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 the Tenants.  Your signature on this agreement, or payment of money for 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.

TERMS AND CONDITIONS OF YOUR LEASE AGREEMENT

1. Payment Terms:  Reservation is considered tentative until payment has been received.  Credit cards, Venmo and cash are accepted.  Cashier’s Checks or Money Orders are accepted if payment is received at least 30 days prior to arrival. No personal checks will be accepted. 
2. Advance Payment:  Advance payment of 50% of the total rent and applicable taxes is due at the time of making a reservation or the reservation will automatically be cancelled without notice.  
3. Balance Due:  Balance of rental plus tax, fees for goods or services as shown above, must be received by the Owner 15 days prior to arrival.  For reservations made less than 30 days prior to arrival, full payment is due at time of reservation.  ALL RESERVATIONS MUST BE PAID IN FULL PRIOR TO CHECK IN AND POSSESSION OF THE PREMISE. 
4. Taxes: North Carolina requires collection of Sales and Use Tax on all fees for goods and services.  Occupancy Tax is a requirement of Brunswick County and Southport, NC.  Taxes are subject to change.  All taxes, applicable at the time of tenancy, are due and payable by Tenant.  Taxes will be disbursed upon termination of tenancy or a material breach of this agreement. 
5. Cancellation/Interruption Insurance:  If State or Local authorities order a mandatory evacuation of an area that includes the vacation rental property, the Tenant shall comply with the evacuation order pursuant to NC General Statutes Chapter 42A-36.  The Owner offers trip cancellation/interruption insurance to protect your vacation investment against mandatory evacuation orders as well as other unforeseen circumstances.  Tenant hereby acknowledges that he or she was offered Vacation Rental Insurance.  The Tenant will be refunded all monies if said insurance is purchased.  
6. Accidental Damage Deposit Waiver: An Accidental Damage Deposit Waiver (DDW) has been added to the reservation in lieu of a security deposit.  Under DDW you will not be required to pay for accidental damage to the home or the personal property of the Owner contained within the Premises, up to a limit of $1,500 per reservation.  Damages exceeding $1,500 will be the responsibility of the Tenant.  Under no circumstances does DDW release a Tenant or any member or guest of their party from obligations imposed by the North Carolina Vacation Rental Act with respect to maintaining the Premises, including by not limited to, the following: (a) keep the Premises as clean and safe as the condition of the Premises permit, and cause no unsafe or unsanitary conditions in the common areas and remainder of the Premises that You use; (b) dispose of all ashes, rubbish, garbage and other waste in a clean and safe manner; (c) keep all plumbing fixtures in the Premises or used by the Tenant in working condition and as clean as their condition permits; (d) not deliberately or negligently destroy, deface, damage or remove any part of the Premises or render inoperable the smoke detector provided by the Owner, or knowingly permit any person to do so; (e) comply with all obligations imposed upon the Tenant by current applicable building and housing codes; (f) be responsible for all damage, defacement, or removal of any property inside the Premises that is in Your exclusive control unless the damage, defacement, or removal was due to ordinary wear and tear, acts of the Owner or the Owner’s Agent, defective products supplied or repairs made by the Owner, acts of third parties not invitees of the Tenant, or natural forces; and (g) notify the Owner in writing of the need for replacement and of repairs during the tenancy which continued presence or use would jeopardize the safety of the Tenants and guests or harm the Premises including repairs to the smoke detector or replacing batteries as needed.  You agree not to use the Premises for any activity or purpose that violates any criminal law or government regulation.  Your breach of any duty contained in this paragraph after commencement of tenancy shall be considered material, and shall result in the termination of your tenancy with NO REFUND OF RENT.  Exclusions within the DDW specifically limit the Owner’s obligation to repair/replace and does not cover or release the Tenant from liability for damage due to the following: 1) intentional, willful, reckless or malicious acts of the Tenants or others on the Premises during the tenancy, 2) damage by pets, 3) theft from the Premises of either the Owner’s property or property of the Tenant, 4) gross negligence of Tenant or international misuse of furnishings, appliances, equipment, or other amenities provided with the home, 5) damage caused while under the influence of alcohol or drugs, 6) damages to real property, furnishing, or any vehicles resulting from operation of motorized vehicle by a Tenant, 7) damages related to smoking in “No Smoking” homes.  DDW is limited to tenancies of 30 days or less.  The conditions of the DDW provided to the Tenant shall extend to all members of the Tenants party and guests of the Tenant.  In order to not be charged for incidents described under the DDW all damages must be reported to Owner before check-out.  
7. Check-In: Check-In time begins at 3:00 PM.  We make every effort to ensure that all units are cleaned and ready for occupancy; however, in some instances it may be necessary to delay occupancy until the unit is ready.  Codes for the door will not be released until the home has been readied for occupancy. The Owner will try to accommodate early check-in if Tenant calls 24 hours in advance to request this. 
8. Check-Out:  Check-out time is 10:00 AM sharp.  No occupancy of the premises including driveways is permitted after check-out.  Tenants not complying with check-out procedures will be charged a minimum of $25/hour late check-out fee and/or will be grounds for expedited eviction.  Tenant is responsible for straightening all furniture, washing dishes, removing linens from beds, placing all trash in outside containers, closing and locking all doors and windows and leaving the unit in good shape for the next Tenant. 
9. Partial Week Rentals/Cleaning: Partial week rentals are available on some of our units.  Housekeeping charges of $160 apply to all stays.  Any complaint involving cleaning will be addressed but must be reported within 24 hours of arrival.  No complaints reported at the end of the tenancy will be considered in any way.  
10. Cancellation:  All cancellations must be in writing; in the event of an emergency cancellation occurring one week or less before check-in, a verbal cancellation will be accepted by phone, but must be followed up in writing verifying the telephone call.  Tenant agrees that the total paid under this agreement will be forfeited if the property is not re-rented for the same period of time for the full amount.  A cancellation fee of $50.00 will be charged for all cancellations.  Any amounts forfeited or charged for cancellation are taxable. If property is re-rented, the total paid, less the cancellation fee, and travel insurance, will be refunded.  Owner will not be responsible for reimbursing any 3rd party fees that have already been paid out and the guest must seek reimbursement directly for the third party.  
11. Cancellation by Owner: If your unit becomes unavailable prior to your arrival (change in ownership, removal from the rental market, Owner schedule changes, etc.) Owner will make every effort to find an acceptable substitute home.  We will notify you of the change as soon as we become aware of the situation.  Owner reserves the right to cancel this agreement at any time prior to Tenant taking possession of the property.  If such event occurs, all payments made by the Tenant to the Owner will be refunded, and the Owner will not be liable for any damages, or any sort, incurred by Tenant as a result of such cancellation.  If the guest desires to be placed in an alternate home, the Owner will make a good faith effort to relocate the guest.  If the home selected is more expensive, the Tenant agrees to pay the difference.  If the Owner is unable to find an acceptable home, the Tenant will be refunded 100% of the deposit.  
12. Transfer of Ownership:  Section 42A-19(a) provides that if the property is voluntarily transferred by the Owner, Tenant has the right to enforce the Vacation Rental Agreement (VRA) against the grantee of the property if the vacation is to end 180 days or less after the date the grantee’s interest in the property is recorded in the Register of Deeds Office.  If the vacation rental is to end more than 180 days after recordation of the grantee’s interest in the property, the Tenant has no right to enforce the terms of the agreement unless the grantee agrees in writing to honor the agreement, but the Tenant is entitled to a full refund of any payments he or she has made.  Within 10 days of a property transfer, each Tenant will be notified in writing of the property transfer, the grantee’s name and address, and the date the grantee’s interest was recorded.  If the Owner’s interest is involuntarily transferred to another, prior to the Tenant’s occupancy of the property, the Owner shall refund to the Tenant any payments made by the Tenant within 60 days after the transfer.  
13. Unit for Sale: Tenant understands property may be listed for sale.  Owner reserves the right to show each rental unit for sale to potential buyers.  Every effort will be made to schedule a convenient time for showing to minimize interruption. 
14. Accommodation Rules: A) House Parties/Minors- Tenant acknowledges that he/she is at least 25 years of age and understands that he/she must occupy the property for the entire lease term.  Owner does not rent to fraternities, school or civic groups or other non-family groups unless prior approval is granted by the Owner in writing.  Owner reserves the right to refuse occupancy, if in the Owner’s opinion occupancy is detrimental to the property.  Tenants misrepresenting their group will be subject to expedited eviction without refund.  B) Occupancy- Tenant is responsible for knowing and respecting the occupancy limits of the unit.  Tenant acknowledges that the permitted occupancy of the unit is no more than 6 people, regardless of age.  Tenants who exceed the occupancy limits will face immediate termination of the rental, a $250.00 violation fee, and no refund of any/all rental payments.  Owner shall conduct all activities in regard to this or any agreement, without respect to the race, color, religion, sex, national origin, handicap or familial status of any guest.  C) Smoke Detectors- North Carolina statutes require all Tenants to check smoke detector operation upon arrival and to notify, in writing, the Owner of any malfunctions.  D) Pet Friendly Units- Dogs are permitted on premises as long as approved by the Owner.  A non-refundable $150 pet fee plus tax will be required before check-in.  A second dog, if approved, will require an additional non-refundable $75 pet fee.  The pet fee is for a flea treatment and/or the extra cleaning required.  Any undeclared pet is subject to a $500 non-refundable fee.  This policy is strictly enforced. E) Grills- Grilling on decks is prohibited by the local fire ordinances.  If you wish to use a grill, please place the grill on concrete or other stable surface at least 10 feet from the property.  Propane and/or charcoal grill is provided on the side of the green duplex. The Tenant is responsible to supply their own charcoal and/or propane if there is none in there.  Please notify owners if the tank is empty.  F) Legal firearms are permitted.  G) Fireworks- Fireworks of any kind are prohibited on the premises. H) Hot Tub Rentals and Window Air Conditioners- No temporary hot tubs may be placed on the property at any time.  No window air conditioners may be placed in the property without express written permission of the Owner.  I) Smoking Policy- Owner operates all smoke-free units.  No smoking or other use of tobacco products, including e-cigs is permitted.  This includes, but is not limited to; pipes, cigars, snuff, vape or chewing tobacco.  Smoking is strictly prohibited inside any unit.  When smoking outside, do not leave cigarette butts on the ground or anywhere else.  Dispose of them properly in appropriate receptacles outside.  This policy applies to all Tenants, as well as their guests and visitors.  Tenants violating this policy will be charged a fee of $500 plus all expenses incurred to bring the unit back to its original smoke-free state.  If the property is rented back-to-back with a new guest checking-in on the same day- Tenant is responsible for the cost of moving the in-coming reservation to another property.  J) Furnishings- Accommodations and Furnishings: All units are furnished to the Owner’s unique taste.  Every effort has been made to represent each unit as realistically as possible with regard to space, physical condition and distance to beach accesses.  All units are set up for light housekeeping and are equipped for basic cooking.  Mattress pads, bedspreads, blankets and pillows are provided.  Please bring all paper products, condiments, staple items, beach towels and beach chairs.  K) Handicapped Accessibility- Owner’s property does not meet ADA standards and does not have ramps, elevators and/or other accessible amenities.  L) Force Majeure- Owner shall not be held liable for Tenant property damages caused by forces beyond Owner’s control including, but not limited to, electrical surges, electronic device malfunctioning, lightening, flooding, hail, hurricanes, winds, storms, erosion, strikes, lockouts, acts of utility companies or government authorities or any matter beyond the reasonable control of Owner.  
    
15. Lost and Found:  Any personal property left in the rental unit will not be the responsibility of the Owner.  Every effort will be made to return the items to the Tenants at the Tenant’s expense.  There is a minimum charge of $25.00 plus postage for retrieving and shipping any item back.  Unclaimed items will be donated to charity after 7 days. 
16. Keys: Owner will give Tenants a key to use.  A minimum of $50.00 per key charge will be applied and charged to the credit card on file, for all unreturned keys.  
17. Lock Out: If you have lost, misplaced or forgotten the keys or codes for your rental unit, you may contact Owner or Manager by phone. Owner- Shelly Harney 203-500-7971 and Manager- Jordan Sexton 203-500-2684. 
18. Fees: (A) There is a $25.00 returned check fee; (B) There a $25.00 late payment fee; (C) There is a non-refundable reservation fee of $50.00. 
19. Maintenance/Repairs/Nuisances: Owner agrees to make all repairs and do what is reasonably necessary to keep the property fit and habitable and to keep all common areas in safe condition.  Please report any equipment malfunction. Owner will make every effort to respond to any appliance or equipment problems.  NO refunds of rental payments will be made for a malfunctioning appliance or amenity, including pool, air conditioning, or any other items out of Owner’s control, such as bad weather, disruption of utility service (including TV, cable and/or internet) or a unit not decorated to personal taste.  In the event that there is no electricity or water, Owner will move Tenant if possible, to another available unit on the property until the problem is remedied.  At that time, Owner will move Tenant back to their original rented unit.  
20. Behavior Policy: Owner reserves the right, in their sole discretion, to terminate the Rental Agreement, at any time as a result of a Tenant’s abuse of Owner’s, Owner’s Agents and/or other Tenants and their guests.  Termination of Vacation Rental Agreement rights does not include a refund of any rental monies. 
21. Rights and Obligations: Pursuant to 42A-17(b) of the VRA, if at the time the Tenant is to begin occupancy of the unit, and the Owner or Agent of the Owner cannot provide the unit in a fit and habitable condition or substitute a reasonably comparable unit in such condition, the Owner or Agent shall refund to the Tenant all payments made by the Tenant.  If Owner is able to relocate Tenant, Tenant agrees to pay any difference in rental amount. 
22. Construction: Owner cannot predict construction activities in the vicinity of the property, and therefore, cannot be responsible for construction related delays, noise, traffic, or other nuisances occurring near the rental property.  No refunds or requests for relocations to another property due to nearby construction will be considered. 
23. Mandatory Evacuation: Tenants are required to comply with the provisions of NCGS 42A-36 as it relates to Mandatory Evacuation If the state or local authorities, acting pursuant to Article 36A of Chapter 14 or article of Chapter 166A of the General Statutes, order a mandatory evacuation of an area that includes the residential property subject to a vacation rental, the Tenant in possession of the unit shall comply with the evacuation order.  The Tenant shall not be entitled to a refund, if prior to Tenant taking possession of the unit, the Tenant refused Travel Protection Insurance offered by the Owner that would have compensated him/her against losses or damage resulting from loss of the use of the unit due to a mandatory evacuation order.  
24. Governing Law; Consent to Jurisdiction and Venue: This Vacation Rental Agreement shall be treated as though it was executed in the County of Brunswick, State of North Carolina, and were to have been performed in the County of Brunswick, State of North Carolina.  Any action relating to this Agreement shall only be instituted and prosecuted in the Courts of Brunswick County, North Carolina.  Tenant and all members of the Tenant’s party, specifically consent to such jurisdiction and to extraterritorial service of process
25. Indemnity Agreement:  Tenant, their family members, guests and all the occupants of the vocational rental unit agree to release, to indemnify, and to hold harmless, the Owner and his agent from and against all claims for damages and/or personal injury to any person (including Tenant’s guest) arising out of the use of the subject premises, including: Interior and all exterior areas, decks, stairs, and other common areas, that occurred during the tenancy of the premises, unless caused by the negligent or willful act of the Owner or Agent, or the failure of the Owner or Agent to comply with the Vacation Rental Act.  Tenant also agrees to defend the Owner and his Agent from any lawsuit alleging damages and personal injury that occurred during the Tenant’s rental of the property.  The Tenant shall not assign this Agreement or sublet the premises in whole or in part without the written permission of the Owner.   This agreement represents the entire agreement of the parties, and there are no representations, inducements or other provisions other than those contained in the Agreement.  Any amendments to the agreement must be in writing and signed by all parties.  Tenant acknowledges that this is a legally binding agreement.  Tenant is advised to consult his or her attorney for help in understanding this agreement.  By acceptance of this agreement, the Tenant and members of the Tenant’s party acknowledge and agree to abide by the conditions, limitations, and restrictions set for in this Vacation Rental Agreement.
26.  EXPEDITED EVICTION- Pursuant to the North Carolina Vacation Rental Act, any tenant who leases residential property subject to a vacation rental agreement for 30 days or less may be evicted and removed from the property in an expedited proceeding brought by the landlord or real estate broker as agent for the landlord/Owner, as provided in Article 4 of the North Carolina Vacation Rental Act if the tenant does one of the following: (1) Holds over possession after his or her tenancy has expired. (2) Has committed a material breach of the terms of the vacation rental agreement that according to the terms of this agreement results in termination of his or her tenancy. (3) Fails to pay rent as required by this agreement. (4) Has obtained possession of the property by fraud or misrepresentation.          Only the right to possession shall be relevant in an expedited eviction proceeding. All other issues related to the rental of the residential property shall be presented in a civil action.