2015 Vacation Rental Agreement

Rev. 01/09/2015

2015 VACATION RENTAL AGREEMENT

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.

Reservation #: _______________

Guest Name: _____________________________

Address: ________________________________

City: __________, State ______, Zip _________

Phone: (____) ______ - ____________

E-Mail: _________________________________

Property #: _______________

Property Address: _______________

Check-In Day @ 4:00 pm: _______________

Check-Out Day @ 10:00 am: _______________

Rent Amount: _______________

Administrative Fee:

Trip Insurance (Optional):

Bed Linens (Optional):

Towels (Optional):

Pet Fee:

Misc. Fee:

Other Charges:

Taxes (NC & County):

Total:

DECLINE Trip Ins. INITIAL HERE:

DECLINE Bed Linens INITIAL HERE:

DECLINE Towels INITIAL HERE:

Security Deposit:

Total w/Sec. Deposit :

Advance Rent Payment:

________________

In consideration of the monies recited and the mutual obligations contained herein, the Owner does hereby lease and rent to Tenant that certain Property described above, under the following terms and conditions. Joe

Lamb Jr. and Associates, Inc. (Agent) as rental Agent for the Owner, signs this agreement on behalf of Owner in this transaction WITHOUT RESPECT TO RACE, COLOR, RELIGION, SEX, NATIONAL

ORIGIN, HANDICAP, FAMILIAL STATUS, SEXUAL ORIENTATION OR GENDER IDENTITY OF ANY TENANT.

1. Reservation and Payment Requirements: WHEN A RESERVATION REQUEST IS RECEIVED BY AGENT MORE THAN 30 DAYS IN ADVANCE OF CHECK-IN, TENANT MUST FORWARD A

SIGNED VACATION RENTAL AGREEMENT AND ADVANCE RENT PAYMENT WITHIN 3 DAYS AFTER THE RESERVATION REQUEST. A FINAL PAYMENT IS DUE NO LESS THAN 30

DAYS PRIOR TO CHECK-IN. IF THE RESERVATION REQUEST IS LESS THAN 30 DAYS PRIOR TO CHECK-IN, THE SIGNED VACATION RENTAL AGREEMENT AND ALL RENT

PAYMENT IS DUE ON THE DAY OF THE RESERVATION REQUEST. UNLESS THE AGREEMENT AND ALL REQUIRED PAYMENTS ARE RECEIVED BY AGENT WHEN DUE THE

RESERVATION MAY BE CANCELLED WITHOUT FURTHER NOTICE AND SUBJECT TO THE TERMS OF PARAGRAPH 8. ADDITIONAL FEES SHALL BE REQUIRED IF TENANT

REQUESTS ITEMS IN ADDITION TO THOSE ABOVE. ALL FUTURE MODIFICATIONS SHALL BE DOCUMENTED IN WRITING WHICH MAY ACT AS AN ADDENDUM TO THIS

VACATION RENTAL AGREEMENT.

2. Payment Methods: Payment can be made to Agent in US funds by cash, travelers check, money order, cashier’s check, certified check, company check, personal check, e-checks, Master Card, Visa, or Discover

subject to the following conditions: (a) Credit Card and e-check payments will be processed through a third party depository; (b) When payment is made by credit card the person named and endorsing the Vacation

Rental Agreement must also be the person whose name is on the credit card; (c) No personal checks, e-checks, or company checks will be accepted during the 30 day period prior to or on the day of check-in; and (d) A

$25.00 service fee will be charged for all returned checks.

3. Administrative Fee: A fee of $105.00 plus tax is charged by Agent on all tenancies.

4. Taxes: North Carolina has a Sales Tax and Dare County has an Occupancy Tax that is required on all rentals and fees. THESE TAXES ARE SUBJECT TO CHANGE. (For reference purposes last year’s taxes

were as follows: North Carolina 6.75%; Dare 6%).

5. Trip Insurance: Trip Insurance is available and offered through Agent and is strongly recommended. The fee for this insurance is 6.9% of the rental amount, reservation fee, occupancy tax, pet fee, optional linens,

and / or optional towels. Agent receives a fee for collecting the premium. The insurance is intended to protect Tenants in the event of unforeseen circumstances that cause cancellation or interruption, including but not

limited to mandatory evacuations of the area after check-in. A copy of the document detailing coverage can be found on Agents website or can be mailed, faxed, or e-mailed upon request. There will be no refunds for

any perils insurable by trip insurance. Trip insurance shall be the sole remedy for the occurrence of such perils. This insurance cannot be purchased after you have made your final payment. You have 14 days to cancel

trip insurance after the premium has been received by Agent. There will be no refunds of the trip cancellation insurance premium after the 14-day period has passed. To accept coverage, pay the Advance Rent Payment

indicated above. If trip insurance is declined, please initial where indicated above and deduct the trip insurance premium from the Advance Rent Payment.

6. Tenant Damage Insurance and Security Deposits: Included in the Rent Amount above is a premium paid for Tenant Damage Insurance. This will cover Owner in the amount of $1,500.00 for some of Tenant’s

accidental damages to Owner’s property. It is necessary that Tenant report on or before departure all damage discovered upon arrival or caused by Tenant or Tenant’s guest during Tenants occupancy of Owners

property. Intentional damage, gross negligence, natural disasters, certain thefts, and other exclusions are listed in the document detailing coverage and which governs the terms thereof. A copy of the document

detailing coverage can be found on Agents website or can be mailed, faxed, or e-mailed upon request. The premium for the insurance is $45.00 and Agent receives a fee for collecting the premium. A security deposit

may also be required. If a Security Deposit is required the amount is reflected above. Nevertheless, Agent may require an additional Security Deposit at its discretion. North Carolina law allows such security deposit

to be up to twice the amount of the weekly rental rate. The deposit may be used by the Owner for actual property damage, long distance phone calls, cable TV charges, or other expenses caused by Tenant and allowed

by NCGS 42-51. This deposit will be accounted for or refunded (less allowable deductions) within 45 days of your departure. Tenant promises to reimburse Owner for all damages to Owner’s property caused by

Tenant or his guests and not covered by Tenant Damage Insurance or a security deposit. Tenant shall also be responsible to Owner for attorney fees and other costs necessary to collect for such damages as allowed by

law.

7. Trust Deposits: ALL PAYMENTS MADE BY TENANT WILL BE DEPOSITED IN AN INTEREST BEARING TRUST ACCOUNT AT GATEWAY BANK, KITTY HAWK, NC 27949, YADKIN

BANK, SOUTHERN SHORES, NC, 27949, TOWNE BANK, SOUTHERN SHORES, NC 27949, PNC BANK, KITTY HAWK NC 27949, OR OBX BANK, KITTY HAWK, NC 27949; WITH ALL

INTEREST FROM SAID TRUST ACCOUNT ACCRUING TO AGENT. Credit card or e-check payments may be processed by insured third parties who shall make commercially reasonable efforts to make ACH

transfers to Agent’s designated North Carolina banking institutions within two (2) business days. An amount not to exceed 50% of the total rental rate may be disbursed to the Owner (or as the Owner directs) prior to

occupancy. Fees owed to third parties to pay for goods, services or benefits procured for the benefit of the Tenant, as well as the $105.00 administrative fee may be disbursed prior to occupancy. All other funds

remaining in the trust account will not be disbursed until: (a) commencement of the tenancy; (b) a material breach by the Tenant; (c) the money is refunded to the Tenant; or (d) the termination of the Owner's interest in

the Property.

8. Cancellations: No refund will be given unless the cancelled period is re-rented. All cancellation or transfer requests by Tenant must be in writing. If the property is re-rented for the contract amount all money

prepaid will be refunded except the trip insurance premium, Tenant Damage Insurance premium, charges for bed linen and towel orders, and a $140.00 cancellation fee charged by Agent. If the property is re-rented for

less than the contract amount, the refund will be further reduced by the difference between the contract amount and the amount actually received. If a reservation is cancelled and not re-rented for the cancelled period,

all advance payments, except the Security Deposit, will be forfeited by Tenant. If no writing is received and Tenant does not arrive during the rental period the reservation will be considered to have been cancelled and

not re-rented. Any refund checks will be mailed at the end of the month in which you become eligible for the refund. A transfer from this Property to another or from one week to another available week in this

Property will require an $85.00 transfer fee from Tenant. Owner approval is required for all transfers.

________ Guest Initials

9. Transfer of Property: (a) If the Owner voluntarily transfers the Property, Tenant has the right to enforce the Agreement against the grantee of the Property if Tenant's occupancy under this Agreement is to end 180

days or less after the grantee's interest in the Property is recorded. If Tenant's occupancy is to end more than 180 days after such recordation, Tenant has no right to enforce the terms of this agreement unless the grantee

agrees in writing to honor this agreement. If the grantee does not honor this agreement, Tenant is entitled to a refund of all advance rent paid by Tenant (and other fees owed to third parties not already lawfully

disbursed). Within 20 days after transfer of the Property, unless Agent is to continue as grantee's agent, the grantee or the grantee's new agent is required to: (i) notify Tenant in writing of the transfer of the Property, the

grantee's name and address, and the date the grantee's interest was recorded; and (ii) advise Tenant whether Tenant has the right to occupy the Property subject to the terms of this agreement or receive a refund of any

payments made by Tenant. (b) Upon termination of the Owner's interest in the Property, whether by sale, agreement, death, appointment of a receiver, or otherwise, the Owner, Owner's Agent, or real estate Agent is

required to transfer all advance rent paid by Tenant (and other fees owed to third parties not already lawfully disbursed) to the Owner's successor-in-interest within 30 days, and notify Tenant by mail of such transfer

and of the transferee's name and address. However, if Tenant's occupancy under this agreement is to end more than 180 days after recordation of the interest of the Owner's successor-in-interest in the Property, and the

successor-in-interest has not agreed to honor this agreement all advance rent paid by Tenant (and other fees owed to third parties not already lawfully disbursed) must be transferred to Tenant within 30 days.

10. Other Non-availability of Property: In the event that the Owner is unable to deliver the Property to Tenant at check-in because of fire, eminent domain, bankruptcy, receivership, foreclosure, act of nature, double

booking, delay in construction or any other reason whatsoever except as specified in Paragraph 9 above, Tenant's sole remedy and maximum damages recoverable as a result of any of these conditions is the full refund

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