NOTE: Cottage is waterfront. Kayaks are provided. Please talk to owner before attempting to use kayaks or enter the water. Must wear water shoes in the water to protect feet. NO SWIMMING!! Oyster Beds will cut your feet! Rental Terms and Conditions This Rental Agreement and Contract is a legally binding agreement made and entered into as of the Reservation Date written below by the "Guest" and the undersigned owner, manager or agent, pursuant to which the Guest has agreed to rent the unit described below (the "Property"), for the duration of the Rental Term for the Total Rental Fee and other good and valuable consideration as described herein. OCCUPANCY Guest agrees that no more than Six persons shall be permitted on the Property at any time during the Rental Term, all of whom shall comply with the conditions and restrictions imposed upon Guest under this Agreement. Guest acknowledges and agrees that guests in excess of Six are subject to additional charges. CONDITION AND USE OF PROPERTY The Property is provided in "as is" condition. Rental Agent shall use its best efforts to ensure the operation of all amenities in the Property, such as internet access, ROKU TV access. Rental Agent shall not be held responsible for such item’s failure to work but will make every effort to correct any issues as reported as quickly as possible. Guest acknowledges that use of amenities such as pools, firepits BBQs and the like may be potentially dangerous and involve potential risks if improperly used, particularly with regard to children and such use is at the Guest's own risk. Guest acknowledges property is located in a Southern state and although Rental Agent treats property quarterly for pets the occasional waterbug may be present. Guest shall use the Property for residential purposes only and in a careful manner to prevent any damage or loss to the Property and keep the Property in clean and sanitary condition at all times. Guest and any additional permitted guests shall refrain from loud noise and shall not disturb, annoy, endanger, or inconvenience neighbors, nor shall Guest use the Property for any immoral, offensive or unlawful purposes, nor violate any law, association rules or ordinance, nor commit waste or nuisance on or about the Property. DEFAULT If Guest should fail to comply with the conditions and obligations of this Agreement, Guest shall surrender the Property, remove all Guest's property and belongings and leave the Property in good order and free of damage. No refund of any portion of the Total Rental Fee shall be made and if any legal action is necessary, the prevailing party shall be entitled to reimbursement from the other party for all costs incurred. ASSIGNMENT OR SUBLEASE Guest shall not assign or sublease the Property or permit the use of any portion of the Property by other persons who are not family members or guests of the Guest and included within the number of and as permitted occupants under this Agreement. RISK OF LOSS AND INDEMNIFICATION Guest agrees that all personal property, furnishings, personal affects and other items brought into the Property by Guest or their permitted guests and visitors shall be at the sole risk of Guest with regard to any theft, damage, destruction or other loss and Rental Agent shall not be responsible or liable for any reason whatsoever. Guest hereby covenants and agrees to indemnify and hold harmless Rental Agent and their agents, owners, successors, employees and contractors from and against any costs, damages, liabilities, claims, legal fees and other actions for any damages, costs, attorney's fees incurred by Guest, permitted guests, visitors or agents, representatives or successors of Guest due to any claims relating to destruction of property or injury to persons or loss of life sustained by Guest or family and visitors of Guest in or about the Property and Guest expressly agrees to save and hold Rental Agent harmless in all such cases. RELEASE Guest hereby waives and releases any claims against Rental Agent, the Property owner and their successors, assigns, employees or representatives, officially or otherwise, for any injuries or death that may be sustained by Guest on or near or adjacent to the Property, including any common facilities, activities or amenities. Guest agrees to use any such facilities or amenities entirely at the Guest's own initiative, risk and responsibility. ENTRY AND INSPECTION Rental Agent reserves the right to enter the Property at reasonable times and with reasonable advance notice for the purposes of inspecting the Property or showing the Property to prospective purchasers, renters or other authorized persons. If Rental Agent has a reasonable belief that there is imminent danger to any person or property, Rental Agent may enter the Property without advance notice. UNAVAILABILITY OF PROPERTY In the event the Property is not available for use during the Rental Term due to reasons, events or circumstances beyond the control of Rental Agent, Rental Agent will apply due diligence and good faith efforts to locate a replacement property that equals or exceeds the Property with respect to occupancy capacity, location and value that meets the reasonable satisfaction of the Guest. If such replacement property cannot be found and made available, Rental Agent shall immediately return all payments made by the Guest, whereupon this Agreement shall be terminated and Guest and Rental Agent shall have no further obligations or liabilities in any manner pertaining to this Agreement. REFUNDS Any refunds that may be owed in compliance with the refund policy detailed on this site shall be processed and returned within 45 days following the date of Check-out of the original reservation for which the refund is requested. ADDITIONAL TERMS TO THE RENTAL AGREEMENT In addition to the standard terms included herein, Guest acknowledges and agrees that the following additional terms and conditions apply to the Guest's rental of the Property: The House Rules attached hereto and incorporated into this Agreement. House Rules We have a 100% no smoking policy inside all units. Failure to adhere to this rule with result in an additional cleaning charge of $250 being assessed and charged to Guest. Smoking is permitted outside on the deck area (not in the screened in porch area), and guests must clean up all debris or be subject to the same fine mentioned above. Pets up to 50 pounds are welcome subject to payment of the required pet fee of $100 per pet per stay due upon booking. Strick no cat policy. Pets are also subject to the Pet Policy of the property and should not be allowed on furniture. All vehicles must be parked on the unit site making sure to avoid encroaching into the city streets. Do not park in spaces designated for other cottages or in the circle surrounding the pool. Day guest visitors are subject to additional resort fees assessed by Innovate Property Management- no overnight guests allowed. Rules of Innovate Property Management are hereby incorporated into the subject rules and shall be followed at all times while on property. Please understand our refund policy. Reservations are refundable only in compliance with our policy. They cannot be changed or assigned. GENERAL PROVISIONS This Agreement contains the entire agreement between the parties with regard to the rental of the Property, and any changes, amendments or modifications hereof shall be void unless the same are in writing and signed by both the Guest and the Rental Agent. This Agreement shall be governed by the laws of the State North Carolina. The words "Rental Agent" and "Guest" shall include their respective heirs, successors, representatives. The waiver or failure to enforce any breach or provision of this Agreement shall not be considered a waiver of that or any other provision in any subsequent breach thereof. If any provision herein is held invalid, the remainder of the Agreement shall...