THIS IS A VACATION RENTAL AGREEMENT UNDER THE NORTH CAROLINA VACATION RENTAL ACT. THE RIGHTS AND OBLIGATIONS OF THE PARTIES TO THIS AGREEMENT ARE DEFINED BY LAW AND INCLUDE UNIQUE PROVISIONS PERMITTING THE DISBURSEMENT OF RENT PRIOR TO TENANCY AND EXPEDITED EVICTION OF TENANTS. YOUR SIGNATURE ON THIS AGREEMENT, OR PAYMENT OF MONEY OR TAKING POSSESSION OF THE PROPERTY AFTER RECEIPT OF THE AGREEMENT, IS EVIDENCE OF YOUR ACCEPTANCE OF THE AGREEMENT AND YOUR INTENT TO USE THIS PROPERTY FOR A VACATION RENTAL.

This Vacation Rental Agreement (“Agreement”) is made and effective Jun 14, 2023 (“Agreement Date”) between Seas & Stays (“Owner and/or Manager”) and Susan Jones (“Tenant”) regarding the property known as PROPERTY NAME (“Rental Property”) which is located at:

PROPERTY ADDRESS

This Agreement applies to the Tenant’s stay at Rental Property from Jul 30, 2023 to Aug 5, 2023 but also applies to any other dates which may be included if the reservation is changed.

This Agreement applies to all members of the Tenant’s party no matter the age or affiliation. Tenant acknowledges that Tenant is responsible for sharing the renter agreement, and its requirements, with all members of the Tenant’s party and anyone else permitted onto the Rental Property by the Tenant.

In consideration of the rent received and the mutual promises contained herein, Owner of the Rental Property does hereby lease and rent to Tenant(s) such Rental Property under the following terms and conditions:

1. House Rules: Tenant agrees to abide by all rules and regulations contained herein or posted on the premises related to the Rental Property. Tenants 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 Tenant uses. Tenants agree not to use the premises for any commercial activities or purpose that violates any criminal law or governmental regulation. Tenant’s breach of any duty contained in this paragraph shall be considered material and shall result in the termination of tenant occupancy with no refund of any kind.
2. Payments: A payment of 50% is taken by Owner at the time of the booking. Any remaining balance must be paid 30 days prior to the arrival date, or this Agreement may be cancelled by the sole option of the Owner. An automatic credit/debit card payment for the remaining balance will be scheduled by the Owner to be made 30 days prior to the arrival date. The credit/debit card of the first payment is used if a credit/debit card was provided. If the automatic payment fails for any reason, it is the responsibility of the Tenant to make sure that the remaining balance is promptly paid in full, or the reservation will be canceled with no refund of payments made. All policies contained in this Agreement shall apply equally to payments made by credit/debit card or check and whether made via website, by phone or in person. Any refunds due to Tenants from a credit/debit card payment will be refunded by credit/debit card transaction; all other refunds will be made within 30 days by check.
3. Damages: Tenant is responsible for all damages to the Owner’s property caused by the Tenant, his or her family, guests, invitees, and any such person’s pets and vehicles. Tenant shall report any breakage or damages upon occurrence, regardless of cause. All rental properties are checked between tenant occupancies carefully by Owner’s cleaning and/or inspection crews for breakage or damage with all damages reported directly to Owner. Tenant agrees to promptly pay for all damages if Owner determines that the Tenant has damaged the Owner’s property.
4. Security Deposit: 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 Tenant’s credit/debit card for the amount of $300.00 exactly 1 day(s) prior to the arrival date. The credit/debit card of the last successful payment will be used. If there are no successful credit/debit card payments, it is the responsibility of the Tenant to send $300.00 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 3 days. In the event of any damages, Owner will provide Tenant with a full accounting of expenses incurred and deductions made from the Security Deposit. Should the damages exceed the amount of the Security Deposit, Tenant agrees to pay the balance within 3 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.
5. Funds Received: Tenant understands and agrees that advance payments up to 50% of the rental amount may be disbursed to Owner prior to occupancy. Monies received for insurances and other fees due Owner may be disbursed prior to occupancy. All monies received by Owner in connection with rental of Rental Property, including Security Deposit, are deposited in an interest-bearing trust account with interest payable to Owner.
6. Cancellations: If you wish to cancel your reservation after we have received your initial payment, your cancellation must be in writing. We will make every effort to re-rent the Rental Property, but if we are unable to do so, the full rental amount, including taxes and all applicable fees, is due and payable. If we re-rent the Rental Property at your same rental rate all monies you’ve paid (less a $200.00 cancellation fee, Travel Insurance, late fees, credit/debit card fees, and all applicable taxes) will be returned only if and when full payment is received for the new reservation. Tenant agrees to make all normally scheduled payments by the payment due date until the Rental Property is re-rented. Tenant understands and agrees that they may not assign this agreement to another party or sublet the Rental Property in whole or part. In order to re-rent the Rental Property, it may be necessary to reduce the rental rate. Owner reserves the right to reduce the rental rate for the sublease at its own discretion. Any reductions in the rental rate will reduce your refund.
7. Check-In: Check-in begins AFTER 5:00 PM on arrival day. Commercially reasonable efforts will be made to prepare Rental Property for occupancy as close to 5:00 PM as possible. We appreciate your patience as we ready the Rental Property for occupancy.
8. Check-Out: Tenant will vacate the Rental Property by 10:00 AM on departure day. A fee of up to 25% daily rental rate will be charged for all late check-outs. Tenant is responsible for washing dishes, taking out trash, emptying refrigerator, leaving the AC set on 73 degrees in the summer or heat set on 65 degrees in the winter, securing all doors and windows, and leaving the unit generally clean, damage-free and in good shape for our cleaning team. Any excessive cleaning or excessive trash removal as deemed by Owner will be billed to Tenant at a minimum fee of $125.00. Please ensure you’ve packed all your belongings before checking out, as we cannot be responsible for items left.
9. Occupancy: 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. In no event shall Tenants 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. Tenants hereby acknowledge and grant specific permission to Owner to enter premises at any time for inspection purposes should Owner reasonably believe that Tenants are causing or have caused any damage to Rental Property. Tenant further agrees to grant Owner access to Rental Property for purposes of maintenance and repair. If listed “For Sale”, Tenants agree to grant access by scheduled appointment upon notification.
10. Family Groups and Age Requirements: The Tenant must be 25 years of age or older. A family group is defined as immediate and extended family (parents, children, grandparents, and siblings). No fraternities, sororities, church, school, civic or other non-family groups are permitted. IDs shall be furnished upon request. Absolutely no house parties allowed. Violation of the above is grounds for immediate lease termination and/or eviction without refund of rent paid as this will be considered liquidated damages to cover losses, expenses, and damages of Owner and Agent for taking the Rental Property off the market.
11. Access Restrictions: Substantial portions of the ocean beaches of Hatteras Island are part of the Cape Hatteras National Seashore and under the jurisdiction of the National Park Service (NPS). Closures of ocean beaches and accesses by NPS, including but not limited to seasonal closures for wildlife protection, governmental shutdown, beach nourishment, or adverse conditions can occur. No refunds or relocations will be granted during such events. Boardwalks and docks, if damaged, may not be permitted by Coastal Area Management Act (CAMA) and/or National Park Service (NPS) regulations, to be repaired, rebuilt in the same configuration or even rebuilt at all. Photos may not accurately reflect the current design of beachfront steps, boardwalks, dune decks, boat docks, or boat slips.
12. Pets: Pets are not permitted on the Rental Property. Any pet(s) found in or about the Rental Property will be grounds for expedited eviction and forfeiture of all monies paid.
13. Non-Smoking/Vaping: Rental Property is designated as non-smoking/vaping. If our cleaning/inspection staff detects evidence of smoking/vaping, Tenant will be responsible for the entire cost of cleaning and deodorizing and hereby authorizes any such costs to be charged against the credit/debit card used to make any previous payments associated with this reservation. Non-smoking/vaping rules are strictly enforced.
14. Parking, Mobile Homes, Tents, RVs, and Campers: Boats, boat trailers, equipment trailers, are counted as a vehicle, and must be parked in allocated spaces. No parking in undesignated areas, including lawns. No mobile homes, trucks with campers, camping trailers, tents or other accommodations of any type are permitted on the Rental Property during tenancy. Violation of this rule is a material breach of the agreement and grounds for immediate expedited eviction.
15. Construction: New homes are constructed regularly in our area. There are no refunds or discounts given for construction occurring near or adjacent to the Rental Property. Dare County’s noise ordinance is enforceable from 11:00 pm to 7:00 am.
16. Maintenance and Repairs: No refunds will be provided due to inoperable appliances, pools, hot tubs, elevators, cargo lifts, etc. The Owner will make every reasonable effort to assure that such appliances will be and remain in good working order. No refunds will be given due to power blackouts, water shortage, flooding, snow, or other potentially dangerous situations arising from acts of god or nature.
17. Electronics and Services:  (e.g. Cable, Internet, TV, etc.) No refunds will be provided for the malfunction of any electronics or services. No guarantee is offered for reception and no refunds are offered for failure, interruption in service, delay in response time or spotty reception of cable, satellite, internet, or other service to the property.
18. Lost and Found: Tenant is responsible for all shipping costs for any Lost and Found items that Owner is requested to return to Tenant. Items found and not claimed within 30 days will be disposed of at the discretion of Owner.
19. Pools and Hot Tubs: Tenant releases Owner from all liability for any injuries or death resulting from Tenant or Tenant’s guests’ use of the pool. Pool heaters, when pool heat is purchased, are set to 80 degrees, but pool temperature cannot be guaranteed. No refunds will be given if the pool heat does not reach the desired temperature of 80 degrees. Hot tub cover should be replaced when not in use. Tenants are prohibited from tampering with chemicals or equipment. No alcohol, pets, urinating or defecating in pools or hot tubs. Children under 12 are NOT permitted in hot tubs. PROPER SUPERVISION IS REQUIRED AT ALL TIMES. There are NO LIFEGUARDS ON DUTY. Violation of this provision shall be grounds for expedited eviction and forfeiture of all monies paid. 
20. Linens: If linens or towels are rented from Owner or supplied with Rental Property, Tenant 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.
21. Surveillance Systems: Tenant is advised that Rental Property may be equipped with security cameras covering the exterior of the property. By execution of this lease agreement, Tenant consents to the use of such surveillance equipment.
22. Limitations of Remedies, Damages, and Indemnity: 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, Tenant 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 Tenant expressly acknowledges that in no event shall Owner be held liable for any special or consequential damages which result from this unavailability. Tenant also agrees to indemnify Owner from and against liability for injury to Tenant 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 spa, hot tub, sauna, whirlpool tub, pool, exercise equipment, elevator, cargo lift, etc. except only such a personal injury caused by the gross negligence or intentional acts of the Owner.
23. Evacuations: If a mandatory evacuation is ordered by Dare County, Tenant agrees to comply with the order and evacuate as instructed. Failure to do so will constitute an act of trespass and will initiate an immediate expedited eviction process in which Tenant will be evicted and not allowed to return to Rental Property after the evacuation order is lifted. Owner provides no refunds due to voluntary or mandatory evacuation as a result of man-made events or acts of nature or inaccessibility for any other reasons such as government ordered travel restrictions or area closures, road closures, suspension of ferry service, storms or storm damage, other governmental acts or acts of god. Owner strongly recommends the purchase of travel insurance as noted during the booking process.
24. Breach By Tenant: Owner may terminate this Agreement upon the breach of any of the terms hereof by Tenant. Tenant shall not be entitled to the return of any rental monies paid under the terms of this Agreement and shall vacate the Property immediately.
25. Governing Law and Severability: Agreement shall be enforced under the laws of the state within which the Rental Property is located, including any applicable rental acts of that state, and represents the entire Agreement. Any amendments must be in writing and signed by both parties. In the event of a dispute, legal action may only be instituted in the county within which the Rental Property is located. If any part of this Agreement shall be deemed unenforceable by law, that part shall be omitted from this Agreement without affecting the remaining Agreement.

NOW, THEREFORE, in consideration of the mutual agreements and covenants herein contained, Tenant 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.
• The reservation is subject to the above cancellation policy. No refunds will be given unless we are able to re-rent the Rental Property.