TERMS & CONDITIONS

The Tenant is obligated to communicate the rules outlined in these Terms and Conditions to all fellow guest(s) (as defined below) before the Arrival Date. It is imperative for the Tenant to notify all other Tenant(s) that they are prohibited from using the Property (as defined below) unless they consent to and agree with these Terms and Conditions, specifically acknowledging the release, waiver, indemnification, and assumption of risk clause. By utilizing the Property, the other Tenant(s) implicitly consent to adhere to these Terms and Conditions on par with the Tenant. They also acknowledge and accept the release, waiver, indemnification, and assumption of risk clause. Furthermore, the Tenant affirms acceptance of all terms and conditions outlined in this agreement, confirming their status as an adult over the age of 25.

The Tenant explicitly commits to safeguard, indemnify, absolve, and defend the Owner and MMG Property Management LLC against any claims, legal actions, liabilities, demands, damages, or other expenses of any nature, including but not limited to reasonable legal and accounting fees. This commitment arises from the Tenant's responsibility to inform all other Users of the Terms and Conditions in compliance with this clause.

DEFINITIONS- In the context of these Terms and Conditions, the following terms carry the specified meanings:

• Agreement: Refers to the rental agreement existing between the Tenant and MMG Property Management concerning the Property.

• Owner: Denotes the individual who owns the Property, along with their agents, employees, sub-contractors, and any other individuals acting on behalf of or in the name of the Owner.

• Property: Signifies the property leased under the Agreement, as outlined with a specific street address and the Property's name in the Agreement. Within the scope of these terms and conditions, the Property encompasses both its interior and exterior features, including but not limited to furniture, appliances, BBQs, pools, spas, bicycles, watercraft (kayaks & paddle boards), docks, boat lifts, stairs, ladders, decks, fencing, and plants.

• Tenant(s): Represents the individual entering into the Agreement with MMG Property Management.

• Guest(s): Encompasses the Tenant and all individuals within the Tenant’s group, including those named in the Agreement, specifically the Tenant’s spouse, the Tenant’s children, and any other individuals within the Tenant’s group, along with all of their invitees, visitors, or other individuals utilizing any part of the Property during the Agreement's duration.

• MMG: Refers to MMG Property Management LLC and includes its owners, agents, employees, sub-contractors, and any other individuals acting on behalf of or in the name of MMG Property Management LLC.

CHECK-IN – Check-in time is at 4 PM EST, and check-out time is at 10 AM EST. Guests will receive detailed check-in instructions 24 hours prior to their arrival. Please note that access to the property may be restricted if the tenant has not signed the rental agreement. Upon check-in, Guests must be prepared to present a government-issued ID for verification purposes. Guests are responsible for supplying their own household essentials, including but not limited to toilet paper, laundry detergent, dish detergent, shampoo, and other similar items.

SMOKING – All homes managed by MMG Property Management are non-smoking homes. Evidence of smoking in the home will result in a smoking fee of $500.00.

PETS - Pets are not allowed on MMG Property Management premises unless prior written approval has been obtained from the Owner. Emotional support animals, while valuable for well-being, are not recognized as service animals under Florida Statute 413.08 and are therefore not permitted. Only service animals defined by the Americans with Disabilities Act are allowed. We do offer pet-friendly homes, subject to pre-approval by the owner and a pet fee of $350 per dog. Please note that only dogs are permitted in our pet-friendly homes. Guests must clean up after their pets, and a non-refundable pet fee will be charged. Unauthorized pets may result in eviction.

PAYMENT – To secure your reservation, a payment equal to 30% of the total reservation amount is due upon booking. A signed copy of the Agreement by the Tenant is also required to finalize the reservation.

The remaining 70% of the total reservation amount, along with any associated fees and deposits, must be paid no later than 30 days before your scheduled arrival date. Please be aware that for online bookings, payment is exclusively accepted via Credit Card.

BOOKING/SECURITY/DAMAGE DEPOSIT – To secure your booking, a deposit of $500 - $750 (varies depending on the home) is required and must be received no less than thirty (30) days before your arrival date. This booking deposit will automatically convert to a security/damage deposit upon your arrival. Please note that the deposit is not applied toward rent; however, it is fully refundable within fourteen (14) business days following your departure, provided the following conditions are met:

a. The property is left in the same condition as upon arrival, with no damage beyond normal wear and tear. No furniture was moved or rearranged, and no fireworks were used on the property.

b. All keys, garage door openers, and other provided items are returned upon departure.

c. All household items and amenities are intact and in working order.

d. There are no outstanding balances or fees owed by the guest.

e. The property has not been used for any unauthorized or prohibited activities.

f. The maximum occupancy limit has not been exceeded.

g. The guest has complied with all terms and conditions outlined in the rental agreement.

CANCELLATIONS – For a full refund, cancellation notice must be provided at least 30 days prior to the scheduled arrival date. Please note that a nonrefundable processing fee of 5% will apply to all bookings.

a. Cancellations made between 14 to 30 days before the arrival date will result in a 50% refund of the rental payment made. MMG Property Management will charge a $200 administration fee, and a 5% processing fee will be applied to the refunded amount.

b. Cancellations or changes made within 14 days of the arrival date will result in the forfeiture of the entire rental payment.

c. Early departures or cancellations will not warrant any refund of rent.

d. Please note that refunds are not guaranteed and are subject to exceptions such as acts of God.

e. No refunds are being given due to construction. Cape Coral and Fort Myers are highly desirable areas where building construction may occur, the Tenant cannot request a refund or a substitute vacation home due to construction noise or other disturbances. Any refunds or discounts will be at the discretion of the Owner.

CONTENTS – None of the contents of the home may be removed from the home, rearranged, and/or used outside on the property. The replacement cost of any damaged or missing items will be deducted from your security deposit. Content includes, but is not limited to, any MMG Property Management owned property such as Information Binders, Welcome letters, etc. and moving/turning off any security cameras.

RENEWAL/EXTENSION - This Agreement can be extended only if evidenced in writing.

PARKING – Parking is only allowed in paved driveway areas. RV’s, boats, and company trucks are not allowed to park on the driveway due to county & city restrictions.

ELECTRICITY CHARGES - Guests are responsible for paying the difference at $0.16 per kilowatt. Power meter readings will be conducted at check-in and checkout to ensure accurate measurement of electricity consumption.

AIR CONDITIONING/HEATING – During the summer months, when humidity levels are typically high, it is essential to maintain a controlled environment within the premises. To prevent excessive humidity from infiltrating the living spaces, all doors, sliding doors, and windows must remain closed. This measure helps to regulate indoor humidity levels and ensures the comfort and well-being of guests.

Air Conditioning and Heating Guidelines:

1. Closed Doors and Windows: If the air conditioning unit/heater is in operation, it is imperative to keep all doors and windows closed. Opening doors and windows while the unit is running can lead to operational issues, including freeze-ups.

2. Temperature Settings: To optimize energy efficiency and prevent system strain, please adhere to the following temperature guidelines:

a. Air Conditioning: Do not set the A/C below 72 degrees Fahrenheit under any circumstances.

b. Heating: Do not set the heater above 78 degrees Fahrenheit.

3. Responsibility for Unit Operation: It is the responsibility of the guest to ensure that the air conditioning unit/heater is turned off whenever doors and/or windows are open. Failure to do so may result in malfunction or damage to the unit.

GARBAGE PICKUP- Throughout the Rental Period, it is the Guest's responsibility to dispose of all garbage in the designated trash bins/cans/containers provided, and to ensure they are placed at the curb or designated area for collection on the evening before the specified pickup day as outlined in the Guest Book.

POOL/ SPA/ HOT TUB - Guests staying in pool homes are required to ensure that pool service technicians have unimpeded access to the pool area via the pool cage screen doors for weekly maintenance. To facilitate this, guests are kindly requested to leave these doors unlocked throughout their stay. It is the responsibility of guests to familiarize themselves with safety precautions and protocols for swimming in or being around the pool, spa, or hot tub, and to ensure that a responsible adult supervises minors in these areas at all times. Additionally, guests are strictly prohibited from bringing glass items, metal objects, or food into the pool, spa, or hot tub area.

Guests acknowledge and accept the potential risks associated with the use of the pool, spa, or hot tub, and understand that neither the property owner nor their agents will be held liable for any injuries or fatalities resulting from such activities. Please adhere to the recommended temperature guidelines, refraining from setting the pool temperature above 86 degrees Fahrenheit and the spa/hot tub temperature above 102 degrees Fahrenheit, as adjustments to these temperatures are not permitted due to operational constraints. In the unlikely event that temperatures drop below 65 degrees Fahrenheit, guests should be aware that the pool heating may not achieve the desired temperature, and no refunds will be provided in such circumstances.

KAYAK & BICYCLE SAFETY - Use of kayaks & bikes will require the signer to assume responsibility for each participant when signing the built-in waiver- prior to use of the equipment. In the case of individuals under 18, the parent or guardian who signs assumes the responsibility of supervising the minor while using the equipment.

BBQ GRILLS AND PROPANE GAS - During the stay, guests may find it necessary to refill or exchange an empty propane tank. If the propane tank requires a refill, it is the guest's responsibility to arrange for this service. Guests acknowledge the potential hazards associated with grilling and assume all related risks. The owner and their agents shall not be held liable for any injuries or fatalities resulting from the use of the grill, unless such incidents are directly caused by the negligence of the owner or their representatives. Guests agree to adhere to the following safety measures: refraining from allowing children in the grill area unsupervised, abstaining from operating the grill while under the influence of alcohol or drugs, and avoiding the placement of combustible materials on or near the grill while in operation.

REPAIRS AND MALFUNCTIONS – Guests must promptly notify MMG Property Management of any malfunctions, damage, or issues with the property within 24 hours after check-in, using either phone or email channels. MMG Property Management is committed to promptly addressing reported concerns. Guests are strictly prohibited from attempting repairs or altering any aspect of the property. It is important to note that faults in equipment, appliances, or services; occurrences such as insects, construction noise, a cold pool, or inclement weather; and issues such as faulty internet do not constitute a breach of contract, and refunds will not be provided for such occurrences. MMG Property Management reserves the right to promptly undertake necessary repairs or replacements, without assuming liability for malfunctions or damages resulting from guest misuse, negligence, or intentional actions. Guests acknowledge and assume the inherent risks associated with property rental, thereby agreeing not to hold MMG Property Management nor the owner accountable for any resulting inconveniences or damages. However, if the guest fails to report any issues within 24 hours after check-in, they will be held responsible for damages incurred during their stay and are liable for covering the associated costs. Upon checkout, guests must vacate the property at the designated time and return it to its original condition, without any property damage.

CHECK OUT – Please ensure that you review the guest binder provided in the vacation rental for the checkout list. Kindly leave the garage opener on the kitchen counter and ensure that all windows and doors are securely closed and locked before your departure. Please note that an additional fee of $100.00 may be charged if excessive trash is left on the property, as determined by the property manager. It's important to note that all vacation properties managed by MMG Property Management LLC do not provide daily housekeeping services. MMG and the property owner shall not be held liable or responsible for any personal items left behind on the property after checkout. Additionally, please be advised that MMG and the property owner assume no liability for any lost, stolen, or damaged packages sent to the vacation property, whether such incidents occur before, during, or after your stay.

KEY AND GARAGE DOOR OPENERS – In the event that keys or garage door openers are lost, the Guest will be responsible for the replacement costs. A charge of $50.00 per lost key and $150.00 per lost or damaged garage door opener will be applied. Additionally, if the Guest accidentally takes keys or garage door openers with them upon departure, they are responsible for shipping them back at their own expense.

LAWFUL USE OF PROPERTY/PARTIES – We retain the right to terminate occupancy if, at our discretion, your use of the property becomes unlawful. Fireworks are strictly prohibited on the premises, and any use of them will result in immediate checkout and forfeiture of the deposit. The property prohibits large parties or gatherings, and violation of this rule may lead to the renter(s) being asked to leave the property. The tenant and other guests are permitted to use the property solely as a private vacation residence and are prohibited from using any part of the property for trade or business purposes. They acknowledge and comprehend that the property must not be used for any form of drug dealing, illegal drug use, money laundering operations, organized crime, or any other illegal activities.

Should Tenant and their Users violate either rule as laid out on this agreement. the Tenant will be liable for all damage caused by such action and in addition a contractual penalty of up to $1,000.00 may be applied. Pets are only allowed in designated “pet friendly homes” at an additional pet fee.

THE PROPERTY – MMG Property Management reserves the right to access the premises as reasonably necessary for protection or inspection, repairs, and other services. This includes allowing prospective buyers to view the property and respond to emergencies, with notice provided at the discretion of MMG Property Management. The guest is prohibited from entering locked interior doors to the owner's storage and parking in any restricted areas of a garage.

LIABILITY – The laws of the State of Florida shall govern this agreement. The venue shall be Lee County, Florida. This agreement is binding on all parties, their heirs, successors, representatives, and legal successors. The owner and MMG Property Management LLC will not be responsible for any mishaps or losses that occur during or after the duration of your stay. By renting this house, you agree to assume liability for death, personal injury, personal loss, theft, audio/video equipment damage, vehicle damage, and property damage. We shall not be liable or responsible for boats/watercraft at the dock.

RELEASE OF WAIVER - The Tenant releases, waives, and holds harmless the Owner, MMG, and their representatives from all claims, including those arising from negligence, related to property use. This includes damages, injuries (including those related to Covid19), and loss during transportation, lodging, and other activities. The release covers personal property provided on-site. The Tenant assumes all risks and agrees to indemnify the Owner and MMG for any claims, liabilities, or expenses, including legal fees, resulting from their actions, non-compliance, or failure to inform others of the property rules. These provisions survive agreement termination. If any part is deemed invalid, it won't affect the remaining terms. If any part of these Terms and Conditions is declared void or invalid, it will not impact the remaining provisions. This Agreement may be executed in counterparts, and electronic transmission carries the same legal weight as an original. If a court deems any provision invalid, it won't affect the validity of other provisions. The Agreement is governed by Florida law, and any disputes will be addressed in Lee County Circuit Court. Tenants confirm consultation with legal counsel and acknowledge understanding of this Agreement. This Agreement constitutes the entire understanding between the parties, supersedes prior agreements, and can only be modified in writing with all parties' consent. Tenants represent that the person executing this Agreement is duly authorized on their behalf. This constitutes the entire agreement, superseding all prior negotiations, agreements, and implied UCC terms. Headings are for convenience only and do not affect interpretation. The agreement is not construed in favor of the non-drafting party. Only MMG can modify this Agreement in writing, unless stated otherwise. If any provision is invalid, it will be construed to permit enforcement or treated as if it never existed. MMG's discretion requires good faith and adherence to industry practices. The non-drafting party waives reliance on prior representations and any related claims. No breach is waived without written consent. The exclusive remedy for breach is limited to actual financial losses, attorneys’ fees, and costs. Liquidated damages are non-punitive. Actions must commence within one year. The 20th Judicial Circuit Court of Florida is the exclusive forum, unless exclusive Federal jurisdiction exists. FL law governs disputes, and jury trials are waived. The prevailing party is entitled to attorneys’ fees. The non-drafting party agrees to hold harmless and indemnify the drafting party against third-party complaints.

KAYAK & BICYCLE WAIVER

I acknowledge that I have read, understand, and agree to the terms and conditions outlined in this waiver regarding the use of kayaks and bicycles provided by MMG Property Management during my stay at the vacation rental.

• Assumption of Risk: I understand that kayaking and bicycling involve inherent risks, including but not limited to, the risk of injury, drowning, or death. I voluntarily assume all risks associated with participating in these activities.

• Responsibility for Safety: I acknowledge that it is my responsibility to familiarize myself with all safety regulations and guidelines related to kayaking and bicycling before using the equipment.

• Responsibility for Equipment: I agree to inspect the kayaks and bicycles before use and to report any damage or issues to MMG Property Management immediately. I understand that I am responsible for any damage to the equipment caused by my misuse, negligence, or intentional acts.

• Release of Liability: In consideration of being permitted to use the kayaks and bicycles provided by MMG Property Management, I hereby release, waive, and discharge MMG Property Management and the property owner from any and all claims, liabilities, damages, or expenses arising from or related to my use of the equipment.

• Indemnification: I agree to indemnify and hold harmless MMG Property Management and the property owner from any claims, liabilities, damages, or expenses, including attorney fees, arising from or related to my use of the kayaks and bicycles.

• Agreement to Terms: By signing this waiver, I acknowledge that I have read, understand, and agree to abide by all terms and conditions outlined herein. I understand that MMG Property Management and the property owner are not responsible or liable for any injuries, damage, or incidents that may occur during my use of the kayaks and bicycles.

• Minor Supervision: I understand that regardless of whether I use the equipment, I must sign this waiver. The parent or guardian assumes responsibility for supervising any minor during equipment use.

• Age Confirmation: I acknowledge receipt of the Terms and Conditions governing Kayak / Bicycle usage during my stay and confirm that I am AT LEAST 25 years old.

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