rental from Brampton Park, including the entire rental amount and the security deposit. Guest shall also be liable for any damage caused by any animals on the Premises.

 

19.       ASSIGNABILITY/SUBLETTING:   Guest may not assign or sublet any interest in the Premises, nor assign, mortgage, or pledge this.  The Guest is not permitted to let, rent short-term; or otherwise assign rights to a third party regarding the Property pursuant to services including, but not limited to, Bed and Breakfast services, Air B&B, Craigslist, and/or VRBO.

 

20.       GUEST OBLIGATIONS UPON EXPIRATION OF THE AGREEMENT:    On the date Guest’s rental expires, Guest shall turn in all keys, and leave the Premises in good, clean condition, free of property damage, excluding ordinary wear and tear. Guest’s obligation to observe and perform the covenants contained in these Terms and Conditions shall survive the end of Guest’s rental period. Any damage to the property resulting from the negligent use of the Premises, improvements thereon and/or any appliances and fixtures shall be Guest’s financial responsibility.

 

21.       SECURITY DEPOSIT RETURN:  If Brampton Park determines, in its sole discretion, that the Premises have been returned in satisfactory condition, Guest’s security deposit shall be returned within thirty (30) days after the Premises have been vacated. Any and all fees associated with damage to the Premises caused by you, as determined by Brampton Park in its sole discretion, shall be deducted directly from the security deposit. Fees in excess of the amount of the security deposit shall be billed to You, and payment will be due to Brampton Park within thirty (30) days of Guest’s receipt of an invoice.

 

22.       CANCELLATION: All payments are non-refundable. Cancellations shall be made in writing to Brampton Park via certified or overnight mail and become effective upon receipt.  Should Guest cancel Guest’s reservation within sixty (60) days of the start date of the Rental Period, Guest remain responsible for the Total Rental Amount, unless otherwise stated in writing by Brampton Park.

 

 

23.       RETURNED CHECKS: Florida law provides a 5% service fee on all returned checks, with a minimum $50 handling charge for any checks returned for any reason.  If for any reason it becomes necessary for Brampton Park to initiate litigation to enforce these terms and conditions, the guest shall be liable for all costs of such suit, including reasonable attorney’s fees.

 

24.       DEFAULT: In the event of non payment of any required rental payment as or in the event of any breach of any of the conditions, stipulations, promises or covenants as set forth in the Agreement, Guest’s right of possession of the Premises shall terminate with or without notice or demand and the retention or possession thereafter by Guest shall constitute an unlawful detainer of the Premises. In such event, Guest shall become a guest at sufferance, thereby waiving all rights of notice to vacate the Premises and Brampton Park shall be entitled to re-enter and re-take possession immediately of the Premises with or without legal proceedings. All sums of money or charges required to be paid by Guest under this Agreement shall be additional rent, whether or not such sums or charges are designated as “additional rent”.  The rights provided by this paragraph are cumulative in nature and are in addition to any other rights afforded by law.

 

25.       MECHANIC’S LIENS: Neither Guest nor anyone claiming through Guest shall have the right to file or serve a Notice to Owner, mechanic’s lien, or any other kind of lien or encumbrance relating to the Premises.  Further, Guest agrees to:  (i) give actual advance notice to any contractors, subcontractors or suppliers of goods, labor or services that such notices or liens will not be valid; and (ii) take whatever additional steps that are necessary in order to keep the premises free from all liens resulting from construction done by or for the Guest.

 

26.       CONDEMNATION AND ACTS OF GOD: If for any reason the Premises are condemned by any governmental authority, or destroyed or rendered uninhabitable or otherwise unusable, as determined by Brampton Park in its sole discretion, through fire, act of God, nature including, but not limited to, storm or hurricane, accident, or pandemic, the Rental Agreement shall cease and terminate as of the date of such event. Guest hereby waive all claims against Brampton Park and any of its agents for any damages suffered because of any such event. Guest further agrees to immediately vacate the Premises, if requested by Brampton Park, for reason of an approaching hurricane, or declaration of hurricane watch or warning relating to the Premises. Any refund shall be limited to amount of unused rental and Guest shall not be entitled to reimbursement of any further costs.

 

27.       INDEMNIFICATION: Guest hereby agree to indemnify and hold harmless Brampton Park, its agents or Owner(s) of the Premises  from and against any and all liability for personal injury, property damage or other loss, cost, liability expense, penalty, fine, damage or claim (including attorneys’ fees and disbursements) in connection with or arising from: (a) the use, occupancy, or manner of use or occupancy, of Guest or Guest’s agents or invitees; or (b) any acts or omission of any invitee in or about the Premises.  If any action or proceeding is brought against Brampton Park, its agents or Owner(s) of the Premises by one or more of Guest’s invitees, Guest shall cause such action or proceeding to be defended at Guest’s expense by counsel satisfactory to Brampton Park, its agents or Owner(s) of the Premises.

 

28.       ATTORNEY’S FEES: In the event any dispute arises under the Rental Agreement between Guest and Brampton Park, its agents or Owner(s) of the Premises, the prevailing party in such litigation shall be entitled to collect reasonable costs and attorney’s fees, at trial and on appeal. Venue shall be Palm Beach County; Florida and the Agreement shall be governed by the laws of the State of Florida.

 

29.       NOTICE:  Unless expressly provided otherwise herein, any notice, demand, consent, approval, request, statement, document or other communication required or permitted to be given hereunder shall be in writing and shall be sent by either: (i) email, or (ii) personal delivery with evidence of receipt, or (iii) a nationally recognized overnight courier service, in each case addressed to Brampton Park or Guest as Guest, as applicable, at such address(es) as either party may notify the other pursuant to a notice delivered in accordance with the terms of this Paragraph. Delivery of each notice shall be deemed made on the date delivery is made (or, if applicable, on the date that delivery is refused).

 

30.       SEASONAL RENTAL: Guest’s rental is seasonal and temporary in nature. This Agreement relates to the short-term Vacation Rental as that terms is defined by Florida Statute § 509.242.  Accordingly, the Rental Agreement is not subject to the provisions of. § 83, Florida Statutes. This Agreement is not a lease.

 

31.       BINDING AGREEMENT: Guest acknowledges there is no rescission or cancellation period once the Agreement is signed.

 

32.       ENTIRE AGREEMENT:  This agreement contains the entire agreement between Brampton Park and Guest relating to use of the Premises and supersedes all prior or contemporaneous oral and written discussions, negotiations and agreements relating thereto. 

 

33.       JOINT AND SEVERAL OBLIGATIONS: If more than one individual, firm or corporation shall join as Guest, the covenants of Guest shall be the joint and several obligations of each party signing as Guest, and when  the parties signing as Guest are partners, the covenants shall be the obligation of the firm and of the individual members thereof.

 

34.       GOVERNING LAW:   This Agreement shall be construed in accordance with the laws of the State of Florida.  The Guest herein agree to submit themselves to the jurisdiction and venue in the circuit courts of Palm Beach County, Florida.