This Guest Agreement (“Agreement”) is made between Hosteeva, LLC (“Hosteeva”) and Guest (“Guest”) and relates to Hosteeva managed accommodations. 1. This Agreement is in addition to any rental agreement entered into by Guest on the website by which Guest located the accommodations in the Building. In the event of any conflict between the terms of this Agreement and the terms of any such rental agreement, the terms of such rental agreement shall govern. 2. Guest must be at least 18 years old and able to enter into legally binding contracts to access and use rental accommodation provided by Hosteeva. By booking a reservation with Hosteeva Guest represents and warrants that they are 18 or older and have the legal capacity and authority to enter into a contract. Some areas or during certain times of the year, a property may require the guest to be older than 18. 3. Guest understands and agrees that, prior to Guest’s use of the accommodations, Hosteeva will perform a national criminal and sex offender background check on Guest through an accredited consumer reporting agency and that, in the event of an adverse background check report, Guest’s reservation shall be canceled and Guest’s reservation deposit shall be returned to Guest. Guest also acknowledges that a copy of the background check report will be provided by Hosteeva to the owner or property manager of the Building upon the owner’s or property manager’s request, subject to all applicable federal, state, or local requirements applicable to the recipients of such information. Use of a name other than the true legal name of Guest for the purposes of the reservation shall be grounds for immediate cancellation of the reservation and return of Guest’s reservation deposit. 4. Guest authorizes Hosteeva to charge Guest’s credit card for damages, extra cleaning required after Guest’s use of the accommodations, unauthorized early check-in or late check-out, or as otherwise outlined in the fee schedule below. Damages and extra cleaning shall be determined in the reasonable discretion of Hosteeva. 5. Guest and Guest invitees, visitors and guests must abide by Hosteeva rules and regulations and the rules and regulations of the Building, a copy of which is attached hereto. In the event of any conflict between Hosteeva’s rules and regulations and the rules and regulations of the Building, the more restrictive applicable rule or regulation shall govern. Violations of any rules may result in immediate eviction and loss of any monies paid to Hosteeva. 6. The accommodations shall not be used for any unlawful or illegal purpose under applicable federal, state, or local laws, statutes, ordinances, or orders. Use of the accommodations by Guest or Guest’s invitees, visitors, or guests for any unlawful or illegal purpose shall be grounds for immediate termination of the balance of Guest’s reservation. The accommodations shall not be used for any commercial, industrial, wholesale, or retail activity. No nails, screws, fasteners, or adhesives of any kind shall be inserted into or attached to any portion of the accommodations or the furnishings or other improvements in the accommodations. 7. Occupancy of the accommodations is limited to the number of individuals permitted by the Building or applicable laws, statutes, or ordinances. Occupancy may not exceed the number of sleeps in a property. Over Occupancy is grounds for immediate eviction. 8. No pets, including emotional support animals or therapy animals, are permitted in the accommodations unless pre-approved in writing by Hosteeva. Note that the Building may not permit animals of any kind or for any purpose. Violation of these policies may result in eviction. 9. The accommodations are equipped and supplied as fully furnished, including bedspreads, linens, blankets, pillows, towels and a standard equipped kitchen. Towels for hot tubs, spas, and/or swimming pools are not provided; Guest is responsible for providing towels for such use. Towels provided in the accommodations are not to be used for such use. Furnishings and floor plans of accommodations may differ from photographs in advertisements. Missing or damaged items provided in the accommodations shall be charged to Guest’s credit card. 10. Guest is responsible for reporting any maintenance immediately after check-in. Hosteeva will make every effort to address any maintenance once reported by you. No refunds will be made for any mechanical breakdowns or failures. 11. No smoking of any product or substance is permitted in the accommodations, common areas of the Building or near Building entrances. 12. No parties or other gatherings of individuals greater in number than twice the number of individuals legally permitted to occupy the accommodations are permitted in the accommodations. If Hosteeva is notified of a noise complaint during Guest’s occupancy, Guest will be notified by e-mail or telephone. If Hosteeva is notified of a second noise complaint during Guest’s occupancy, Guest will be removed immediately from the Building without refund. If law enforcement is called to the Building for any reason relating to a disturbance, noise complaints, occupancy issues, or inappropriate behavior involving Guest’s accommodations, Guest shall be responsible for all costs associated with such activity, including repair of any damage done to the accommodations or the Building, and may be subject to prosecution and/or eviction. 13. Guest is responsible for the conduct of all persons occupying or visiting the accommodations during Guest’s occupancy of the accommodations. Staff at the Building is not associated with Hosteeva. In the event Guest has any questions or concerns relating to the accommodations, including maintenance issues affecting the accommodations, Guest should immediately contact Hosteeva. Damage or cleaning issues relating to the accommodations must be reported to Hosteeva within three (3) hours of Guest’s first arrival at the accommodations. Damages or cleaning issues not so reported will be the responsibility of Guest and may result in additional charges to Guest under the fee schedule. 14. All keys, fobs, access cards, or remotes (garage) for access to the Unit, Building, Amenities or parking area (as applicable) shall be immediately returned to Hosteeva upon completion of Guest’s stay in the accommodations. Any key, fob, access card, or remote (garage) that is not returned at the time of check-out will result in a charge. Guest will pay up to $200 per key, fob, access card, or remote (garage). 15. Hosteeva is not responsible for any personal property of Guest in the accommodations and does not provide insurance for any such items. Guest is responsible for the insurance of Guest’s personal property. Guest is responsible for all damage to the accommodations and its contents during Guest’s stay. Guest agrees to indemnify and hold Hosteeva harmless from any damage caused by Guest or Guest’s invitees, visitors, or guests to the accommodations, the contents of the accommodations, the Building or any of its common areas, and any personal injury or death suffered by Guest or Guest’s invitees, visitors, or guests to the extent such personal injury or death is determined by an appropriate authority not to have been a result of negligence or misconduct by Hosteeva, its shareholders, directors, officers, employees, agents, or representatives. Hosteeva shall not be responsible for any loss or damage suffered by Guest or Guest’s invitees, visitors, or guests due to interruption of utility services, essential services, fire, or other occurrences of a similar nature, provided, that, in the event any such interruption results in the accommodations being rendered unusable through no fault of Guest or Guest’s invitees, visitors, or guests, Hosteeva shall refund to Guest the amount prepaid by Guest and not applicable to the period prior to the accommodations becoming unusable. 16. Hosteeva reserves the right to move Guest to a comparable accommodation in the Building or in another facility at any time should circumstances beyond Hosteeva's control arise. Hosteeva reserves the right to change dates or rates on any reservation without prior notice. In the event of any legal action to enforce or interpret this Agreement, the state courts of general jurisdiction or federal courts located in the portion of the state in which the Building is located shall have jurisdiction of such action. 17. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, such provision shall be severable and the remainder of this Agreement shall not be affected and each remaining provision will be valid and enforceable to the fullest extent of the law. 18. In the event of any dispute arising out of or relating to this Agreement, whether or not litigation or another form of dispute resolution is commenced, the substantially prevailing party shall be entitled to recover from the non-substantially prevailing party its reasonable attorneys’ fees and costs incurred in resolving such dispute. In the event of litigation or other forms of dispute resolution, the right to recover such attorneys’ fees and costs shall extend to any appeals and the cost of collecting any amounts due or enforcing any judgments or orders entered in such proceedings. 19. Guest understands and consents to the use of Guest’s credit card provided without original signature on the credit card slip, that an e-mail of this Agreement may serve as an original credit card slip, and that the credit card authorization cannot be revoked and will not terminate until ninety (90) days after Guest’s use of the accommodations has terminated. 20. Fee Schedule: • Unauthorized Late Check-Out: $100/hr after 11 a.m. local time • Smoking in Accommodations: $250 plus all costs to clean/restore the accommodations • Extra/excessive Cleaning: $100/hr for cleaning requiring more than 2 hours • Unauthorized Pets: $250 plus all costs to clean/restore the accommodations • Broken/Missing Items: Varies depending upon item and whether repair or replacement is required (as appropriate) • Missing Keys: up to $200 /key • Missing Key Fob/Keycard: up to $200/Fob or key card Parking Hangtag: $25 /hangtag • Parking Remote: up to $200 /remote Pool Agreement 2317/2319 Ave P Thank you for booking with us! In consideration for allowing this reservation and by reserving this unit you agree to uphold this Pool Agreement in its entirety POOL HOURS ARE 10AM-8PM NO LIFE GUARD ON DUTY POOL RULES: NO DIVING ONLY Approved registered guest permitted on the property Absolutely NO unapproved guest or visitors are permitted on the property at any time Only registered approved guest allowed ANY violation of occupancy rules results in immediate termination of your reservation without a refund • ABSOLUTELY NO RUNNING, JUMPING, or DIVING IN POOL, JACUZZI, AND OR POOL AREA • ONLY APPROVED REGISTERED GUEST CAN USE POOL, AND OR POOL AREA ALL GUEST MUST BE 25YO OR OLDER • NO ONE IS ALLOWED IN POOL AREA WHEN WEATHER HAS POTENTIAL FOR LIGHTING • NO GLASS IN POOL AREA • NO PETS IN POOL AREA • NO ALCOHOL IN POOL AREA • NO LOUD MUSIC • NO BBQING OR OUTDOOR FIRES • NO SMOKING ANYWHERE ON PREMISES • ONLY provided pool floats are allowed in pool area (safety floatation devices excluded) Pool is not heated (JACUZZI is only heated in the Winter months by reservation only additional fees may apply) It is NOT heated in Spring & Summer or Fall UNAPPROVED GUEST WILL RESULT IN IMMEDIATE CANCELLATION OF YOUR RESERVATION WITHOUT REFUND • POOL HOURS FOR GUEST HOUSE ARE FROM 10AM until 8PM (Different hours may apply when reserved in conjunction with the Main house & for Main house guest) This is a shared pool please be respectful of other guest By making this reservation and or entering the pool, jacuzzi, and or pool area you and your guest accept and agree to this agreement in its entirety. ‬ In consideration for using the pool, jacuzzi, and or pool area all guest agree to assume all responsibilities and liabilities for safety, monitoring, and inspections of pool, jacuzzi, and pool area and the person that reserved unit and their guest are responsible to make sure all guest know and follow all rules and further agree to indemnify the owner, manager and or anyone associated with owner and or manager for any actions resulting from injuries to guest and/or guest occupants or guests. Absolutely no one is permitted to use the pool, jacuzzi, and or pool area without knowing pool rules and agreeing to this waiver. By entering the pool area it is agreed upon that you have read understand and agreed to this agreement in its entirety. Anyone violating pool rules will be asked to leave property immediately This Swimming Pool and Hot Tub agreement become part of all Rental Agreements. ALL guest will use the swimming Pool and/or hot tub, Pool area at the tenant’s own risk. The property owner, manager and or anyone associated with owners or managers will not be held responsible for the injuries sustained by the guest and/or the guest occupants or guests when using the swimming pool and/or hot tub, and or pool area and the guest will indemnify the owner, manager and or anyone associated with owner and or manager for any actions resulting from injuries to guest and/or guest occupants or guests. The guest is responsible for the general maintenance of the swimming pool and/or hot tub. This includes, but is not limited to, keeping the swimming pool/hot tub safe, clean of debris, properly maintaining pool area and keeping the pool/hot tub areas clean, neat and organized. The guest is responsible for keeping all gates locked and the swimming pool/hot tub area secured at all times. The guest is responsible to to insure that no one under the age of 18 is left unattended by a parent or guardian AT ANYTIME. The guest understands and agrees that pool has schedules and hours that the swimming pool area can be used. These schedules and hours may vary and can change at anytime. Anyone violating these rules will be ask to leave the property immediately without refund The swimming pool/hot tub area may also be closed at anytime to maintain the pool, pool area and or equipment. The guest agrees to refrain from attempting to make any repairs or adjustments to the pool equipment or to any of the electrical wiring for the pool equipment. The guest must immediately notify Near the Pier Rentals of any repair that the swimming pool/hot tub may require. The guest is responsible for the full cost that may be due for repair and/or replacement of the swimming pool/hot tub that is required as a result of negligence by the guest or the guest occupants or guests. The guest must operate the swimming pool/hot tub in a safe, responsible manner. No pets of any kind are permitted in the swimming pool and/or hot tub at any time. The guest understands that the swimming pool and/or hot tub and pool area are strictly an amenity which is a privilege and that the use of this amenity is not guaranteed under the terms of any agreement. Any interruption or non-availability of the use of the swimming pool/hot tub will not violate any terms of the any agreement. If the guest violates any part of this Addendum, the tenant will then be in default of the agreement. In the event of a default, the property owner and or manager may initiate legal proceedings in accordance with local and state regulations to have the guest removed from the rented premises, as well as seek judgment against the guest for any monies owed to the owner and or manager as a result of the guest default.