2015 Vacation Rental Agreement

Rev. 01/09/2015

of all funds previously received from Tenant less fees paid to third parties for the benefit of Tenant as authorized by Paragraph 7. If such an event occurs after check-in Tenants recovery is limited to a pro-rated refund.

If Tenant requests to be relocated in lieu of the above refund and Agent is able to relocate Tenant, Tenant agrees to pay any difference in rental rate and applicable taxes. Tenant expressly acknowledges that in no event

shall Agent or Owner be responsible for any expenses incurred as a result of moving Tenant.

11. Evacuations: THERE WILL BE NO REFUNDS DUE TO INCLEMENT WEATHER, INCLUDING HURRICANES. If state or local authorities order a mandatory evacuation of an area that includes the

residential property subject to this vacation rental, the Tenant shall comply with the evacuation order. Upon compliance, the trip insurance shall be the sole compensation to the Tenant for losses resulting from the

evacuation. The Tenant will not be otherwise entitled to a refund if prior to the Tenant taking possession of the property the Tenant refused the insurance offered by Agent in Paragraph 5.

12. Other Refunds: There will be no refunds unless at the time the Tenant is to begin occupancy the property is unfit and uninhabitable and no substitute can be found. The malfunction of air conditioning, kitchen

appliances, electrical equipment, or plumbing will not automatically render the property unfit and uninhabitable. Damage to certain structures including but not limited to screen porches and outside walkways will not

automatically render the property unfit and uninhabitable. Public utilities are beyond Owner’s control and their failure will not be grounds for a refund. No Amenities are guaranteed. The failure or absence of amenities

including but not limited to TVs, VCRs, DVDs, computer equipment, pools, hot tubs, telephone service, and internet service will not entitle Tenant to a refund. Every effort will be made to ensure repairs are made and

that all equipment is kept in working order. Please report any inoperative equipment to Agent promptly. No refunds shall be granted due to acts of nature, delay in check-in, early departure, surrounding construction,

beach nourishment, or noise.

13. Animals: Unless otherwise advertised, pets are strictly forbidden in rental properties. Nevertheless, no guarantee is made that a rental property has been free of pets or service animals prior to Tenant’s occupancy

and no refunds can be given if it is discovered that pets or service animals have formerly occupied the property. Further, Tenants bringing pets to homes that do not allow them will have committed a material breach

and be subject to refusal of occupancy, termination of this agreement and eviction without refund. For those properties advertised as allowing a dog, only one (1) dog will be permitted unless prior approval is granted.

Nevertheless the following dog breeds are never allowed: Rottweiler’s, German Shepherds, Pit Bulls, Doberman Pinchers, Chows, Wolf Hybrids, or any other dogs having previously displayed a vicious propensity.

Cats and other animals are never allowed. Tenant must clean property of all pet excretions immediately upon discovery. If you bring a dog(s) to a home in which they are allowed a non-refundable fee of $95.00 plus

tax, per dog, is charged for cleaning and flea extermination. If after paying the fee(s) you decide not to bring your dog(s), you must notify our office on or before the day of check-in in order to get a refund. Tenants

must abide by all applicable municipal pet ordinances and no representations are made by Owner or Agent concerning them.

14. Maximum Occupancy: Occupancy of the premises will be limited to two persons per bedroom including family, children and Tenant guests. Tenant should not permit the property to be occupied beyond

maximum occupancy. Violation of this prohibition will result in a material breach that allows refusal of occupancy, termination of this agreement, and eviction without refund. Bedding arrangements in the Property

are to illustrate possible sleeping arrangements and may not be taken as a representation of permitted occupancy. The hosting of parties in the home, on decks, or anywhere else on the property beyond the maximum

occupancy is a violation of this lease. No RV’s or Campers may be parked on the Property for the purpose of extra sleeping capacity nor any more vehicles than necessary to accommodate Tenant and Tenant’s guests.

Tenant agrees to be responsible for ensuring that maximum permitted occupancy of the Property is not exceeded during the term of the lease and should contact Agent with any questions regarding the permitted

occupancy of the Property.

15. Groups Not Allowed: Groups are not allowed to rent properties. No sororities, fraternities, students, graduation groups, wedding groups, chaperoned groups, or un-chaperoned groups are allowed. If a group

misrepresents itself to be a qualified Tenant and reserves the property, there will have been a material breach that allows refusal of occupancy, termination of this agreement, and eviction without refund. Owner or

Agent reserves the right to refuse occupancy or have the Property vacated without refunding any amounts previously paid. Tenant is invited to consult with Agent prior to signing this Agreement to assure that it is a

qualified Tenant.

16. Other Owner and Tenant Duties: Pursuant to the Vacation Rental Act Owner shall: 1. Comply with all current applicable building and housing codes. 2. Make all repairs and do whatever is reasonably necessary

to put and keep the property in a fit and habitable condition. 3. Keep all common areas of the property in safe condition. 4. Maintain in good and safe working order and reasonable and promptly repair all electrical,

plumbing, sanitary, heating, ventilation, and other facilities and major appliances supplied by him or her upon written notification from the Tenant that the repairs are needed. 5. Provide operable smoke detectors. The

Owner shall replace or repair the smoke detectors if the Owner is notified by the Tenant in writing that replacement or repair is needed. The Owner shall annually place new batteries in a battery operated smoke

detector, and the Tenant shall replace the batteries as needed during the tenancy. Failure of the Tenant to replace the batteries as needed shall not be considered negligence on the part of the Tenant or Owner. These

duties shall not be waived; however, the Owner and Tenant may make additional covenants not inconsistent here within the vacation rental agreement. The Tenant shall: 1. Keep that part of the property he or she

occupies and uses as clean and safe as the conditions of the property permit and cause no unsafe or unsanitary conditions in the common areas and remainder of the property. 2. Dispose of all ashes, rubbish, garbage,

and other waste in a clean and safe manner. 3. Keep all plumbing fixtures in the property or used by the Tenant as clean as their condition permits. 4. Not deliberately or negligently destroy, deface, damage, or remove

any part of the property or render inoperable the smoke detector provided by the Owner, or knowingly permit any person to do so. 5. Comply with all obligations imposed upon the Tenant by current applicable building

and housing codes. 6. Be responsible for all damage, defacement, or removal of any of the property inside the property that is in his or her exclusive control unless the damage, defacement, or removal was due to

ordinary wear and tear, acts of the Owner or his or her Agent, defective products, acts of third parties not invitees of the Tenant, or natural forces. 7. Notify the Owner of the need for replacement or repair to a smoke

detector. Tenant agrees not to use Property for any activity or purpose that violates any criminal law or governmental regulation and may use the Property for residential purposes only. Tenant's breach of any duty

contained in the paragraph shall be considered material, and shall result in the termination of Tenant's tenancy.

17. Acceptance of Policies: TENANT ALSO AGREES TO COMPLY WITH THE VACATION RENTAL POLICIES WHICH ARE SUPPLIED HEREWITH AND INCORPORATED HEREIN BY

REFERENCE AND SHALL BE BINDING TO THE EXTENT NOT INCONSISTENT WITH OTHER PROVISIONS OF THIS AGREEMENT. THE VACATION RENTAL POLICIES ARE LOCATED

IN AGENTS BROCHURE AND ON AGENTS WEBSITE. TENANT MAY REQUEST A COPY BE MAILED, EMAILED OR FAXED. BY SIGNING THIS VACATION RENTAL AGREEMENT

TENANT ACKNOWLEDGES THAT TENANT HAS READ AND UNDERSTANDS THE VACATION RENTAL POLICIES. VIOLATION OF THE VACATION RENTAL POLICIES PERTAINING

TO NON-SMOKING, FIREPLACES, OWNER AREAS, SWIMMING POOLS AND HOT TUBS, TELEPHONE, CABLE, AND INTERNET USE, AND GRILLING WILL RESULT IN A MATERIAL

BREACH THAT ALLOWS REFUSAL OF OCCUPANCY, TERMINATION OF THIS AGREEMENT, AND EVICTION WITHOUT REFUND.

18. Expedited Evictions: 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 eviction proceeding if

the Tenant does one of the following: (a) Holds over possession after his or her tenancy has expired. (b) Has committed a material breach of the terms of the Vacation Rental Agreement that, according to the terms of

the agreement, results in the termination of his or her tenancy. (c) Fails to pay rent as required by the agreement. (d) Has obtained possession of the property by fraud or misrepresentation.

19. Agent's Ownership and Fees: Agent and / or its employees may have Ownership interests in some of the property(s) offered for rent. Vendors, Agencies, Utilities and /or others may pay fees or commissions to

Agent for using their services. SUCH FEES OR COMMISSIONS ARE DEEMED SOLELY THE INCOME OF AGENT.

20. Representation: Tenant understands that Agent represents Owner in signing this Vacation Rental Agreement on behalf of the Owner. Agent does not represent Tenant. Tenant understands that Agent is not

Owner’s partner or joint-venturer, but in an Agency relationship with Owner as governed by North Carolina law.

21. Indemnification, Hold Harmless, and Release; Right of Entry; Assignment: Tenant agrees to indemnify, hold harmless, and release Agent and the Owner harmless to the extent allowed by law from and against

any liability for personal injury or property damage sustained by any person (including Tenant's guests). This provision is not intended to insulate Owner from the obligation to comply with the duties imposed by the

Vacation Rental Act and set forth in Paragraph 16 above. Tenant agrees that the Owner or their respective representatives may enter the Property during reasonable hours to inspect the Property, to make such repairs,

alterations, or improvements thereto as Owner may deem appropriate or necessary pursuant to the Vacation Rental Act. It is understood and agreed that Agent is retained by Owner to market his property for rental

purposes and not to inspect, maintain, or repair the structural integrity of the Property. Owner will make arrangements with other independent contractors for those purposes. Tenant shall not assign this Agreement or

sublet the Property in whole or part without written permission of Agent.

22. Competency: All parties to this Agreement verify that they are of legal age and / or otherwise competent to enter into this Agreement.

23. Non-disparagement: The Tenant agrees not to publicly criticize Owner or Agent including, but not limited to, speaking or writing about the Owner or Agent in any unflattering way as a result of Tenants

experience pursuant to this contract other than in the context of an agency or judicial proceeding.

24. Applicable Law, Jurisdiction and Venue: This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina. In the event of a dispute, Tenant consents, submits, and

waives all due process or any other objections to the exclusive jurisdiction and venue of State Courts in Dare County, North Carolina or Federal Courts in the Eastern District of North Carolina. Tenant agrees that such

courts constitute a convenient forum in that the Real Property that is the subject of this agreement is located in Dare County, North Carolina.

25. Entire Agreement: This Agreement is the entire agreement among the parties with respect to the subject matter hereof, and no representations or covenants, whether oral or written, have been made regarding the

subject matter hereof except as provided herein.

26. Severability: Every provision of this Agreement is intended to be severable, and if any term or provision hereof shall be declared illegal, invalid, or in conflict with North Carolina Law or the purposes of this

Agreement for any reason whatsoever, or if the enforcement of any provision shall be waived, the validity of the remainder of this Agreement shall not be affected thereby

Tenant has read, acknowledges, and accepts the terms set forth within this Vacation Rental Agreement and the policies incorporated herein including provisions concerning trip

insurance and cancellation. _____ Guest Initials

Agent: JOE LAMB, JR. & ASSOCIATES, INC